FormSF1442-MinotRepoint.pdf

(See ).

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".

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

11. The contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

NSN 7540-01-155-3212 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

See Attached

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

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.

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

20b. SIGNATURE 20c. OFFER DATE

Attachment Page

PAGE 3 OF 58 GS-08P-15-VJ-C-0018

Construction Contract for repointing exterior masonry walls at Bruce M. Van Sickle Federal Building/Courthouse, Minot, North Dakota.

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 Representative F. Liquidated Damages Rate G. Buy American Exceptions H. Statement of Work, Specifications, Drawings, Exhibits and Other Attachments

II. Prices

A. Basis of Pricing

III. Terms and Conditions

A. Commencement, Prosecution, and Completion of Work B. Contractor Responsibilities C. Contractor Management and Personnel D. Project Schedule E. Extensions of Time F. Interpretation of Specifications and Drawings G. Submittals H. Substantial Completion and Contract Completion I. Use and Possession Prior to Substantial Completion J. Finality of Contract Modifications K. Liquidated Damages L. Insurance Requirements M. Order of Precedence N. Administrative Matters O. Non-Compliance with Contract Requirements P. Additional Terms and Conditions

IV. Contract Clauses

A. Clauses Incorporated in Full Text B. Clauses Incorporated by Reference C. Subcontract Requirements

PAGE 4 OF 58 GS-08P-15-VJ-C-0018

I. Project Information

I.A. Project Summary Perform repointing on upper exterior masonry walls at the Bruce M. Van Sickle Federal Building/Courthouse, 100 1st St. SW, Minot, North Dakota with option to repoint exterior masonry walls below 2nd floor.

I.B. The Contract

(1) The Contract consists of the SF 1442, the Agreement, the Statement of Work, Specifications, Drawings, Exhibits, Amendments, Modifications, and other Attachments identified herein (collectively, the Contract Documents). The Contract contains the entire agreement of the Parties, and no prior written or oral agreement, express or implied, shall be admissible to contradict or modify any part of the Contract.

(2) The Contractor shall provide and pay for all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution of the work described in and reasonably inferable from the Contract Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the Contractor's completion of the Work, GSA shall pay the Contractor the price or prices established in Section II, subject to the terms and conditions set forth in this Contract.

I.C. Period of Performance

(1) Commencement. The Contractor shall commence performance of the Work within 10 days after the Contractor receives the Notice to Proceed (NTP).

(2) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than 120 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 30 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements Exterior Work on occupied building.

I.E. Authorized Representative

(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 Name: Pam Burley Address: GSA, 657 2nd Ave. N., Room 348, Fargo, ND 58102 Telephone: 303-236-1103 Email: Pam.burley@gsa.gov

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

I.F. Liquidated Damages Rate In accordance with the “Liquidated Damages” clause in Section III (Terms and Conditions), liquidated damages shall be calculated at the rate of $0 per calendar day.

PAGE 5 OF 58 GS-08P-15-VJ-C-0018

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 into this Contract.

(1) Statement of Work for Contract No. GS-08P-15-VJ-C-0018, Dated 12/23/14

(2) Wage Determination ND39, Dated 1/2/15

STATEMENT OF WORK

Exterior Masonry – Repointing project

December 23, 2014

1. Project Overview

A. Project Location Judge Bruce M. Van Sickle Federal Building/Courthouse 100 1st Street SW Minot, ND 58701

B. Points of Contact

Pam Burley Contracting Officer 701-239-5453 ext 5 Pam.burley@gsa.gov

Charlie Peterson Project Manager 303-236-4620 Charles.peterson@gsa.gov

Brian Hodde Property Manager 701-250-4440 ext 1 Brian.hodde@gsa.gov

Christina Fockler Historic Preservation Specialist

303-236-4627 Christy.fockler@sga.gov

C. Project Summary

The Judge Bruce M. Van Sickle Federal Building/Courthouse in Minot, ND is a Historic Building and is on the National Register of Historic Places. As such, projects in the building are required to follow the guidelines set forth in the following publications.

- ADM 1022 and PBS 1022.2: GSA Procedures for Historic Properties

- The National Historic Preservation Act of 1966, as amended

- Executive Order 11593

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

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

- National Park Service Preservation Brief #2 Re-Pointing Mortar Joints in

Historic Masonry Buildings Any work that could alter the building’s historic fabric, character, or appearance, both on the interior and exterior must first be approved by the GSA’s Historic Preservation Officer and the North Dakota State Historic Preservation Office (SHPO).

Base Project: Perform exterior masonry repointing repairs, as needed, to the mortar joints of the upper limestone coping at the masonry parapet walls at the Federal Building/Courthouse in Minot, North Dakota. The extent of potential work area shall include all of the upper stone (above 3rd story windows), on all elevations of the building.

PAGE 6 OF 58 GS-08P-15-VJ-C-0018

Option 1: Perform exterior masonry repointing repairs, as needed, to the mortar joints of the lower limestone walls. The extent of potential work area shall include the lower limestone (below the 2nd story windows) on all elevations.

Note: Refer to section D, Project Description, for the estimated lineal feet of repointing required on the upper and lower stone sections, to be used as an assumption for the purpose of proposing a cost on this contract.

Lineal Foot prices: All proposals shall include a proposed cost per lineal foot for additional repointing of the upper stone, lower stone, and/or mid-section brick. The proposed add cost shall be applied to all repointing change modifications, as a pre-negotiated rate, if additional repointing areas are requested by the owner or recommended by the contractor. (No proposed additional work shall proceed prior to agreement by both owner and contractor, and incorporation into the contract.)

a. The work includes all construction materials, labor, equipment, necessary lift methods, and services necessary, even if not explicitly required in this document, to complete the project and provide project safety and security.

b. The project work shall comply with all applicable federal, state, county and/or city regulations.

c. Substitution of any specified item is not permitted except through written approval by the Contracting Officer.

d. Experience: The repointing contractor shall have at least 5 years experience and have a comprehensive understanding of repointing mortar joints on a historic building. The repointing contractor should have experience working on historical buildings and should have the resources necessary to test and match the existing mortar.

e. 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 this document.

f. All rights, responsibilities and authorities of GSA under this Contract are vested in the Contracting Officer. The Contractor assumes all the risk, costs, and consequences of performing work not directed by the contract officer.

g. Color sample and Mock-up: The contractor shall provide to GSA, a minimum of 3 color samples, in similar color tones, to match the existing mortar. GSA shall have 1 week to select or comment on the color samples. The contractor shall complete a small area of RePointing (mock-up), in an inconspicuous area on the building, and allow GSA an opportunity to view the mock-up area, prior to continuing with the remainder of work.

D. Project Description:

Base Project: This project requires the repointing (mortar repair) of 105 different seams, totaling 334 lineal feet of cracked and/or missing mortar from joints in random areas of the building’s exterior, upper (above the 3rd floor windows) stone façade and parapet. This quantity does not include any of the building’s mid-section brick façade.

Option 1: Requires the repointing (mortar repair) of 98 different seams, totaling 313 lineal feet of cracked and/or missing mortar from joints in random areas of the building’s exterior lower (below 2nd floor windows) stone facade. This quantity does not include any of the building’s mid-section brick façade.

Lineal Foot Add cost : The lineal footage of Re-Pointing given in the above project description was derived from a visual field estimate done by GSA. In the event that additional Re-Point areas are discovered and recommended by the contractor, after the work has begun, the

PAGE 7 OF 58 GS-08P-15-VJ-C-0018

contractor shall initiate a contract modification request. As part of this initial project proposal, the contractor shall include a cost per lineal foot that shall be applied to all added RePoint work proposals as needed throughout the duration of the project. The contractor may include a separate specific ‘add’ cost for each of the different building areas. Example: The ‘upper stone area’, the ‘lower stone area’, and the ‘center brick area’ may have different cost rates due to difficulty of access.

E. Project Specifications

1.1 Description

The contractor shall remove existing cracked and/or damaged mortar, non-original grout, and/or caulking from masonry joint areas (stone or brick) and re-point the masonry joint areas with new mortar on all exterior faces. The mortar used for repointing shall be an applicable product for masonry units used in and for the North Dakota climate.

1.2 Applicable Publications

a. Publications listed below form a part of this specification to extent referenced.

Publications are referenced in the text by basic designation only.

b. American Society for Testing and Materials (ASTM):

C270-07 .... Mortar for Unit Masonry

c. International Masonry Institute: Recommended Practices and Guide Specifications for Cold Weather Masonry Construction.

2.1 Pointing Mortar

As per appendix X3 of ASTM C270:

In creating a re-pointing mortar that is compatible with the masonry units, the objective is to achieve one that matches the historic mortar as closely as possible, so that the new material can coexist with the old in a sympathetic, supportive and, if necessary, sacrificial capacity. The exact physical and chemical properties of the historic mortar are not of major significance as long as the new mortar conforms to the following criteria:

a. The new mortar must match the historic mortar in color, texture and tooling. (If a laboratory analysis is undertaken, it may be possible to match the binder components and their proportions with the historic mortar, if those materials are available.)

b. The sand must match the sand in the historic mortar. (The color and texture of the new mortar will usually fall into place if the sand is matched successfully.)

c. The new mortar must have greater vapor permeability and be softer (measured in compressive strength) than the masonry units.

d. The new mortar must be as vapor permeable and as soft or softer (measured in compressive strength) than the historic mortar. (Softness or hardness is not necessarily an indication of permeability; old, hard lime mortars can still retain high permeability.)

3.1 Cut out of Existing Mortar Joints

a. Cut out existing mortar joints (both bed and head joints) and remove by means of a toothing chisel or a special pointer's grinder, to a uniform depth of to 19 mm (3/4-inch, minimum), or until sound mortar is reached. Take care to not damage edges of existing masonry units.

b. Remove dust and debris from the joints by brushing, blowing with air or rinsing with water. Do not rinse when temperature is below freezing.

3.2 Job Conditions

a. Protection: Protect newly pointed joints from rain, until pointed joints are sufficiently hard enough to prevent damage.

b. Cold Weather Protection:

PAGE 8 OF 58 GS-08P-15-VJ-C-0018

1) Pointing may be performed in freezing weather when methods of protection are utilized.

2) Comply with applicable sections of "Recommended Practices for Cold Weather Construction" as published by International Masonry Industry All Weather Council.

3) Existing surfaces at temperatures to prevent mortar from freezing or causing other damage to mortar.

3.3 Installation of Pointing Mortar

a. Immediately prior to application of mortar, dampen joints to be pointed. Prior to application of pointing mortar, allow masonry units to absorb surface water.

b. Tightly pack mortar into joints in thin layers, approximately 6 mm (1/4-inch) thick maximum.

c. Allow layer to become "thumbprint hard" before applying next layer.

d. Pack final layer flush with surfaces of masonry units when mortar becomes "thumbprint hard" and tool joints.

3.4 Tooling of Joints

a. Tool joints with a jointing tool to produce a smooth, compacted, concaved joint.

b. Tool joints in patch work with a jointing tool to match the existing surrounding joints.

3.5 Cleaning

a. Clean exposed masonry surfaces on completion.

b. Remove mortar droppings and other foreign substances from wall surfaces.

c. First wet surfaces with clean water, then wash down with a solution of soapless detergent specially prepared for cleaning limestone / brick.

d. Brush with stiff fiber brushes while washing, and immediately thereafter hose down with clean water.

e. Free clean surfaces from traces of detergent, foreign streaks or stains. Protect materials during cleaning operations including adjoining construction.

f. Use of muriatic acid for cleaning is prohibited.

F. Proposals

1.0 Provide a construction cost proposal to include:

a. Separate Detailed Construction Costs for the Base Project, and the Option 1: Include subcontract labor, materials, and costs; general conditions, prime contractor mark-up, applicable North Dakota excise taxes, and bond.

b. Unit proposal for potential lineal feet additional work that may be added after the contract has begun.

G. General:

1. The contractor is encouraged to visit the site prior to submitting a proposal. A site visit will be held at the building on Wednesday February 4 at 11:00am. The site visit group will begin at the front of the building, exterior.

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

3. The Contractor shall be responsible for materials, demolition, assembly, clean-up, installation, and supervision required to complete this project.

4. Work may be performed 24 hours a day, 7 days a week if scheduled and approved by

Property Manager, Brian Hodde.

5. The contractor is responsible for the protection of all existing building property surfaces and grounds from damage due to work performed under this contract. Damages to existing building surfaces caused by the performance of this contract shall be repaired as to match the existing surface finish.

PAGE 9 OF 58 GS-08P-15-VJ-C-0018

6. The Contractor shall remove all debris generated in the performance of this contract on a daily basis.

a. The contractor shall take all necessary precautions to prevent any dust or debris from filtering into other parts of the building including mechanical systems.

b. Should dust or debris filter into other parts of the building the contractor shall take immediate steps to clean the area at the contractor cost. No equipment or supplies will be furnished by GSA.

c. At the completion of the project, the project area shall be cleaned to building standards as determined by the 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.

7. All applicable codes shall be adhered to the maximum extent possible. All work shall be accomplished in accordance with the applicable standards, guidelines, and codes required by the Local, State and Federal authorities.

8. The existing available building services of water, electrical power, and the building toilet facilities will be available for the contractors use.

9. SPECIAL NOTES:

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

b. Any damage caused by the contractor to government property shall be the responsibility of the contractor to correct in a timely manner.

General Decision Number: ND150039 01/02/2015 ND39

Superseded General Decision Number: ND20140039

State: North Dakota

Construction Type: Building

County: Ward County in North Dakota.

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

Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is 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 $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/02/2015

BOIL0647-006 01/01/2014

Rates Fringes

BOILERMAKER......................$ 32.75 26.42

PAGE 10 OF 58 GS-08P-15-VJ-C-0018

BRND0001-004 05/01/2014

BRICKLAYER.......................$ 27.61 9.48

ELEC0714-012 06/30/2014

ELECTRICIAN (Including Low

Voltage Wiring)..................$ 31.79 10.5%+8.37

ENGI0049-006 05/01/2014

POWER EQUIPMENT OPERATOR:

(Roller).........................$ 28.35 16.75

IRON0512-014 05/01/2014

IRONWORKER (REINFORCING AND

STRUCTURAL)......................$ 28.45 22.85

LABR0563-003 05/01/2014

LABORER (Carpenter Tender).......$ 20.90 14.59

PLAS0633-001 05/01/2014

CEMENT MASON/CONCRETE FINISHER...$ 27.20 13.33

PLUM0300-017 06/02/2014

PLUMBER..........................$ 29.03 12.45

PLUM0300-020 06/02/2014

PIPEFITTER.......................$ 31.44 12.67

SHEE9010-002 06/09/2014

SHEET METAL WORKER (HVAC Duct

Installation Only)...............$ 26.45 13.95

SUND2012-020 08/18/2014

CARPENTER........................$ 23.66 7.35

FORM WORKER......................$ 16.38 6.24

INSULATOR - MECHANICAL

PAGE 11 OF 58 GS-08P-15-VJ-C-0018

(Duct, Pipe & Mechanical

System Insulation)...............$ 17.39 2.10

LABORER: Common or General......$ 18.24 0.00

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 23.03 0.00

OPERATOR: Bobcat/Skid

Steer/Skid Loader................$ 21.51 0.00

OPERATOR: Crane.................$ 27.00 15.65

OPERATOR: Forklift..............$ 26.40 13.58

OPERATOR: Loader................$ 21.00 12.45

PAINTER (Brush and Roller).......$ 18.18 0.00

TRUCK DRIVER: Dump Truck........$ 20.95 0.00

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)).

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

(weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

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

Survey Rate Identifiers

PAGE 12 OF 58 GS-08P-15-VJ-C-0018

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

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

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

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

WAGE DETERMINATION APPEALS PROCESS

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

* an existing published wage determination

* a survey underlying a wage determination

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

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour 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.

PAGE 13 OF 58 GS-08P-15-VJ-C-0018

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

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

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.

PAGE 14 OF 58 GS-08P-15-VJ-C-0018

(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.

III. Terms and Conditions

III.A. Commencement, Prosecution, and Completion of Work FAR 52.211-10, Commencement, Prosecution, and Completion of Work, 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 of the Work, as defined in Section III (Terms and Conditions), “Substantial Completion and Contract Completion” clause, within 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

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

(2) 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.

(3) 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.

(4) 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 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.

(5) 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

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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.

(6) 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.

(7) 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.

(8) The Contractor must submit a safety plan before commencing work.

III.C. Contractor Management and Personnel FAR 52.236-6, Superintendence by the Contractor, is supplemented as follows:

(1) 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.

(2) 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.

(3) 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.

III.D. Project Schedule

(1) 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.®

(2) 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.

(3) 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.

(4) 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.

(5) 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

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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.

(6) The Contractor should anticipate that its initial submittal of the Project Schedule shall be subject to review and revision as contemplated by Paragraph (11) of this clause, 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.

(7) 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.

(8) 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.

(9) 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.

(10) 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.

(11) 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.

(12) If the Contractor fails to sufficiently address the Contracting Officer's exceptions to the Project Schedule within thirty (30) calendar days of written notice of same, the Contracting Officer may withhold retainage until the Project is Substantially Complete or until such time as the Contractor has complied with Project Schedule requirements.

(13) 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. Extensions of Time FAR 52.211-13, Time Extensions, is supplemented as follows:

(1) If the Contractor requests an extension of the time for Substantial Completion, the Contractor shall base its request on analysis of time impact using the Project Schedule as its baseline, and shall propose as a new Substantial Completion date to account for the impact.

The Contractor shall submit a written request to the Contracting Officer setting forth facts and

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analysis in sufficient detail to enable the Contracting Officer to evaluate the Contractor's entitlement to an extension of time.

(2) The Contractor shall only be entitled to an extension of time to the extent that (a) Substantial Completion of the Work is delayed by causes for which the Contractor is not responsible under this Contract, and (b) the actual or projected Substantial Completion date is later than the date required by this Contract for Substantial Completion.

(3) The Contractor shall not be entitled to an extension of time if the Contractor has not updated the Project Schedule in accordance with this Contract.

(4) The Government shall not be liable for any costs to mitigate time impacts incurred by the Contractor that occur less than 30 calendar days after the date the Contractor submits a request for extension of time in compliance with this clause.

III.F. Interpretation of Specifications and Drawings FAR 52.236-21, Specifications and Drawings for Construction, and GSAR 552.236-77, Specifications and Drawings, are supplemented as follows:

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

(2) 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.

III.G. Submittals FAR 52.236-21, Specifications and Drawings for Construction, GSAR 552.236-78, Shop Drawings, Coordination Drawings, and Schedules, and GSAR 552.236-79, Samples are supplemented as follows:

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

(2) 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. 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.

(3) The Contractor shall be entitled to receive notice of action on submittals within a reasonable time, given the volume or complexity of the submittals and the criticality of the affected activities to Substantial Completion as may be indicated in the Project Schedule. The Contractor shall not be entitled to receive notice of action on submittals containing variations from Contract requirements in less than twenty (20) working days.

III.H. Substantial Completion and Contract Completion FAR 52.211-10, Commencement, Prosecution, and Completion of Work, FAR 52.211-12, Liquidated Damages (Construction), and GSAR 552.246-72, Final Inspection and Tests, are supplemented as follows:

(1) For the purposes of FAR 52.211-10, Commencement, Prosecution and Completion of Work, and FAR 52.211-12, Liquidated Damages (Construction), the Work shall be deemed complete

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when it is “Substantially Complete.” The Work shall be deemed "Substantially Complete" if and only if the Contractor has completed the Work and related Contract obligations in accordance with the Contract Documents, such that the Government may enjoy the intended access, occupancy, possession, and use of the entire Work without impairment due to incomplete or deficient work, and without interference from the Contractor's completion of remaining work or correction of deficiencies in completed work. In no event shall the Work be deemed Substantially Complete if all fire and life safety systems are not tested and accepted by the Authority Having Jurisdiction, where such acceptance is required under the Contract.

(2) With reasonable advance notice, the Contractor shall submit to the Contracting Officer a written proposal recommending a Substantial Completion date (Notice of Substantial Completion). The Contracting Officer shall conduct inspections and make a determination of Substantial Completion within a reasonable time. If the Contracting Officer takes exception to the Notice of Substantial Completion, the Contractor shall be entitled to a written notice of conditions precluding determination of Substantial Completion.

(3) The Contractor shall only be entitled to an extension of time to address such conditions if, and to the extent that, the Contracting Officer provides notice of such conditions more than thirty

(30) calendar days after receipt of the Notice of Substantial Completion.

(4) Substantial Completion shall be established by the Contracting Officer's issuance of a written determination specifying the date upon which the Work is Substantially Complete.

(5) The Contract is complete (Contract Completion) if and only if the Contractor has completed all Work and related Contract obligations, corrected all deficiencies and all punch list items, and complied with all conditions for final payment.

(6) Unless otherwise specifically noted, or otherwise clear from context, all references in this Contract to "acceptance" shall refer to issuance of a written determination of Substantial Completion.

(7) The Contractor shall not be entitled to final payment or release of any retainage held by the Government until after Contract Completion. If the Contractor does not achieve Contract Completion within the time required by this Contract, the Government shall be entitled, after providing notice to the Contractor, to complete any work remaining unfinished. The Contractor shall be liable to the Government for all costs incurred by the Government to complete such work.

III.I. Use and Possession…