Amendment_4_W912ES16R0002.pdf

W81G6753364421

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

See the Block 14 Continuation Page/Summary of Changes section for the purpose of this amendment.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 31

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 15-Aug-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912ES-16-R-0002

X 9B. DATED (SEE ITEM 11)

11-Jul-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

15-Aug-2016

CODE

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

W912ES 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912ES-16-R-0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 4

The purpose of this amendment is as follows:

1. To update the building wage rates with the most recent version. General Decision number ND160021 07/22/2016 ND21 is hereby replaced with General Decision number ND160021 08/05/2016

ND21.

2. Number 4 of the Instructions to Offerors section has been revised. Additions are highlighted in yellow. The following sentence has been deleted from number 4: “A detailed descrption of the work to be self-performed as well as the work to be completed by each subcontractor.”

3. The definition of mass concrete has been revised in local clause 52.215-4005; Preparation and Evaluation of Proposals (Construction)-the revised definition is highlighted in yellow.

4. The first sentence of the “Approved Substitution” section has been deleted.

5. The following changes have been made to Section 09 97 02 PAINTING: HYDRAULIC

STRUCTURES

A) Paragraph 1.1 REFERENCES, add the following reference:

SSPC QP 3 (2010) Standard Procedure for Evaluating Qualifications of Shop Painting Applicators

B) Paragraph 1.3 SUBMITTALS, Add the following submittal under SD-01 Preconstruction Submittals:

Cleaning and Painting Schedule

Add the following submittal under SD-07 Certificates:

SSPC QP 3 Certificate; G, STR

C) Paragraph 1.4.2 Qualified Paint Applicator:

Replace:

“1.4.2 Qualified Paint Applicator

Provide a certified SSPC QP 1 Painting Contractor. Submit a copy of the SSPC QP 1 Certificate.”

With:

“1.4.2 Qualified Coating Applicators

Provide a certified SSPC QP 1 Coating Applicator for field application of coatings. Provide a certified SSPC QP 3 Shop Coating Applicator for shop application of coatings. Submit a copy of the SSPC QP 1 and SSPC QP 3 Certificates.”

D) Add the following paragraph:

“1.7 CLEANING AND PAINTING SCHEDULE

The Contractor shall provide the Contracting Officer an up to date schedule for cleaning and painting operations a minimum of 14 calendar days prior to beginning any cleaning or painting work. The schedule shall clearly indicate the location of each of the cleaning and painting operations, whether at the project site, or in a shop.”

E) Add the following paragraph:

“3.2.10.5 Inspection and Repair of Shop Applied Coatings

The Contractor shall inspect shop applied coating systems upon arrival of the gate or gate component at the job site. The coatings shall be cleaned of deleterious materials prior to inspection. The Contractor shall inspect the coatings again upon completion of field assembly and installation of the gates. All damaged coatings shall be repaired in accordance with paragraph Repair of Vinyl Coating Defects.”

6. SECTION 35 20 16.46 TAINTER GATES AND ANCHORAGES

2.5 SILL BEAM ANCHORAGE ASSEMBLIES

2.5.1 Anchor

REPLACE

ASTM A709/A709M

WITH

ASTM A706/A706M

7. SECTION 35 20 16.46 TAINTER GATES AND ANCHORAGES

2.6 SIDE SEAL EMBED PLATE ANCHORAGE ASSEMBLY

2.6.1 Typical Anchor

REPLACE

ASTM A709/A709M

8. SECTION 35 20 16.46 TAINTER GATES AND ANCHORAGES

2.7 TRUNNION ASSEMBLY EMBED PIER THRUST PLATE ANCHORAGE ASSEMBLY

2.7.1 Anchor

REPLACE

ASTM A709/A709M

9. SECTION 35 20 16.46 TAINTER GATES AND ANCHORAGES

2.17 MATERIALS

2.17.1.5 Steel Bars for Concrete Reinforcement

REPLACE

ASTM A709/A709M

10. SECTION 01 14 00.00 13 WORK RESTRICTIONS

3.9 BACKFILL DAM WALLS

REPLACE

Both sides of the dam walls shall be backfilled equally at the same time in all locations.

WITH

Both sides of the dam walls shall be simultaneously backfilled, within a tolerance of four feet, in all locations.

11. SECTION 40 95 00 PROCESS CONTROL

2.3.2.1 Gate Hoist Limit Switch Enclosure and Assembly

REPLACE

a. The limit switch housing shall be fabricated from stainless steel, and epoxy painted.

a. The limit switch housing shall be fabricated from stainless steel with powder coated grey finish.

12. SECTION 40 95 00 PROCESS CONTROL

2.3.2.1 Gate Hoist Limit Switch Enclosure and Assembly

REPLACE

h. The individual electric limit switches shall be roller, snap action type with two form C contacts. These individual limit switches ride on the aluminum disks.

WITH

h. The individual electric limit switches shall be roller, snap action type with DPDT contacts. These individual limit switches ride on the aluminum disks.

13. SECTION 01 14 00.00 13 WORK RESTRICTIONS

3.7 PRELOAD EMBANKMENT

ADD to the last paragraph The installation of piezometers and other instrumentation by USACE will take approximately 5 days. The work will occur sequentially, starting with the first preload area that is ready and then moving to the next.

14. SECTION 05 50 13

MISCELLANEOUS METAL FABRICATIONS

2.10.1 Steel Handrails

REPLACE

Provide steel handrails, including inserts in concrete, steel pipe conforming to ASTM A53/A53M or structural tubing conforming to ASTM A500/A500M, Grade A or B of equivalent strength fittings, brackets, fasteners, and other ferrous components. Provide steel railings as specified of 1 1/2 and 2 inches nominal size, hot-dip galvanized, x-strong weight. Provide handrails of 1 ½ inches nominal size, hot-dipped galvanized.

Provide steel handrails, including inserts in concrete, steel pipe conforming to ASTM A53/A53M or structural tubing conforming to ASTM A500/A500M, Grade A or B of equivalent strength fittings, brackets, fasteners, and other ferrous components. Provide hot-dip galvanized steel railing assembly; size and weight as shown in the plans.

15. SECTION 01 14 00.00 13

WORK RESTRICTIONS

3.6 DETOURS, ROAD CLOSURES, AND ROAD REMOVAL

REPLACE

Cass County will be closing roads and creating detours in the project area due to the FMM Diversion Reach 19 - CR 16/17 Bridge, Roadway Modifications and Diversion Channel Project. These detours will be placed in March or April of 2017. The detour plans are available from the Cass County Highway Department.

WITH

The Metro Flood Diversion Authority, its member entity, Cass County, or its contractor will be closing roads and creating detours in the project area due to the FM Diversion CR 17 Road Realignment project.

These detours will be placed by April of 2017. The detour plans are under development and will be available from the Cass County Highway Department when completed.

Contractor access to the site will be available from CR 16 throughout the life of the project.

Access from the existing CR 17 or the realigned CR 16 may be available to the Contractor with coordination with the Metro Flood Diversion Authority, Cass County, and/or its contractor.

16. SECTION 03 70 00 MASS CONCRETE

2.1.1 Definition of Mass Concrete

REPLACE

The determination of cast-in-place versus mass concrete is made by analyzing the specific combination of factors for the individual structure under consideration. These factors include the equivalent cement content, thickness of the structural component and the placement conditions.

WITH

Mass concrete is defined by American Concrete Institute (ACI) Committee 207 as “any volume of concrete in which a combination of dimensions of the member being cast, the boundary conditions, the characteristics of the concrete mixture, and the ambient conditions can lead to undesirable thermal stresses, cracking, deleterious chemical reactions, or reduction in long-term strength as a result of elevated concrete temperatures due to heat from hydration.” The design of mass concrete includes mix design, thermal analysis, planning for placement, temperature monitoring, and testing.

17. Amend Section 01 14 00.00 13 – WORK RESTRICTIONS as follows:

Replace

“3.5 NORTH DAKOTA STATE DAM SAFETY PERMIT

The Contractor shall abide by all the conditions in this permit, which is included at the end of this section.”

With

"3.5 STATE OF NORTH DAKOTA PERMIT TO CONSTRUCT OR MODIFY A DAM

The North Dakota State Water Commission has issued a permit to Construct or Modify a Dam, (Permit number 2489). The conditions that apply to or impact the Contractor are addressed elsewhere within the contract documents."

18. Amend Section 01 14 00.00 13 WORK RESTRICTIONS–as follows:

Remove the placeholder at the end of the section entitled "North Dakota State Dam Safety Permit."

19. Amend Section 01 00 00.00 13 – GENERAL as follows:

Add paragraph 3.4 SITE ACCESS AND INSPECTIONS BY OTHERS

The Contractor shall allow access and inspections by representatives of Local, State, and Federal Government Agencies as directed by the Contracting Officer. The Contracting Officer will coordinate the timing of the inspections with the Agency Representatives and notify the Contractor when the inspections are to occur. No changes or direction from any inspecting agencies or their personnel shall result in a contract change without a written modification signed by the Contracting Officer.

20. The following list of 6 drawings (identified by sheet ID number) are revised herein and attached in one full size set and one half size set entitled as follows:

W912ES-16-R-0002_PLANS_FULL_AMEND0004.pdf W912ES-16-R-0002_PLANS_HALF_AMEND0004.pdf

Delete all previous versions of these drawings:

S-520

S-521

SG402

SG403

SG407

SG410

All other terms and conditions remain unchanged.

SECTION 00010 - SOLICITATION CONTRACT FORM

The Issued By organization has changed from

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

to

CONTRACTING DIVISION

USACE - ST PAUL

180 5TH STREET EAST

SUITE 700

ST. PAUL MN 55101-1678

The following have been modified:

INSTRUCTIONS TO OFFERORS

1. See 52.215-4005, Preparation and Evaluation of Proposals (Construction) for RFP submission requirements and the evaluation factors for award.

2. SAM REGISTRATION. All offerors must register and complete online representations and certifications in the System for Award Management (SAM) at www.sam.gov prior to the solicitation closing due date and time. Offerors that have not registered or completed their online representations and certifications may be rejected. Offerors are advised that the initial registration process in SAM may take several weeks. The Government will review completed Representations and Certifications in SAM once the Request for Proposals (RFP) closes. Submission of paper copies of completed representations and certifications is NOT required with your offer.

3. OFFEROR INQUIRIES. Any prospective Offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must submit their questions using the ProjNet system at https://www.projnet.org

To submit a new inquiry or to view inquiries submitted by other prospective Offerors, users must be registered and signed into the ProjNet system . Offerors may register online at https://www.projnet.org (click on “Register”). The following information will be needed to submit or view bidder inquiries:

Managing Agency: USACE The Solicitation Number is: W912ES-16-R-0002 The Bidder Inquiry “Key” Number is: 6WQGSX-WGZV64

Offerors shall submit inquiries not later than 10 days prior to the solicitation closing due date and time as amended (if applicable) in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary. Those who submit an inquiry will receive a system-generated email acknowledgement. All answers to inquiries will be posted in ProjNet after they have been reviewed by the USACE technical team. Offerors are advised to review the solicitation in its entirety and to review all previously submitted questions and responses prior to submitting a new inquiry.

4. RESPONSIBILITY DETERMINATION. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, the apparent successful offeror will be requested to provide the following information within 7 calendar days of being notified they are the apparent successful offeror:

a. Financial Statements, including balance sheets that identify major categories of assets, liabilities, and owner’s equity; and profit and loss statements for the past three (3) years.

b. A Bank Certification of Financial Capability (line of credit).

This information will be treated as confidential commercial or financial information to the extent permitted by law under exemption 4 to the Freedom of Information Act, 5 U.S.C. § 552(b)(4). The financial statements should be not over 60 days old. If over 60 days old, a certification shall be attached stating that the financial condition of the firm is substantially the same or, if not the same, the changes that have taken place.

5. ANTITERRORISM/OPERATIONS SECURITY. Please see the special requirement(s) in Section 00 80 00.

6. FACSIMILE OF PROPOSALS AND MODIFICATIONS THERETO WILL NOT BE ACCEPTED.

7. Any forthcoming amendments will only be available on www.fbo.gov.. It is recommended that each firm check this website periodically for updates.

8. All Quantities are estimated except where unit is given as "EA" (each) or "JOB" (job).

9. All extensions of the unit prices shown will be subject to verification by the Government. In case of a discrepancy between the unit price and the extension, the unit price will govern.

10. The addresses, phone numbers, and Internet address (if available) for references cited in these specifications are listed in the Unified Facilities Guide Specification (UFGS) 01 42 00 SOURCES FOR REFERENCE PUBLICATIONS. UFGS 01 42 00 is available under Publications on the TECHINFO page of the Corps of Engineers Huntsville District Internet site at:

www.hnc.usace.army.mil/Missions/Engineering/TECHINFO.

11. UNBALANCED OFFERS. The Government may reject any offer that is materially unbalanced between contract line item numbers or sub-items on the bid schedule. An offer is materially unbalanced when it is based on prices which are significantly less than the cost for some work and prices which are overstated, in relation to cost, for other work. A materially unbalanced offer may be rejected if the Contracting Officer has a reasonable doubt as to whether the offer will result in the lowest overall cost to the government even though it may be the lowest priced technically acceptable offer. Additionally, an offer that is so unbalanced so as to be tantamount to an advance payment will be rejected even if acceptance of the offer would result in the lowest overall cost to the Government.

12. Offerors must propose on all line items for their offer to be considered for award.

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

52.215-4005 Preparation and Evaluation of Proposals (Construction)

A. Basis for Award:

Award will be made to the responsible offeror representing the best value based on the Lowest-Priced, Technically Acceptable (LPTA) proposal. Each technical evaluation factor and subfactor must be found to be “acceptable” in order for the proposal to be found technically acceptable. Proposals will not be ranked.

Award will be made to the lowest priced, technically acceptable proposal. Firms may only submit one proposal. Acceptable/Unacceptable Ratings are defined as follows:

Acceptable: Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable: Proposal does not clearly meet the minimum requirements of the solicitation.

The successful offeror’s Technical Proposal and any proposed subcontractors will be incorporated in any resulting contract. The successful contractor’s proposed schedule will be incorporated into the awarded contract. The incorporated Schedule dates will become enforceable contractual completion dates. The identified subcontractors must be used on the project.

It is the offeror’s responsibility to ensure the completeness of its proposal. The Government may evaluate solely on the information provided in the initial proposal and not assume that an offeror possesses any capability that is not specifically identified in the proposal. The Government intends to award without discussions.

Failure to submit mandatory information for a factor or subfactor, indicated by the word “shall” or similar verbiage in the solicitation, will result in a rating of “unacceptable” for that factor, and the offeror will be ineligible for award unless the Procuring Contracting Officer decides to hold discussions and includes the offeror in the competitive range.

The Government will evaluate the offeror’s and their major subcontractors experience and certifications only.

If an offeror wishes to be credited with a subcontractor’s or supplier’s experience or certification, a letter of commitment signed by the subcontractor/supplier and the prime contractor (offeror) must be submitted with the proposal. The letter of commitment shall clearly state that the offeror and the subcontractor/supplier have committed to construct this project together if the offeror receives the contract award. In regard to Experience, if an offeror submits projects demonstrating experience in one of the factors, and that project was completed by a subcontractor, a subsidiary, or a supplier, as opposed to the offeror, the offeror MUST submit a signed letter of commitment from the contractor who performed and completed the work. If a letter of commitment is not submitted, the experience/certifications will not be considered.

B. Proposal Submission Requirements

The offeror’s proposal shall be submitted in hard copy, with accompanying digital copies as set forth below.

The offeror’s proposal shall consist of two volumes:

Volume I-Technical Proposal

Volume II-Price Proposal

All pages in the Technical Proposal containing text in response to this RFP shall be consecutively numbered, type-written on 8½ x 11 inch paper with margins of at least one inch, double sided, and created using a font no smaller than 12 with a maximum of 30 double-sided pages. Printing shall be single spaced. Each paragraph shall be separated by at least one blank line. Tables and illustrations may use a reduced font size no less than 8-point and may be landscape. These formatting and page limitation requirements do not apply to 1) the Schedule; 2) Attachment 1 (Experience Sheets); 3) Letter(s) of Commitment, and 4) Certifications required in the Evaluation Factors section below.

The schedule shall be provided on one-sided 11 x 17 pages folded in to the technical proposal and not exceed 10 pages.

Files shall not contain classified data. The use of hyperlinks in proposals is prohibited.

Proposals must be submitted in hard copy AND electronically. The electronic files shall contain identical information to the hard copy files. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Proprietary information shall be clearly marked.

Format for hard-copy and electronic files. Each hardcopy volume shall be submitted in a separate three-ring binder that is clearly labeled with its title and volume number. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and RFP number in the header and/or footer.

The following volumes of material shall be submitted:

Volume Title Originals Electronic Copies Volume I 7 1 Volume II 1 1

Electronic Copies shall be submitted on CD’s or DVD’s. Zip disks are not permitted. Files shall be in read-only format, using PDF files that are configured for printing by the Government. Each CD shall be externally labeled with the volume number, date, and the offeror’s name. **Please note – Self extracting exe files are not acceptable.

**All of the hard-copy versions shall be identical, if the hard-copy versions differ from the electronic version, the hard-copy versions (originals) will govern.

Volume I: Technical Proposal: The Technical Proposal shall include the following:

1. The Solicitation number (“W912ES-16-R-0002”).

2. The offeror’s name, address, telephone and email address.

3. DUNS number, CAGE code and TAX ID number.

4. Names, titles, telephone and email addresses of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation.

5. Name, title, and signature of person authorized to sign the proposal.

6. Letter(s) of Commitment (if applicable).

7. Documentation evidencing those individuals that have authority to bind the offeror

(appropriate to the partnership, company, corporation, or joint venture demonstrating the agency relationship (ie. copies of corporate resolutions, powers of attorney, or official meeting notes)).

8. Responses to all technical evaluation factors. All responses in the offeror’s Technical Proposal must clearly indicate the areas to which they are applicable:

a. Part I: Schedule

b. Part II: Work Plan

c. Part III: Recent and Relevant Experience

d. Part IV: Certifications

9. The Technical proposal shall not include pricing information.

Volume II: Price Proposal: The Price Proposal shall include the following:

1. Completed Standard Form (SF) 1442, including acknowledgement of all Amendments.

2. Completed Pricing Schedule/Bid Schedule.

3. Proof of current System for Award Management (SAM) registration including the applicable

NAICS code for this acquisition (237990).

4. Representations and Certifications.

Offerors shall complete and submit the price schedule (schedule of items/bid schedule) with their proposal and include a price for each line item, including subtotals and totals. Failure to do so may result in the proposal being rejected without further consideration.

C. EVALUATION FACTORS

The evaluation factors and significant sub-factors are listed below. Failure to submit the required information for all evaluation factors will result in a rating of “unacceptable” for that factor, and the offeror will be ineligible for award unless the Procuring Contracting Officer decides to hold discussions and includes the offeror in the competitive range. Technical evaluation factors (Part I: Schedule, Part II: Work Plan, Part III: Recent and Relevant Experience, Part IV: Certifications) will be evaluated first. Price will be evaluated last.

A. Technical Proposal, Part I: Schedule

Submission Requirements:

The Schedule shall include a network diagram listing, at a minimum, the following significant project activities and their interrelation to each other.

a. Deep Mixing Method and Preload

b. Channel Excavation

c. Dam, Embedded Levee, and EMB Embankment Construction

d. Riprap and Bedding – Upstream and Downstream

e. Pile Driving (H-Pile and Sheet Pile)

f. Dam Wall Construction

g. Precast Bridge Deck Design, Fabrication, and Installation

h. Precast Concrete Beam Design, Fabrication, and Installation – Service Bridge and Machinery Platform

i. Cast in Place Concrete Bridge Decks - Service Bridge & Machinery Platform

j. Control Structure Construction – Including Footing Slabs, Walls, Piers, Trunnion Girders, Stairways, Fencing and Hand Rail

k. Tainter Gate Shop Drawing Development, Fabrication, Delivery, Field Assembly, Painting, and Installation

l. Gate Operating Machinery Design, Shop Drawing Development, Fabrication, Delivery, Painting and Installation

m. Control Building Construction

n. Power and Control Wiring

o. Site work including Maintenance Roads, Parking Lot, and Lighting.

In order for your proposal to be considered acceptable the Schedule shall include: 1) all of the significant project activities (a. – o.) above, 2) activity durations for each of the activities, 3) start/stop dates for each activity, 4) non-work dates (including weather days), and 5) all critical paths. In addition, the Schedule shall meet all schedule requirements specified in the solicitation, and must be considered feasible in light of the construction schedule specified in the solicitation, the site conditions, equipment and crews proposed in the work plan, and the environmental and other work restrictions contained in all of the contract documents. Work restrictions shall include restrictions contained within the Work Restrictions section as well as restrictions contained within individual technical sections.

B. Technical Proposal, Part II: Work Plan

a. The work plan shall be a detailed narrative description of the proposed work. The plan shall address the labor, material, and equipment proposed to be used to complete all of the project activities identified in Section A Schedule (above).

b. The work plan shall include the number of crews, crew sizes, pieces of equipment, equipment make and model, and production rates for each of the project activities noted in the Schedule.

c. The plan shall identify the number of days per week, the number of shifts per day, and the number of hours per shift anticipated for the significant project activities, a.-o. in Section A Schedule (above).

d. The plan shall identify which of the above project activities will be performed by subcontractors.

In order for your proposal to be considered acceptable, the Work Plan shall: 1) include all of the work plan requirements (a. – d.) above for each of the significant project activities (a. – o.) above in section A Schedule, and 2) be considered feasible in light of the work being accomplished, the site conditions, and the schedule requirements specified in the solicitation.

C. Technical Proposal, Part III: Recent and Relevant Experience

The offeror shall provide recent and relevant projects by completing Attachment 1.

For each of the Work Elements listed below (a.-f.), two (2) relevant projects shall be provided for the firm that will perform the work. NOTE: Only 6 Attachment 1 documents are provided with this RFP, one for each Work Element-you will need to provide 2 for each Work Element (a.-f.) for a total of 12. As stated above, a letter of commitment is required for a subcontractor’s experience to be evaluated. If more than two (2) relevant projects are provided for a Work Element, only the two (2) most recently completed projects will be evaluated. If a project qualifies as relevant experience for more than one Work Element, provide multiple sheets for that project, one for each Work Element it satisfies.

Recent is defined as work that is ongoing but not less than 50% physically complete or work that was completed by the firm within the last ten (10) years of the date of the initial proposal under this solicitation. The definitions of relevant are included within each of the work element descriptions below (a.-f.)

Work Elements:

a. Fabrication of large steel water control gates To be considered relevant, the project must demonstrate experience with fabrication of large (greater than 20 ton) steel water control gates.

b. Installation of large steel water control gates

To be considered relevant, the project must demonstrate experience with assembly and installation of large (greater than 20 ton) steel water control gates.

c. Design, monitoring, and testing of mass concrete

To be considered relevant, the project must meet the following definition of mass concrete and consist of not less than 1,000 cubic yards of concrete requiring temperature monitoring. The project must demonstrate experience with design, as defined below, and monitoring, and testing, of mass concrete.

Mass concrete is defined by American Concrete Institute (ACI) Committee 207 as “any volume of concrete in which a combination of dimensions of the member being cast, the boundary conditions, the characteristics of the concrete mixture, and the ambient conditions can lead to undesirable thermal stresses, cracking, deleterious chemical reactions, or reduction in long-term strength as a result of elevated concrete temperatures due to heat from hydration.” The design of mass concrete includes mix design, thermal analysis, planning for placement, temperature monitoring, and testing.

d. Placement and curing of mass concrete

To be considered relevant, the project must meet the definition of mass concrete above and shall demonstrate experience with placement and curing of mass concrete consisting of not less than 1,000 cubic yards of concrete requiring temperature monitoring.

e. Design of gate operating equipment

To be considered relevant, the project shall demonstrate experience by a licensed (any state) mechanical engineer in the design of a mechanical hoist drive system with at least 100,000 pounds lifting capacity. The licensed engineer must have been, and continue to be, employed by the offeror or a committed subcontractor, and must be assigned to work on this contract.

f. Manufacture and assembly of gate operating equipment To be considered relevant, the project must demonstrate manufacture and assembly of gate operating machinery capable of lifting over 100,000 lbs.

In order for your proposal to be rated as “acceptable” under this factor you must provide 2 recent and relevant projects for each of the above noted 6 work elements (a.-f.).

D. Technical Proposal, Part IV: Certifications

The offeror shall provide current copies of one of the following two American Institute of Steel Construction (AISC) certifications for all fabrication plants to be utilized for the tainter gates, along with proof that the certification has been continuously held for the past five (5) years. As stated above, a letter of commitment is required for a subcontractor’s (i.e., fabrication plant) experience to be evaluated.

1. Intermediate Bridges certification with Supplemental Requirement F- Requirements for Fabricators of Bridges with Fracture-Critical Members

OR

2. Advanced Bridges certification with Supplemental Requirement F- Requirements for Fabricators of Bridges with Fracture-Critical Members

For the period prior to July 1, 2014, the Major Steel Bridge CBR Certification with Fracture Critical Endorsement will also be accepted as proof that one of the certifications above has been continuously held for the past five (5) years.

In order for your proposal to be rated as “acceptable” under this factor you must provide one of the two current certifications noted above and proof that the certification has been continuously held for the past five years.

D. EVALUATION PROCESS

1. After receipt of proposals, the SSEB will convene and the voting members will independently evaluate all submitted proposals according to the evaluation factors set forth in the solicitation, beginning with the Technical proposals. Once the Technical evaluations are completed, the SSEB chairperson will lead the SSEB in discussion of each proposal, and they will come to a consensus decision as to the acceptability of each factor for each offeror. After concluding the evaluations, the chairperson will provide an oral briefing of the consensus evaluation results to the SSA and submit a written consensus evaluation report for the record.

The written consensus report will detail the reasons for acceptability or unacceptability of proposals noted during the SSEB evaluation. The SSEB will make no recommendation as to who shall receive the award and additionally shall not establish a rank order or order of merit list pertaining to the offers being evaluated. Upon completion of the Technical proposal report for the record, the SSEB will evaluate the Price proposals using the same process as for the Technical evaluations.

The SSEB will evaluate each offeror’s price in terms of unbalancing and for potential performance risks.

The Procuring Contracting Officer, or the Procuring Contracting Officer’s designee, will evaluate each offeror’s price IAW FAR 15.404 to determine price reasonableness. In this context, reasonableness will be determined by comparing offered prices to one another, to the government estimate, and to pricing for previous work of a similar nature.

2. After receiving the SSEB chairperson’s written consensus evaluation and report and briefing for both the Technical and Price proposals, the SSA, independently exercising prudent business judgment, will make a source selection decision on the basis of the lowest priced proposal meeting or exceeding the acceptability standards for the technical factors. While the SSA may use reports and analyses prepared by others, the source selection decision shall represent the SSA's independent judgment. The source selection decision shall be documented, and the documentation shall include the rationale for any business judgments made or relied on by the SSA.

3. If, during the evaluation process, any offerors are eliminated from the competition, the offerors excluded from the competition shall be promptly notified in writing. The notice shall state the basis for the determination and that a proposal revision will not be considered. The Procuring Contracting Officer shall award a contract to the successful offeror by furnishing the executed contract or other notice of the award to that offeror. Each offeror whose proposal was not selected for award, will be notified in writing within three days after the date of the contract award. Debriefings will be provided to unsuccessful offerors who submit timely requests.

ATTACHMENT 1: Experience, a. Fabrication of large steel water control gates Firm for which relevant information is being provided (i.e. name of offeror or subcontractor):

Firm: __________________________________________________________________________________

Address: ________________________________________________________________________________

Check the box if a Letter of Commitment is included (if applicable).

a. Project Name:

b. Contract or Subcontract Number:

c. Date of Award:

d. Contract Value: e. Date of Completion/Percent Complete:

f. Contract Duration: g. Project Location (City, State):

h. Project Description (Please describe the work performed):

i. Describe the recent contract effort relevant to this work element:

j. Was this work performed as a subcontract?

Yes No

k. Prime Contractor:

a. Name:

b. Complete Address:

c. Phone:

d. Email

l. Reference:

a. Name and Title:

b. Organization:

c. Phone and Email:

ATTACHMENT 1: Experience, b. Installation of large steel water control gates

Firm: __________________________________________________________________________________

Address: ________________________________________________________________________________

Check the box if a Letter of Commitment is included (if applicable).

Yes No

ATTACHMENT 1: Experience, c. Design, monitoring, and testing of mass concrete

Firm: __________________________________________________________________________________

Address: ________________________________________________________________________________

Check the box if a Letter of Commitment is included (if applicable).

Yes No

ATTACHMENT 1: Experience, d. Placement and curing of mass concrete

Firm: __________________________________________________________________________________

Address: ________________________________________________________________________________

Check the box if a Letter of Commitment is included (if applicable).

Yes No

ATTACHMENT 1: Experience, e. Design of gate operating equipment

Firm: __________________________________________________________________________________

Address: ________________________________________________________________________________

Check the box if a Letter of Commitment is included (if applicable).

Yes No

ATTACHMENT 1: Experience, f. Manufacture and assembly of gate operating equipment

Firm: __________________________________________________________________________________

Address: ________________________________________________________________________________

Check the box if a Letter of Commitment is included (if applicable).

Yes No

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

APPROVED SUBSTITUTIONS

Prior to substituting, removing, replacing, or diverting any of the firms or individuals specified in your proposal, the Contractor shall notify the Contracting Officer in writing 15 working days in advance and shall submit a written request and justification (including proposed substitutions) in sufficient detail to permit evaluation IAW the original evaluation factors for award as detailed in the RFP as amended (if applicable).

The proposed substitution of subcontractors, suppliers, etc. must meet or exceed all of the evaluation factors for award in the original amended RFP for any/all entities being replaced at no additional cost to the Government. No change shall be made by the Contractor without the prior written consent of the Contracting Officer. The Contracting Officer will notify the Contractor within 10 working days after receipt of all required information of the decision on the substitution(s). In the event the proposed substitution(s) of subcontractors, suppliers, etc. does not meet or exceed the evaluation criteria of the personnel/entities being replaced, the Government reserves the right to require continued performance of previously accepted entities or to require substitution of acceptable replacements.

In the event that the contractor cannot provide a listed subcontractor or one of equal qualification, the contracting officer may reduce the contract price or take such other actions as are necessary to protect the interests of the Government, including the timely completion of the contract work.

WAGE RATES

APPLICABLE WAGE DECISION

Two wage decisions apply to the work under this contract: ND160021 (Building) and ND160014 (Heavy). These Davis-Bacon wage decisions are incorporated in full text below.

In order to provide the Contractor with guidance as to which Davis-Bacon wage decision applies to the various portions of the work under this contract, wage decision ND160021 (Building) shall apply to only the following: The work located within the chain link fence shown on the plan sheet entitled “Grading Plan: Control Building and Parking”, including the control building, parking lot, and landscaping. ND160014 (Heavy) shall apply to all other Davis-Bacon covered work under this contract, including the chain link fence.

The work under this contract may require members of the Contractor’s work force to perform work under either or both wage decisions. The Contractor's certified payrolls shall identify the classification, rate, fringe, and Davis- Bacon wage decision applicable to each covered employee's work for that workweek. If any Davis-Bacon covered employee works under more than one Davis-Bacon wage decision in a given workweek, the certified payrolls for that week shall identify which hours were worked under each of those Davis-Bacon wage decisions.

In the event that it is impracticable to segregate an employee’s work, or in the event of a conflict as to the type of work, the wage classification (and rate) resulting in the highest rate of pay/fringe benefits to that employee will apply.

General Decision Number: ND160021 08/05/2016 ND21

Superseded General Decision Number: ND20150021

State: North Dakota

Construction Type: Building

County: Cass County in North Dakota.

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 $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the 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 $10.15 (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 2016. 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 01/08/2016 1 02/26/2016 2 03/04/2016 3 05/20/2016 4 07/22/2016 5 08/05/2016

BOIL0647-006 01/01/2014

Rates Fringes

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

BRND0001-002 05/01/2016

Rates Fringes

BRICKLAYER.......................$ 28.20 18.75

ELEC1426-004 06/01/2014

Rates Fringes

ELECTRICIAN (Excludes Low Voltage Wiring)..................$ 27.59 11.37

IRON0512-006 05/01/2015

Rates Fringes

IRONWORKER, STRUCTURAL...........$ 29.80 23.74

PLAS0633-001 05/01/2015

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 27.90 13.60

PLUM0300-016 05/30/2016

Rates Fringes

PIPEFITTER.......................$ 33.74 13.82

PLUMBER..........................$ 33.74 13.82

* SFND0669-002 04/01/2016

Rates Fringes

SPRINKLER FITTER (Fire Sprinklers)......................$ 31.77 16.02

SHEE9010-002 06/09/2014

Rates Fringes

SHEET METAL WORKER (HVAC Duct Installation Only)...............$ 26.45 13.95

SUND2012-002 08/18/2014

Rates Fringes

CARPENTER (Drywall Finishing/Taping Only)...........$ 21.22 7.11

CARPENTER, Excludes Drywall Finishing/Taping, Drywall Hanging, and Metal Stud Installation.....................$ 19.24 4.89

DRYWALL HANGER AND METAL STUD

INSTALLER........................$ 21.36 0.00

ELECTRICIAN (Low Voltage Wiring Only).....................$ 21.14 5.73

INSULATOR - MECHANICAL

(Duct, Pipe & Mechanical System Insulation)...............$ 15.80 2.60

LABORER: Common or General......$ 13.05 2.92

LABORER: Mason Tender - Brick...$ 15.32 0.00

LABORER: Mason Tender - Cement/Concrete..................$ 14.54 3.41

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 26.00 3.82

OPERATOR: Crane.................$ 26.18 9.39

OPERATOR: Forklift..............$ 23.06 15.47

OPERATOR: Loader................$ 23.75 0.00

PAINTER (Brush and Roller).......$ 21.86 8.41

ROOFER...........................$ 16.37 2.84

SHEET METAL WORKER, Excludes HVAC Duct Installation...........$ 27.27 7.76

TRUCK DRIVER: Dump Truck........$ 19.81 5.42

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

General Decision Number: ND160014 01/08/2016 ND14

Superseded General Decision Number: ND20150014

State: North Dakota

Cons…