W91ES22R0001-0002 RRS WD Spec Updates 2Nov21.pdf

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 Page 2 for the purpose of Amendment 0002 to FMM Red River Structure solicitation W912ES22R0001.

1. CONTRACT ID CODE PAGE OF PAGES

1 8

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

16C. DATE SIGNED

BY 02-Nov-2021

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 W912ES22R0001

X 9B. DATED (SEE ITEM 11)

12-Oct-2021

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

02-Nov-2021

CODE

CONTRACTING DIVISION

USACE - ST PAUL

180 FIFTH STREET EAST

SUITE 700

SAINT 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:

W912ES22R0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The following have been added by full text:

AMENDMENT 0002 INSTRUCTIONS

1. W9121ES22R0001 RRS SPECS, Section 01 14 00.00 13 WORK RESTRICTIONS, Paragraph 3.14 REBOUND, the fourth sentence from the first paragraph, “This additional excavation shall be at no cost to the Government.” is deleted.

2. W912ES22R0001 RRS SPECS, Section 01 14 00.00 13 WORK RESTRICTIONS, add paragraph:

“3.24 PERMITS

Per FAR Clause 52.236-7 PERMITS AND RESPONSIBILITIES, The Contractor shall be responsible for obtaining any necessary licenses and permit, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. Permits obtained by the Government are included in this section, and Section 01 41 26.00 13, Section 01 41 26.00 14, and Section 01 57 20.00 13. The Contractor shall be responsible for complying with all permit provisions. “

3. W912ES22R0001 RRS SPECS, Section 01 14 00.00 13, WORK RESTRICTIONS, add paragraph:

“3.25 ATTACHMENTS

1. PLEASANT TOWNSHIP BUILDING PERMIT AND ZONING CERTIFICATE 3 Pages “

4. W912ES22R0001 RRS SPECS, Section 01 14 00.00 13, WORK RESTRICTIONS, add the Pleasant Township Building Permit and Zoning Certificate as an attachment.

5. W912ES22R0001 RRS SPECS, Section 05 50 13 MISCELLANEOUS METAL FABRICATION, Paragraph 1.2, SUBMITTALS, SD-02 Shop Drawings; G, STR, add:

“BOLLARDS/PIPE GUARDS (paragraph 2.14); G”

6. W912ES22R0001 RRS SPECS, Section 05 50 13 MISCELLANEOUS METAL FABRICATION, add paragraph:

“2.14 BOLLARDS/PIPE GUARDS

Provide 6-inch galvanized standard weight steel pipe in accordance with ASTM A53/A53M.”

7. W912ES22R0001 RRS SPECS, Section 05 50 13 MISCELLANEOUS METAL FABRICATION, add paragraph:

“3.14 INSTALLATION OF BOLLARDS/PIPE GUARDS

Set bollards/pipe guards vertically in concrete piers as shown in the plans.

Fill hollow cores with concrete having a minimum compressive strength of 3000 psi.”

8. W912ES22R0001 RRS SPECS, Section 05 59 20, FABRICATION OF HYDRAULIC STEEL STRUCTURES, paragraph 1.2.4.2, REPAIR WELDING:

Delete the last sentence: “Consider all weld repairs to fracture critical members critical welds in accordance with AWS D1.5M/D1.5 AASHTO/AWS Fracture Control Plan (FCP) for Nonredundant Members Clause and must be approved by the Contracting Officer.”

Replace with: “All weld repairs to fracture critical members are to be identified as critical or non-critical in accordance with AWS D1.5M/D1.5 AASHTO/AWS Fracture Control Plan (FCP) for Nonredundant Members Clause. All weld repairs identified to be critical must be approved by the Contracting Officer.”

9. W912ES22R0001 RRS SPECS, Section 32 92 19.01 13, SEEDING, paragraph 1.1, REFERENCES:

Add:

“MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT) MnDOT 3876 ( 2020 ) Standard Specifications for Construction – Seed”

10. W912ES22R0001 RRS SPECS, Section 32 92 19.01 13, SEEDING, paragraph 2.2, SEED MIX, subparagraph a):

Delete the sentence: “The seed mix for zone 1 is the Mesic Prairie (Table 1A and 1B; attached to the end of this section).”

Replace with sentence: “The seed mix for zone 1 shall be 35-241 Mesic Prairie General in accordance with MnDOT 3876.”

11. W912ES22R0001 RRS SPECS, Section 32 92 19.01 13, SEEDING, paragraph 2.2, SEED MIX, subparagraph b):

Delete the sentence: “The seed mix for zone 2 is the recommended Wet Prairie Mix (Table 2A and B;

attached to the end of this section).”

Replace with sentence: “The seed mix for zone 2 shall be 34-262 Wet Prairie in accordance with MnDOT 3876.”

12. W912ES22R0001 RRS SPECS, Section 32 92 19.01 13, SEEDING, paragraph 2.2, SEED MIX, subparagraph c):

Delete the sentence: “The seed mix for zone 3 is the recommended Wet Meadow mix (Table 3A and B;

attached to the end of this section).”

Replace with sentence: “The seed mix for zone 3 shall be 34-271 Wet Meadow South & West in accordance with MnDOT 3876.”

13. W912ES22R0001 RRS SPECS, Section 32 92 19.01 13, SEEDING, paragraph 2.2, SEED MIX, subparagraph d):

Delete the sentence: “The seed mix for the Embankment Zone is the Mesic Prairie. (Table 1A and 1B;

attached to the end of this section).”

Replace with sentence: “The seed mix for the Embankment Zone shall be 35-241 Mesic Prairie General in accordance with MnDOT 3876.”

14. W912ES22R0001 RRS SPECS, Section 32 92 19.01 13, SEEDING, paragraph 2.2, SEED MIX, fifth subparagraph:

Delete the entire paragraph “Approximately 80-90 percent of the species listed in Tables 1A through 3B are anticipated to be seeded. Seed availability may not allow for all species listed. It is recommended that development of the seed mixes begin immediately. With approval, similar species may be substituted if seed is unavailable. Seed should be selected from nurseries that can provide native, weed-free seed with a high germination rate and seed that is suitable for the climate in North Dakota.”.

15. W912ES22R0001 RRS SPECS, Section 32 92 19.01 13, SEEDING, paragraph 2.2, SEED MIX, sixth subparagraph:

Delete the sentence: “All seed mixes shall also include 6.5 pounds of pure live seed per acre of Oat Cover Crop if planted prior to Oct. 15.”

Replace with sentence: “All seed mixes shall also include Oat Cover Crop if planted prior to Oct. 15.”

16. W912ES22R0001 RRS PLANS:

a. Replace sheet G-006 with the attached sheet G-006.

b. Replace sheet S-406 with the attached sheet S-406.

c. Replace sheet S-409 with the attached sheet S-409.

d. Replace sheets S-505, S-506, S-507, and S-508 with the attached sheets S-505, S-506, S-507, and

S-508.

e. Replace sheet S-510 with the attached sheet S-510.

f. Replace sheet S-514 with the attached sheet S-514.

g. Replace sheet S-516 with the attached sheet S-516.

h. Replace sheet SG207 with the attached sheet SG207.

i. Replace sheets MB516, MB517, and MB518 with the attached sheets MB516, MB517, and

MB518.

j. Replace sheets E-604, E-605, E-606, and E-607 with the attached sheets E-604, E-605, E-606, and

E-607.

k. Replace sheet EI608 with the attached sheet EI608.

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been modified:

WAGE DETERMINATION - ND

"General Decision Number: ND20210050 10/29/2021

Superseded General Decision Number: ND20200050

State: North Dakota

Construction Type: Heavy

HEAVY CONSTRUCTION PROJECTS

County: Cass County in North Dakota.

HEAVY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 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 $10.95 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 2021. 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 01/01/2021 1 05/14/2021 2 07/30/2021 3 09/03/2021 4 10/15/2021 5 10/29/2021

ELEC0714-014 08/30/2021

Rates Fringes

ELECTRICIAN...................... $ 35.58 11.65+10.5%

ENGI0049-022 05/04/2020

Rates Fringes

POWER EQUIPMENT OPERATOR

(Bulldozer)...................... $ 38.89 21.55

ENGI0049-026 05/01/2020

Rates Fringes

POWER EQUIPMENT OPERATOR

Crane....................... $ 36.40 19.70 Forklift.................... $ 33.15 19.70

ENGI0049-027 10/01/2021

Rates Fringes

POWER EQUIPMENT OPERATOR

Mechanic.................... $ 29.80 18.85 Scraper..................... $ 29.80 18.85

IRON0512-033 05/03/2021

Rates Fringes

IRONWORKER, REINFORCING.......... $ 34.30 31.80

IRONWORKER, STRUCTURAL........... $ 34.30 31.80

* TEAM0638-003 10/01/2021

Rates Fringes

TRUCK DRIVER (Dump Truck)........ $ 31.15 16.25

SUND2017-013 07/31/2020

Rates Fringes

CARPENTER........................ $ 26.68 5.60

CEMENT MASON/CONCRETE FINISHER... $ 24.00 0.00

LABORER: Common or General...... $ 18.79 0.00

LABORER: Pipelayer.............. $ 23.14 0.00

OPERATOR:

Backhoe/Excavator/Trackhoe....... $ 24.91 14.85

OPERATOR: Bobcat/Skid Steer/Skid Loader................ $ 20.01 0.00

OPERATOR: Grader/Blade.......... $ 24.29 0.00

OPERATOR: Loader................ $ 26.10 14.85

OPERATOR: Roller................ $ 28.00 0.00

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"

(End of Summary of Changes)