Fargo 46 Domestic Water line Solicitation Trade Offs.pdf
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GSA Solicitation No. 47PJ0022R0001
Simplified Acquisition Construction Contract for the replacement of a domestic water line at the Fargo FB/PO.
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 an Possession Prior to Substantial Completion J. Finality of Contract Modifications K. Liquidated Damages L. Insurance Requirements M. Administrative Matters N. Bonds O. Safeguarding Sensitive Data and Information Technology Resources
IV. Contract Clauses
A. Clauses Incorporated in Full Text
1. FAR 52.222-99 Establishing a Minimum Wage for Contractor (JUL
2014) (DEVIATION)
2. FAR 52.223-2 Affirmative Procurement of Biobased Products Under
Service and Construction Contracts (SEPT 2013)
3. FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 08)
4. FAR 52.225-9 Buy American—Construction Materials (MAY 2014)
5. FAR 52.228-13 Alternative Payment Protections (July 2000)
6. GSAR 552.204-9 Personal Identity Verification Requirements (JUL 2020)
7. GSAR 552.252-6 Authorized Deviations in Clauses (Deviation FAR
52.252-6) (SEP 99)
8. FAR 52.204-25, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment
(AUG 2020)
9. FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEVIATION APR 2020)
10. FAR 52.228-11, Pledges of Assets (DEVIATION APR 2020)
11. FAR 52.219-14, Limitations on Subcontracting (DEVIATION 2020-19)
12. Additional Clauses
i. FAR 52.222-30, Construction Wage Rate Requirements-Price
Adjustment (None or Separately Specified Method) (Aug 2018)
13. FAR 52.223-99, Ensuring Adequate COVID-19 Safety Protocols for
Federal Contractors (OCT 2021) (DEVIATION)
B. Clauses Incorporated by Reference
I. Project Information
I.A. Project Summary
Replace domestic water line at the Fargo FB/PO..
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 15 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 work
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:
Contracting Officer’s Information
Name: Cody Lee
Address: 657 2nd Ave N Fargo, ND 58102
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 GSAR 552.211-12, Liquidated Damages – Construction, in Section IV of this Agreement, liquidated damages shall be calculated at the rate of $ 0 per calendar day.
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. 47PJ0022R0001, Dated 10/18/21
(2) Construction Drawings for GSA Solicitation No. 47PJ0022R0001
(3) Wage Determination ND20210013, Dated 09/24/21
CONSTRUCTION SCOPE OF WORK
U.S. GENERAL SERVICES ADMINISTRATION, ROCKY MOUNTAIN REGION 8
Date: 10/18/2021
Revision: N/A Section 1: Project Title
Domestic Water Line Replacement
Section 2: Project Location, Building Name, & Building Number
Fargo Federal Building / U.S. Post Office 657 2nd Ave N Fargo, ND 58102 Building Number: ND0046ZZ
Section 3: Contact List
Contracting Officer (CO)
Name: Cody Lee
Email: cody.lee@gsa.gov
Address: 657 2nd Ave N Room 244
Fargo, ND 58102
Phone (O): 701-566-6124
Property Manager
Name: Travis Mart
Email: travis.mart@gsa.gov
Address: 657 2nd Ave N Room 244
Fargo, ND 58102
Phone (O): 701-566-6126
Phone (C): 701-561-2526
Project Manager
Name: Paul Romero
Email: paul.romero@gsa.gov
Address: 657 2nd Ave N Room 244
Fargo, ND 58102
Phone (C): 701-781-9868
Section 4: Project Background & Project Description GSA is initiating a project to replace a substantial portion of the building’s interior water main supply lines. GSA has determined that the water supply lines may be experiencing flow loss due to build up within the pipes. Some of the larger 4“water lines are iron ductile that will be replaced with copper tubing. The contractor shall remove specified domestic cold water (CW) main supply lines and replace CW mains with copper lines, valves, fittings, and system components and reinsulate and label all domestic water systems in areas noted. The approximate quantity of pipe to be replaced is 62 LF of 4” domestic cold water (CW) pipe and reinsulate the same as well as install an additional 40’ of 1” pipe insulation. There are some asbestoses containing materials in the pipe insulation located in the wall cavity at each floor that will require remediation.
Section 5: Project Objectives The contractor shall provide labor, materials, equipment and supervision necessary to perform:
1) A staging area will be determined by mutual agreement after contract award.
2) The contractor shall be licensed with the City of Fargo to work on water plumbing lines.
3) The Contractor shall be responsible for all materials, installation and supervision required to complete this project.
4) 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.
5) No asbestos or lead containing materials shall be used.
6) The Contractor is responsible for locating all utilities in project area, both public and private. GSA will make any existing drawing available for reference purposes only, actual locate is still contractor’s responsibility.
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 on a daily basis.
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) 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.
11) The CO has the right to reject any unsatisfactory or unsuitable material or workmanship
12) Interior Water Main Replacement shall be with copper, sizes as indicated on the Drawings. All valves shall be ball type. Pro-press fittings are permitted with proof of operator/installer training and certification in proper installation of products. All materials & methods shall be fully compliant with most current version of International Plumbing Code and 2018 GSA P100 “Facilities Standards for the Public Buildings Service”
13) Portions of Hard deck or Lay-In ceilings and walls need to be removed to access the pipe. No walls or flooring shall be removed without the approval of the building manager. Refer to drawings
14) Other ceiling mounted devices shall be reinstalled in current locations.
15) In addition to the P100 requirements, all new copper plumbing components to be provided including pipes, fittings, fixtures, solder and flux shall meet the definition of "lead free" pursuant with Section 1417 of the Federal Safe Drinking Water Act.
16) To ensure that where there is any transition of dissimilar metals (e.g. galvanized steel to copper) in the plumbing system that dielectric unions shall be installed prevent galvanic corrosion.
17) Replace existing 6” ductile iron fire service water main under sidewalk into building, from at least point of connection to sleeve at existing 6” PVC water main. New service pipe shall be 6” gasketed SDR 26 pressure pipe or better.
18) Interior Domestic Cold Water piping shall be replaced in locations indicated on drawings. All systems shall be reinsulated with new materials and labeled.
19) Flush and disinfect system after work is completed. Flushing and disinfection shall comply with GSA Desk Guide for Drinking Water Quality Management in accordance with GSA Order PBS 1000.7 attached to this solicitation as an exhibit. Coordinate this effort with the Property Manager.
20) All new interior valves shall be ball type fittings.
21) Asbestos Abatement is required for TSI Fittings in the wall cavity areas on each floor. A copy of the most current asbestos report will be provided.
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.
b) Review existing conditions of the project area including any field verification.
c) Review the solicitation/evaluation requirements.
d) Contact the Project manager to arrange a site visit.
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
● 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
SAFETY & HEALTH
A. Safety and Health Program B. Asbestos (Pre-Alteration Assessments) C. Lead Containing Paint / Lead Based Paint D. Fire & Life Safety E. Accessibility (ABAAS) F. Construction Indoor Air Quality (IAQ) Management Plan
ENERGY, SUSTAINABILITY & ENVIRONMENTAL
G. Sustainable Purchasing H. Construction Waste Diversion I. Site Work (Stormwater/Erosion, Soil Disturbance, and Utility Locates) J. Rebates K. Water Treatment for Building Mechanical Systems L. Water-Efficient & Pollinator-Friendly Landscaping
M. NEPA
BUILDING SYSTEMS INTEGRATION
N. Commissioning (Cx)
O. GSA IT Network P. Building Automation Systems (BAS) Q. Advanced Metering System (AMS) R. Building Information Modelling (BIM) S. National Computerized Maintenance Management System (NCMMS)
DESIGN ELEMENTS
T. Historical Preservation U. Energy Design V. Electrical Design W. Lighting Design X. Mechanical Design & Fuel Storage Y. Seismic Safety Design Z. Physical Security Performance Attributes
Abatement – See Pre-Alteration Asbestos Inspection Report
a) The contractor shall assume full responsibility and liability for compliance with all applicable Federal, State, and local regulations pertaining to the protection of workers, visitors to the site, and persons occupying areas adjacent to the site to include but not limited to:
1) U.S. Environmental Protection Agency (EPA) national Emission Standards for Hazardous Air Pollutants (NESHAP) 40 CFR 61 Subpart M
2) EPA Asbestos Hazard Emergency Response Act (AHERA)
40CFR 763
3) 29 CFR 1910.1001, Occupational Safety and Health Administration (OSHA), Asbestos in General Industry
4) 29 CFR 1910.134, OSHA Respiratory Protection Standard
5) 29 CFR 1926.1101, OSHA, Asbestos in Construction Standard
6) North Dakota Administrative Code Chapter 33-15-13 Emission
Standards for Hazardous Air Pollutants
7) North Dakota Century Code Chapter 23-25 Air Pollution Control
b) The contractor is responsible for providing medical records of personnel as required by the applicable federal state and local regulations, and shall hold the government harmless for failure to comply with any applicable safety or health regulations on the part of himself, his employees, or contractors.
c) Contractor shall coordinate project schedule with the third-party consultant responsible for clearance air monitoring and project surveillance. This consultant will be under separate contract to the Government.
d) The contractor shall be responsible for obtaining all necessary local, state, and federal permits and licenses and payment of related fees.
e) The contractor shall be a firm of established reputation (or if newly organized, whose personnel have previously established a reputation in the same field), which is regularly engaged in, and which maintains a regular force of workmen skilled in asbestos abatement, and shall have performed this work on previous projects. All workers shall be certified as and if required by North Dakota Department of Environmental Quality. Contractor shall submit all permits and forms as required by the NDDEQ.
f) Abatement Work Practices and Control Requirements:
1) All asbestos disturbing and asbestos abatement activities shall follow all applicable OSHA, NDDEQ and EPA requirements for removal of ACM based on the specific type of work being performed.
2) Project to occur during off hours. Contractor shall coordination abatement activities with the GSA Building Manager.
3) The air handling system in the work area shall be shut-down and isolated to prevent the distribution of asbestos fibers into other areas. The Contractor shall be responsible to confirm the air handling system is off.
4) Negative air machine (NAM) exhaust shall be exhausted to the exterior of the building.
5) No variances or alternative procedures from OSHA, EPA, or NDDEQ shall be allowed unless approved by GSA prior to the commencement of abatement activities. Written agency approval of any variance or alternative work procedures shall be provided to
GSA.
g) Abatement Specific Pre-Abatement Submittals Prior to the commencement of asbestos abatement actions the Contractor shall provide the following documentation to GSA for review and approval.
1) A written method of procedure (MOP) describing types, quantities and locations of asbestos to be removed; specific controls and work methods to be utilized; phasing; disposal, etc.
2) Copy of 10-day notification and/or permit to the appropriate authorities (e.g. EPA, CDPHE, local fire department, etc.). If notification and/or permit are not required the Contractor shall state why.
h) Asbestos- Containing Waste Material Disposal Requirements:
1) Asbestos-containing waste material shall be properly packaged, labeled, manifested, and transported.
2) Asbestos waste handling, bagging, and labeling shall meet all applicable regulatory requirements including but not limited to 29 CFR 1926.1101(k)(8)(i), 29 CFR 1926.1101(l)(2), and 40 CFR 61.150(a).
3) Transportation and disposal of friable asbestos-containing waste material shall be conducted in accordance with all applicable requirements including but limited to NDAC 33-15-13 Subsection 11, 40 CFR 61.150, and 49 CFR Parts 171 & 172.
i) Asbestos Abatement Specific Completion Submittals Upon completion of abatement activities, the Contractor shall provide the following documentation in a closure report:
1) A brief written statement by the GAC on their company letterhead describing the dates, location, and quantities of asbestos containing material abated, controls and work methods that were used, waste bagging and handling, and name and address of disposal facility.
2) Copy of 10-day notification and/or permit to the appropriate authorities (e.g. EPA, CDPHE, local fire department, etc.). If notification and/or permit are not required the abatement contractor shall state why.
3) Copies of the firm’s state asbestos firm licenses.
4) Copies of current certification and/or licenses for all asbestos supervisors and workers working onsite.
5) OSHA-required respirator fit testing and medical clearance documentation for each person entering the regulated area.
6) Copies of personal air monitoring data or supporting Negative Exposure Assessment (NEA).
7) Legible copies of all daily logs.
8) Legible copies of the final signed waste manifests or other shipping documentation.
j) Coordinate project activities with GSA Property Manager. Contractor shall take care to prevent unwanted activation of the fire alarm system (dust control or similar).
k) Fire sprinkler heads and smoke detectors shall be properly isolated, clean and free of debris, paint or dust. Contractor shall be responsible for the cleaning of smoke detectors in the project area that become dirty (internally and externally). Contractor shall be responsible for cleaning any fire sprinkler head in the project area that becomes dirty from dust or other debris.
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) Manufacturer's specifications, instructions and material specification sheets in original form
4) 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 0 hard copies of submittals and 1 electronic copies 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.
b) Submittals After Award:
i. Valves, Couplers Fittings
ii. All replacement Piping
iii. Insulation
5) 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.
6) 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 7:00 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.
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) Sanitary Facilities Contractor will be able to use bathroom facilities in the building.
6) 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.
7) Contractor’s Field Office The contractor may provide an office for their own use. Size, location, and construction shall be subject to approval.
8) Fire Watch Contractor shall be responsible for providing fire watch if required per attached GSA fire watch guidelines.
9) 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.
10) 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.
11) 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.
12) 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.
13) 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.
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) 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.
Section 12: Payments
1) Information regarding payment requests and payment is in the solicitation/ contract. Please contact the CO if you have any questions regarding payments.
http://fedidcard.gov/
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 blue print. 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: Attachments
1) Universal Scope requirements
2) Badging & Security requirements (Vendor Fitness Determination & Training
Manual)
3) Photos
Cavity area each floor between restrooms showing 4” pipe to be replaced. ACM
Insulation to be remediated and new insulation installed.
Ceiling in Mezzanine showing 4” pipe to be replaced
"General Decision Number: ND20210013 09/24/2021
Superseded General Decision Number: ND20200013
State: North Dakota
Construction Type: Building
County: Cass County in North Dakota.
BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 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 $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year
2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the
Davis-Bacon Related Acts, including those set forth at 29
CFR
5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/01/2021
1 01/22/2021
2 02/12/2021
3 04/23/2021
4 05/14/2021
5 07/30/2021
6 09/24/2021
* BOIL0647-006 01/01/2021
Rates Fringes
BOILERMAKER......................$ 40.94 28.44
BRND0001-002 05/01/2018
BRICKLAYER.......................$ 33.68 13.42
ELEC1426-004 06/01/2021
ELECTRICIAN (Excludes Low
Voltage Wiring)..................$ 33.04 11.5%+$11.98
IRON0512-006 05/03/2021
IRONWORKER, STRUCTURAL...........$ 34.30 31.80
* PLAS0633-001 05/01/2021
CEMENT MASON/CONCRETE FINISHER...$ 33.88 16.87
PLUM0300-016 06/07/2021
PIPEFITTER.......................$ 38.19 17.42
PLUMBER..........................$ 38.19 17.42
SFND0669-002 04/01/2021
SPRINKLER FITTER (Fire
Sprinklers)......................$ 35.24 21.31
SHEE9010-002 06/03/2019
SHEET METAL WORKER (HVAC Duct
Installation Only)...............$ 30.65 17.60
SUND2012-002 08/18/2014
CARPENTER (Drywall
Finishing/Taping Only)...........$ 21.22 7.11
CARPENTER, Excludes Drywall
Finishing/Taping, Drywall
Hanging, and Metal Stud
Installation.....................$ 19.24 4.89
DRYWALL HANGER AND METAL STUD
INSTALLER........................$ 21.36 0.00
ELECTRICIAN (Low Voltage
Wiring Only).....................$ 21.14 5.73
INSULATOR - MECHANICAL
(Duct, Pipe & Mechanical
System Insulation)...............$ 15.80 2.60
LABORER: Common or General......$ 13.05 2.92
LABORER: Mason Tender - Brick...$ 15.32 0.00
LABORER: Mason Tender -
Cement/Concrete..................$ 14.54 3.41
OPERATOR:
Backhoe/Excavator/Trackhoe.......$ 26.00 3.82
OPERATOR: Crane.................$ 26.18 9.39
OPERATOR: Forklift..............$ 23.06 15.47
OPERATOR: Loader................$ 23.75 0.00
PAINTER (Brush and Roller).......$ 21.86 8.41
ROOFER...........................$ 16.37 2.84
SHEET METAL WORKER, Excludes
HVAC Duct Installation...........$ 27.27 7.76
TRUCK DRIVER: Dump Truck........$ 19.81 5.42
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 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.
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, 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
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
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
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 SF 1442 and attach price breakdown of offer on separate document.
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 # calendar days [CO Note: Include appropriate time frame] 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, GSA Form 184 (associated 184A and 184B as necessary) 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, completeness, compliance with Contract requirements, and coordination between different trades and subcontractors. The Contractor shall indicate its approval on all submittals as evidence of such review and coordination. Submittals submitted to the Contracting Officer without evidence of the Contractor’s approval may be rejected without further review.
(3) The Contractor shall not proceed with work or procure products or materials described or shown in submittals until the Contracting Officer has indicated approval of the submittal. If the Contracting Officer disapproves of a submittal, the Contractor shall be entitled to an explanation of the reasons for disapproval.
Any work or activity undertaken prior to approval shall be at the Contractor’s risk; should the Contracting Officer subsequently determine that the work or activity does not comply with the Contract, the Contractor shall be responsible for all cost and time required to comply with the Contracting Officer's determination. The Contracting Officer shall have the right to order the Contractor to cease execution of work for which submittals have not been approved. The Government shall not be liable for any cost or delay incurred by the Contractor attributable to the proper exercise of this right.
(4) Approval by the Contracting Officer of any submittal required under this Contract shall not relieve the Contractor from responsibility for any errors or omissions in such submittals, or from responsibility for complying with the requirements of this Contract, except with respect to variations described and approved as changes in accordance with the following Paragraph (5).
(5) The Contractor shall be entitled to rely upon approval of submittals containing variations from the requirements of the Contract as a change to the Contract only if the Contractor separately requests approval of the variation at the time of submission and the Contracting Officer has approved the request for variation.
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