Amendment_2_Wage_Determination.docx

W9115118B0023

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The 'issued by' organization has changed from

MISSION AND INSTALLATION CONTRACTING

MISSION CONTRACTING OFFICE (MCO)

36000 DARNALL LOOP, ROOM 1300B

FORT HOOD TX 76544-5095

to

MISSION AND INSTALLATION CONTRACTING

MISSION CONTRACTING OFFICE (MCO)

36000 DARNALL LOOP, ROOM 1300B

FORT HOOD TX 76544-5025

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been modified:

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

Amendment 0001 – Changed the bid opening date and time.

Amendment 0002 – Replaced Wage Determination with new Revised Wage Determination.

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been added by full text:

WAGE DETERMINATION

General Decision Number: TX180279 09/14/2018 TX279

Superseded General Decision Number: TX20170279

State: Texas

Construction Type: Building

County: Bell County in Texas.

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

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/05/2018 1 07/06/2018 2 09/14/2018

BOIL0074-003 01/01/2017

Rates Fringes

BOILERMAKER......................$ 28.00 22.35

ENGI0178-005 06/01/2014

Rates Fringes

POWER EQUIPMENT OPERATOR

(1) Tower Crane.............$ 29.00 10.60

(2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above.....$ 28.75 10.60

(3) Hydraulic cranes 59 Tons and under..............$ 27.50 10.60

* IRON0084-011 06/01/2018

Rates Fringes

IRONWORKER, ORNAMENTAL...........$ 23.77 7.12

PLUM0286-011 06/04/2018

Rates Fringes

PIPEFITTER (Excludes HVAC Pipe Installation)...............$ 29.50 12.82

SUTX2014-005 07/21/2014

Rates Fringes

BRICKLAYER.......................$ 19.09 0.00

CARPENTER, Excludes Drywall Hanging, and Metal Stud Installation.....................$ 17.28 1.71

CEMENT MASON/CONCRETE FINISHER...$ 14.00 0.00

DRYWALL HANGER AND METAL STUD

INSTALLER........................$ 14.59 0.00

ELECTRICIAN (Low Voltage Wiring Only).....................$ 28.28 2.44

ELECTRICIAN, Excludes Low Voltage Wiring...................$ 20.50 2.71

HVAC MECHANIC (HVAC Pipe Installation Only)...............$ 15.50 0.00

HVAC MECHANIC (Installation of HVAC Unit Only)...............$ 16.01 1.56

INSULATOR - MECHANICAL

(Duct, Pipe & Mechanical System Insulation)...............$ 19.77 7.13

IRONWORKER, REINFORCING..........$ 13.35 0.00

IRONWORKER, STRUCTURAL...........$ 18.35 4.90

LABORER: Common or General......$ 10.53 0.00

LABORER: Mason Tender - Brick...$ 9.98 0.00

LABORER: Mason Tender - Cement/Concrete..................$ 9.93 0.00

LABORER: Pipelayer..............$ 12.49 2.13

LABORER: Roof Tearoff...........$ 11.28 0.00

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 13.10 1.24

OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 13.93 0.00

OPERATOR: Bulldozer.............$ 18.29 1.31

OPERATOR: Drill.................$ 16.22 0.34

OPERATOR: Forklift..............$ 14.00 0.00

OPERATOR: Grader/Blade..........$ 14.34 1.68

OPERATOR: Loader................$ 13.88 0.44

OPERATOR: Mechanic..............$ 17.52 3.33

OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 16.03 0.00

OPERATOR: Roller................$ 13.11 0.00

PAINTER (Brush, Roller, and Spray)...........................$ 15.00 0.81

PLUMBER, Excludes HVAC Pipe Installation.....................$ 21.18 7.57

ROOFER...........................$ 13.75 0.00

SHEET METAL WORKER (HVAC Duct Installation Only)...............$ 18.71 4.90

SHEET METAL WORKER, Excludes HVAC Duct Installation...........$ 14.89 1.55

SPRINKLER FITTER (Fire Sprinklers)......................$ 15.46 0.00

TILE FINISHER....................$ 11.22 0.00

TILE SETTER......................$ 14.74 0.00

TRUCK DRIVER: Dump Truck........$ 11.50 1.10

TRUCK DRIVER: Flatbed Truck.....$ 19.65 8.57

TRUCK DRIVER: Semi-Trailer Truck............................$ 12.50 0.00

TRUCK DRIVER: Water Truck.......$ 12.00 4.11

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

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

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

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 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

The following have been modified:

SPECIAL PROVISIONS

PERFORMANCE AND PAYMENT BONDS FOR CONSTRUCTION CONTRACTS AND MODIFICATIONS

The Contractor shall provide one of the payment protections identified in FAR 52.228-15, Alternative Payment Protections within the time specified in Block 12b of the SF 1442 (Far 28.102-1(b)(1)). Failure to provide executable documents within the stipulated timeframe may result in a payment delay or a termination action.

FAR 52.228-2, Additional Bonds Security, requires the Contractor to promptly furnish additional security if (a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government;(b) Any surety fails to furnish reports on its financial condition as required by the Government; (c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer; or (d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC’s scheduled expiration, the Contracting officer has the right to immediately draw on the ILC.

AWARD OF CONTRACT AND NOTICE TO PROCEED (NTP)

A 30-day mobilization period is incorporated into the period of performance to allow for pre-construction tasks (this time is allocated for the contractor’s use in submission of performance and payment bonds (see Block 12a and 12b of the SF 1442 and FAR 52.228-15), submission of the progress schedule (FAR 52.236-15), notifications to the State for special construction requirements, requesting dig permits, material submittals and subcontractor agreements).

A Notice to Proceed will be given only after approval of required payment protection submitted in accordance with FAR Subpart 28. Standard Forms 25 and 25A are available at http://www.gsa.gov/Portal/gsa/ep/formslibrary.

No billable work shall commence under this contract/ modification until after the contractor receives the NTP.

Work shall commence on the job site no later than the 31st calendar day following the date of contract award, and all construction and contractual requirements shall be completed no later than the ending date of the period of performance cited in this contract.

PROGRESS SCHEDULES (see also Division 1 General Requirements Specifications below)

During the solicitation phase of the procurement, the contractor shall develop and submit with its bid/proposal, a draft progress schedule, specifically tailored to the requirements in the solicitation and related plans, drawings and technical specifications. This schedule will be used to validate the contractor’s understanding of the various activities necessary to complete the contract within the stipulated timeframe stated at Block 11 of the Standard Form 1442. The progress schedule shall contain, as a minimum, every division of work, and every definable element of work within each division of work; e.g., mobilization of a trade activity, preparatory meetings, any demolition phases, installation phases, and inspection phases.

No later than the tenth calendar day following receipt of notification of award, the contractor shall deliver to the Contracting Officer a completed progress schedule as described in this section. In the event of a contract modification affecting individual work elements and/or overall construction completion, the contractor shall submit a revised progress schedule for review and approval within five calendar days of receipt of such modification. The Schedule shall be digially signed by the Contractor and delivered to the Contracting Officer, with a copy furnished any agents or representatives identified elsewhere in the contract.

The progress schedule shall demonstrate the flow of work from contract award through final inspection and acceptance. It must display a time table, in weeks, of the contractor’s method of prosecuting the work, and show a percentage and dollar value correlation of each division of work to the whole project (contract) value. Items with long lead times (Monaco panels, locks, building kits, etc.) should be reflected on the schedule as benchmarks for order placement. The schedule shall be electronically submitted for Government review and Contracting Officer approval.

Failure to provide the required schedule in the time allotted will become a basis for termination of the contract.

CONSTRUCTION CONTRACT PROGRESS PAYMENT REQUESTS

The Contractor shall read and be familiar with FAR Clause 52.232-5, Payments Under Fixed Price Construction Contracts, and 52.232-27, Prompt Payment for Construction Contracts.

FAR Clause 52.232-5 stipulates that the Government shall make progress payments monthly as work proceeds.

Each progress payment request shall include all of the elements delineated at sub-paragraph (b)(1)(i)-(v). Failure to comply with the minimum requirements in this reference will result in immediate rejection of the invoice until corrected.

Further sub-paragraph (e), Retainage, will be enforced. Relating back to the requirements for an appropriately detailed progress schedule, progress reports and progress payment requests shall be prepared in the same format as the approved progress schedule. Every definable element of work will be shown on every progress report and every payment request. For every element of work not completed by the approved time (late performance), the Contracting Officer will retain the maximum 10% of the amount of the payment of each incident of late performance until the work is satisfactorily completed and inspected in accordance with instructions and standards identified elsewhere in this contract.

Further, sub-paragraph (g), Reimbursement for bond premiums, will be enforced. The contractor shall provide evidence of payment of bond premiums paid to the surety (including coinsurance and reinsurance) before being allowed to submit for reimbursement of those expenditures in a progress payment request.

FAR Clause 52.232-27 (a)(i)(A) discusses the due date for making progress payments as 14 days after the designated billing office receives a PROPER payment request (see discussion above). The Contracting Officer will date/time stamp receipt of each progress payment request package when it is delivered. That date/time will mark day one of the 14-day period for payment IF there is no disagreement over quantity, quality, or contractor compliance with contract requirements. If there is a disagreement in quantity, quality, or contractor compliance with any aspects of the contract at the time of delivery of the invoice, the invoice date/time stamp will be stricken through, initialed and returned to the contractor for correction. This effectively stops the clock and it will start over when a properly executed invoice is delivered to the Contracting Officer.

In accordance with DFARS 252.232-7003, the Contracting Officer hereby determines that the following process is in compliance with DFARS: Once the invoice has been certified by the Contracting Officer, AND the contractor receives a signed copy, the contractor shall initiate a Construction Payment Invoice in WAWF, and route it directly to the COR identified in this contract. The DODAAC that will be used in preparing the WAWF invoice is “W45NQ9”. When the COR receives the WAWF invoice, he/she will verify the information submitted with the (local progress payment request form) approved invoice; if all information between the two documents is verified as correct and appropriate, the COR will perform the role of Acceptor, and approve the invoice forward to the DFAS for processing of the payment.

For contracts with a period of performance of 60 days or less the Contracting Officer has determined that no progress payment will be authorized. The Contractor shall be entitled to bill the Government for such projects only after completing a final inspection (and clearing any punch list generated), completion of any applicable O&M classes (to be coordinated with the COR), submission of final paperwork (i.e., as built drawings, DD 1354), and after confirming all certified payroll records have been submitted to the Government.

For projects negotiated with a longer performance period, progress payments are authorized one time each month, up to 80% of the project cost, but only after approval of a construction progress schedule, and only in the amounts verified on subsequently approved progress reports. Progress payment invoices will not be processed in the same week as the progress report is submitted. No progress payments are authorized above 80% of the contract value.

AVAILABILITY AND USE OF UTILITY SERVICES

In accordance with FAR Clause 52.236-14, Availability and Use of Utility Services, water and electricity are furnished by the Government for the Contractor's use at no charge and in the performance of construction work at the job site, but only to the extent that their use is necessary to complete the work and the utilities are readily available at the site. Any usage of these utilities beyond what is needed to complete construction work at the job site or exceeds that which is readily available at the job site, and approved for use by the Contracting Officer, shall be furnished by the Contractor at its own expense. These utilities are provided provisionally and only to the extent that is necessary to facilitate the work. This authority can be revoked if the Government witnesses that utilities are being wasted; e.g., lights being left on when no work is being done or water is being left on unattended for any extended amount of time. Failure of the Contractor to comply with this request to conserve and preserve these utilities will result in the Contractor entering into individual metering agreements at the job site and paying for the use of these utilities.

In reference to FAR Clause 52.236-10, Operations and Storage Areas, SHOULD the Contractor be AUTHORIZED to establish a field operations office or a temporary staging area under this contract, it shall be responsible for consumption of available utilities. Prior to commencement of work under the contract, the contractor shall sign a utility metering agreement with the Directorate of Public Works Utilities Section, Bldg 4612 on 77th Street and Santa Fe Avenue. Prior to final payment under the contract, the contractor shall pay any outstanding utility charges and provide a copy of the paid invoice to the Contracting Officer as evidence of compliance. . If the solicitation does not provide for such arrangements, and the contractor did not receive separate approval for the establishment of such facilities/space from the Contracting Officer, no such authorization is assumed. Any costs incurred for the establishment of field operations facilities after contract award are made solely at the contractor’s cost, and without compensation by the Government. There shall be no squatting on the job site.

WRITTEN GUARANTEES AND GUARANTOR'S REPRESENTATIVE

The Government is entitled to all standard commercially offered warranties/guarantees. The Contractor shall obtain all warranties, have them executed in writing, and furnish them to the Contracting Officer prior to final inspection.

Additionally, the documentation shall include the name, address, and telephone number of the guarantor's representative responsible for the guarantee during the warranted period, and who will provide warranty related services covered by the warranty/guarantee. The existence of any commercial manufacturer’s warranties does not relieve the contractor of responsibilities indentified in FAR clause 52.246-21.

DOCUMENTATION TO SUPPORT SUBCONTRACT AWARDS

Within five calendar days after the award of any subcontract, the Contractor shall deliver a completed SF Form 1413 (Statement and Acknowledgment) to the Contracting Officer. Each subcontract shall contain, as a minimum, the Contract Number, Task Order Number (if applicable), and Title. The subcontract must clearly identify what the subcontractor will be performing in relation to other trades on the job. All subcontracts shall contain the anticipated period of performance that correlates with the approved Progress Schedule for that Division of work. A sample format shall be submitted for Contracting Officer approval prior to commencement of work under this contract.

FAR Clause 52.222-11, entitled "Subcontracts (Labor Standards)", requires that the clauses listed therein be physically inserted in all subcontracts. However, if the Contractor subcontracts by means of purchase orders or other informal types of contractual situations, compliance will be considered provided if clauses are attached to the subcontract form. Written acknowledgement by the subcontractor of these Labor Standards is required.

Incorporation by reference does not constitute compliance.

RELATIONSHIP BETWEEN GOVERNMENT, CONTRACTOR AND CONTRACTOR PERSONNEL

The Government and the Contractor understand and agree that the services to be delivered under this contract are non-personal services and that no employer-employee or master-servant relationship exists or will exist under the contract between the Government and the Contractor or between the Government and the Contractor’s personnel.

Further, the Contractor is not the Government's agent. The Government will not exercise any supervision or control over Contractor personnel performing services under this contract. Contractor personnel shall not become an integrated part of the Government organization in connection with performance under this contract.

The work required under this contract does not require or authorize the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees shall act and exercise personal judgment and discretion on behalf of the Contractor.

Contractor personnel shall not be eligible, by virtue of performance under this contract, for payment by the Government of entitlements and benefits accorded federal employees. The entire consideration to the Contractor for performance of this contract is contained in the provisions for payment set forth in this contract.

The Contractor shall:

1) Schedule and administer meetings throughout the progress of the work at maximum monthly intervals, every 2-weeks is preferred intervals.

2) Make arrangements for meetings, prepare agenda and transmit the agenda NLT 3 working days prior to the scheduled meeting.

3) Provide written documentation of the meeting minutes for review and acceptance by all present within 3 working days of each meeting.

Insurance Requirements

TYPE AMOUNT

Workers' Compensation (See Note) $100,000 Comprehensive General Liability Insurance for Bodily Injury $500,000 per occurrence Comprehensive Automobile Liability $200,000 per person $500,000 per occurrence for bodily injury $20,000 per occurrence for property damages

NOTE: Workers' Compensation will be provided as regulated by the Division of Workers' Compensation, issued by a Texas Department of Insurance (TDI) licensed insurer, regulated by the TDI and guaranteed by the Texas Property and Casualty Insurance Guaranty Association.

The following have been deleted:

WAGE DETERMINATION

(End of Summary of Changes) image1.wmf