Amendment_000008.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

N/A

PAGE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE NO. 5. PROJECT NO. (If applicable)

000008 02/16/2018 N/A See Block 14

6. ISSUED BY CODE N/A 7. ADMINISTERED BY (If other than Item 6) CODE N/A

Department of Transportation Federal Highway Administration 610 East Fifth Street Vancouver WA 98661-3801

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and Zip Code) 9A. AMENDMENT OF SOLICITATION NO.

X DTFH7017B00030

9B. DATED (SEE ITEM 11)

10/13/2017

10A. MODIFICATION OF CONTRACT/ORDER NO.

N/A

10B. DATED (SEE ITEM 13)

CODE: N/A FACILITY CODE: N/A N/A

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

| X | The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

(_ ) is extended, ( x ) is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

N/A

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A THIS CHANGE ORDER IS ISSUED PURSUANT TO (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN

ITEM 10A.

N/A

B THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (Such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

N/A

C THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

N/A D OTHER (Specify type of modification and authority)

N/A E. IMPORTANT: Contractor n/a is not, n/a is required to sign this document and return n/a copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

MT DAR 2017(2), 2017 By Mile – Fergus Area

See Page 2.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15a. NAME AND TITLE OF SIGNER (Type or print) 15a. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

N/A

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

BY_________________________________________ BY N/A___________________________ N/A (Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITION NOT USABLE

30-105 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

Amendment No. 000008, dated 02/16/2018 Project No MT DAR 2017(2) Solicitation No. DTFH7017B00030 Project Name 2017 By Mile – Fergus Area

REVISIONS ARE AS FOLLOWS:

NOTICE TO BIDDERS

Page A-1 Revises Pre-bid information with Base Plus Option Bid Schedule and reference for basis of award.

SF 1442, SOLICITATINO, OFFER, AND AWARD (Pen & Ink change) Page A-4, Block 21. Revises Items Accepted from Page A-7 to Page A-9

BID SCHEDULE

Page A-6 revises the estimated price range of the project.

Page A-7 through A-9 Replaces entire Bid Schedule with Base Plus Option Bid Schedule.

CONTRACT CLAUSES

SOLICITATION PROVISIONS

Page B-13 Adds FAR Provision 52.217-5, Evaluation of Options (Jul 1990)

CONTRACT CLAUSES

Page C-16 Revises FAR Clause 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) Alternate I.

Page C-97 Adds FAR Clauses 52.217-7, Option for Increased Quantity – Separately Priced Line Item (Mar 1989).

MINIMUM WAGE SCHEDULE

Page D-1 through D-12. Updates Davis-Bacon General Wage Decision Number MT170080 dated 01/06/2017 to MT180080 dated 01/05/2018.

SPECIAL CONTRACT REQUIREMENTS

Page E-2 through E-3

• Revises Subsection 102.02 for Clerical Corrections

• Adds Subsection 102.03 Bid Guarantee

• Revises Subsection 102.05A Contract Award

Page E-12 through E-13A

• Revises the title of Table 106-3 to 106-3A, Bid Schedule Pay Factors

• Adds Table 106-3B, Bid Schedule Pay Factors to added page E-13A

Notice to Bidders: Please submit revised pages A-7 through A-9 with your bid.

Amendment No. 000008, dated 02/16/2018 Project No MT DAR 2017(2) Solicitation No. DTFH7017B00030 Project Name 2017 By Mile – Fergus Area

ENCLOSURES

Pages:

A-1 A-6 A-7 through A-9 B-13 C-16 C-97 D-1 through D-12 E-2 through E-3 E-12 through E-13A

Page(s) not included due to Pen and Ink change(s):

A-4

A-1

Notice to Bidders Project: MT DAR 2017(2), 2017 By Mile - Fergus Area

NOTICE TO BIDDERS

7/21/17–FP14

THIS PROJECT IS BEING SOLICITED AND AWARDED UNDER FP-14.

The FP-14 is a new release of FLH’s Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects. Carefully review the entire FP-14 as significant modifications have been made and new requirements added. Additionally, sections from the previous FP version may have shifted or been deleted.

To view the FP-14 electronically go to:

https://flh.fhwa.dot.gov/business/resources/specs/

The FP-14 is a dual unit document with U.S. Customary units being the primary unit shown. Metric equivalents are shown in parenthesis.

When submitting bids, drawings, calculations, and other construction documents, use only U.S. Customary units of measure, unless otherwise stated.

I. Project Location General Location. The project work is located in Fergus and Judith Basin Counties, MT.

Project Limits. Signs have not been erected to identify the project limits. No Government personnel will be available for show-me tours.

II. Pre‐bid Information.

GENERAL AND TECHNICAL QUESTIONS REGARDING PROPOSED WORK FOR

THIS PROJECT WILL BE ACCEPTED UNTIL CLOSE-OF-BUSINESS ON NOVEMBER

6, 2017

Refer to page A-5 for information on how to submit questions related to General Information and Technical Information. Answers to General and Technical Questions will be posted at https://www.fbo.gov/spg/DOT/FHWA/WFL/DTFH7017B00030/listing.html Every attempt to respond to questions will be made. However, response to questions received after the above posted date is not guaranteed.

THIS IS A LUMP SUM PROJECT WITH BASE & BASE PLUS OPTION BID

SCHEDULES. INSERT YOUR PROPOSED TOTAL MILES OF ROADWAY ON THE

BASE BID SCHEDULE AND THE BASE PLUS OPTION BID SCHEDULE ACCORDING

TO SUBSECTION 102.02 PAGE A-7, BID SCHEDULE OF THIS SOLICITATION. Award of the contract will be made according to subsection 102.05A. The apparent successful bidder will be determined by the largest quantity of miles of roadway bid on the BASE PLUS OPTION bid schedule. See Section 670 for a summary of the work requested.

Revised by Amendment 000008

A-6

ESTIMATED PRICE RANGE. The price range of the project work is between $500,000 $1,000,000.00 and $1,000,000. $2,000,000.00.

Continuation SF 1442 MT DAR 2017(2), 2017 By Mile – Fergus Area

A-7

Bid Schedule Project: MT DAR 2017(2), 2017 By Mile – Fergus Area

Bidders please note: The Government wishes to construct as many miles of roadway as possible for the amount of funds available.

See plan sheets D.2-D.8 Road Line Graph for a summary of the work. The work you are bidding begins and ends at MP shown on the Line Graph for each road and progresses toward the end of the project for that road.

Work must be bid in priority order with work on Road E-10 having priority, then Road M-10, then Road N-11, then Road N-10, then Road O-07, then Road O-11. For the miles bid, you will be expected to perform all work noted in the applicable line graph(s) in accordance with the plans and specifications; see Section 670-Project Work.

A-8

Base

Instructions: Insert the number of miles of road construction your firm can perform for the Base amount of $780,000.

You must bid all work for each road in priority before bidding on work for the next road. (e.g.

bid all work in road E-10 before bidding any work on road M-10. Bid all work on road M-10 before bidding any work on road N-11. Bid all work road N-11 before bidding any work on road N-10. Bid all work on road N-10 before bidding any work on road O-07. Bid all work on road O-07 before bidding any work on road O-11.)

Bid: How many miles to 2 decimal places of roadway construction can you perform for the Base amount of $780,000?

1. Road E-10 __________ miles Bidding begins at MP 0.01 (cannot exceed 7.57 miles

2. Road M-10 __________ miles Bidding begins at MP 0.08 (cannot exceed 11.35 miles)

3. Road N-11 __________ miles Bidding begins at MP 8.96 (cannot exceed 8.96 miles)

4. Road N-10 __________ miles Bidding begins at MP 1.65 (cannot exceed 1.65 miles)

5. Road O-07 __________ miles Bidding begins at MP 0.00 (cannot exceed 7.93 miles)

6. Road O-11 __________ miles Bidding begins at MP 0.00 (cannot exceed 6.87 miles)

Base Total __________ miles

Submitted by:_________________________________________

A-9

Project: MT DAR 2017(2), 2017 By Mile – Fergus Area

Base Plus Option Bid Schedule

Instructions: Insert the number of miles of road construction your firm can perform for the Base Plus Option amount of $1,412,957.47.

You must bid all work for each road in priority before bidding on work for the next road. (e.g.

bid all work in road E-10 before bidding any work on road M-10. Bid all work on road M-10 before bidding any work on road N-11. Bid all work road N-11 before bidding any work on road N-10. Bid all work on road N-10 before bidding any work on road O-07. Bid all work on road O-07 before bidding any work on road O-11.)

Bid: How many miles to 2 decimal places of roadway construction can you perform for the Base Plus Option amount of $1,412,957.47?

1. Road E-10 __________ miles Bidding begins at MP 0.01 (cannot exceed 7.57 miles

2. Road M-10 __________ miles Bidding begins at MP 0.08 (cannot exceed 11.35 miles)

3. Road N-11 __________ miles Bidding begins at MP 8.96 (cannot exceed 8.96 miles)

4. Road N-10 __________ miles Bidding begins at MP 1.65 (cannot exceed 1.65 miles)

5. Road O-07 __________ miles Bidding begins at MP 0.00 (cannot exceed 7.93 miles)

6. Road O-11 __________ miles Bidding begins at MP 0.00 (cannot exceed 6.87 miles)

Base Plus Option Total __________ miles

Submitted by:_________________________________________

The successful bidder will be based on the largest quantity of miles bid for the Base Plus Option schedule, according to Subsection 102.05A.

Solicitation Provisions

B-13

52.214-35 Submission of Offers in U.S. Currency (Apr 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S. dollars shall be rejected.

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a firm fixed-price contract resulting from this solicitation.

52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (May 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

52.233-2 Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Contracting Officer, Contracts Section, Federal Highway Administration, 610 East Fifth Street, Vancouver, WA 98661-3801.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 Site Visit (Construction) (Feb 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation.

Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

There will be no government arranged site visits. The site is readily available for inspection. Prospective offerors are encouraged to make their own arrangements to inspect the site.

52.217-5 Evaluation of Options (Jul 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

C-16

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes wither an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) Alternate I (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 1, 2018 subject to such extensions as may be authorized; this date will not be extended if Base Plus Option is Awarded. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by January 23, 2018. The completion date will be extended by the number of calendar days after the above date that the contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

52.211-12 Liquidated Damages—Construction (Sep 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the

Contractor shall pay liquidated damages to the Government in the amount of: See Special Contract Requirements, Subsection 108.04.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.214-26 Audit and Records – Sealed Bidding (Oct 2010)

(a) As used in this clause, “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Certified cost or pricing data. If the Contractor has been required to submit certified cost or pricing data in connection with the pricing of any modification to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy completeness, and currency of the certified cost or pricing data, shall have the right to examine and audit all of the Contractor’s records, including computations and projections, related to—

(1) The proposal for the modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the modification; or

(4) Performance of the modification.

(c) Comptroller General. In the case of pricing any modification, the Comptroller General of the United States, or an authorized representative, shall have the same rights as specified in paragraph (b) of this clause and also the right to interview any current employees regarding such transactions.

Contract Clauses

C-97

a. Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.1502 and TAM 1242.1502. The final performance evaluations will be prepared at the time of completion of work.

b. The Contractor can elect to review the evaluation and submit additional information or provide a rebuttal statement. The contractor will be permitted 60 calendar days to respond from the date of receipt of the evaluation. Contractor response is voluntary. If the contractor does not respond within 60 days, the Government will presume that the Contractor has no comment. Any disagreement between the parties regarding an evaluation will be referred to an individual at a level above the Contracting Officer, whose decision is final.

c. Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

The Federal Highway Administration utilizes the Contractor Performance Assessment Reporting System (CPARS) to record and maintain past performance information. CPARS hosts a suite of web-enabled applications that are used to document contractor performance information that is required by Federal Regulations. The CPARS module assesses performance on contracts for Systems, Services, Information Technology, and Operations Support; Architect-Engineer contracts; and Construction contracts.

Reference material can be accessed in CPARS.

The registration process requires the Contractor to identify an individual that will serve as a primary contact. This individual will be authorized access to the evaluation for review and comment. In addition, the Contractor is encouraged to identify a secondary contact in the event the primary contact is unavailable to process the evaluation within the required 60 day time period. After the FHWA Focal Point registers the contract in CPARS, the contractor representative will receive a system generated email notifying him/her that the contract is registered. A system generated email will also provide the Contractor with a User ID if the person does not already have a CPARS User ID.

After a performance evaluation has been prepared and is ready for comment, the Contractor representative will receive a system generated email notification that the performance evaluation is electronically available for review and comment. The Contractor representative will receive an automated email whenever an assessment is completed and can subsequently retrieve the completed assessment from

CPARS.

Contractors may access evaluations in CPARS for review and comment.

52.217-7 -- Option for Increased Quantity -- Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor by May 15, 2018. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

Contract Clauses

D - 1

General Wage Decision

General Decision Number: MT180080 01/05/2018 MT80

Superseded General Decision Number: MT20170080

State: Montana

Construction Type: Highway

Counties: Montana Statewide.

HIGHWAY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 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, 2015.

If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 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 calendar year 2018. The EO minimum wage rate will be adjusted annually.

Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/05/2018

* SUMT2014-001 02/19/2014

Rates Fringes

CARPENTER

Carpenter/Piledriverman.....$ 25.21 10.82 Millwright..................$ 27.78 10.82 Zone 1: 0 to 25 miles - Free

Zone 2: 25 to 50 miles - Base Pay +$3.00

Zone 3: Over 50 miles - Base Pay +$4.80

The Carpenter zone hourly rate applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the County Courthouse of the following cities to the center of the job:

D - 2

Billings, Bozeman, Butte, Great Falls, Helena, Missoula, Kalispell

The agency shall calculate the mileage and include it in the special provisions of the bid documents and awarded contract

CEMENT MASON/CONCRETE FINISHER...$ 23.87 9.80

Zone 1: 0 to 25 miles - Free

Zone 2: 25 to 50 miles - Base + $2.50

Zone 3: Over 50 miles -Base + $3.00

The Cement Mason/Concrete Finisher zone hourly rate applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the County Courthouse of the following cities to the center of the job:

Billings, Bozeman, Butte, Great Falls, Helena, Missoula, Kalispell

ELECTRICIAN (LINE

CONSTRUCTION)

Equipment Operator..........$ 30.12 12.71 Groundman...................$ 24.30 11.99 Lineman.....................$ 40.63 13.78

TRAVEL PAY:

$30.00 day - From the County Courthouse of the following cities: Billings, Bozeman, Butte, Great Falls, Helena, Kalispell and Missoula

$60.00 day - All other areas

ELECTRICIAN

Area 1

D - 3

Beaverhead, Deer Lodge, Granite, Jefferson, Madison, Silver Bow and Powell Counties............$ 27.60 12.98 Area 2 Big Horn, Carbon, Carter, Custer, Dawson, Fallon, Garfield, Golden Valley, Musselshell, Powder River, Prairie, Rosebud, Stillwater, Treasure, Wibaux and Yellowstone Counties...................$ 30.73 12.54 Area 3 Blaine, Cascade, Chouteau, Daniels, Fergus, Glacier, Hill, Judith Basin, Liberty, McCone, Petroleum, Pondera, Phillips, Richland, Roosevelt, Sheridan, Teton, Toole, Valley and Wheatland Counties...................$ 30.73 12.54 Area 4 Broadwater, Lewis and Clark and Meagher Counties.$ 29.06 11.36 Area 5 Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli and Sanders Counties...................$ 27.02 12.59 Area 6 Gallatin, Park and Sweet Grass Counties.............$ 27.68 11.84

TRAVEL PAY:

0 to 10 miles - Free

10-50 miles - Federal mileage both ways/day

Over 50 miles - $75.00 per day

The Electrician zone hourly rate applicable to each project

Billings, Bozeman, Butte, Great Falls, Kalispell, Missoula

D - 4

IRONWORKER

Flathead, Glacier, Lake, Lincoln, Mineral, Missoula, Ravalli and Sanders County..............$ 25.90 19.98 Remaining Counties..........$ 26.00 19.08

TRAVEL PAY:

0 to 45 miles - Free

45-85 miles - $45.00 per day

Over 85 miles - $75.00 per day

The Ironworker zone hourly rate applicable to each project

Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, Missoula

LABORER

Group 1.....................$ 18.90 8.05 Group 2.....................$ 21.97 8.05 Group 3.....................$ 22.19 8.05 Group 4.....................$ 23.18 8.05 GROUP 1: Flag Person

GROUP 2: All General Labor work; Burning Bar; Bucket Man;

Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker;

Curb Machine-Lay Down; Crusher and Batch Plant Worker; Fence Erector; Form Setter; Form Stripper; Heater Tender;

Landscaper; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sealants for Concrete and other materials; Sign Erection, Guard Rail and Jersey Rail;

Stake Jumper; Spike Driver; Signalman; Tail Hoseman; Tool Checker and Houseman; Traffic Control Worker

D - 5

GROUP 3: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman;

Jackhammer (Pavement Breaker); Laser

Equipment; Non-riding Rollers; Pipelayer; Posthole Digger (power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod- Cutter-power; Tampers

GROUP 4: Asphalt Raker; Cutting Torch; Grade Setter; High- Scaler; Power Saws (Faller & Concrete); Powderman ($1.00 per hour above Group 4 rate); Rock & Core Drill; Track or Truck Mounted Wagon Drill; Welder including Air Arc

LABORERS ZONE PAY:

The hourly wage rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the County Court House of the following cities only to the center of the job:

BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HELENA, KALISPELL,

MISSOULA

ZONE 1: 0 to 25 miles - Free

ZONE 2: 25 to 50 miles - Base Pay +$2.50

ZONE 3: Over 50 miles - Base Pay +$3.00

PAINTER (Pavement Marking/Milling and related work. Includes operating marking and all other equipment and all work involved in application of pavement markings including epoxies, paints, tape, D - 6 buttons, thermo-plastics and any other products applied for traffic marking purposes and for directing and regulating traffic and cutting rumble strips)...........$ 27.00 9.30

POWER EQUIPMENT OPERATOR:

Group 1.....................$ 24.02 9.90 Group 2.....................$ 26.05 9.90 Group 3.....................$ 26.91 9.90 Group 4.....................$ 27.60 9.90 Group 5.....................$ 28.94 9.90 Group 6.....................$ 29.63 9.90 Group 7.....................$ 31.73 9.90 GROUP 1: Air Compressor; Auto Fine Graders; Belt Finishing Machine; Boring Machine (small); Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front End Loader Under 1 CU Yard; Heavy Duty Drills; Herman Nelson Heater;

Mulching Machine; Oiler, All Except Cranes & Shovels; Pumpman

GROUP 2: Air Doctor; Backhoe/Excavator/Shovel to and including 3 CU Yard; Bit Grinder; Bituminous Paving Travel Plant; Boring Machine Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher;

Concrete Finish Machine; Concrete Conveyor; Distributor;

Dozer; Rubber-Tired, Push & Side Boom; Elevating Grader/Gradall; Field Equipment Serviceman; Front End Loader 1 CU Yard to including 5 CU Yard; Grade Setter; Heavy Duty Drills, All Types;

Hoist/Tugger, All; Hydralift & Similar; Industrial Locomotive;

Motor Patrol, Except Finish; Mountain Skidder; Oiler - Cranes & Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled;

Pugmill; Pumpcrete/Grout Machine; Punch Truck; Roller, Other Than Asphalt; Roller, Sheepsfoot, Self-Propelled; Roller, 25 Tons and Over; Ross Carrier; Rotomill Under 6 Ft; Trenching Machine; Washing/Screening Plant

GROUP 3: Asphalt Paving Machine; Asphalt Screed;

Backhoe/Excavator/Shovel Over 3 CU Yard; Cableway Highline;

Concrete Batch Plant; Concrete Curing Machine; Concrete Pump;

Cranes; Creter; Cranes, Electric Overhead; Cranes 24 Tons and Under; Curb Machine/Slip Form Paver; Finish Dozer; Front End Loader Over 5 CU Yard; Mechanic/Welder; Pioneer Dozer; Roller

D - 7

Asphalt (Breakdown & Finish); Rotomill, Over 6 FT; Scraper, Single, Twin or Pulling Belly Dump; Yo-Yo Cat

GROUP 4: Asphalt/Hot Plant Operator, Cranes, 25 Tons to 44 Tons; Crusher Operator; Finish Motor Patrol; Finish Scraper

GROUP 5: Cranes, 45 Tons To Including 74 Tons

GROUP 6: Cranes, 75 Tons To Including 149 Tons; Crane, Whirley (All)

GROUP 7: Cranes, 150 Tons To Including 250 Tons (Add $ 1.00 For Every 100 Tons Over 250 Tons; Crane, Tower (All)

POWER EQUIPMENT OPERATOR ZONE PAY:

practical maintained route from the County Court House of the following cities only to the center of the job:

TRUCK DRIVER

Group 1.....................$ 20.39 9.16 Group 2.....................$ 26.06 9.16 GROUP 1: Pilot Car

D - 8

GROUP 2: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and Similar Equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom;

Serviceman; Service Truck/Fuel Truck/ Tireperson; Truck Mechanic; Trucks With Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks

TRUCK DRIVER ZONE PAY:

practical maintained route from the County Court House of the following cities only to the center of the job:

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

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

D - 9 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 www.dol.gov/whd/govcontracts.

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) (ii)).

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

D - 10 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 Regional Office for the area in which the survey was conducted because those Regional Offices have 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

D - 11

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

D - 12

RESERVED

E-2 DIVISION 100

Special Contract Requirements Project: MT DAR 2017(2), 2017 By Mile - Fergus Area

Section 102. — BID, AWARD, AND

EXECUTION OF CONTRACT

7/21/17– FP-14

102.02 Preparation of Bids. Delete the text of this Subsection and substitute the following:

Follow the requirements of FAR Clause 52.214-18 Preparation of Bids — Construction.

Execute and submit all required standard forms, bid schedules, and solicitation provisions contained in the solicitation as part of the bid.

Complete SF 1442, Solicitation, Offer, and Award, and sign as follows:

(a) Individuals. Sign your individual signature. For individuals doing business as a firm, follow the individual signature with the individual's typed, stamped, or printed name and the words, “an individual doing business as (name of firm).”

(b) Partnerships. Submit a list of all partners having authority to bind the partnership. One of the listed partners must sign on behalf of the partnership.

(c) Corporations. Sign in the corporate name, followed by the word “by” and the signature and title of the person authorized to sign. Submit evidence from the corporation that the person signing has authority to bind the corporation.

(d) Joint ventures. Submit a copy of the Joint Venture agreement. Sign the SF 1442 according to the Joint Venture agreement.

(e) Limited liability company. Sign in the company name, followed by the word “by” and the signature of the person authorized to sign. Submit evidence that the individual executing the document has authority to bind the company.

(f) Agents. When an agent signs, other than as stated in (a) through (e) above, furnish satisfactory evidence that the agent has authority to bind the bidder.

Insert a lump sum bid amount in Block 17 of the SF 1442, Solicitation, Offer and Award (see page A-4).

102.03 Bid Guarantee. Add the following to paragraph (a) General:

Submit a guarantee in the amount of $282,591.50.

102.05A Contract Award. (Added Subsection).

Follow the requirements of FAR Provision 52.214-19, Contract Award – Sealed Bidding – Construction.

E-3 DIVISION 100

This contract contains options for additional work. Acceptable bids must include a quantity for the Base bid schedule, and the Base Plus Option bid schedule. Any exercise of the Option will be made any time from contact award date through the date specified in FAR Clause 52.217-7.

(Clauses begin on page C-1).

The Government wishes to complete as much work as possible. The Government will award the project to the responsible bidder who can complete the most miles of roadway for $780.000.00 $1,412,957.47 as bid on the Base Plus Option bid schedule. The successful bidder will be awarded all work bid under the Base bid schedule. The contract amount will be $780,000. If the Government exercises the Option, the contract amount will be increased to $1,412,957.47.

The priority for roads is the work on E-10 Road, then M-10 Road, then N-11 Road, then N-10 Road, then O-07 Road, and then O-11 Road.

All of E-10 Road must be complete prior to any work on M-10 Road, all of M-10 Road must be complete prior to any work on N-11 Road, all of N-11 Road must be complete prior to any work on N-10 Road, all of N-10 Road must be complete prior to any work on O-07 Road, and all of O- 07 Road must be complete prior to any work on O-11 Road. Work must progress from the beginning MP shown on the plans toward the end of the road with no breaks for E-10, M-10, O- 07, and O-11 Roads. Work must progress from the ending MP shown on the plans toward the beginning of the road with no breaks for N-11 and N-10 Roads.

If funding becomes available, the government may award additional work shown in the plans under a contract modification.

102.06 Performance and Payment Bonds. Add the following:

Bond premiums will be reimbursed according to FAR Clause 52.232-5 Payments under Fixed- Price Construction Contracts, after receipt of evidence of payment.

Revised by Amendment 000008

Project: MT DAR 2017(2), 2017 By Mile - Fergus Area

E-12 DIVISION 100

Project: MT DAR 2017(2), 2017 By Mile - Fergus Area

106.02 Visual Inspection. Delete the text of this Subsection and substitute the following:

Acceptance is based on visual inspection of the work for compliance with the specific contract requirements. Use prevailing industry standards in the absence of specific contract requirements or tolerances.

106.03 Certification. Add the following after the second paragraph:

Obtain required certifications and maintain records of all required certifications according to Subsections 103.04, 153.04, and 155.07.

Submit a completed Form WFLHD 87 Certification of Compliance with each material requiring a certification. An electronic version may be found at:

https://flh.fhwa.dot.gov/resources/construction/forms/wfl/.

Submit all certifications to the CO unless otherwise specified in the Section ordering the work.

106.05 Statistical Evaluation of Work and Determination of Pay Factor. Amend as follows:

Delete the fourth paragraph of (a).

Delete the text of (a)(2) and substitute the following:

The frequency of sampling is listed in the Acceptance Subsection of each Section. The frequency rate shown normally results in a minimum of 5 samples. The minimum required to perform a statistical evaluation is 3. The maximum obtainable pay factor is 1.00.

Delete the last sentence of paragraph (d)(2) and substitute the following:

The maximum obtainable pay factor is 1.00.

Delete the last sentence of paragraph (d)(3)(a) and substitute the following:

The maximum obtainable pay factor is 1.00.

Delete the text of (d)(5) and substitute the following:

Adjusted payment for material in a lot will be made at a price determined by the final pay factor and the coinciding payment adjustment as shown in Table 106-3A or Table 106- 3B, as appropriate for the bid schedule that is awarded. The final pay factor is the weighted average, by constructed length, of all lot pay factors. The following equation will be used to calculate the final pay factor:

E-13 DIVISION 100

Project: MT DAR 2017(2), 2017 By Mile - Fergus Area

PF =

Where:

PF = Final pay factor PFx = Lot “x” pay factor as determined under steps (c) and (d)(1) through (d)(4) L= Total project length Lx = Length constructed with lot “x” material, measured to the nearest 0.01 mile

Add the following:

Table 106-3A – Base Bid Schedule Pay Factors

Lot Pay Factor Payment Adjustment

1.00 $0

0.99 -$3,800

0.98 -$7,600

0.97 -$11,400

0.96 -$15,200

0.95 -$19,000

0.94 -$22,800

0.93 -$26,600

0.92 -$30,400

0.91 -$34,200

0.90 -$38,000

0.89 -$41,800

0.88 -$45,600

0.87 -$49,400

0.86 -$53,200

0.85 -$57,000

0.84 -$60,800

0.83 -$64,600

0.82 -$68,400

0.81 -$72,200

0.80 -$76,000

0.79 -$79,800

0.78 -$83,600

0.77 -$87,400

0.76 -$91,200

0.75 -$95,000

E-14

Project: MT DAR 2017(2), 2017 By Mile - Fergus Area

Table 106-3B – Base Plus Option Bid Schedule Pay

Factors

Lot Pay Factor Payment Adjustment

1.00 $0

0.99 -$6,000

0.98 -$12,000

0.97 -$18,000

0.96 -$24,000

0.95 -$30,000

0.94 -$36,000

0.93 -$42,000

0.92 -$48,000

0.91 -$54,000

0.90 -$60,000

0.89 -$66,000

0.88 -$72,000

0.87 -$78,000

0.86 -$84,000

0.85 -$90,000

0.84 -$96,000

0.83 -$102,000

0.82 -$108,000

0.81 -$114,000

0.80 -$120,000

0.79 -$126,000

0.78 -$132,000

0.77 -$138,000

0.76 -$144,000

0.75 -$150,000