PAAL_Solicitation_-_Construction_Clauses__05-29-15_Revised.docx

Solicitation Document No.

P15PS01227

Document Title Resurface Palo Alto Battlefield NHP Trails

TABLE OF CONTENTS

SECTION B – Supplies or Services, Cost and or Price SECTION C – Scope of Work/Specifications C.1 Clauses By Reference SECTION E - Inspection and Acceptance E.1 Clauses By Reference SECTION F -- Deliveries or Performance

SECTION G – Contract Administration Data G.1 Clauses by Reference G.2 Electronic Invoicing and Payment G.3 Wage Determinations SECTION H – Special Contract Requirements SECTION I -- Contract Clauses

I.6 I.6

SECTION J

J.1

J.2 SECTION K

- K.1

SECTION L

L.1 L.2 Buy American Act Buy American Act

Contract Clauses Clauses By Reference Attachments Contract Clauses Clauses By References Contract Clauses Clauses by Reference Site Visit

L.3 L.4 L.5 L.6

SECTION M

M.1 M.2

Notice of Requirements For Affirmative Action Preparation Of Proposals Solicitation Provisions By Reference Instructions For The Submission of Offers Contract Clauses Evaluation Factors for Award Evaluation Factors of Award

SECTION B – SUPPLIES OR SERVICES, COST AND OR PRICE- BID SCHEDULE ATTACHED

SECTION C – SCOPE OF WORK/SPECIFICATIONS IS ATTACHED

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/

C.2 SCOPE OF WORK

Scope of Work Resurface Main Battlefield Trails at Visitor Center (PMIS 200039) Palo Alto Battlefield National Historical Park, Brownsville TX 78520-8237 18 March 2015

1. Location and Facilities: This project is located in Brownsville, Texas. The park is entirely in the State of Texas approximately five miles North of downtown Brownsville, at the Northeast corner of the FM 1847 (Paredes Line Road) and FM 511 intersection. The park entrance is approximately 1000 feet North of the FM 1847 – FM 511 intersection on the East side of FM 1847. US Route 77/83 is nearby, and the roads are paved and in good condition. For more information see the Park website at http://www.nps.gov/paal/index.htm .

2. General Requirements: This procurement consists of two (2) Contract Line (Bid) Items and one (1) optional Contract Line (Bid) Item to replace the existing asphalt trail surfaces on the main battlefield trails at the Visitor Center with a 4” concrete trail surface/sidewalk. Attachment 1 shows the breakout of trail sections referenced in the Contract Line Items below:

2a. Contract Line Item 1: Resurface Priority 1 Main Battlefield Trail Sections (apx 1,346 LF).

2b. Contract Line Item 2: Resurface Priority 2 Main Battlefield Trail Sections (apx 558 LF).

2c. Contract Line Item 3 – Option A: Resurface Priority 3 Main Battlefield Trail Sections (apx 630 LF).

A detailed description of the work and the execution of that work can be found in the paragraphs below.

All work shall be accomplished under the supervision of a licensed contractor and according to the Scope of Work, any manufacturer’s instructions, technical specifications and warranty, and the National Park Service’s contractual requirements.

Work shall comply with all applicable codes and regulations of authorities having jurisdiction, i.e., The City of Brownsville, Cameron County and the State of Texas. When there is differing guidance, the more strict guidance shall be followed. The Contractor is responsible for determining the need for and obtaining all necessary permits, and shall provide the National Park Service copies of all inspection reports, notices and similar communications. The Contractor shall notify the Contracting Officer (CO) or Contracting Officer’s Representative (COR) of any varying/differing site conditions, and shall not remove or alter any structural components without prior written approval from the CO or COR.

Work shall be conducted between the hours of 8:00 AM and 5:00 PM, Monday through Friday; however, actual work dates and times shall be coordinated with the Park, CO and/or COR at least ten (10) working days in advance. Disruption to Park visitors and Visitor Center operations shall be kept to a minimum. All material and equipment must be on-hand before any work takes place.

In general, the Park will consider alternatives under the Value Engineering Clause of the solicitation documents; however, those alternatives shall be submitted and approved by the Contracting Officer prior to bids being submitted. The exception being variations or unforeseen site conditions, which result in an opportunity for alternative solutions after demolition or construction has started.

3. Description of Work: The work consists of all labor, materials and equipment to remove and dispose of the existing 4” asphalt trail surface and replace with a 4” concrete trail surface/sidewalk. The main problem with the existing trail is excessive cracking and aging of the existing 4” asphalt trail surface. Existing culverts shall be removed and not replaced. There are 18 culverts total. The Main Battlefield Trail is 8-feet wide.

The existing aggregate base and subgrade materials are in excellent shape along the entire length of the trail. The Park’s intent is to have the existing asphalt trail surface removed while leaving and reusing in-place the existing aggregate base and subgrade materials to support the new concrete trail surface/sidewalk. The remaining aggregate base material shall be re-compacted along the entire length of the trails as needed, and may need to be augmented with new compacted material in some locations depending on the amount of material removed during demolition of the existing asphalt surface, at locations where culverts have been removed, and as necessary for proper re-compaction to support the new concrete trail surface/sidewalk at the proper elevation.

The existing compacted aggregate base material varies between 4” and 10” with a 6” compacted subgrade for a total compacted thickness of 10” to 16” depending on location. Additional excavation, material, and compaction will be required where the trails meet the wooden boardwalk sections of the trail. At these four (4) locations the asphalt has settled and is no longer flush with the wooden boardwalk surface. The settlement is worse at the Boardwalk located out on the Main Battlefield and minimal at the Boardwalk near the Visitor Center. Replacement or repair of the wooden Boardwalks is not part of this project.

Attachment 2 shows typical trail cross-section details for the trail in general, as well as at the culverts and boardwalks. Note: Attachment 2 shows the trails as originally design, but not necessarily constructed, i.e., a 4” layer of asphalt was laid down instead of a 2” layer, and the geotextile fabric was not installed. However, the trail builders have confirmed the base course(s) under the trail meet or exceed what is shown in the drawings.

The new concrete trail surface/sidewalk shall be 4” thick, 3,000 psi to 3,500 psi, with 6 x 6 x10 welded wire fabric, and a medium broom finish perpendicular to the direction of travel. The finished concrete surface shall be flush with any adjacent hardscape surfaces such as the wooden boardwalks or existing concrete sidewalks or paved areas not being replaced as part of this concrete. Welded wire fabric shall break at expansion joints. ½” x 1” deep crack control joints shall be located every 8 feet. Crack control joints shall be tool cut joints accomplished while the concrete is still wet. Edges shall be tooled to a 1/2” radius.

Expansion joints shall replace every third crack control joint, i.e., 32’ intervals. Expansion joints shall be 1/2-inch wide with an appropriate joint sealant over a ½” diameter polyethylene backer rod and ½” expansion joint filler material extending the full depth of the concrete trail surface/sidewalk. Sealant color shall match the concrete color as closely as possible. Top of backer rod shall be ¾” below concrete surface and a closed-cell type, unless approved otherwise. Joint filler material shall be asphalt-saturated cellulosic fiber, unless approved otherwise.

All expansion joints are to be bridged with 24-inch long dowels extending an equal distance into the adjacent concrete on each side of the expansion joint at the center of the sidewalk depth. Dowels shall be spaced 24” apart and 12” in from the edge of the concrete trail surface/sidewalk, i.e., 4 dowels equally spaced. Dowels shall be sleeved stainless steel or epoxy coated rebar. The Contractor shall size and install dowels in accordance with American Concrete Institute (ACI) guidelines. The Park’s preference is for the lower cost alternative to be used.

Expansion joints and dowels shall be used at any locations where the new concrete trail ties into the existing sidewalk around the Visitor Center. Caution shall be used to avoid cracking the existing concrete sidewalk when drilling holes for the dowels. Dowels shall be epoxied into the existing sidewalk. Note: Dowels are not required where the new concrete trails meet the wooden boardwalks.

The Contractor shall ensure the concrete guidelines specified above are in accordance with the American Concrete Institute (ACI) guidelines and any other applicable codes or regulations of authorities having jurisdiction. Any discrepancies or questions shall be brought to the attention of the Contracting Officer or the Contracting Officer’s Representative for resolution/clarification prior to submitting any bid proposals.

Contractor shall fill in any voids remaining from formwork with material removed to install the formwork or material approved by the Park.

Note: The existing asphalt trails vary slightly in length, i.e., the existing 8-foot wide trail varies between 8’ and 8’-8” in a few locations. If the optional contract line (bid) item is not awarded, the Contractor shall taper the existing asphalt trail to 8’-0” as necessary where it meets new concrete trail/sidewalk sections, as well as accomplish any needed patching, to ensure a smooth transition from asphalt to concrete. The entire area requiring tapering, etc., is less than one (1) square yard.

4. Submittals: Submittals shall be transmitted to the Contracting Officer’s Representative using NPS form CM-16. Submittals shall be provided for the following as a minimum:

- Work plan, including drawings/sketches, describing how the work will be accomplished and concrete mix.

- Manufacturer’s “cut-sheets” and guidelines/instructions, etc., for welded wire fabric, stainless steel dowels or epoxy coated rebar and sleeves.

- Manufacturer’s “cut-sheets” and guidelines/instructions, etc., for joint sealant, backer rods and joint fill material.

- Proposed Construction Schedule/Schedule of Values.

- Following Project Completion -- Debris Disposal Breakdown, i.e., quantities, by weight, of materials recycled, disposed of in landfills, etc.

Submittals will be returned to the contractor within ten (10) working days and marked in one of three ways as defined below:

Approved: Accepted with no corrections.

Approved with Notations: Minor corrections or clarifications are required. All comments are clear and no further review is required. The Contractor shall address all review comments when proceeding with the work.

Disapproved – Resubmit: Rejected as not in accordance with the contract or requires major corrections or clarifications. The COR will identify the reason for disapproval. The Contractor shall revise and resubmit with the changes clearly identified.

5. Quality Control: The quality of work shall be the responsibility of the Contractor. Inspect and/or test all work as needed to ensure the quality of materials, workmanship, construction, finish, and functional performance is in compliance with the statement of work, applicable codes and manufacturers’ instructions. The Contractor shall designate a Quality Control Supervisor.

6. Safety: The Contractor shall meet established NIOSH and OSHA safety standards, and also take special care to reduce risk or exposure to the public. Every effort shall be made to minimize dust and dirt from the construction. There is no requirement to keep the trail open while work is underway, but some barriers may be required to ensure safety of the work crews and public. Care shall be taken to prevent sources of ignition during construction. The battlefield is a grass field which can become quite dry periods of minimal rainfall. Flammable or combustible materials shall be securely stored or removed from the site at the end of the work day.

The Contractor will be provided a copy of the Park’s Contractor Safety and Security Checklist at or before the preconstruction meeting. The checklist shall be reviewed and signed by the Contractor before the start of construction.

7. Product Handling: Storage of materials will be permitted on site, but only in areas designated by the Park. Materials shall be stored safely and roped off if necessary depending on the designated storage area. At the end of construction, and before final payment, the Contractor shall ensure the area is free of material and/or other debris. The Contractor shall comply with all legal load restrictions in the hauling of materials.

8. Recycling and Waste Management: The Contractor shall employ processes that ensure the generation of as little waste as possible. Minimize waste generation due to over-packaging, poor planning, breakage, mishandling, contamination, error or other factors. Of the waste generated, as much as is economically feasible shall be reused, salvaged or recycled. Waste disposal in landfills shall be minimized. All material unsuitable for recycling must be disposed of, in a legal manner, at public or private dumping areas outside the park.

Materials that may be recycled include but are not limited to the following:

• Cardboard, paper, packaging

• Clean dimensional wood, pallet wood

• Beverage containers

• Drywall

• Paint

• Glass

• Plastics

In accordance with Paragraph 4, the Contractor shall provide a breakdown, by weight, of materials reused, recycled and/or disposed of in landfills. To the maximum extent possible, every effort shall be made to reuse or recycle materials vice disposing of in landfills.

9. Project Schedule and Schedule of Values: After contract award and before the Pre-Construction Meeting, the Contractor shall submit a project schedule and Schedule of Values for the CO’s approval. The Schedule of Values shall break the lump sum contract price into component parts of the construction work for which progress payments maybe requested, i.e., removal and disposal of the existing trail, excavation, completion of base course, asphalt overlay, installation of resilient athletic surface, final grading, clean-up, etc., for which progress payments may be requested. The CO may request data to verify the accuracy of dollar values. Include mobilization, general condition costs, overhead and/or profit in the total dollar value of the component parts. Do not include mobilization, general condition costs, overhead and/or profit as a separate item. The cost of all items shall equal the contract sum. The Schedule of Values will form the basis for progress payments, i.e., progress payments during construction will be based on the percentage of work completed according to the approved Schedule of Values. An acceptable Schedule of Values shall be agreed upon by the Contractor and the CO before the first progress payment is processed. Note: The Contractor’s schedule shall minimize the amount of time the existing base materials are exposed to the elements before the new concrete trail surface/sidewalk is constructed. The objective of this is to minimize possible damage due to the base materials due to rainfall.

10. Attachments: The following documents referenced above in the Statement of Work are included as attachments:

- Atch 3 – Contractor Safety and Security Checklist.

- Atch 4 – CM-16, Transmittal Form – National Park Service.

11. Warranty: The Contractor shall provide a written one (1) year warranty for all concrete and associated work, and manufacturer’s standard warranty for joint sealant, backer rods, joint fill material, dowels (stainless steel or epoxy coated rebar).

12. Site Visits: A site visit shall be coordinated and scheduled with the Park and Contracting Officer’s Representative prior to submitting any proposals. The site visit is critical to answering any contractor questions and ensuring a clear understanding of the scope of work and contract requirements. Measurements are only estimates and the bidder shall be responsible for all critical measurements and dimensions used for ordering materials, components, etc., for accomplishing the work. Site visits can be coordinated and scheduled by contacting Doug Murphy, 956-541-2785 x 330, e-mail douglas_murphy@nps.gov, or Jim Sohan, 210-534-8875 x 245, e-mail james_sohan@nps.gov.

13. Evaluation and Source Selection: Selection will be based on the Best Value to the Government via a Lowest Price Technically Acceptable (LPTA) process. Award will be made to the lowest cost proposal that meets or exceeds the Government’s requirements for capability. The evaluation factors for determining capability will be Past Experience and Past Performance.

13a. Past Experience: Past Experience is differentiated from Past Performance in that this is factual, documentable information about specific work the contractor has performed. The Government will consider the contractor’s experience, knowledge, understanding, and familiarity with sidewalk construction.

Quoters shall provide a narrative summary of their past experience in sidewalk construction, including a list of at least three(3), but not more than (5) prior projects, indicating the customer, the scope and magnitude of the work, and any specific information that demonstrates similarities with the work solicited herein. Please also submit a list of individuals who will be involved in the performance of work, and identify the specific experience of those individuals.

13b. Past Performance: Past Performance is a measure of the degree to which a contractor has satisfied its customers in the past. The currency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance shall be considered. NPS may contact references provided by the contractor, in-house staff with knowledge of the contractor, or references obtained from any other source. The Government may consider the contractor’s success in satisfying customers in the following areas:

- Meeting or exceeding schedule requirements

- Professionalism and quality of work

- Reasonableness and cooperation in negotiating changes

- Flexibility in adapting to new requirements or unplanned obstacles

Quoters shall provide examples of at least three (3), but not more than five (5) past or current contracts, for efforts similar to the nature of this procurement, i.e., sidewalk construction specifically, but Past Performance on other similar concrete construction, i.e., pavements, pads, etc., is also acceptable. These examples shall include any information on problems encountered on these contracts with the quoter’s corrective actions as well as any commendations. The source selection authority shall determine the relevance of similar past performance information. In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available, the quoter may not be evaluated favorably or unfavorably on past performance. Note: For evaluating Past Performance relevant work is not necessarily limited to the application of 2-component Polyurethane coatings, provided it is similar in nature and complexity to the work required under this solicitation, e.g., the application of high-performance acrylics or other coatings and paints (oil-based), and demonstrate an ability to successfully complete the required work as described in the Scope of Work.

14. Points of Contact:

Contractual - Contracting Officer (CO) Marsha Wagner 830-868-7128 x 223 Marsha_Wagner@nps.gov Lyndon B. Johnson NHP P.O. Box 329 Johnson City, TX 78636

Project Inspector Doug Murphy 956-541-2785 x 330 Douglass_Murphy@nps.gov Palo Alto Battlefield National Historical Park 1623 Central Blvd, Rm 213 Brownsville, TX 78520

Contracting Officer’s Representative (COR)/Project Manager (Technical) Jim Sohan 210-534-8875 x 245 210-843-0799 (Cell) James_Sohan@nps.gov San Antonio Missions NHP 2202 Roosevelt Ave San Antonio, TX 78210

SECTION E – INSPECTION AND ACCEPTANCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/

SECTION F -- DELIVERIES OR PERFORMANCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 calendars after receipt of the Notice to Proceed. * The time stated for completion shall include final cleanup of the premises.

The Contractor shall complete all work in accordance with the following schedule:

· Anticipated contract award: 8/1/2013

· Contractor shall submit acceptable bonds (if applicable), proof of insurance & project specific safety plan within 10 days of contract award

· Notice-to-proceed shall be issued by the Government after review and acceptance of contractor’s bonds (if applicable), insurance and safety plan

· Commence off-site work under this contract within 10 calendar days after the notice-to-proceed

· On-site work shall not commence prior to 8/17/15 unless the contractor receives written approval from the Contracting Officer

· All work to be substantially complete by 2/17/15

· The contractor shall complete all punch list items within 30 days of issuance of notice of substantial completion

a) If the contractor believes they will not be able to substantially complete the work within the period of performance noted above then the contractor shall notify the Contracting Officer prior to signing and accepting contract award.

b) The Government shall issue a notice to proceed for work within 7 days of receipt of acceptable bonds, proof of insurance and project specific safety plan. The contractor shall commence off-site work within 10 days of issuance of the notice to proceed for work. The contractor shall neither commence work nor incur subcontractor or supplier expenses prior to issuance of the notice-to-proceed.

c) Period of Performance: Submit written certification that the work is substantially complete and request a substantial completion inspection by the date noted above. Substantial completion shall include final cleanup of the premises.

d) Within 10 days of receipt of the request for substantial completion the Government shall perform an inspection.

i) If the Government determines the work is substantially complete then the Government will issue a letter of substantial completion with a list of deficiencies (punch list) that the contractor shall correct prior to final acceptance.

ii) If the Government determines that the work is not substantially complete then the Government may, at its option assess liquidated damages, hold the contractor in default of the task order or negotiate a price adjustment & / or time extension.

e) Within 30 days of receipt of the punch list the contractor shall correct all noted deficiencies and shall submit written certification that all listed deficiencies have been corrected and request final inspection.

f) Within 10 days of receipt of the request for final inspection the Government shall perform an inspection.

i) If the Government determines all listed deficiencies have been corrected then the Government will issue a letter of final acceptance.

ii) If the Government determines that all listed deficiencies have not been corrected within 30 days of issuance of the punch list then the Government may, at its option hold the contractor in default of the task order, apply liquidated damages, or negotiate a price adjustment and / or time extension.

SECTION G - CONTRACT ADMINISTRATION DATA FEB 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Internet Payment Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

___Copy of Company Invoice_________________________

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone(866)973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

G.3 WAGE DETERMINATIONS

General Decision Number: TX150008 01/02/2015 TX8

Superseded General Decision Number: TX20140008

State: Texas

Construction Types: Heavy and Highway

Counties: Cameron, Hidalgo and Webb Counties in Texas.

HEAVY & HIGHWAY CONSTRUCTION PROJECTS

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

* SUTX2011-003 08/02/2011

Rates Fringes

CEMENT MASON/CONCRETE

FINISHER (Paving & Structures)...$ 12.46

FORM BUILDER/FORM SETTER

(Structures).....................$ 12.30

FORM SETTER (Paving & Curb)......$ 12.16

LABORER

Asphalt Raker...............$ 10.61 Flagger.....................$ 9.10 Laborer, Common.............$ 9.86 Laborer, Utility............$ 11.53 Pipelayer...................$ 11.87 Work Zone Barricade Servicer....................$ 12.88

POWER EQUIPMENT OPERATOR:

Asphalt Distributor.........$ 13.48 Asphalt Paving Machine......$ 12.25 Broom or Sweeper............$ 10.33 Crane, Lattice Boom 80 Tons or Less................$ 14.39 Crawler Tractor.............$ 16.63 Excavator, 50,000 lbs or less........................$ 12.56 Excavator, over 50,000 lbs..$ 15.23 Foundation Drill, Truck Mounted.....................$ 16.86 Front End Loader Operator, Over 3 CY...................$ 13.69 Front End Loader, 3 CY or less........................$ 13.49 Loader/Backhoe..............$ 12.77 Mechanic....................$ 15.47 Milling Machine.............$ 14.64 Motor Grader Operator, Rough.......................$ 14.62 Motor Grader, Fine Grade....$ 16.52 Scraper.....................$ 11.07

Servicer.........................$ 12.34

Steel Worker (Reinforcing).......$ 14.07

TRUCK DRIVER

Lowboy-Float................$ 13.63 Single Axle.................$ 10.82 Single or Tandem Axle Dump..$ 14.53 Tandem Axle Tractor with Semi Trailer................$ 12.12

WELDER...........................$ 14.02

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

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.

Washington, DC 20210

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

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

Washington, DC 20210

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

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

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

Washington, DC 20210

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

END OF GENERAL DECISION

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 52.228-7 INDEMNIFICATION NOV 2007

The contractor is an 'independent contractor' and shall obtain all necessary insurance to protect himself from liability arising out of this contract.

The contractor hereby agrees to indemnify and hold the Government harmless in connection with, any loss or liability from damage to or destruction of property or from injuries to or death of persons (including the agents and employees of both parties) if such damage, destruction, injury or death arises out of, or is caused by performance of work under this contract, unless such damage, destruction, injury or death is caused solely by the negligence of the Government, its agents or employees. The contractor agrees to include this clause, appropriately modified, in all subcontracts to be performed under this contract.

(End of Clause)

SECTION I -- CONTRACT CLAUSES

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Provisions

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$ 200,000 each person $ 500,000 each occurrence $ 20,000 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

I.4 52.228-13 Alternative Payment Protections.

As prescribed in 28.102-3(b), insert the following clause:

ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within _________ days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

I.5 52.228-14 Irrevocable Letter of Credit. NOV 2014 As prescribed in 28.204-4, insert the following clause:

(a) “Irrevocable letter of credit” (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.

(b) If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

(c) The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and—

(1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period;

(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be:

(i) For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of—

(A) One year following the expected date of final payment;

(B) For performance bonds only, until completion of any warranty period; or

(C) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following final payment.

(ii) For contracts not subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of—

(A) 90 days following final payment; or

(B) For performance bonds only, until completion of any warranty period.

(d)(1) Only federally insured financial institutions rated investment grade by a commercial rating service shall issue or confirm the ILC.

(2) Unless the financial institution issuing the ILC had letter of credit business of at least $25 million in the past year, ILCs over $5 million must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.

(3) The Offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institutions have the required credit rating as of the date of issuance of the ILC.

(4) The current rating for a financial institution is available through any of the following rating services registered with the U.S. Securities and Exchange Commission (SEC) as a Nationally Recognized Statistical Rating Organization (NRSRO). NRSRO’s can be located at the website http://www.sec.gov/answers/nrsro.htm maintained by the SEC.

(e) The following format shall be used by the issuing financial institution to create an ILC:

[Issuing Financial Institution’s Letterhead or Name and Address]

Issue Date __________

Irrevocable Letter of Credit No. _______________________

Account party’s name _______________________________

Account party’s address ______________________________

For Solicitation No. _________________ (for reference only)

To: [U.S. Government agency]

[U.S. Government agency’s address]

1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States $______. This Letter of Credit is payable at [issuing financial institution’s and, if any, confirming financial institution’s] office at [issuing financial institution’s address and, if any, confirming financial institution’s address] and expires with our close of business on ___________, or any automatically extended expiration date.

2. We hereby undertake to honor your or the transferee’s sight draft(s) drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with this Letter of Credit and confirmation, if any, at the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date.

3. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this Letter of Credit that it is deemed to be automatically extended without amendment for one year from the expiration date hereof, or any future expiration date, unless at least 60 days prior to…