Bismarck 37 Repair peeling paint FY24 Simplified Solicitation.pdf

Sol. Reference No.47PJ0024R0064 GSA Contract No TBD

Document: C101-SAT-GC/Deceember 2023 (The Agreement)

Simplified Acquisition Construction Contract for the repair paint project at the

Bismarck FB/CH.

The Agreement

Table of Contents

I. Project Information A. Project Summary B. The Contract C. Period Of Performance D. Work Conditions/Site Requirements E. Authorized Representatives F. Contract Liquidated Damages Rate G. Buy American Exceptions H. Statement of Work, Specifications, Drawings

II. Prices

A. Basis of Pricing B. Contract Price Form

III. General Provisions

A. Commencement, Prosecutions and Completion of Work B. Contractor Responsibilities C. Material and Workmanship D. Project Schedule E. Interpretation of Specifications and Drawings F. Submittals G. Government’s Right to Stop Work for Non-Compliance H. Other Contracts I. Use and Possession Prior to Substantial Completion J. Finality of Contract Modifications K. Liquidated Damages L. Insurance Requirements M. Administrative Matters N. Bonds O. Requirements for GSA Information Systems

IV. Contract Clauses

A. Clauses Incorporated in Full Text

1. FAR 52.223-2 Affirmative Procurement of Biobased Products Under

Service and Construction Contracts (SEPT 2013)

2. FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 08)

3. FAR 52.225-9 Buy American—Construction Materials (OCT 2022)

4. FAR 52.228-13 Alternative Payment Protections (July 2000)

5. GSAR 552.204-9 Personal Identity Verification Requirements (APR

2023)

6. FAR 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment

(NOV 2021)

7. FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

8. FAR 52.228-11, Pledges of Assets (DEVIATION APR 2020) B. Clauses Incorporated by Reference

I. Project Information

I.A. Project Summary

This project is to repair the paint at the Bismarck FB/CH.

I.B. The Contract

(1) The Contract consists of the SF1442, the Agreement, the Statement of Work, Specifications, Drawings, Exhibits, Amendments, Modifications, and other Attachments identified herein (collectively, the Contract Documents). The Contract contains the entire agreement of the Parties, and no prior written or oral agreement, express or implied, shall be admissible to contradict or modify any part of the Contract.

(2) The Contractor shall provide and pay for all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution of the work described in and reasonably inferable from the Contract

Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the Contractor's completion of the Work, GSA shall pay the

Contractor the price or prices established in Section II, subject to the terms and conditions set forth in this Contract.

I.C. Period of Performance

(1) Commencement. The Contractor shall commence performance of the Work within

10 days after the Contractor receives the Notice to Proceed (NTP).

(2) Substantial Completion. The Contractor shall achieve Substantial Completion of the

Work, as that term is defined in this Agreement, no later than 80 calendar days from issuance of Notice to Proceed (NTP).

(3) Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 10 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements

Interior

I.E. Authorized Representatives

(1) This Contract is between the United States of America, acting by and through the

Administrator of General Services (GSA), and the Contractor (the Parties). References in this Contract to "the Owner" or "the Government" shall be understood to refer to GSA.

The following individual is designated as the only authorized GSA representative under this Contract, unless other warranted contracting officers are designated in writing:

Authorized Representative Information:

Contracting Officer’s Information

Name: Cody Lee

Address: 657 2nd Ave N Suite 244

Telephone: 701-566-6124

Email: cody.lee@gsa.gov

(2) For the applicable authorities and limitations see Section IV of this Agreement, GSAR 552.236-70.

I.F. Contract Liquidated Damages Rate In accordance with GSAR 552.211-12, Liquidated Damages – Construction, in Section

IV of this Agreement, liquidated damages shall be calculated at the rate of $ per calendar day. NA

I.G. Buy American Exceptions

For the applicable Buy American clause and any exceptions, see Section IV of this Agreement.

I.H. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments

The following documents are incorporated by reference into this Contract.

(1) Statement of Work for GSA Solicitation No. 47PJ0024R0064, Dated 2/13/2024

(2) Construction Drawings for GSA Contract No. 47PJ0024R0064, Dated 2/13/2024

(3) Wage Determination ND20240012, Dated 04/05/2024

CONSTRUCTION SCOPE OF WORK

U.S. GENERAL SERVICES ADMINISTRATION, ROCKY MOUNTAIN REGION 8

Date: 1/17/2024 Revision: 2/13/2024

Section 1: Project Title

002 Repair Peeling Paint

Section 2: Project Location, Building Name, & Building Number

Bismarck Federal Building 304 E Broadway Ave Bismarck, North Dakota 58501 Building Number: ND0002ZZ

Section 3: Contact List

Contracting Officer (CO) Name: Cody Lee Email: cody.lee@gsa.gov Address: 657 2nd ave N Fargo, ND 58102

Phone (O): 701-566-6124

Project Manager Name: Jesse Johnson Email: jesse.johnson@gsa.gov Address: 220 East Rosser Ave Bismarck, ND 58501 Phone (O): 701-557-9649 Phone (C): 701-202-9036

Property Manager Name: Shawn Sullivan Email: shawn.sullivan@gsa.gov Address: 102 N 4th St Room 125 Grand Forks, ND 58201 Phone ©: 701-739-3045

Section 4: Project Background & Project Description GSA, Region 8, is initiating a project to stabilize, seal, and repaint areas of failing lead containing paint (LCP) located in ND0002, Bismarck Federal Building. Room 236 is mailto:cody.lee@gsa.gov approximately 830 square feet, 2 doors/door frames, and 2 windowsills. Room 232 is approximately 671 square feet, 2 doors/door frames, and 1 windowsill. Room 216 is approximately 913 square feet, 3 doors/door frames, and 2 windowsills. Room 215 is approximately 1,309 square feet, 4 doors/door frames, and 2 windowsills.

*See Building Layout Below in Section 16

Section 5: Project Objectives The contractor shall provide labor, materials, equipment, and supervision necessary to perform: Stabilize, seal, and repaint damaged areas of LCP including (Square Footage) in ND0002, Bismarck Federal Building.

1) Contractor shall field verify all conditions, requirements, and quantity of lead containing paint to be stabilized at time of pre-bid walk through.

2) A TCLP test shall be performed in order to dispose of the lead paint waste materials into a land fill. The lead-specific TCLP test simulates landfill-leaching conditions; specifically, how much lead will leach out of the waste when exposed to typical landfill conditions. If the leachable amount of lead is equal to or greater than 5.0 milligrams per liter (mg/L), the waste is classified as hazardous waste.

3) The Contractor shall abide by all state and federal regulations and codes. All work shall comply with codes and standards applicable to each type of work through the course of this project. The contractor shall also comply with the requirements of GSA BuildGreen standards, and PBS P-100.

4) A staging area will be determined by mutual agreement after contract award.

5) The following information is provided for bidding purposes only. The contractor is advised to conduct a site visit and field-verify the exact information required for use in completing the work and submitting an offer.

6) No asbestos or lead containing materials shall be used.

7) The contractor is responsible for the protection of all existing building property surfaces from damage due to work performed under this contract. Damages to existing surfaces caused by the performance of this contract shall be repaired as to match the existing surface finish at no additional cost to the Government.

8) The Contractor shall remove all debris generated in the performance of this contract daily.

9) The contractor shall take all necessary precautions to prevent any dust or debris from filtering into other parts of the building including but not limited to mechanical systems. Should dust or debris filter into other parts of the building the contractor shall take immediate steps to clean the area (no equipment or supplies will be furnished by GSA).

10) Davis Bacon Wages and 100% Suitability Determinations are required for this job on all employees and sub-contractor employees working on-site.

11) No other work beyond the scope shall be done without written authorization from the Contracting Officer representing GSA.

12) At the completion of the project, the project area shall be cleaned to building standards as determined by the GSA Property Manager. Should the contractor fail to clean the project limits in a timely manner, GSA will contract for said cleaning and the cost will be deducted from the contract. Ensure that all penetrations are sealed with fire rated approved material as required by the International Building Code.

13) The CO has the right to reject any unsatisfactory or unsuitable material or workmanship.

Lead Containing Paint Stabilization Requirements.

Permitting/Regulations/Codes

1) A qualified and licensed abatement/stabilization contractor shall perform the regulated lead work and meet the requirements of this section or equivalent measures, which may vary depending upon site-specific conditions and regulated area configuration.

2) The Contractor shall be responsible for obtaining all necessary local, state, and federal permits and licenses and payment of related fees.

3) Contractor shall comply with all applicable federal, state, and local regulations including but not limited to:

a. Occupational Safety & Health Administration (OSHA) Lead Occupational Safety and Health General Industry Standard - 29 CFR 1910.1025

b. OSHA Lead Safety and Health Regulations for Construction Standard

– 29 CFR 1926.62

c. OSHA Respiratory Protection Standard - 29 CFR 1910.134

d. U.S. Environmental Protection Agency (EPA) Resource Conservation and

Recovery Act - 40 CFR 260 et seq.

e. Federal Management Regulation, Real Property, Safety and

Environmental Management, Lead - 41 CFR 102-80.30

f. U.S. Department of Transportation Hazardous Material Transportation

Regulations – 49 CFR 171 and 172

g. North Dakota Hazardous Waste Law - ND Century Code Chapter 23.1-

h. North Dakota Hazardous Waste Management Rules - ND

Administrative Code Article 33-1.24

Work Area Preparation and Controls

1) Floors and area around the work area shall be covered with 6-millimeter polyethylene sheeting.

2) Work areas shall be clearly demarcated with appropriate signage, and access will be restricted.

3) Critical barriers shall be installed as necessary. As appropriate, the work area shall be placed under negative pressure via a high efficiency particulate air

(HEPA) filter equipment with negative air machines (NAM) for the duration of regulated lead work.

Stabilization Methods

1) Regulated lead work shall be conducted by appropriately trained and licensed/certified lead workers certified to wear the appropriate level of personal protective equipment (PPE) as determined by the Contractor’s OSHA-defined Competent Person.

2) All loose/peeling paint shall be wet scraped from surfaces. A HEPA vacuum shall be utilized at the point of scraping to collect the loose paint chips and clean any debris.

3) Area where lead containing paints or coatings were removed or stabilized shall be encapsulated with a lead encapsulant prior to applying primer and paint.

NOTE: The application of primers/sealers specific to surfaces coated with lead containing paint (LCP) shall be required to ensure that the areas where damaged LCP is being removed transitions smoothly to the surfaces where the LCP is still intact. Delamination of the LCP may spread or increase if the primer and sealer are not applied immediately after HEPA-vacuuming and/or wet-scraping the areas of damage already identified.

Final Clean and Clearance Requirements

1) In each work area upon the completion of disturbing activities, the Contractor shall perform final cleaning of the regulated areas including on top of ductwork, conduits, other horizontal surfaces, etc., by wet wiping and use of HEPA filtered vacuums.

2) Clearance shall be conducted by a qualified third-party industrial hygienist including final visual clearance and final wipe samples.

3) If the area does not pass final clearances, the Contractor shall re-clean the area at no additional cost, and the process will be repeated until clearance is achieved.

4) Upon successful clearances, the Contractor shall deregulate the area by properly removing all waste, remaining items and equipment, controls, and signage.

Disposal

1) All debris shall be double bagged in 6-millimeter, labeled polyethylene bags, containerized and transported, and properly disposed of off-site at an appropriate facility.

2) The Contractor shall be responsible for the proper characterization and management of lead bearing waste in accordance with applicable federal, state, and local hazardous waste regulations. Lead bearing waste shall be assumed to be hazardous waste due to the characteristic of toxicity (Lead, EPA Waste Code D008) or have representative wastestream samples submitted to an accredited analytical laboratory for analysis via EPA Method SW-846 Test Method 1311:

Toxicity Characteristic Leaching Procedure (TCLP). As applicable, the waste characterization and manifest documentation shall be provided to GSA as part of the final project deliverable.

Lead Paint Specific Pre-Stabilization Submittals

1) Prior to the commencement of lead paint stabilization actions, the Contractor shall provide a written method or procedure (MOP) or lead work plan the following documentation to GSA for review and approval:

a. Statement of contractor’s qualifications and copies of the firm’s relevant licenses or certifications, worker certification and training, as applicable.

b. Location and quantities of lead containing paint to be stabilized.

c. A very detailed description of specific controls and work methods to be employed.

d. Number and types of regulated areas.

e. Project phasing and tentative schedule.

f. Waste characterization and management including how lead bearing will be bagged, managed, characterized, and the name and address of disposal or recycling facility(ies) to be used.

g. Copies of safety data sheets (SDSs) for all chemical products to be used.

Lead Paint Stabilization Specific Completion Deliverables

1) A written statement by the abatement/stabilization contractor on their company letterhead describing the stabilization activities, quantities and location of lead containing paint stabilized, controls and work methods that were used, waste bagging and handling, and name and address of disposal facility.

2) Copies of abatement/stabilization contractor’s state lead firm licenses, as applicable.

3) Copies of current certification and/or licenses for all asbestos supervisors and workers working onsite, as applicable.

4) OSHA-required respirator fit testing and medical clearance documentation for each person entering the regulated area.

5) Copies of personal or area air monitoring data, exposure assessments, initial determinations, etc.

6) Legible copies of all daily logs.

7) Legible copies of the final signed waste manifests or other shipping documentation.

8) Clearance report from third-party industrial hygienist.

Section 6: Proposal Pricing & Site Walk

1) Pre-proposal Site Visit Meeting:

a) The site visit shall consist of a meeting to review construction requirements followed by a walk-thru of the project site. The meeting shall be attended by the contractor and GSA project personnel, and appropriate sub-contractors.

The site visit date is to be determined. It is strongly recommended to attend the site visit; however, it is not required.

b) Review existing conditions of the project area including any field verification.

Review the solicitation/evaluation requirements.

2) Cost Proposal Requirements:

a) When submitting a proposal, provide a cost breakdown for each task into the following categories: Materials, equipment, labor hours, subcontractor's quotes, overhead, profit, and bond broken down into shell, tenant improvement (TI) (by tenant), Building- Specific Amortized Capital (BSAC), and environmental (as applicable). Follow P120 guidelines for tier level 3 based on project triage tool. Pricing shall be broken down by Construction Specification Institute (CSI) divisions.

b) Base Bid-

Section 7: Period of Performance

Once notice to proceed has been issued, the contractor has 90 calendar days to complete the project. The contractor must also promptly begin the badging process at the time of notice to proceed. Please allow a minimum of 30 days to complete the badging process. Extensions will be granted for unforeseen conditions and other factors outside of the contractor’s control at the Contracting Officer’s discretion.

Section 8: Universal Scope Requirements

• ALL of the requirements in this section are MANDATORY for ALL GSA projects

• See the attached Universal Scope Requirements document for the full details outlining each item

• Failure to comply with any and all of the requirements will result in the project not being accepted as complete

REQUIREMENTS for ALL Projects (Construction, Design & Design/Build)

a. Safety and Health Program

b. Asbestos Containing Materials. To comply with federal and state regulations as well as GSA policy, an asbestos pre-alteration assessment is required for all construction projects as outlined in Section B of the Universal Scope Requirements.

c. Lead Containing Paint / Lead Based Paint

d. Accessibility

e. Green Purchasing

f. Construction Indoor Air Quality (IAQ) Management Plan

g. Construction Waste Diversion

REQUIREMENTS for ALL projects IF APPLICABLE (Remove if not needed

AFTER consulting with OFM and/or other appropriate groups)

h. Excavation Permit

i. Utility Locates

j. gBuild

k. Historic Compliance

l. Commissioning (for all new AHUs or all new building system equipment)

m. GSA IT Network

n. Building Monitoring and Control Systems (BMC)

o. Advanced Metering System

p. Sustainable Environmental Management System (SEMS)

Section 9: Submittals

1) Contractor shall submit a Method of Procedures (MOP) to the GSA Delivery Project Manager (PM) for approval prior to commencement of work. At a minimum, the MOP shall include:

a) Brief narrative describing method of accomplishment, construction techniques, etc

b) Project schedule (to include critical path, major milestones, long lead time items, mob & de-mob, inspection dates, substantial completion, and occupancy dates)

c) Service/Utility Outages (if necessary)

d) Phasing schedule (if necessary)

e) Any building infrastructure/BAS equipment that may be impacted

2) Pre-alteration assessment report

3) All new equipment and anything requiring a preventative maintenance plan shall be inputted into Maximo upload template. Information needed from the contractor will be all: Manufacturer, Model Number, Part Number, Serial Number, Any Manufacturer Warranty Information.

4) Manufacturer's specifications, instructions, and material specification sheets in original form

5) Submittal register/ log for all products specified to establish a standard of quality to include. Submittal register response by the government shall be (14) calendar days or less.

a) For pricing purposed please assume 1 hard copy of submittals and 1 electronic copy to be sent to the project manager. Distribution list including final quantities will be finalized after receipt of the submittal log/ register by GSA project manager.

6) If product samples are not submitted in a timely fashion, any delays caused by the contractor will not warrant a time extension. After completion of all work, the Contractor shall submit to the project manager the manufacturer's specifications, instructions, and material specification sheets in original form. Additionally, the Contractor shall submit all inventory changes (removals, additions, upgrades, etc., and new condition codes) to the COR.

7) Submittal response by the government shall be (14) calendar days or less.

Section 10: General Requirements

1) Contractor Use of the Premises

a) During the period of the project, the contractor will have access to the site only during business hours of 8:00 am 5:00 pm. No on-site work shall be performed outside these hours or on holidays unless otherwise directed by the Contracting Officer. The contractor will need to coordinate with the Contracting Officer to arrange access to the parking lot. The contractor shall make every effort to cause a minimum of damage to parking lots, any other paved areas, any items that need to be moved during the course of the project, and any areas not included in this scope of work. Any damage caused will be repaired at the contractor’s expense.

b) All work being performed after hours will need to be approved by the project manager.

2) Progress Meetings

a) Progress meetings are not required for this project. The project manager and building team representative shall make daily inspections of the work progress.

3) Equipment The contractor shall provide all equipment associated with the entire project, operate in a safe manner, and adhere to all OSHA and GSA standards.

4) Equipment and Material Storage The contractor shall provide and store all equipment, the materials specified above, and any other materials required completing the project. The materials are required to be kept clean and dry throughout the duration of the project.

Contractor to coordinate with building manager for location of storage sheds.

5) Electricity, Water, and Gas GSA will pay for electricity, water, and gas during the course of this project.

The contractor is responsible for making connections to the existing systems.

Temporary electrical work shall meet the requirements of NFPA 70-1996 (NEC), Article 305. When temporary connections are removed, restore existing utility services to their original condition.

6) Fire Watch Contractor shall be responsible for providing fire watch if required per attached GSA fire watch guidelines.

7) Fire Alarm Impairment and Hot Work When a fire suppression or alarm system impairment is required, contractor shall provide written outage request to GSA for approval in advance of impairing any systems. Contractor shall be responsible for having a GSA approved NICET certified fire alarm contractor perform all system impairments. During fire alarm/suppression impairments or hot work procedures, contractor shall provide a fire watch per the GSA Regional Fire Watch Guidelines.

8) Protection of Public The building site will continue to be used by tenants. The contractor shall fence, barricade, or otherwise block off the immediate work area to prevent unauthorized entry. The contractor shall illuminate barricades and obstructions at night and maintain safe building access and egress for tenants.

9) Housekeeping The project site shall be kept in a neat, orderly, and safe condition at all times.

The contractor shall provide enough containers for collecting construction debris and construction materials to be recycled. The contractor shall wet down dry materials and rubbish to prevent blowing dust and keep volatile wastes in covered containers.

10) Transportation and Deliveries The contractor shall arrange deliveries of materials in accordance with construction schedules; coordinate with COR to avoid conflict with other tenants and other work conditions at the site. Contractor must make GSA PM & CO aware of any lead times that may affect the project schedule.

11) Trenching The contractor shall locate all utilities on this project before the work begins.

Any water, irrigation, fiber, electrical and communication lines that were hit during this project shall be replaced back to their original state under methods approved by the government.

12) Cleaning Before scheduling the final inspection, the Contractor shall accomplish six items: (1) Remove all tools, equipment, surplus material, and rubbish; (2) Restore or refinish, to original condition, surfaces that are damaged due to the work of this contract; (3) Remove grease, dirt, stains, foreign materials, and labels from finished surfaces; (4) Thoroughly clean building interiors; (5) Pickup all construction debris from the site; and (6) At time of final inspection, project shall be thoroughly cleaned and ready for use.

13) Protection of the Building The construction contractor is responsible for the protection of all existing building property for damage due to work performed under this contract. Any damage caused by the performance of this contract shall be repaired to match like or better condition at no additional cost to the government

14) Disruptive Work All painting, staining, or other activity which may cause noxious or undesirable fumes and/ or any noisy work that may be disruptive to the tenants/ public must be performed after normal working hours. The use of paint or stain that does not generate odors is preferred and may be required if the space will be occupied the following day with prior written approval from

GSA.

Section 11: Badging & Security

1) Contractor is responsible to follow GSA’s security and badging requirements as detailed in the attached Badging & Security Requirements (Vendor Fitness Determination Training Manual).

2) The contractor may be subjected to additional background checks by the local agency at any border station projects.

3) US Access shared enrollment centers can be found at fedidcard.gov. Travel distances to the nearest center should be accounted for during the badging process.

4) All contract employees working onsite shall have a favorable Tier 1 or SAC background investigation.

ii. Personnel who have not received a favorable determination will not be permitted to work on this project.

iii. Escorting of employees that have not received a favorable determination through GSA’s security requirements or local agencies background check is not permitted.

iv. The contractor may be subjected to additional background checks by the local agency for any border station projects or services.

v. At the discretion of the Port Director and GSA Facility Manager, background checks for escorted personnel may be conducted by Customs and Border Protection.

Section 12: Payments http://fedidcard.gov/

1) Information regarding payment requests and payment is in the solicitation/ contract. Please contact the CO if you have any questions regarding payments.

Section 13: Substantial Completion & Final Inspection

1) When project, or designated portion of project is complete, request a final inspection. Upon receipt of request that project is substantially complete, the Contracting Officer will proceed with the inspection within ten days of receipt of request or will advise the contractor of items that prevent the project from being designated substantially complete.

2) Red-lined drawings and CAD and/or BIM as-built drawings, and field training for Operations and Maintenance (O&M) personnel shall be provided at completion of project. Maintain one complete set of contract drawings. Clearly mark changes, deletions, and additions using GSA CAD Standards to show actual construction conditions. Show additions in red, deletions in green, and special instructions in blueprint. Provide to GSA within timeframe negotiated at time of award.

3) The contractor shall provide O&M manuals. The O&M manuals shall contain the following:

o Executed Warranties (at project completion) o Maintenance and operation manuals

Section 14: Historical Building: The Federal Building in Bismarck, North Dakota is a Historic Building and is listed on the National Register of Historic Places (NRID# 83004064 10/1983). As such, projects in the building are required to follow the guidelines set forth in the following publications.

▪ ADM 1020.2 GSA Procedures for Historic Properties

▪ The National Historic Preservation Act of 1966, as amended and Executive

Order 11593.

▪ The Secretary of the Interior's Standards and Illustrated Guidelines for

Rehabilitating Historic Buildings, Revised 1992 (36 CFR 67).

▪ GSA Technical Preservation Guidelines:

http://www.gsa.gov/portal/content/101402

▪ GSA Historic Preservation Technical Procedures:

http://www.gsa.gov/portal/hp/hpc/category/100371/hostUri/portal

▪ National Park Service Preservation Briefs:

http://www.nps.gov/tps/how-to-preserve/briefs.htm

Any work that could alter the building’s historic fabric, character, or appearance, both on the interior and exterior must first be approved by the GSA Historic Preservation Officer/Historic Preservation Specialist and the North Dakota State Historic Preservation Office (SHPO) before any actions are to take place.

No construction work can begin until Section 106 of the National Historic Preservation Act (NHPA) is complete.

Section 15: Attachments http://www.gsa.gov/portal/content/101402 http://www.gsa.gov/portal/hp/hpc/category/100371/hostUri/portal http://www.nps.gov/tps/how-to-preserve/briefs.htm

1) Universal Scope requirements

2) Badging & Security requirements (Vendor Fitness Determination & Training

Manual)

3) Limited Lead Based Paint Inspection Report

4) Lead Based Paint Policy Under Historic Preservation Guidelines

Section 16: Pictures

"General Decision Number: ND20240012 04/05/2024

Superseded General Decision Number: ND20230012

State: North Dakota

Construction Type: Building

County: Burleigh County in North Dakota.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2024. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.90 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2024. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/05/2024 1 04/05/2024

BOIL0647-006 01/01/2023

Rates Fringes

BOILERMAKER......................$ 44.37 29.46

ELEC0714-013 07/31/2023

Rates Fringes

ELECTRICIAN......................$ 36.94 10.5%+12.41

IRON0512-006 05/01/2022

Rates Fringes

IRONWORKER, STRUCTURAL...........$ 35.95 33.11

PLUM0300-017 05/30/2022

Rates Fringes

PLUMBER..........................$ 35.88 18.85

PLUM0300-020 06/06/2022

Rates Fringes

PIPEFITTER.......................$ 39.29 18.07

* SFND0669-002 04/01/2024

Rates Fringes

SPRINKLER FITTER (Fire Sprinklers)......................$ 39.04 23.99

SHEE9010-001 06/06/2022

Rates Fringes

SHEET METAL WORKER (HVAC Duct Installation Only)...............$ 28.19 21.15

* SUND2012-001 08/18/2014

Rates Fringes

BRICKLAYER.......................$ 24.46 13.96

CARPENTER........................$ 15.78 ** 0.00

CEMENT MASON/CONCRETE FINISHER...$ 17.73 4.24

HVAC MECHANIC (Installation of HVAC Unit Only)...............$ 24.46 5.47

INSULATOR - MECHANICAL

(Duct, Pipe & Mechanical System Insulation)...............$ 16.73 ** 2.94

LABORER: Common or General......$ 13.64 ** 0.00

LABORER: Mason Tender - Brick...$ 15.32 ** 0.00

LABORER: Mason Tender - Cement/Concrete..................$ 14.23 ** 4.50

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 23.06 4.00

OPERATOR: Crane.................$ 26.18 9.39

OPERATOR: Forklift..............$ 23.06 15.47

OPERATOR: Loader................$ 25.98 0.00

PAINTER (Brush and Roller).......$ 21.86 8.41

ROOFER...........................$ 17.17 ** 2.66

SHEET METAL WORKER, Excludes HVAC Duct Installation...........$ 24.14 0.00

TRUCK DRIVER: Dump Truck........$ 19.81 5.42

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

II. Prices

II.A. Basis of Pricing

(1) Contract Prices. All Contract prices set forth in this Section include all costs necessary to complete the work for which the price is established (e.g., Base Contract, Unit Price, Options) in accordance with the Contract Documents, including, but not limited to, the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit.

(2) Knowledge of Conditions Affecting Price. FAR 52.236-3, Site Investigations and Conditions Affecting the Work, is incorporated by reference in this Contract. The Contractor shall be presumed to have established all prices with knowledge of general and local conditions that may affect the cost of Contract performance at the site where the Work is to be performed, to the extent that such information is reasonably obtainable.

(3) Unit Prices and Allowances. If any portion of the Work is to be performed on a unit price basis, the Unit Price shall include all costs of coordinating and incorporating the unit-priced portion of the Work into the Base Contract Work. The Contractor shall only be obligated to perform unit-priced work to the extent that an Allowance has been established. The Contractor shall be obligated to perform such work in excess of a unit quantity for which an Allowance is established only if directed by the Contracting Officer in writing. The Contractor shall be bound to the unit price or prices set forth herein in all equitable adjustments for changes including unit priced work, and no markups shall be applied to such unit prices.

(4) Options. If any portion of the Work is to be performed upon the timely exercise of an Option, the Option Price shall include all costs of coordinating and incorporating the Option-priced portion of the Work into the Base Contract Work. An adjustment to the Contract price for such additional work shall be computed solely on the basis of the Option price or prices set forth herein. Unless otherwise specified, all options may be exercised within 90 days of Contract award.

(5) Bid Rates. If this Contract includes Bid Rates to be used in determination of equitable adjustments (e.g., overhead, profit, daily rates for time-related costs), such rates shall be deemed to include all costs recoverable as components of an equitable adjustment consistent with the requirements, definitions, and exclusions applicable to equitable adjustments set forth in this Contract, and consistent with the Contractor's cost accounting practices. Unless otherwise specified, the bid rates shall be deemed to include only the Contractor's costs, and not the costs of any subcontractors.

II.B. Contract Price Form

Please use SF1442.

III. Terms and Conditions

III.A. Commencement, Prosecution, and Completion of Work

FAR 52.211-10, Commencement, Prosecution, and Completion of Work and GSAR 552.211-10, Commencement, Prosecution and Completion of Work is supplemented as follows:

The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of the Work, as defined in GSAR 552.211-70 Substantial Completion (Mar 2019) and the time specified in Section I (Project Information), “Period of Performance” clause. If the Contract specifies different completion dates for different phases or portions of the Work, the Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of such phases or portions of the Work within the times specified.

III.B. Contractor Responsibilities

GSAR 552.236-71, Contractor Responsibilities is located in Section IV.A. of this Agreement and is supplemented as follows:

(1) The Contractor shall secure and pay for all necessary permits and governmental fees, licenses, and inspections that are customarily secured after award of the Contract and that are legally required at the time of award. The Contractor shall provide a copy of the permits required for execution of the work to the Contracting Officer prior to commencement of any related work.

III.C. Material and Workmanship

All equipment, material, and articles incorporated into the Work shall be new and of the most suitable grade for the purpose intended, unless otherwise specified in this Contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number shall be regarded as establishing a standard of quality and performance and shall not be construed as limiting competition.

Unless specifically directed by the Contracting Officer, the Contractor may use any equipment, material, article, or process that is equal to that named in the specifications, so long as it is of comparable quality and meets specified characteristics, or, if no such characteristics are specified, the relevant performance characteristics of the specified item.

III.D. Project Schedule

(1) The Project Schedule shall be a rational, reasonable and realistic plan for completing the Work, and conform to requirements specified in this clause and elsewhere in this Contract.

(2) The Contractor understands and acknowledges that the preparation and proper management of the Project Schedule is a material component of the Work, and that the Contract price includes all costs of compliance with Project Schedule requirements.

(3) The Project Schedule shall depict all major activities necessary to complete the Work.

(4) Prior to NTP, the Contractor shall submit its Project Schedule to the Contracting Officer. The Contractor shall submit the Project Schedule in PDF and hardcopy print format.

(5) The Project Schedule shall incorporate both major tasks as well as milestone events specified in the Contract, including, as applicable, NTP, Substantial Completion, and milestones related to specified work phases and site restrictions. The Project Schedule shall also include Contractor-defined milestones to identify target dates for critical events, based upon the Contractor's chosen sequence of work and be linked to the tasks that drive those milestones.

(6) Unless a shorter period for updates is specified elsewhere, the Contractor shall update the Project Schedule weekly to reflect its actual progress in completing the Work, and submit the updated Project Schedule to the Contracting Officer.

(7) If the Contractor revises the Project Schedule after initial submission, the Contractor shall provide in writing to the Contracting Officer a narrative describing the substance of the revision, the rationale for the revision, and the impact of the revision on the projected substantial completion date.

(8) If at any time the Contracting Officer finds that the Project Schedule does not comply with any Contract requirement, the Contractor shall, upon written notice of exceptions taken by the Contracting Officer, revise the Project Schedule, adjust activity progress, or provide sufficient information demonstrating compliance.

(9) If the Contractor fails to sufficiently address the Contracting Officer's exceptions to the Project Schedule within 15 calendar days of written notice of same, the Contracting Officer may withhold retainage until the Project is Substantially Complete or until such time as the Contractor has complied with Project Schedule requirements.

(10) The Contracting Officer shall be entitled, but not required, to rely upon the Project Schedule to evaluate the Contractor's progress, evaluate entitlement to extensions of time, and determine the criticality or float of any activities described in such Project Schedule.

III.E. Interpretation of Specifications and Drawings

(1) The specifications and drawings shall be interpreted to complement each other. Requirements set forth in the specifications and not shown on the drawings, or shown on the drawings and not set forth in the specifications, shall be of like effect as if shown or set forth in both.

(2) Different requirements within the Contract Documents shall be deemed inconsistent only if compliance with both cannot be achieved.

(3) If a requirement set forth in one location is more restrictive than that set forth elsewhere in the Contract Documents, requirements set forth in specifications shall govern over requirements set forth in drawings; otherwise, the more restrictive shall govern.

(4) In case of inconsistent requirements within the drawings, the following order of precedence shall apply:

(a) Requirements indicated in large-scale drawings shall govern over inconsistent requirements indicated in small-scale drawings.

(b) Requirements indicated in schedules shall govern over inconsistent information shown in drawings.

(5) Unless otherwise noted, the drawings shall be interpreted to provide for a complete construction, assembly, or installation of the Work, without regard to the detail with which material components are shown in the drawings.

(6) If any inconsistency within the drawings or specifications cannot be reconciled by reference to this clause, the Contractor shall promptly request a determination from the Contracting Officer as to which requirement shall govern. Election by the Contractor to follow either requirement without a determination from the Contracting Officer shall be at the Contractor's risk; should the Contracting Officer subsequently determine that the requirement not followed by the Contractor governs, the Contractor shall be responsible for all cost and time required to comply with the Contracting Officer's determination.

III.F. Submittals

(1) The Contractor shall prepare and submit to the Contracting Officer shop drawings, samples, calculations, product information, mockups, and other submittals (collectively, "submittals") demonstrating compliance with Contract requirements for all Work components as specified elsewhere in this Contract. If particular submittal requirements are not specified for a component of the Work, the Contractor shall prepare submittals for such Work as directed by the Contracting Officer.

(2) Prior to submission, the Contractor shall review all submittals for accuracy,…