W9128F20Q0062_Solicitation.pdf

COE PIPESTEM LAKE PROJECT

DAVID BECK

US ARMY CORPS OF ENGINEERS

PIPESTEM LAKE PROJECT CENWO-OD-GA-N

8125 31ST STREET SE

JAMESTOWN ND 58401

TEL: 701-654-7754 FAX:

W59XQG01430303

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W9128F20Q0062 10-Jul-2020 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this

Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

10-Aug-2020(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

701-654-7748RACHAEL M HAMMOND

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

W9128F20Q0062

Section A - Solicitation/Contract Form

SUBMISSION DATE AND TIME

End of Business Day is 4:00pm (CDT)

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1,335 Gallon Fog Seal CSS-1H

FFP

Fog Seal CSS-1H FOB: Destination

MILSTRIP: W59XQG01430303

PURCHASE REQUEST NUMBER: W59XQG01430303

PSC CD: Z2LB

NET AMT

0002 10,679 Gallon Emulsified Asphalt CRS-2P

FFP

Emulsified Asphalt CRS-2P FOB: Destination

MILSTRIP: W59XQG01430303

0003 334 Dry Ton Cover Coat Material Class 41

FFP

Cover Coat Material Class 41 FOB: Destination

0004 1 Job Traffic control

FFP

Traffic control FOB: Destination

0005 2,300 Linear

Foot

Short Term Painted 4-Inch Line

FFP

Short Term Painted 4-Inch Line FOB: Destination

0006 22,015 Linear

Pavement Markings Painted 4-inch Line

Pavement Markings Painted 4-inch Line FOB: Destination

0007 265 Square

Pavement Markings Painted - Message

Pavement Markings Painted - Message FOB: Destination

0008 170 Linear

Remove and Replace 3-Cable Guardrail

Remove and Replace 3-Cable Guardrail FOB: Destination

PRICING SCHEDULE

PRICING SCHEDULE

ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT

BASIC ITEMS

Fog Seal CSS-1H

Gal $_______ $_______

Emulsified Asphalt CRS-2P

10679

Gal $_______ $_______

Cover Coat Material Class 41

Ton $_______ $_______

Traffic control

LS $_______ $_______

0005 Short Term Painted 4-Inch Line 2300 LF $_______ $_______

Pavement Markings Painted 4-inch Line

22015

LF $_______ $_______

Pavement Markings Painted - Message

SF

Remove and Replace 3-Cable Guardrail

LF

TOTAL AMOUNT (ITEMS 1 THRU 8) $_________________

NOTES:

1. Prices must be entered for all items of the schedule. CLIN amounts submitted without unit prices will be rejected. All amounts shall be subject to verification by the Government. In the event of a discrepancy between the unit price and the CLIN amount, the unit prices will be considered the bid.

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

PIPESTEM DAM BITUMINOUS SEAL COAT

1.0 General Information.

1.1 Background.

1.1.1 Pipestem Dam is located on the Pipestem Creek Northwest of Jamestown, North Dakota. The Pipestem Dam Crest Road was rebuilt in 2009 from Sta. 32+00 to Sta. 83+62 with 6 inches of salvaged bituminous base course and 2 inches of asphalt pavement. The Pipestem Dam Access Road was overlaid in 2013 from Sta. 0+00 to Sta. 32+00 with 2 inches of asphalt pavement.

1.2 Scope of Work.

The Contractor shall accomplish the following tasks:

The Contractor is responsible for applying a bituminous seal coat with an additional fog seal on the asphalt access road (31st St. SE) and crest road from US Highway 52/281 through the project to the parking area at the west end of Pipestem Dam. This also includes the Pipestem Dam office entrance road.

The bituminous seal coat shall consist of emulsified asphalt applied to the existing asphalt pavement at a rate of 0.4 gallons per SY. After the application of the emulsified asphalt, Class 41 Aggregate shall be applied uniformly at a rate of 25 pounds per SY onto the emulsified asphalt with an aggregate spreader.

The aggregate will be rolled with a self-propelled pneumatic-tired roller immediately behind the spreader and continue for a minimum of four complete passes. Following preparation of the surface, a water diluted asphalt emulsion Fog Seal shall be applied at a rate 0.05 Gallons per SY.

After minimum cure time of the Fog Seal the contractor shall apply roadway pavement marking as per NDDOT Section 762 Pavement Marking and Detail D-762-4 Rural Roadway.

A single 4-inch white line along both shoulders and centerline marking as per Table 1 located on the drawings.

1.3 Period of Performance: The period of performance shall be 365 days after date of award.

1.4 Contractor Personnel

1.4.1 The contractor shall perform the preponderance of work under this contract using his or her own forces except as provided in Paragraph 1.4.2 Subcontracting. Employees who perform this work shall be qualified persons on the contractor’s own payroll. The contractor is required to be a NDDOT qualified contractor to perform this work.

1.4.2 Subcontracting. Subcontracting is permissible for work such as striping, replacement of guardrail and traffic control signage performed under this contract. Any additional work to be subcontracted is permissible with written approval of the Contracting Officer. Compliance with the provisions of this contract by subcontractors shall be the responsibility of the contractor.

1.5 Quality Control

1.5.1 The contractor shall designate, in writing, a member of each work crew who shall serve as the contact for matters involving quality and performance or nonperformance of the required work assigned to that crew. The employee(s) shall be qualified and fully competent with full authority to act for, and on behalf of, the contractor as necessary to insure that the required work is performed in accordance with the specifications and standards contained herein. The contractor shall furnish the above written designation to the Contracting Officer’s Representative (COR) no later than the first day of work. The contractor shall include the name(s), address(s), and telephone number(s) of the responsible individual(s).

1.5.2 The Contracting Officer reserves the right to disapprove any individual whom he considers incompetent to perform the work required. The Contracting Officer will provide a written notice of any disapproval to the contractor.

1.6 Quality Assurance Surveillance Plan. The government will use the methods stated in this PWS to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government may use Quality Assurance Evaluators (QAE(s)) to provide assistance with the quality assurance methods.

1.6.1 The government has the right to inspect all work called for by the contract, to the extent practicable at all times and places during the term of the contract. The government shall perform inspections in a manner that will not delay the work.

1.6.2 If any of the work does not conform to contract requirements, the government may require the contractor to perform the work in conformity with contract requirements and at no increase in cost. If the contract requirements are not met after a second attempt the government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the work performed.

1.6.3 The government may take action, if the contractor fails to perform the work again or to take the necessary action to ensure future performance is in conformity with the contract requirements. The government may (1) by contract, or otherwise, perform the work and charge to the contractor any cost incurred by the government that related to the performance of such work or (2) terminate the contract in whole or in part.

1.6.4 The contractor is responsible to replace/repair any damage to government property due to negligence, at his or her own cost. The government may take action, if the contractor fails to replace/repair any damage to government property. The government may (1) by contract, or otherwise, replace/repair damaged government property and charge to the contractor any cost incurred by the government to replace/repair any damage or (2) make a determination to not exercise any future option periods on the contract.

1.7 Hours of Operation. The contractor is responsible for conducting business between the hours of 0700 - 1700 hours Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.8 Pre-Work Meeting. Prior to commencing any activities, the contractor shall arrange a Pre-work Meeting with the COR. The Meeting shall discuss the work requirements, scheduling, submittal process, review of the Activity Hazard Analysis (AHA), and Abbreviated Accident Prevention Plan (AAP). At least one (1) week prior to commencing work, the Contractor shall coordinate their proposed work schedule with the COR.

1.9. Submittals. Prior to commencement of work, the Contractor shall submit all preconstruction submittals (SD- 01), product data (SD-03), and certificates (SD-07) to the Government COR, Robert Willcuts at the Garrison Project Office for routing and approval. Submittals shall be submitted with a 4025 transmittal form. A 4025 transmittal form and submittal register are provided as attachments of this PWS.

a. All product data (SD-03), and certificates (SD-07) listed in the Technical Specifications;

b. Activity Hazard Analysis (AHA);

c. Abbreviated Accident Prevention Plan (APP);

d. Traffic Control Plan;

e. List of who will perform work on this contract;

f. Proof of Insurance for Contractors and Subcontractors;

g. Railroad Protective Liability Insurance for crossing of Red River Valley& Western Company Railway

1.9.1 The Contractor shall submit all items listed in the Submittal Register attached in the specifications. The Contractor is advised not to order the materials included in the submittal until after it is approved.

1.9.2 Submit all deliverables electronically to the COR.

1.10 Standards and Regulations. The Contractor shall perform to the standards in the contract and comply with all Local, State, and Federal Regulations during the services performed. The Contractor is responsible for ascertaining the extent to which these regulations affect the operations resulting from this contract. The Contractor shall comply will all applicable regulations. Please reference the specifications for specific standard and regulations requirements.

1.10.1 Activity Hazard Analysis (AHA). Contractor shall prepare AHAs IAW Paragraph 01.A.14 or 01.A.15 of the EM 385-1-1. If using Paragraph 01.A.15, prepare AHAs IAW Figure 1-2. Submit the AHA electronically for review at least five (5) calendar days prior to the start of on-site work. The analysis should be used during daily inspections to ensure the implementation and effectiveness of the activity's safety and health controls. The Activity Hazard Analysis Template will be provided. An electronic copy of the AHA may be downloaded from the following site.

http://www.usace.army.mil/Portals/2/docs/AHA2.pdf

Note: Contractors and other individual employers typically use Job Safety Analyses (JSAs), Job Hazard Analyses (JHAs), or similar Risk Management assessment tools. These documents are considered equivalent to, and acceptable substitutes for, the USACE’s AHA provided the data collected is the same as that required by the AHA, commensurate with the type of services being performed.

1.10.2 Abbreviated Accident Prevention Plan (APP). EM 385-1-1 in its entirety may be too complex for the type of work performed under these contracts; contractors may reference Appendix A, for abbreviated Accident Prevention Plan (APP). The contractor shall only need to submit items in Appendix A that are pertinent to the contract. The contractor shall use a qualified person to prepare the site-specific abbreviated Accident Prevention Plan (APP). The contractor shall prepare the APP in accordance with the format and requirements of the EM 385-1-1 and supplemented herein. The contractor shall sign and submit the APP for approval prior to the start of work onsite.

1.10.1 Safety Equipment. The following is a list of minimal safety equipment the Contractor is expected to supply.

The safety equipment shall meet the requirements in EM385-1-1: Steel Toe Boots, Hard Hat, Safety Glasses, High Visibility Vests, and Hearing Protection.

1.11 Physical Security

1.11.1 The Contractor shall be responsible for safeguarding all Government facilities, property, and materials provided for Contractor use. The Contractor shall secure at all times all Government facilities, property, and materials. Specific security conditions may change based on threats to national defense, and based on the risk of specific facilities to these threats. The Contractor shall abide by these changing conditions at all times.

1.12.2 Key Control. The Contractor shall ensure all keys issued by the Government are not lost, stolen, duplicated, or used by unauthorized persons.

1.12.2.1 The Contractor shall immediately report to the COR any occurrences of lost or stolen keys.

1.12.2.2 In the event keys, other than master keys are lost or stolen, the Contractor may be required, upon written direction of the COR, to re-key or replace the affected lock or locks without cost to the Government. The Government may, however, at its option, replace the affected lock or locks or perform re-keying and deduct the cost of such from the total payment due the Contractor. If a master key is lost or stolen, the Government may need to replace all locks and keys for that system. The Government will deduct the total cost to replace the locks and keys from the Contractor’s total invoice.

1.12.2.3 The Contractor shall prohibit the use of keys issued by the Government by any persons other than the Contractor’s employees. The Contractor shall not facilitate access of secured areas to persons other than Contractor personnel or subcontractors engaged in performance of contract work requirements.

1.13 Antiterrorism/Operation Security Requirements.

1.13.1 Pre-screen candidates using E-Verify Program. The Contractor must pre‐screen candidates using the E‐ verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements.

The vendor must ensure that the candidate has two valid forms of government issued identification to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible candidates must be provided to the COR no later than three (3) business days after the initial contract award.

1.14 Payment

1.14.1 The government will make payment after services have been inspected and accepted, and the contractor’s invoice has been reviewed, approved, and processed. The contractor shall submit the invoice to the COR and/or any other person that has been designated in the contract to receive the invoice.

1.14.2 The contractor must provide the contractor’s name, address, contract number, period of services completed (i.e., for the month of January or for the period of performance of January 1 through February 23), CLIN number and specific quantities of work performed (i.e., 1 Month, 40 days, 100 acres, etc.), and total requested, for an invoice to be considered proper. The contractor shall submit the invoice by the fifth (5th) of the month for services completed the previous month or submit the invoice upon completion of all services, in accordance with the period of performance stated in the CLIN.

2.0 Definitions. The following definitions and descriptions apply wherever the word(s) or phrase(s) is/are stated in this PWS:

Acceptable Level of Performance (ALP): The maximum percent defective, the maximum number of defects per hundred units, or the number of defects in a lot considered satisfactory on the average. The allowable leeway or variance from a standard before the government will reject the specific service.

Contracting Officer’s Representative (COR): means an individual designated an authorized in writing by the Contracting Officer to perform specific technical or administrative functions.

Performance-Based Contract (FAR 2.101): Structuring all aspects of an acquisition around the purpose of the work to be performed with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes as opposed to either the manner by which the work is to be performed or broad and imprecise.

Performance Requirements Summary (PRS): The PRS shows contract requirements, the component requirements related to each contract requirement, the price of each work requirement as a percentage of the associated contract requirement (Fixed Price Contracts), the standard of performance, and the acceptable level of performance (ALP) for each work requirement.

Quality Assurance Surveillance Plan (QASP): An organized written document used by the Government for quality assurance surveillance. Document contains sampling/evaluation guides, checklists, and the performance requirements summary (PRS).

3.0 Government Furnished Items and Service

3.1 Utilities No utilities are available for contractor use.

4.0 Contractor Furnished Items and Responsibilities

4.1 General. The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS. Contractor shall implement an accountability system to ensure no tools or equipment are left in or around the work area. Contractor shall do a final walkthrough upon completion of work to check for any remaining tools, equipment or debris left in, on, or around the work area.

4.2 Materials. The Contractor shall furnish materials and supplies necessary to meet the requirements under this

PWS.

4.3 Equipment. The Contractor shall furnish all necessary equipment to meet the requirements under this PWS.

5.0 Specific Tasks

5.1 Basic Services. The contractor shall provide the basic services summarized below. See the project Technical Specifications and Drawings for more specific requirements.

5.1.1 Task No. 1 - Apply CSS-1H Fog seal.

5.2.2 Task No. 2 - Prepare the existing asphalt surface and apply CRS-2P Emulsified Asphalt.

5.2.3 Task No. 3 - Place, roll and sweep loose Cover Coat Material Class 41 Aggregate.

5.2.4 Task No. 4 – Install and remove traffic control.

5.2.5 Task No. 5 – Install short term painted 4-inch line.

5.2.6 Task No. 6 – Install permanent painted 4-inch line pavement markings on centerline and shoulder of roadway.

5.2.7 Task No. 7 – Install painted pavement marking message per NDDOT Standard Drawing 762-01 at the railroad crossing located at Sta. 21+70.

5.2.8 Task No. 8 – Remove and replace 3-cable guardrail.

6.0 Performance Requirements Summary. The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective (The Service required— usually a shall statement)

Standard PERFORMANCE THRESHOLD

(THIS IS THE MAXIMUM ERROR

RATE. IT COULD POSSIBLY BE

“ZERO DEVIATION FROM

STANDARD”)

Method of Surveillance

PRS #1

Apply CSS-1H Fog seal

COR will inspect and check application to ensure all areas are covered and applied at the correct application rate.

Zero deviation from standard COR performs 100% inspection

PRS #2

Prepare the existing asphalt surface and apply CRS-2P Emulsified Asphalt.

COR will inspect asphalt surface to ensure it is prepared in accordance with plans and specifications and check application to ensure all areas are covered and applied at the correct application rate.

Zero deviation from standard

COR performs 100% inspection

PRS #3

Place, roll and sweep loose Cover Coat Material Class 41 Aggregate

COR will inspect placement and check placement rate to ensure it is in accordance with plans and specifications.

PRS #4

Install and remove traffic control.

COR will inspect installation to ensure it is in accordance with plans and specifications.

PRS #5

Install short term painted 4-inch line

COR will inspect installation to ensure it is in accordance with plans and specifications.

Zero deviation from standard COR performs

PRS #6

Install permanent painted 4-inch line pavement markings on centerline and shoulder of roadway.

COR will inspect installation to ensure it is in accordance with plans and specifications.

PRS #7

Install painted pavement marking message per NDDOT Standard Drawing 762-01 at the railroad crossing located at Sta.

21+70.

COR will inspect installation to ensure it is in accordance with plans and specifications.

Zero deviation from standard COR performs 100% inspection

PRS #8

Remove and Replace 3-Cable Guardrail

COR will inspect removal installation to ensure it is in accordance with plans and specifications.

7.0 Attachments

a. Technical Specifications

1. Section 32 12 36.13

2. Section 32 17 23

3. Section 34 71 13.16

b. Design Drawings

c. NDDOT Standard Drawings

d. Submittal Register

e. 4025 Transmittal Form

f. AHA Template

** Attachments listed in paragraph 7.0 have been consolidated for easier access and download.

See Advertisement for attachments listed as:

W9128F20Q0062_Specs & Technical Data (1 of 2) W9128F20Q0062_Specs & Technical Data (2 of 2)

W9128F20Q0062 REFERENCE DRAWINGS

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 365 dys. ANP 1,335 COE PIPESTEM LAKE PROJECT

DAVID BECK

US ARMY CORPS OF ENGINEERS

PIPESTEM LAKE PROJECT CENWO-OD-

GA-N

8125 31ST STREET SE

JAMESTOWN ND 58401

701-654-7754 FOB: Destination

968711

0002 365 dys. ANP 10,679 (SAME AS PREVIOUS LOCATION)

0003 365 dys. ANP 334 (SAME AS PREVIOUS LOCATION)

0004 365 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0005 365 dys. ANP 2,300 (SAME AS PREVIOUS LOCATION)

0006 365 dys. ANP 22,015 (SAME AS PREVIOUS LOCATION)

0007 365 dys. ANP 265 (SAME AS PREVIOUS LOCATION)

0008 365 dys. ANP 170 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

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 365 calendar days after NTP. *The time stated for completion shall include final cleanup of the premises.

(End of clause)

Section G - Contract Administration Data

Section H - Special Contract Requirements

REVIEW SECTION L& M

***Contractors are highly encouraged to review entire solicitation, such as the information listed below, which is taken from Section L***

Quotations Packages must include: (See Section M – Evaluation Factors for Award for Details) Terms and content of your quote. Your quote must be based on the terms of this RFQ. We might reject any quote that is not based on these terms in every respect. Your quote must contain all of the information described below and in Section M of this solicitaiton.

1. Acknowledgment of Solicitation in Blocks 13-16 of the SF18 as well as any Amendments that may be issued

2. Completed information outlined below: OFFEROR’S INFORMATION REQUIRED TO

PROCESS AN AWARD

3. Total proposed amount for this effort annotated in Section B – Pricing Schedule.

4. Technical and Past Performance information as outlined in Section M.

5. Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visit is scheduled for 10:30am (CDT) on Tuesday, 23 July 2020. Contractor must notify David Beck by 2pm (CDT) on 22 July 2020 if attending the site visit.

Email: David.D.Beck@usace.army.mil Phone: 701-654-7754

(End of provision)

WAGE RATES

"General Decision Number: ND20200037 03/20/2020

Superseded General Decision Number: ND20190037

State: North Dakota

Construction Type: Highway

Counties: North Dakota Statewide.

HIGHWAY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 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 $10.80 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 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/03/2020 1 02/07/2020 2 02/28/2020 3 03/06/2020 4 03/20/2020

* ELEC0714-002 07/01/2019

ADAMS, BILLINGS, BOTTINEAU, BOWMAN, BURKE, DIVIDE, DUNN,

EMMONS, GOLDEN VALLEY, GRANT, HETTINGER, MCHENRY, MCKENZIE,

MCLEAN, MERCER, MOUNTRIAL, OLIVER, PIERCE, RENVILLE, ROLLETTE,

SHERIDAN, SOIUX, SLOPE, WARD, & WILLIAMS COUNTIES:

Rates Fringes

ELECTRICIAN

CABLE SPLICER...............$ 34.86 10.5%+10.90

ELECTRICIAN.................$ 34.46 10.5%+10.90

ELEC0714-003 12/02/2018

LINE CONSTRUCTION:

Line Construction

CABLE SPLICER...............$ 43.50 29%+5.75

GROUNDMAN...................$ 24.62 29%+5.75

LINE EQUIPMENT OPERATOR.....$ 36.93 29%+5.75

LINEMAN.....................$ 43.50 29%+5.75

ELEC0714-005 07/01/2019

BURLIEGH, MORTON, STARK:

Rates Fringes

ELECTRICIAN

CABLE SPLICER...............$ 34.64 10.5%+10.90

ELECTRICIAN.................$ 34.24 10.5%+10.90

ELEC1426-002 06/01/2019

BARNES, BENSON, CAVALIER, DICKEY, EDDY, FOSTER, GRAND FORKS,

GRIGGS, KIDDER, LA MOURE, LOGAN, MCINTOSH, NELSON, PEMBINA,

RAMSEY, RANSOM, RICHLAND, SARGENT, STEELE, STUTSMAN, TOWNER,

TRAILL, WALSH, AND WELLS COUNTIES

ELECTRICIAN

CABLE SPLICER...............$ 37.94 11.5%+10.80

ELECTRICIAN.................$ 36.36 11.5%+10.80

ENGI0049-001 10/01/2019

Rates Fringes

Power equipment operators:

GROUP 1.....................$ 30.45 17.20

GROUP 2.....................$ 29.05 17.20

GROUP 3.....................$ 28.80 17.20

GROUP 4.....................$ 28.65 17.20

GROUP 5.....................$ 27.80 17.20

GROUP 6.....................$ 26.50 17.20

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1: All Cranes 60 tons and over, Cranes doing piling, sheeting, dragline/clam work, Derrick(Guy & Stiff), Gentry Crane Operator, Helicopter Operator, Mole Operator or Tunnel Mucking Machine, Power Shovel 3-1/2 CY. and over and Traveling Tower Crane.

GROUP 2: All Cranes 21 tons and up to 59 tons, Backhoe Operator 3 CY. and over, Creter Crane, Dredge Operator 12' and Over, Equipment Dispatcher, Finish Motor Grader, Front End Loader Operator 8 CY. and over, Master Mechanic (When supervising 5 or more Mechanics), Mon-o-rail Hoist Operator, Power Shovel up to and including 3-1/2 CY. and Tugboat.

GROUP 3: Cranes 20 tons and under, Asphalt Paving Machine Operator, Asphalt Plant Operator, Automated Grade Trimmer, Backhoe Operator 1 CY. up to and including 2-1/2 CY., Boom Truck Hydraulic (8 Tons & over), Cableway Operator, Concrete Batch Plant Operator(electronic or manual), Concrete Mixer Paving Machine Operator, Concrete Paver- Bridge Decks, Concrete Pump, Concrete Spreader Operator & Belt Placer, Crushing Plant Operator, Dozer Operator, Dredge Operator or Engineer 11'' and under, Drill Rigs, Heavy Duty Rotary or Chum or Cable Drill, Front End Loader (3-1/2 CY. up to and including 7-1/2 CY.), Gravel Washing & Screening Plant Operator, Locomotive, all types, Mechanic or Welder(heavy duty), Motor Grade Operator, Pavement Breaker (Non-Hydro Hammer type, Pipeline Wrapping, Cleaning & Bending Machine Operator, Power Actuated Auger and Horizontal Boring Machine Operator 6'' and over, Refrigeration Plant Engineer, Roto Milling Machine (Surface Planer) 43'' & over, Scraper Operator, Slip Form Concrete Paving Operator, Tandem Pushed Quad 9 or similar, Tractor with Boom Attachment, Trenching Machine- 100 HP. and over.

GROUP 4: Articulated/Off Road Hauler, Asphalt Dump Person, Asphalt Paving Screed Operator, Backhoe - up to and including 1/2 CY., Boring Machine locator, Console Board Operator, Distributor Operator (Bituminous), Forklift Operator, Front End Loader- 1-1/2 CY. up to and including 3 CY., Grade Person, Gravel Screening Plant Operator (not Crushing or Washing), Greaser, Lazer-Screed Operator, Longitudinal Float and Spray Operator, Micro surfacer Machine, Motor Grade Operator-Hual Roads, Paving Breaker- Hydro Hammer Type, Pugmill Operator, Push Tractor, Roller, Steel & Rubber on Hot Mix Asphalt Paving, Rotomill Machine (Surface Planer), up to and including 42'', Rumble Strip Machine, Sand and Chip Spreader, Self-propelled Sheepsfoot Packer with or without Blade attachment, Self-propelled Traveling Soil Stabilizer, Sheepsfoot Packer with Dozer attatchment- 100 HP and over, Shouldering Machine, Slip Form, Curb & Gutter Operator, Slurry Seal Machine, Tamping Machine Operator, Tie Tamper and Ballast Machine, Trenching Machine Operator- 46 HP up to and including 99 HP, Truck Mechanic, Well Points, Tub Grinder, Fuel/Lube Operator.

GROUP 5: Boom Truck- A- Frame or Hydraulic 2 tons up to and including 7 tons, Broom-Self propelled, Concrete Saw (Power Operated), Cure Bridge Operator, Front End Loader Operator, less than 1-1/2 CY., Mobile Cement Mixer, Power Actuated Auger & Horizontal Boring Machine Operator up to and including 5"", Roller, on other than Hot Mix Asphalt Paving, Oilers, Vibrating Packer Operator (Pad Type) Self-propelled, Water Spraying Equipment-Self Propelled, Skidsteer Operator with Attachments.

GROUP 6: Brakeman or Switchman, Curb Machine Operator (Manuel), Dredge or Tugboat Deckhand, Drill Truck Gravel/Testing Operator, Form Trench Digger (Power), Gunite Operator Gunall, Paint Machine Striping Operator, Pick-up Sweeper, 1CY. & over Hopper Capacity, Scissor Jack-Self Propelled Platform Lift, Straw Mulcher and Blower, Stump Chipper Operator, Tractor Pulling Compaction or Aerating Equipment, Trenching Machine Operator- up to and including 45 HP., Assistant/Apprentice Operator.

TEAM0638-002 10/01/2019

Rates Fringes

TRUCK DRIVER

Euclid over 20 yds..........$ 30.77 13.85 Single Axle Trucks..........$ 28.82 13.85 Tandem Tri Axle Semi, Low Boy and Off Road Heavy Duty End Dumps 20 yds & under.......................$ 29.25 13.85 Tandem Tri/ Axle Truck......$ 28.94 13.85

SUND2019-001 11/22/2019

Rates Fringes

CARPENTER........................$ 29.85 7.35

Cement Mason/Finisher............$ 29.85 7.35

ELECTRICIAN

Cass County.................$ 14.72 3.40

Laborers:

GROUP 1.....................$ 21.90 2.90

GROUP 2.....................$ 22.15 2.90

GROUP 3.....................$ 22.30 2.90

GROUP 4.....................$ 23.05 2.90

LABORERS CLASSIFICATIONS

GROUP 1: General Construction Laborers: Sack Shaker (cement and mineral filler): Pipe Handler: Drill Runner Tender:

Salamander Heater and Blower Tender, Light truck, Pickup Driver, Flaggers and Pilot Car Drivers.

GROUP 2: Semi Skilled Laborer: Bulk Cement Handler: Conduit Layer, Telephone or Electrical: Form Setter (pavement): Gas Electric or pneumatic tool operator: Chipping Hammer, Grinders and Paving Brakers (tamper-drit) Concrete Vibrator Operator: Chain Saw Operator: Concrete Saw Operator:

Concrete Curing Man (not water): Bituminous worker

(Shoveler, Dumper, Raker and Floated): Kettleman (bituminous or lead): Concrete Bucket Signlman: Power Buggy Operator: Brick and Mason Tender: Multiplate Pipelayer:

Culvert Pipe Layers: Carpenters Tenders.

GROUP 3: Caisson Worker: Bottom Man (sanitary sewer, storm sewer water and gas liners): Concrete Mixer Operator (one bag capacity): Mortar Mixer.

GROUP 4: Pipe Layers (sanitary sewer, storm sewer, water and gas lines): Drill runner (includes Wagon Churn or Air Track) Powderman, Gunite and Sandblast, Nozzleman, Reinforcing Steel Setters/Tiers, Concrete Finishers Tender.

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"

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-18 Variation in Estimated Quantity APR 1984 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.219-6 Notice Of Total Small Business Set-Aside MAR 2020 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-17 Layout of Work APR 1984 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.246-16 Responsibility For Supplies APR 1984 52.246-21 Warranty of Construction MAR 1994 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

ITEMS) (JAN 2019).

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iii) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(v) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(vi) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(vii) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(viii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (JAN 2019).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUL 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, ``United States'' includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to…