RFP_AirConLI.pdf

U.S. General Services Administration Greater Southwest Region

PROJECT TITLE:

Air Conditioning

LOCATION:

Los Indios Port of Entry Los Indios, Texas

ISSUE DATE:

May 13, 2011

BIDS DUE:

June 13, 2011

SOLICITATION NO:

GS-07P-11-UK-C-0056

A Pre-Proposal Conference is scheduled for Tuesday, May 17, 2011 at 10:00 am at the Administration Building Conference Room, Los Indios Port of Entry, Los

Indios, Texas.

SPECIFICATIONS AND BID FORMS

GSA MISSION STATEMENT: To provide policy leadership and expertly managed space, supplies, services, and solutions, at the best value, to enable Federal employees to accomplish their missions.

TABLE OF CONTENTS

Standard Form 1442 – Solicitation, Offer and Award 1 - 4

Scope of Work 5 - 11

General Wage Determination 12 - 15

C101 – The Agreement 16 - 42

C201 – The Solicitation 43 – 62

C301 – Offeror Representations and Certifications (To be completed by contractor) 63 - 67

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

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See Attached

6. PROJECT PLAN

OFFER (Must be fully completed by offeror)

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AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

AWARD (To be completed by Government)

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CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 4 GS-07P-11-UK-C-0056

0001 The Contractor shall furnish all the necessary supplies, materials, equipment, labor and supervision for removing and installing HVAC units AHU 7, 8, 9, 10, have redundancy heat and cooling at the Primary Inspection Booths at Los Indios Port of Entry, Los Indios, Texas.

The Contractor shall furnish all of the necessary labor, materials, equipment, tools and supervision to accomplish the work within the project timeframe and in accordance with all regulations and specifications.

All work shall be done in accordance with the attached Scope of Work dated April 15, 2010, project drawings and the Department of Labor; General Decision TX100006 dated March 12, 2010.

Project drawings will be send via overnight mail, please request the copy of the drawing via e-mail, make sure to include your physical mailing address.

The successful contractor will be required to provide payment and performance bonds within 10 calendar days after contract award.

The contractor shall be required to complete the within in 120 calendar days after Notice to Proceed. Work shall be performed during normal working hours (8:00 a.m.

through 5:00 p.m.) Monday through Friday, excluded Federal Holidays and Saturday and Sunday. 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 $300.00 for each calendar day of delay until the work is completed or accepted.

Upon completing the work under this contract, the contractor shall furnish one complete set of As-Built Drawings as finally approved. These drawings shall show all changes and revisions made up to the time of the project completion and inspection. The As-Built Drawings shall be to scale using AutoCAD software.

All contract employees working on premises at GSA owned and operated buildings are required to pass a security background check conducted by the Department of Homeland Security. The successful offeror shall provide the employees background information within 14 calendar days after contract award.

A Pre-Proposal Conference is scheduled for Tuesday, May 17, 2011 at 10:00 am at the Administration Building Conference Room at Los Indios Port of Entry, Los Indios, Texas. Contractors are encouraged to attend the pre proposal walk-through and to verify all existing conditions at the job site prior to bidding on project.

Failure to do so will not relieve contractor of his/her responsibility to properly estimate the cost of this project.

This is the only opportunity contractors will get to visit the site to conduct a walk-through and ask questions.

GSA will not have anyone available to accompany contractors or their representatives (sub-contractors) after the scheduled pre-bid walk-through.

Proposals are due by 5:00 pm on Monday, June 13, 2011. Contractor shall provide a base proposal with

1.00 LS

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 4 OF 4 GS-07P-11-UK-C-0056

a detailed cost breakout. Cost breakout shall be formatted per the Construction Specification Institute (CSI) divisions of work breakdown. The cost breakout shall sum to the total construction cost of the proposal.

Proposals shall also consist of the following documents, completed and executed in accordance with this Solicitation:

1. Price Proposal

2. Technical Proposal

3. Representations and Certifications (C301)

4. Bid Guarantee, using Standard Form 24

The proposal acceptance period shall be 90 days from the quote due date.

Proposals may be fax to 956-618-8149, e-mail to rosalva.ramos@gsa.gov or mail to the following address:

Rosalva Ramos General Services Administration 1101 East Hackberry, Suite 200 McAllen, Texas 78501

If you have any questions, please contact Rosalva Ramos, Contracting Officer at 956-618-8125 Ext. 240.

GSA Public Buildings Service Greater Southwest Region Border Service Center McAllen, TX Office

SCOPE OF WORK

PROJECT NO. I10-54 -115MC

Replace Primary HVAC units

TX0301LI

Los Indios, Texas 04/15/2010

INTRODUCTION

The General Services Administration (GSA) is accepting bids accepting bids for the removal and installation of HVAC units AHU 7, 8, 9, 10, have redundancy heat and cooling at the Primary Inspection Booths.

The Contracting Officer will be Rosie Ramos, 956-618-8125 ext. 240.

The Contracting Officer’s Representative (COR) and Project Manager will be Jaime Nino, 956-618-8125 ext. 224.

SCOPE OF WORK

The contractor shall provide all materials, supplies, labor, equipment and supervision, necessary to complete the alterations in accordance with the attached specifications and drawings.

Location for the project is located in an area that historically has been very corrosive to equipment, structural support and has shortened the life cycle usage. Contractor shall provide equipment manufactured for salt water environment. All hardware, supporting structure, grates, covers and materials used to fabricate, attach or connect shall be galvanized hot-dipped zinc coated. Any structure that is fabricated of galvanized materials shall be welded and painted to protect from corrosion. All electrical panels shall be rated NEMA 3R. Conduit supports, hardware and similar to be either stainless steel or galvanized. Where dissimilar metals or connections occur, Contractor shall provide appropriate materials.

NOTICE: References to existing CAD Drawings as to include all notes and changes for all new equipment. Only reference information to allow installation at the new location as shown on print.

See attachments for clarity.

Demolition:

The HVAC demolition shall only occur as per CBP schedules and by coordination with GSA. New equipment has been installed above the inspection booths as shown on plans.

Proposal shall include all work, equipment and labor to install like for like at each inspection booth.

1. Through prior coordination of CBP and GSA, Contractor shall start to isolate chilled water, gas and electrical lines feeding each inspection booth. Inspection booth HVAC units have redundancy heat and cooling as existing. Contractor shall disconnect all utility lines providing chilled water, gas, DDC com (if used, no damage to existing will be reused for new units), spiral duct and provide temporary weather protection for all openings to prevent damage while work is in progress. Lock out and tag out of all utilities serving each booth is required. All work must be accomplished to minimize down time for each booth. Coordination between Contractor, subs and GSA/CBP is essential.

2. Support structure for HVAC equipment is to be removed and disposed of at an approved landfill.

Remove existing duct connections and similar connections to the nearest attachment point for new equipment to tie in. Contractor shall be required to reconnect and provide a complete working system after new equipment is provided and set in place.

3. Chilled water, gas, spiral ducts to each inspection booth and similar utilities shall disconnected only for new equipment to install.

4. Remove 4 (four) existing chilled water fan coil units feeding each primary inspection booths.

5. Remove 8 (eight) existing gas fired heating units to each of the primary inspection booths.

6. Remove 4 (four) existing fan intake-exhaust units feeding fresh air to the mixing boxes located adjacent to each primary inspection booth.

Construction:

1. Contractor shall provide a like for like replacement proposal of existing mechanical equipment and a separate proposal for placing equipment above the ceiling midway between the booths.

2. Chilled water, gas, spiral ducts to each inspection booth and similar utilities shall be supported using approved materials (galvanized) and installed. All lines shall be terminated to each individual inspection booth location. Some gas lines exhibit some corrosion as such, the Contractor shall replace only what is visible unless corrosion is visible and piping may fail.

Contractor to apply a coating such as (Galvax) or equivalent and approved for gas lines. All paint and color shall be according to the latest edition of the National Mechanical Code.

7. Reinstall new air curtain grille and ductwork to inspection booth #4. All spiral ductwork shall be provided for each inspection booth as required for supply and return means. Secure, insulate and paint to match existing. All ductwork shall be painted to match existing colors. All replacement work shall be weathertight. All duct, connections, joints shall be taped and mastic applied according to the latest edition of the SMACNA edition.

3. Contractor shall install galvanized platforms for all HVAC equipment after demolition and support using galvanized all thread pipe with suitable sized spring vibration isolates for all mechanical equipment supported from roof trusses and roof joists. Keep all equipment as high as possible where originally installed. All equipment and notations on existing CAD drawings shall be met.

Platforms shall be fabricated and welded with all welds with coating such as (Galvax) or equivalent to prevent corrosion. Platforms and support structure materials shall support the weight of all equipment and on occasion, workers who may be working around unit(s) as space permits. Platform shall not have a walk-around area for employees to maintain equipment. But some space around equipment is to be provided minimum of 6” or as required.

4. Install new condensate pumps. With suitable drain piping to nearest sanitary drain or as provided in plans.

5. Electrical disconnects to be replaced and wiring may be reused if in good condition and are adequately sized. New conduit and wiring may be required from nearest junction box to each location, Contractor to provide as required.

HVAC Equipment: Contractor shall provide equipment that match specifications for this project.

All equipment shall be supplied with a properly sized electrical disconnect per latest edition of the National Electrical Code. All conduit, wiring and terminations shall be provided for each unit. All chilled water lines and gas lines shall have a means to isolate for routine maintenance and repairs. Government will provide an itemized listing of all current AutoCAD for Contractor’s use.

These are not intended for bidding purposes as this project has differing requirements and only the equipment schedules, piping and architectural features may be used for the present or new location of mechanical equipment.

Air Handling Unit Schedule:

AHU 7, 8, 9, 10

Type: Horizontal Draw Thru Total CFM/OA CFM: 2000/2000 Fan E.S.P. (“WG) 2.0 Fan Type F.C.

Fan Press. Rating Medium Fan Motor HP/Voltage/PH 3/480/3

Fan Motor RPM 1800 Clg. Coil Ent Air Temp DB/WB 94.0/77.0 Clg. Coil Lvg Air Temp DB/WB 73.5/63.2 Sens. Cooling Cap MBH 45 Total Cooling Cap MBH 106 Max Clg Coil Face Vel 500 Clg Coil GPM @ 45 deg Ent 21 Clg Coil Min Rows/Max Fins 8/14 Clg Coil Max Air P.D. “WG 1.5 Clg Coil Max Water P.D. Ft 12 Htg Coil N/A Min Htg N/A

Provide with

1. Flat Filter Section with 2” Thick Disposable Filters, 85% Eff

2. Scheduled E.S.P Includes Losses for Ductwork, Air Devices & Dirty Filters

3. Fan Belt Guard

4. Weatherproof Housing for Outdoor Installation.

Gas Fired Duct Furnace Schedule

GDF 3, 4, 5, 6, booths require redundant equipment.

CFM 2000

Max Air P.D. “WG 0.20 Min Output MBH 120 Max Output MBH 150 Air Temp Rise 56 Ent Air Temp 30 Unit Volt/Phase 2/115/1 Notes:

1. Designed for Outdoor Application

2. Integral Power Vent System

3. Nat. Gas Fired, 80% Thermal Eff

4. Stainless Steel Heat Exchanger & Burner

5. 2-Stage Control 50%, 100%

6. Intermittent Spark Pilot w/ 100% Shutoff

Roof Vent Schedule

RV 3,4,5,6

Type Intake

CFM 2000

Throat Size 24” x 24” G 0.05 Notes:

1. Provide with Bird Screen

2. Attachment to Roof Curb Ducting to terminate to each individual mixing box.

Temperature Control:

Contractor shall provide a “DDC” control system that will allow each booth to be controlled during occupancy by using proximity beam across each threshold. Contractor shall connect new DDC sensors, wiring and stand alone panels to existing building management system. Program and provide point list for all booths and equipment. New network protocol must be compatible with existing Invensys controls and wiring. Shielded cable for all interconnections and weathertight. Network all booths to allow diagnosis or view parameters from a central location. Control shall integrate a point to point beam that will have a time delay sequence to turn off when booth is no longer occupied. Booths shall be programmed to allow cooling and heating 30 minutes before occupancy (7:00 am – 11:00pm). Mount stand alone panel in a locked NEMA 3R housing. All wiring shall be free from shorts, grounds and installed in a workmanlike manner using approved methods. All conduits permitted to be electrical grade PVC. Provide separate ground in all conduits for bonding and grounding as per latest edition of the National Electrical Code is using PVC conduits. Where grounding is not sufficient or lacking, provide welded connection to building structure. Coat connection with plastic covering after completing or use anti-corrosion inhibitor paste.

Points schedule below. Provide all sensors using stainless steel for corrosive purposes. These points are minimum and subject to changes as per requirements. Contractor shall provide these points unless original DDC system is adequately providing this information for each inspection booth to be tied into the existing Energy Management System.

1. Outdoor temp reset set at 58 degrees for heating and cooling. Dead band limitations for cooling by direction.

2. 3-way valve control for shutting off flow to booth AHU Clg Coil.

3. Master control to provide automatic heating and cooling depending on outside temp sensor and settings.

4. Auto switchover between heating and cooling. Either cooling or heating, but not simultaneously.

5. Spot beam detection across booth entrances to permit time delay sequence for shutting down both heating and cooling during none use. (Booths are sometimes not occupied during working hours)

6. Ent and Lvg Chilled Water Temp and Ent and Lvg Air for Heating. Outdoor Air Temperature point, resettable to desired setting.

7. CFM sensors both Ent and Lvg.

Submittals:

Contractor may use available prints from GSA, but with the understanding that it meets all requirements in this SOW. No deviation is permitted.

Contractor shall provide submittals:

1. All HVAC Equipment to include fan coils, furnaces, intake-exhaust fans,

2. Structural decking and materials to fabricate decking for equipment

3. Electrical Equipment to include all breakers, electrical disconnects, PVC pull boxes used to house all electronics and similar. All cabling, sensors, terminating housings.

4. Standing seam metal roof panels.

5. Spiral Ducts, all metal duct construction materials, air curtain grilles and mixing boxes, supports for installed equipment.

6.

Submittals shall be legibly and clearly marked as to unit sizing (BTU or Tonnage) and equipment to be supplied indicating voltage, amperage, CFM, Static Pressure, “WG. Any submittal not so marked shall not be reviewed or accepted.

A. Final Preparations

1. Contactor shall provide two (2) sets of as-built drawings in compact disk (CD). As-built drawings shall be in Auto CAD format and shall illustrate all alterations performed under this contract. Final payment will not be authorized until as-built drawings are provided.

2. Contractor shall provide four (4) copies of owner’s (O&M) manuals for architectural, mechanical and electrical equipment & systems.

B. General Construction Requirements

1. Keep work areas clean on a daily basis.

2. Remove debris from site on a daily basis.

3. Protect all existing walls and furniture from damage.

4. Contractor is responsible for all damages to government property caused by him/her and their subcontractors.

5. Contractor is responsible for all dimensions and quantities.

6. Contractor shall field verify all existing conditions prior to submitting a bid.

PRE-BID WALK-THROUGH

Contractors are encouraged to attend the pre-bid walk-through. Contractors are encouraged to verify all existing conditions at the job site prior to bidding on project. Failure to do so will not relieve contractor of his/her responsibility to properly estimate the cost of this project. This is the only opportunity contractors will get to visit the site to conduct a walk-through and ask questions. GSA will not have anyone available to accompany contractors or their representatives (sub-contractors) after the scheduled pre-bid walk-through.

SECURITY CLEARANCE REQUIREMENT

All contractor personnel performing working on premises at GSA owned and operated buildings are required to pass a security background check conducted by the Department of Homeland Security/Federal Protective Service. Each contractor employee shall submit one (1) set of completed Form FD-258 (Fingerprint Charts) and one (1) completed SF 85P (Security Clearance). These forms will be furnished by the McAllen, TX GSA office. No contractor employee will be allowed to perform work on the building premises until employee has been determined to be suitable for hire by the Department of Homeland Security/Federal Protective Service.

WORKING HOURS

Work shall be performed during normal working hours (8:00 a.m. –5:00 p.m.) Monday through Friday.

Contractor may also be required to work after hours or on weekends as per CBP and GSA requirements.

PROJECT SCHEDULE

Contractor shall submit to the GSA Project Manager a project schedule which includes all tasks to be performed under this project, duration of each task and tentative date/s each task will be performed.

Project schedule must be approved by the GSA Project Manager prior to performing any work under this project. Microsoft Project or other similar format can be used for this schedule.

Note:

The following items will be address at the Pre-bid Conference and again at a Pre-work Conference:

1. On site storage.

2. Parking.

3. Access through secured area.

4. Contractor shall coordinate site visit with the GSA mechanical maintenance contractor and GSA

Contracting Representative prior to performing any work that may result and including but not limited to: cutting, welding or other work that creates excessive dust or turning off water supply to bldg.

5. A GSA approved welding permit will be required before performing any cutting and welding.

Contractor shall contact the GSA McAllen, TX office at 956-618-8125 at least 24 hours in advance to request a permit for cutting and welding.

SPECIFICATIONS

1. Contractor shall be responsible for all quantities, measurements, correct installation of all items and for any damages to the building, items such as parked vehicles and surrounding areas.

2. All materials, equipment and supplies to be incorporated into work under the terms of this contract shall have been “NEW” and “UNUSED” at time of award.

3. Materials of equipment containing asbestos in any form shall not be incorporated into this project.

4. All material, workmanship and equipment shall be subject to the inspection and approval by the

Contracting Officer and/or her representative. All work unsatisfactorily performed shall be promptly corrected and made acceptable for the Government.

MATERIAL TECHNICAL SPECIFICATIONS

Where a particular manufacturer's product is specified, it is not intended to discriminate against other manufacturer's which are equal in quality of material, workmanship, appearance and function to those specified. Rather, it is intended to establish and indicate the desired standard of quality. If any tests are required to determine the equality of any substitutes, such tests shall be made by an independent authority as approved by the government. All expenses related to proposed substitutions shall to be paid by the contractor. Proposed items are to be submitted with the bid and shall be a basis for the award of the contract.

All materials and equipment shall bear evidence of the Underwriter's Laboratories Inc. Label (UL) or approval of other nationally recognized independent testing organizations adequately equipped and competent to perform such services when these standards are required and such product listing is available.

PRODUCT DATA AND SAMPLES

1. Product Date: Contractor shall submit five sets of original product data, catalog sheets, brochures, performance charts or other standard descriptive data provided by him/her, subcontractors, suppliers or distributors. Product Data must be certified by the contractor stating that he/she has reviewed and approved them. Product to be used must be high lighted on the data sheets by the contractor. Product Data used for construction must bear GSA’s stamp certifying final review and approval. No product shall be used that does not bear such stamp.

2. Samples: Contractor shall submit physical samples establishing standards by which completed work is judged. Samples shall indicate color range, functional characteristics and shall represent exact material to be used on the project.

PERFORMANCE REQUIREMENT

1. The contractor shall field verify existing conditions prior to any demolition.

2. The contractor shall remove and dispose of all construction debris as it accumulates on a daily basis.

3. Upon completion of work the contactor shall leave the premised clean and free of any debris.

4. Must provide construction fencing or other means to alert public as to work area.

5. Complete frame and doors must be replaced same day.

APPLICABLE PUBLICATIONS

A. Department of Labor:

1. Occupational and Health Standards: (29 CFR part 1910).

2. Safety and Health Regulations for Construction: (29CFR part 1518).

3. Federal Code:

All renovations shall be in accordance with the design requirements as found in the Federal Construction & Safety Standard, and Third Party approved structure design package.

4. Fire Codes: All units shall meet or exceed all required Federal, State and Local Fire Codes.

5. Housing & Urban Development (HUD 24 CFR 3280).

6. National Electrical Code (NEC).

7. International Building Code (IBC).

8. International Mechanical Code (IMC).

9. International Plumbing Code (IPC).

10. American Society of Heating, Refrigeration and Air Conditioning (ASHRA).

11. Occupational and Safety Act (OSHA).

12. National Fire Protection Association (NFPA).

13. U.S. Environmental Protection Agency (EPA), “Mold Remediation in Schools and Commercial

Buildings”.

14. New York City Department of Health (NYCDH), “Guidelines for Assessment and Remediation of Fungi in Indoor Environments”

B. Manufacture, installation and testing shall comply with manufacturer’s instructions and standards.

When more stringent requirements are call for either this S.O.W. or codes and regulations, the priority of precedence in compliance shall be:

1. Federal Requirements.

2. State Requirements.

3. Local Requirements.

4. Manufacture’s Requirements.

5. Contractor’s Requirements.

WARRANTY

1. All workmanship and materials shall be warranted for a period of not less than three hundred sixty five (365) days from date of acceptance by the Government.

2. Contractor shall provide all applicable manufacture’s warranties at time of completion.

END OF SCOPE OF WORK

General Decision Number: TX100006 03/12/2010 TX6

Superseded General Decision Number: TX20080006

State: Texas

Construction Types: Building and Residential

Counties: Cameron and Hidalgo Counties in Texas.

BUILDING AND RESIDENTIAL CONSTRUCTION PROJECTS (including single family homes and garden apartments up to and including 4 stories).

Modification Number Publication Date

0 03/12/2010

* SUTX1990-013 05/01/1990

Rates Fringes

BOILERMAKER

RESIDENTIAL CONSTRUCTION

ONLY........................$ 16.35 2.315

BRICKLAYER

ONLY........................$ 7.25

CARPENTER (Including Drywall

Hanging and Acoustical

Ceiling Installation)

BUILDING CONSTRUCTION ONLY

Excluding Batt Insulation..$ 7.25

CARPENTER

CEMENT MASON/CONCRETE

FINISHER (Excluding Form

Setting)

BUILDING CONSTRUCTION ONLY..$ 7.25

CEMENT MASON/CONCRETE FINISHER

ELECTRICIAN

BUILDING CONSTRUCTION ONLY..$ 8.30

Electricians: (Residential)

FLOOR LAYER: CARPET (SOFT)

FLOOR

Insulation Installer

IRONWORKER, REINFORCING

Laborer, common

LABORER

ONLY

Pipelayer..................$ 7.25

Unskilled..................$ 7.25

PAINTER (Including Drywall

Finishing, Taping, and

Bedding)

PAINTER

PIPEFITTER (Including HVAC

Work)

BUILDING CONSTRUCTION ONLY..$ 7.28 .12

Plasterer tender

PLASTERER

BUILDING CONSTRUCTION ONLY..$ 8.41

PLUMBER (Excluding HVAC Work)

BUILDING CONSTRUCTION ONLY..$ 7.50 .48

Plumbers and Pipefitters

ONLY........................$ 8.20

Power equipment operators:

BUILDING CONSTRUCTION ONLY

Backhoe....................$ 7.25 .48

RESIDENTIAL CONSTRUCTION

ONLY

Backhoe....................$ 7.25

Grader.....................$ 7.25

Loader.....................$ 7.25

ROOFER, Including Built Up, Composition and Single Ply

Roofs

Sheet metal worker

Sheet Rock Installer

SHEETMETAL WORKER (Including

HVAC duct Work)

TILE SETTER

TRUCK DRIVER

RESIDENTIAL CONSTRUCTION

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

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)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

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

GSA Contract No. GS-07P-11-UK-C-0056 Page 1 of 27

FAC2005-50A&51A/GSAM47

TEMPLATE FOR SMALL BUSINESS SET-ASIDE

Construction Contract for Replace Air Conditioning

GSA Contract No. GS-07P-11-UK-C-0056

The Agreement

C101-SB 4/11

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. Statements of Work, Specifications, Drawings, Exhibits and Other Attachment

II. Prices

A. Basis of Pricing B. Contract Price Form

III. Terms and Conditions

A. General Terms and Conditions B. Contract Clauses

GSA Contract No. GS-07P-11-UK-C-0056 Page 2 of 27

I Project Information

I.A Project Summary

Replace the air conditioning units at the primary inspection booths areas & replace all corroded and non-functioning valves throughout the A/C plumbing systems. Replace corroded conduit and electrical wiring in the secondary area. The project location is the primary inspection booths and the secondary area at Los Indios Port of Entry, Los Indios.

I.B The Contract

I.B.1 The Contract consists of the SF 1442, the Agreement, the Statement of Work, Specifications, Drawings, Exhibits, 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.

I.B.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

I.C.1 Commencement. The Contractor shall commence performance of the Work within 20 days after the Contractor receives the Notice to Proceed (NTP).

I.C.2 Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than 110 calendar days from issuance of Notice to Proceed (NTP).

I.C.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

Work shall be performed during normal working hours (8:00 a.m. –5:00 p.m.) Monday through Friday. Contractor may also be required to work after hours or on weekends as per CBP and GSA requirements.

GSA Contract No. GS-07P-11-UK-C-0056 Page 3 of 27

I.E Authorized Representatives

I.E.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 individuals are designated as the authorized GSA representatives under this Contract:

(a) Contracting Officer

Name: Rosalva Ramos Address: 1101 East Hackberry, Suite 200, McAllen, Texas 78501 Telephone: 956-618-8125 Ext. 240 Email: Rosalva.ramos@gsa.gov

(b) Contracting Officer's Representative

Name: Jaime Nino Address: 1101 East Hackberry, Suite 200, McAllen, Texas 78501 Telephone: 956-618-8125 Ext. 224 Email: Jaime.nino@gsa.gov

I.E.2 GSAR 552.236-71, Authorities and Limitations (APR 84), is incorporated by reference in this Contract.

I.F Contract Liquidated Damages Rate (If applicable)

In accordance with Paragraph III.A.11, liquidated damages shall be calculated at the rate of $300 per calendar day.

I.G Buy American Exceptions

For the purpose of determining Buy American requirements set forth in the Buy American Clause at Paragraph III.B.2(c), the following construction materials and components are excepted:

None

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 Dated 03/22/11

2. Construction Drawings

3. Wage Determination TX100006, Dated 03/12/10 mailto:Rosalva.ramos@gsa.gov mailto:Jaime.nino@gsa.gov

GSA Contract No. GS-07P-11-UK-C-0056 Page 4 of 27

II Prices

II.A Basis of Pricing

II.A.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.

II.A.2 Knowledge of Conditions Affecting Price

FAR 52.236-3, Site Investigations and Conditions Affecting the Work (APR 84), 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.

II.A.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 in an amount sufficient to compensate the Contractor for such work at the established unit prices. The Contractor shall be obligated to perform such work in excess of a unit quantity for which an Allowance is sufficient 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.

II.A.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.

II.A.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.

GSA Contract No. GS-07P-11-UK-C-0056 Page 5 of 27

II.B Contract Price Form

CLIN ITEM

PRICE

Base Contract

III Terms and Conditions

III.A General Terms and Conditions

III.A.1 Commencement, Prosecution, and Completion of Work

FAR 52.211-10, Commencement, Prosecution, and Completion of Work (APR 84), is supplemented as follows:

The Contractor shall not commence the Work until the Contracting Officer has issued NTP. The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion, as defined in III.A.8(a), of the Work within the time specified in Paragraph I.C of the Agreement. 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.A.2 Contractor Responsibilities

III.A.2(a) For the purposes of FAR 52.236-1, Performance of Work by the Contractor, the Contractor shall perform at least fifteen percent of the Work.

III.A.2(b) Unless otherwise expressly stated in the Contract, the Contractor shall be responsible for all means and methods employed in the performance of the Contract.

III.A.2(c) The Contractor shall be responsible for providing professional design services in connection with performance of the Work or portions of the Work only if this responsibility is expressly stated and the Contract Documents provide the performance and design criteria that such services will be required to satisfy. In the performance of such work, the Contractor shall be responsible for retaining licensed design professionals, who shall sign and seal all drawings, calculations, specifications and other submittals that the licensed professional prepares. The Contractor shall be responsible for, and GSA shall be entitled to rely upon, the adequacy and completeness of all professional design services provided under this Contract.

III.A.2(d) The Contractor shall be responsible for coordinating all activities of subcontractors.

This responsibility includes coordination of: preparation of shop drawings produced by different subcontractors where their work interfaces or may potentially conflict or interfere and the installation of such work; scheduling of work by subcontractors; and use of the Project site for staging and logistics.

III.A.2(e) Where installation of separate Work components as shown in the Contract Documents will result in conflict or interference between such components or with existing conditions, including allowable tolerances, it is the Contractor's responsibility to bring such

GSA Contract No. GS-07P-11-UK-C-0056 Page 6 of 27 conflict or interference to the attention of the Contracting Officer and seek direction before fabrication, construction, or installation of any affected work. If the Contractor fabricates, constructs, or installs any work prior to receiving such direction, the Contractor shall be responsible for all cost and time incurred to resolve or mitigate such conflict or interference.

III.A.2(f) Where drawings show work without specific routing, dimensions, locations, or position relative to other work or existing conditions, and such information is not specifically defined by reference to specifications or other information supplied in the Contract Documents, the Contractor is responsible for routing, dimensioning, and locating such work in coordination with other work or existing conditions in a manner consistent with Contract requirements.

III.A.2(g) It is not the Contractor's responsibility to ensure that the Contract Documents comply with applicable laws, statutes, building codes and regulations. If it comes to the attention of the Contractor that any of the Contract Documents do not comply with such requirements, the Contractor shall promptly notify the Contracting Officer in writing. If the Contractor performs any of the Work prior to notifying and receiving direction from the Contracting Officer, the Contractor shall assume full responsibility for correction of such work, and any fees or penalties that may be assessed for non-compliance.

III.A.2(h) The Contractor shall immediately bring to the Contracting Officer's attention any hazardous materials or conditions not disclosed in the Contract Documents discovered by or made known to the Contractor during the performance of the Contract

III.A.2(i) The Contractor must submit a safety plan before commencing work.

III.A.2(j) The Contractor assumes the risk of, and shall be responsible for, any loss, damage, destruction, or theft of Government property upon its delivery to the Contractor as Government-furnished property. However, the Contractor is not responsible for reasonable wear and tear to Government property or for Government property properly consumed in performing this Contract.

III.A.3 Contractor Management and Personnel

FAR 52.236-6, Superintendence by the Contractor (APR 84), is supplemented as follows:

III.A.3(a) The Contractor shall employ sufficient management and contract administration resources, including personnel responsible for project management, field superintendence, change order administration, estimating, coordination, inspection, and quality control, to ensure the proper execution and timely completion of the Work. The Contractor shall designate a principal of the firm or other senior management official to provide executive oversight and problem resolution resources to the Project for the life of the Contract.

III.A.3(b) The Contractor shall employ, and require its subcontractors to employ, qualified personnel to perform the Work. The Government reserves the right to exclude, or remove from the site or building, any personnel for reasons of incompetence, carelessness, or insubordination, who violate rules and regulations concerning conduct on federal property, or whose continued employment on the site is otherwise deemed by the Government to be contrary to the public interest.

III.A.3(c) Repeated failure or excessive delay by the Contractor to provide qualified personnel shall be deemed a default for the purposes of the Termination for Default clause.

GSA Contract No. GS-07P-11-UK-C-0056 Page 7 of 27

III.A.4 CPM Project Schedule

III.A.4(a) The Contractor shall use a Critical Path Method ("CPM") Project Schedule to plan, coordinate, and perform the Work. The Project Schedule shall be produced using widely used, commercially available computer software that is capable of generating and monitoring a CPM schedule and is compatible with Meridian Proliance.® For example, compatible software includes Microsoft Project,® Primavera SureTrak,® and Primavera Project Planner.®

III.A.4(b) 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.

III.A.4(c) 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.

III.A.4(d) The Project Schedule shall depict all activities necessary to complete the Work, including, as applicable, all submittal and submittal review activities, all procurement activities, and all field activities, including mobilization, construction, start-up, testing, balancing, commissioning, and punchlist. Activities shall be sufficiently detailed and limited in duration to enable proper planning and coordination of the Work, effective evaluation of the reasonableness and realism of the Project Schedule, accurate monitoring of progress, and reliable analysis of schedule impacts.

III.A.4(e) Within thirty (30) days of NTP, or such other time as may be specified herein, the Contractor shall submit its Project Schedule to the Contracting Officer, together with a written narrative describing the major work activities, activities on the critical path, and major constraints underlying the sequence and logic of the Project Schedule. The Contractor shall submit the Project Schedule in both electronic and hardcopy print format.

III.A.4(f) The Contractor should anticipate that its initial submittal of the Project Schedule shall be subject to review and revision as contemplated by Paragraph III.A.4(k), and the Contractor shall devote sufficient resources for meetings, revisions, and resubmissions of the Project Schedule to address exceptions taken by the Contracting Officer to the initial submittal. The Contractor understands and acknowledges that the purpose of the initial review and resolution of exceptions is to maximize the usefulness of the Project Schedule for the Parties during Contract performance.

III.A.4(g) Activity durations shall be based upon reasonable and realistic allocation of the resources required to complete each activity, given physical and logistical constraints on the performance of the Work. All logic shall validly reflect physical or logistical constraints on relationships between activities. Except for the first and last activities in the Project Schedule, each activity shall have at least one predecessor and one successor relationship to form a logically connected network plan from NTP to the Contract Completion date.

III.A.4(h) The Project Schedule shall incorporate 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.

GSA Contract No. GS-07P-11-UK-C-0056 Page 8 of 27

III.A.4(i) Unless a shorter period for updates is specified elsewhere, the Contractor shall update the Project Schedule monthly to reflect its actual progress in completing the Work, and submit the updated Project Schedule to the Contracting Officer within five (5) working days of the end of each month or other specified period.

III.A.4(j) 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 and the available float for all activities. The Contractor shall only revise prospective activities, durations and logic, but addition of detail to prospective activities shall not be deemed a revision if the overall duration of the detailed activity does not change.

III.A.4(k) 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. Regardless of whether the Contracting Officer takes any such exception, the Contractor shall not be relieved of its responsibility for the rationality, reasonableness or realism of the Project Schedule, or its responsibility to achieve Substantial Completion within the time specified by this Contract.

III.A.4(l) If the Contractor fails to sufficiently address the Contracting Officer's exceptions to the Project Schedule within thirty (30) calendar days of written…