W912QR-41942044.pdf

Reply to Attention Of

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, LOUISVILLE DISTRICT

600 Dr Martin Luther King Place Louisville, KY 40202

06 August 2024

Contracting Division

Howard W. Pence, INC.

Geiger Brothers INC Custom Mechanical Systems Corp.

Dear MATOC Contractors:

Reference is made to your Indefinite Delivery Indefinite Quantity (IDIQ) Contracts, Numbers W912P523D0005 through W912P523D0007, Multiple Award Task Order Contracts (MATOCs) for USACE Great Lakes and Ohio River Division (LRD) Regional IDIQ Contract, Design Build (D/B), Design Bid Build (D/B/B) Civil Works Construction.

We request you submit a price proposal for the Design-Build DSCC Detention Basin Adaption to Construction Wetlands (Columbus, OH), as detailed in the Technical Plans and Specifications posted to the PIEE Solicitation Module. This will be the only place that these documents will be available. All vendors must be registered in the SAM database, and the Request for Proposal (RFP) can be found by logging into the website as a vendor and searching for the Solicitation Number W912QR-41942044. The estimated magnitude for this project is between $1,000,000.00 and $5,000,000.00.

The basis for award of this task order is lowest evaluated price. Your proposal should include the price breakout schedule and include a labor category table demonstrating the use of the binding rates included in your MATOC contract. The submitted price breakdown should include sufficient detail to allow the Government to verify that your proposed price incorporates the binding rates from your base contract. Any level of effort shown in the submitted information will not be used for evaluation purposed and will be used only to ensure that the proposal is in compliance with the binding rates from the base contract. Proposals that fail to submit a price breakdown or fail to use the binding rates from your MATOC may not be considered. Proposals submitted in response to this RFP shall be good for no less than sixty (60) calendar days. A proposal guarantee is required and shall be submitted with your proposal.

Proposals are due no later than 4 :00 PM Eastern Time, 05 September 2024 and shall be submitted via the PIEE Solicitation Module. This is the only place that proposals will be accepted. In the event that the PIEE Solicitation Module is down, the only accepted place for receipt of proposals is via email to Contract Specialist Morgan Greenwell at morgan.l.greenwell@usace.army.mil. Offerors must obtain prior approval from the Contracting Officer prior to submitting their proposal via email in the event that the PIEE Solicitation Module is down. If you do not have a Proposal Manager assigned in PIEE, please do so. If you need assistance on registering in PIEE, see the attached instructions.

mailto:morgan.l.greenwell@usace.army.mil

Payment and Performance Bonds will be required for this project. The Notice to Proceed will be issued after receipt and approval of the bonds.

The site visit for this request for proposal will be held on 14 August 2024 at 12:30 PM Eastern Time.

All questions regarding this RFP should be submitted via the Bidder Inquiry function in ProjNet at http://www.ProjNet.org/ProjNet. To submit and review inquiry items, Offerers will need to be a current registered user or self-register into the system. Please see ProjNet instructions included in this RFP for further assistance.

System for Award Management (SAM): Your SAM registration is required to be active prior to any award. You must submit a notarized letter appointing the authorized Entity Administrator before your registration will be activated. This requirement now applies to both new and existing entities. Effective 29 April 2018, the notarized letter process is now mandatory on all CURRENT registrants at SAM who have a requirement to update data on their SAM record. The notarized letter is mandatory and is required before the GSA Federal Service Desk (FSD) will activate the entity's registration.

All contractors must be registered in the System for Award Management (www.SAM.gov) prior to award of a contract. All proposed contractors are highly encouraged to review FAR Clause 52.232-33 Payments by Electronic Funds Transfer - System for Award Management, which indicates "All payments by the Government under this contract shall be made by electronic funds transfer (EFT)." Those not currently registered can obtain registration by going to the website www.SAM.gov. The process can usually be completed from 24 to 48 hours after submission. Contractors will need to obtain a Unique Entity Identifier for processing their registration. If you do not already have a Unique Entity Identifier, one can be obtained from www.SAM.gov. Refer to www.SAM.gov for information formerly found in CCR, EPLS, ORCA and FedReg.

If you have contractual questions, please contact Contract Specialist Morgan Greenwell at the email address provided above. If an Offerer believes that the requirements in the RFP contain an error, omission, or are otherwise unsound; the Offerer shall immediately notify the Contract Specialist in writing with supporting rationale. The Offerer is reminded that the Government reserves the right to award this RFP based on the initial proposals, as received, without discussion.

(Signature) (Date)

Respectfully, Patrick J. Duggins Contracting Officer

(Printed Name)

(Firm Name) 2 http://www.projnet.org/ProjNet http://www.sam.gov/ http://www.sam.gov/ http://www.sam.gov/ http://www.sam.gov/

OFFEROR'S QUESTIONS AND COMMENTS

Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Offeror Inquiry in ProjNet at http://www.ProjNet.org/ProjNet. As noted below, offerors shall not submit their proposals via ProjNet. Offerors shall submit their proposals in accordance with the provisions stated in the solicitation.

To submit and review Proposal inquiry items, offerors will need to be a current registered user or self register into system.

The Solicitation Number is: W912QR-41942044 The Offeror Inquiry Key is: EH6D3B-Q96U4Y

Specific Instructions for ProjNet Proposal Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Offeror Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Select Continue. A page will then open stating a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret

Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Select Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Proposal Inquiry Access:

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your

Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Offeror Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Select Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

From this page you may view all offeror inquiries or add an inquiry.

Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

Offerors are requested to review the specification in its entirety and to review the Offeror Inquiry System for answers to questions prior to submission of a new inquiry.

The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800428HELP.

Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

http://www.projnet.org/ProjNet

NOTES:

1. Offerors shall not submit their proposals via ProjNet, but in accordance with the provisions stated in the solicitation. Any questions regarding acceptable means of submitting offers shall be made directly to the Contract Specialist identified in the solicitation.

2. Government responses to technical inquiries and questions relating to proposal procedures or bonds that are submitted to ProjNet in accordance with the procedures above are not binding on the Government unless an amendment is issued on Standard Form 30. In the case of any conflicts, the solicitation governs. Any changes or revisions to the solicitation will be made by formal amendment. Government responses will be limited to: (a) Notice that an amendment will be issued; (b) Reference to an existing requirement contained in the solicitation; or (c) Notice that a response is not necessary.

3. The ability to enter technical inquiries and questions relating to proposal procedures or bonds will be disabled ten (10) calendar days prior to the closing date stated in the solicitation. No Government responses will be entered into the ProjNet system within five (5) calendar days prior to the closing date stated in the solicitation.

DSCC BID SCHEDULE

SECTION 00 01 00

BID SCHEDULE

BID SCHEDULE

PROJECT: Detention Basin Adaptation to Constructed Wetlands LOCATION: Defense Supply Center Columbus, OH

OFFEROR'S NAME:

BID SCHEDULE

Line Item No. Description Unit QTY Amount

BASE PROPOSAL

0001. Design and Construction: Detention Basin 1 Adaptation to Constructed Wetland

Job $

Total Base Proposal $

OPTIONS PROPOSAL

0002. Bid Option 001: Design and Construction:

Detention Basin 2 Adaptation to Constructed Wetland

Total Options Proposal $

0003. Bid Option 002: Design and Construction:

Detention Basin 3 Adaptation to Constructed Wetland

0004. Bid Option 003: Design and Construction:

Detention Basin 4 Adaptation to Constructed Wetland

TOTAL BASE+ OPTIONS $

DESCRIPTION OF BID ITEMS:

General This section comprises an explanation of the bid items identified in the bid schedule.

Item No. 0001 "Design and Construction of Primary Facilities." One existing detention basin (east of Mason Run, Basin 1 as denoted in Volume 2, Diagrammatic Plans) with a construction area of approximately 1.2 acres will be adapted into a constructed wetland area with wetland specific Ohio native plantings and potential soil amendments, excavation, and earthwork. Detention basin work will also include, the removal of existing trees (as noted in Volume 2 Diagrammatic Plans), existing curb, and modification I replacement of the existing outlet structures. The new outlet structure will be a concrete structure that includes a mechanically opened valve or gate to be able to modify the outlet's flow. New tree plantings where existing trees are removed will be part of the base bid. Any erosion controls and existing protections implemented by the designer of record will be part of the project. There is a contractor laydown area of approximately 2.5 acres (noted on Volume 2, Diagrammatic Plans) for the project.

Item No. 0002 "Bid Option 001: Design and Construction: Primary Facilities." One existing detention basin (east of Mason Run, Basin 2 as denoted in Volume 2, Diagrammatic Plans) with a construction area of approximately 1.1 acres will be adapted into a constructed wetland area with wetland specific Ohio native plantings and potential soil amendments, excavation, and earthwork. Detention basin work will also include the removal of existing curb, and modification I replacement of the existing outlet structures. The new outlet structure will be a concrete structure that includes a mechanically opened valve or gate to be able to modify the outlet's flow. Any erosion controls and existing protections implemented by the designer of record will be part of the project. There is a contractor laydown area of approximately 2.5 acres (noted on Volume 2, Diagrammatic Plans) for the project.

Item No. 0003 "Bid Option 002: Design and Construction: Primary Facilities." One existing detention basin (east of Mason Run, Basin 3 as denoted in Volume 2, Diagrammatic Plans) with a construction area of approximately 1.l acres will be adapted into a constructed wetland area with wetland specific Ohio native plantings and potential soil amendments, excavation, and earthwork. Detention basin work will also include the existing curb, and modification / replacement of the existing outlet structures. The new outlet structure will be a concrete structure that includes a mechanically opened valve or gate to be able to modify the outlet's flow. Any erosion controls and existing protections implemented by the designer ofrecord will be part of the project. There is a contractor laydown area of approximately 2.5 acres (noted on Volume 2, Diagrammatic Plans) for the project.

Item No. 0004 "Bid Option 003: Design and Construction: Primary Facilities." One existing detention basin (east of Mason Run, Basin 4 as denoted in Volume 2, Diagrammatic Plans) with a construction area of approximately 1.1 acres will be adapted into a constructed wetland area with wetland specific Ohio native plantings and potential soil amendments, excavation, and earthwork. Detention basin work will also include the removal of existing trees (as noted in Volume 2 Diagrammatic Plans), existing curb, and modification/ replacement of the existing outlet structures. The new outlet structure will be a concrete structure that includes a mechanically opened valve or gate to be able to modify the outlet's flow. New tree plantings where existing trees are removed will be part of the base bid.

Any erosion controls and existing protections implemented by the designer ofrecord will be part of the project.

There is a contractor laydown area of approximately 2.5 acres (noted on Volume 2, Diagrammatic Plans) for the project.

NOTES FOR CONTRACT LINE ITEM (CLIN) SCHEDULE

NOTE NO. 1. To better facilitate the receipt and proposal process, all modifications to proposals are to be submitted on copies of the latest Bid schedules as published in the solicitation or the latest amendment thereto. In lieu of indicating additions/deductions to line items, all Offerors should state their revised prices for each item.

NOTE NO. 2. Offerors must insert a price on all numbered items, including options of the Bid Schedule. Failure to do so may result in the offer being unacceptable.

NOTE NO. 3. The basis for award is lowest evaluated price. In accordance with 52.2175, Evaluation of Options, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

NOTENO.4.

Refer to Specification 00 80 00.00 06 Special Provisions for Sales and Use Tax regarding tax exempt transactions in the state of Ohio.

NOTE NO. 5

The initial exercise of any of the Bid Options 001003 may extend the Base Contractual period of performance by 90 days. Any followon options exercised after the initial option(s) will not extend the contractual PoP any further.

The Bid Options may be exercised within 180 calendar days of contract award.

END OF CUN SCHEDULE

SECTION 00 70 00

52.21110 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 270 calendar days. *The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.21112 LIQUIDATED DAMAGESCONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $506.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.21113 TIME EXTENSIONS (SEPT 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

252.2367001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall

(l) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general

(1) Largescale drawings shall govern smallscale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File

52.2364 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of surveys.

(b) Weather conditions: The Contractor shall make their own investigations as to weather conditions at the site. Data may be obtained from various National Weather Service office located generally at airports of principal cities, the nearest to this project being: Wilmington, Ohio

(c) Transportation facilities: Roads and railroads in the general area are shown on the drawings. Access ways shall be investigated by the Contractor to satisfy himself as to their existence and allowable use.

(d) Historical data for all areas are included in the DA, but will not be provided to the contractor.

52.2361 PERFORMANCE OF WORK.BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty

(20) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

52.24621 WARRANTY OF CONSTRUCTION (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Governmentowned or controlled real or personal property, when that damage is the result of

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause.

The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Governmentfurnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

52.23627 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.2362, Differing Site Conditions, and 52.2363, 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) An organized site visit has been scheduled for the DETENTION BASIN ADAPTATION TO CONSTRUCTED WETLANDS project at Defense Supply Center Columbus (DSCC). The site visit is scheduled for Wednesday, August 14 at 12:30 PM ET. Reference the instructions below and site map for base access and meeting points.

(c) Please RSVP the following information to Joseph Verdone (Sponsor) to below email:

1. Name of Attendee

2. Company

3. Phone Number and Email Address

4. DBIDS Verification Code for visitor's pass (as required see para. d below)

Send RSVP to Joseph.A.Verdone@usace.army.mil, mailto:Joseph.A.Verdone@usace.army.mil

USACE must receive the email by 1500 hours ET. on 13 August 2024. No additional attendees will be registered after this date or time. A Confirmation email will be sent out by 13 August 2024, to confirm each registration. It will include driving instructions to DSCC visitors center. We will also provide a base map and any other pertinent information.

Notes:

• Bring all Specifications and Drawings needed for the site visit, copies will NOT be provided.

• This site tour will be conducted on foot and will cover approx. 1.25 miles.

• Participants will meet at:

o All attendees are required to meet at Parking/ Meeting Location (Red Box) shown on included map by 1230.

Schedule:

1100: Recommended time to arrive at Pass and ID to receive visitors pass.

1220: KTR's check in at Parking/ Meeting Location 1230: Safety brief 12351305: Tour Basin 3 13101340: Tour Basin 4 13451415: Tour Basin 2 14201450: Tour Basin 1/ Laydown Area 1450: Depart to Parking/ Meeting Location, site visit concluded

Please remember to bring a Current State Issued TD and/ or documents used for DBTDS preregistration in order to attend the site visit.

(d) Base Access Instructions for DSCC

Step One The visitor will need to follow link to DBIDs to preenroll and to obtain a Verification Code.

The link for the DBIDS PREENROLLMENT is:

https://dbidsglobalenroll.dmdc.mil/preenrollui/

* * If link does not work try Microsoft Edge * *

• Use Joseph Verdone as sponsor when filling out the DBIDS Sponsor information.

• For the site field, select "all" for service, select state of Ohio then select Defense Logistics

Agency Columbus for the site.

Step Two Please submit the following information to our office:

• Verification Code from Step one

• Individual's Name

• Individual's Employer/ Company Name

• Date of Visit

• Arrival Time (Use 1100 from above, pass will be available after that time but not before)

• Duration of Visit (up to 7 calendar days maximum)

Please submit via email to:

joseph.a.verdone@usace.army.mil 9379200512

To pick up temporary pass mailto:joseph.a.verdone@usace.army.mil

Report to the visitor center located at 401 N Yearling Rd. Enter the gate and move to the right. It is the first building on the right before the security check point with flag poles in front of it. Check in at the visitor center and you will be issued a temp pass good for the day. Once you have the pass you will be directed to the vehicle inspection area. Security will go through the vehicle so please do not bring weapons or any other items that you don't want police to find. This process can take up to 30 minutes if its busy. If you miss the turn in to the visitor center tell the police at the security check point and they can show you how to get to the visitor center from the check point. Keep the pass with you at all times.

(End of Provision)

52.22223 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

10.6%

6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 604 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects.

The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 604. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Christian County, Fort Campbell, Kentucky.

(End of Provision)

UAI 5152.2369011 DESIGNBUILD CONSTRUCTION CONTRACTS (MAR 2019)

(a) DesignBuild Contract Order of Precedence. The contract includes the standard contract clauses and schedules current at the time of contract award. It entails (1) the Solicitation in its entirety, including all drawings, cuts, and illustrations, and any amendments, and (2) the successful offeror's accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the

Government. No documentation shall be omitted which in any way bears upon the terms of that agreement.

(1) In the event of conflict or inconsistency between any portion of this contract, precedence shall be given in the following order:

i. Betterments: Any portions of the accepted proposal which both conform to and exceed the requirements of the Solicitation.

ii. The requirements of the Solicitation. (See also FAR 52.23621, Specifications and Drawings for Construction)

iii. All other elements of the accepted proposal.

iv. Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are "deliverables" under the contract and are not part of the contract itself. Design products must conform to all provisions of the contract, in the order of precedence herein.

(b) Personnel, subcontractors, and outside associates or consultants. In connection with this contract, any inhouse personnel, subcontractors, and outside associates or consultants will be limited to individuals or firms that were specifically identified in the Contractor's accepted proposal. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these designated inhouse personnel, subcontractors, associates, or consultants. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted proposal to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted proposal or that required by the Solicitation, whichever is greater, is the minimum standard for any substitution.

(c) Responsibility of the Contractor for Design. The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other non construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other nonconstruction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission.

(l) The standard of care for all design services performed under this agreement shall be the care and skill ordinarily used by members of the architectural or engineering professions practicing under similar conditions at the same time and locality. Notwithstanding the above, in the event that the contract specifies that portions of the Work be performed in accordance with a performance standard, the design services shall be performed so as to achieve such standards.

(2) Neither the Government's review, approval or acceptance of, nor payment for, the services required under this contract, shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor's negligent performance of any of these services furnished under this contract.

(3) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(4) If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

(d) Contractor's Role during the Design Process. The Contractor's construction management key personnel shall be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the Contractor's involvement includes, but is not limited to actions such as: integrating the design schedule into the Master Schedule to maximize the effectiveness of fasttracking design and construction (within the limits allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the design and construction quality control (QC) management programs with the design QC program, and maintaining and providing the design team with accurate, uptodate redline and asbuilt documentation for eventual submission as Record Drawings.. The Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.

(e) Deviating from the Accepted Design. The Contractor must obtain the approval of the Designer of Record and the Government's concurrence, in the form of supplemental agreement to the contract, for any Contractorproposed revision to the professionally stampedandsealed and Governmentreviewed final design that has been released for Construction before proceeding with the revision. The Government reserves the right to disapprove such a revision.

(1) The Government reserves the right to nonconcur with any revision to the final design that has been released for construction, including those which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed design.

(2) Any Contractorproposed revision to the design which deviates from the contract requirements (i.e., the Request for Proposal (RFP) and the accepted proposal), will require a bilateral modification (e.g.

supplemental agreement) to the contract before any work commences.

(3) Unless the Government initiates a change to the contract requirements, or the Government determines that the Government furnished design criteria are incorrect and must be revised, any Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.

(4) The Contractor shall track all approved revisions to the reviewed and accepted design and shall incorporate them into the asbuilt design documentation, in accordance with agreed procedures. The Designer of Record shall document its professional concurrence on the asbuilts for any revisions in the stamped and sealed drawings and specifications.

(f) Value Engineering after Award. In reference to Federal Acquisition Regulation (FAR) 52.2483, Value Engineering Construction, the Government may refuse to entertain a "Value Engineering Change Proposal" (VECP) for those "performance oriented" aspects of the Solicitation documents which were addressed in the Contractor's accepted contract proposal and which were evaluated in competition with other offerors for award of this contract.

(1) The Government may consider a VECP for those "prescriptive" aspects of the Solicitation documents, not addressed in the Contractor's accepted contract proposal or addressed but evaluated only for minimum conformance with the Solicitation requirements.

(2) For purposes of this clause, the term "performance oriented" refers to those aspects of the design criteria or other contract requirements, which allow the offeror or Contractor certain latitude, choice of and flexibility to propose in its accepted proposal a choice of design, technical approach, design solution, construction approach or other approach to fulfill the contract requirements. Such requirements generally tend to be expressed in terms of functions to be performed, performance required or essential physical characteristics, without dictating a specific process or specific design solution for achieving the desired result.

(3) In contrast, for purposes of this clause, the term "prescriptive" refers to those aspects of the design criteria or other Solicitation requirements wherein the Government expressed the design solution or other requirements in terms of specific material, approaches, systems, and/or processes to be used.

Prescriptive aspects typically allow the offerors little or no freedom in the choice of design approach, materials, fabrication techniques, methods of installation, or any other approach to fulfill the contract requirements.

(g) Warranty of Design. The Contractor warrants that the design shall be performed in accordance with the contract requirements. Design and design related construction not conforming to the Contract requirements shall be corrected at no additional cost to the Government. The standard of care for design is defined in paragraph c of this clause, Responsibility of the Contractor for Design.

(1) The period of this warranty shall commence upon final completion and the Government's acceptance of the work, or in the case of the Government's beneficial occupancy of all or part of the work for its convenience, prior to final completion and acceptance, at the time of such occupancy.

(2) This design warranty shall be effective from the above event through the Statute of Limitations and Statute of Repose or host nation law, as applicable to the place of construction performance.

(3) The rights and remedies of the Government provided for under this clause are in addition to any other rights and remedies provided in this contract or by law.

(h) Government ReUse of Design. In conjunction with the Defense Federal Acquisition Regulation Supplement (DFARS) 252.2277022, Government Rights (Unlimited), the Government will not ask for additional originals or copies of the design works after the Contractor provides all required design documentation and record drawing documentation under the instant contract. Further, if the Government uses the design for other projects without additional compensation to the Contractor for reuse, the Government releases the Contractor from liability in the design on the other projects, due to defects in the design that are not the result of fraud, gross mistake as amounts to fraud, gross negligence or intentional misrepresentation.

"General Decision Number: OH20240001 07/26/2024

Superseded General Decision Number: OH20230001

State: Ohio

Construction Types: Heavy and Highway

Counties: Ohio Statewide.

Heavy and Highway Construction Projects

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.l(a)(l).

If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022:

If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022:

Executive Order 14026 generally applies to the contract.

The contractor must pay all covered workers at least $17.20 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 2024.

Executive Order 13658 generally applies to the contract.

The contractor must pay all covered workers at least $12.90 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2024.

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/05/2024 1 01/26/2024 2 03/08/2024 http://www.dol.gov/whd/govcontracts

3 04/05/2024 4 07/05/2024 5 07/26/2024

BROH0001-001 06/01/2023

DEFIANCE, FULTON (Excluding Fulton, Amboy & Swan Creek Townships), HENRY (Excluding Monroe, Bartlow, Liberty, Washington, Richfield, Marion, Damascus & Townships & that part of Harrison Township outside corporate limits of city of Napoleon), PAULDING, PUTNAM and WILLIAMS COUNTIES

Rates Fringes

Bricklayer, Stonemason...........$ 32.40

BROH0001-004 06/01/2023

19.30

Rates

CEMENT MASON/CONCRETE FINISHER...$ 32.40

BROH0003-002 06/01/2023

Fringes

19.30

FULTON (Townships of Amboy, Swan Creek & Fulton), HENRY (Townships of Washington, Damascus, Richfield, Bartlow, Liberty, Harrison, Monroe, & Marion), LUCAS and WOOD (Townships of Perrysburg, Ross, Lake, Troy, Freedom, Montgomery, Webster, Center, Portage, Middleton, Plain, Liberty, Henry, Washington, Weston, Milton, Jackson & Grand Rapids) COUNTIES

BROH0005-003 06/01/2020

19.30

CUYAHOGA, LORAIN & MEDINA (Hinckley, Granger, Brunswick, Liverpool, Montville, York, Homer, Harrisville, Chatham, Litchfield & Spencer Townships and the city of Medina)

BRICKLAYER

BRICKLAYERS; CAULKERS;

CLEANERS; POINTERS; &

STONEMASONS ............ $ 36.64 17.13

SANDBLASTERS ........... $ 36.39 17.13

SEWER BRICKLAYERS & STACK

BUILDERS ............... $ 36.64 17.13

SWING SCAFFOLDS ......... $ 37.14 17.13

BROH0006-005 06/01/2023

CARROLL, COLUMBIANA (Knox, Butler, West & Hanover Townships), STARK & TUSCARAWAS

Bricklayer, Stonemason...........$ 32.40 19.30

BROH0007-002 06/01/2023

LAWRENCE

Rates Fringes

Bricklayer, Stonemason...........$ 32.40

BROH0007-005 06/01/2023

PORTAGE & SUMMIT

19.30

Rates

BRICKLAYER .......................$ 32.40

BROH0007-010 06/01/2023

PORTAGE & SUMMIT

Fringes

19.30

Rates Fringes

MASON - STONE....................$ 32.40

BROH0008-001 06/01/2023

19.30

COLUMBIANA (Salem, Perry, Fairfield, Center, Elk Run, Middleton, & Unity Townships and the city of New Waterford), MAHONING & TRUMBULL

Rates Fringes

BRICKLAYER .......................$ 32.40

BROH0009-002 06/01/2023

19.30

BELMONT & MONROE COUNTIES and the Townships of Warren & Mt.

Pleasant and the Village of Dillonvale in JEFFERSON COUNTY

Rates Fringes

Bricklayer, Stonemason........... $ 32.40 Refractory.......................$ 31.45

BROH0010-002 06/01/2023

19.30 19.01

COLUMBIANA (St. Clair, Madison, Wayne, Franklin, Washington, Yellow Creek & Liverpool Townships) & JEFFERSON (Brush Creek & Saline Townships)

Rates Fringes

Bricklayer, Stonemason........... $ 32.40

BROH0014-002 06/01/2023

19.30

HARRISON & JEFFERSON (Except Mt. Pleasant, Warren, Brush Creek, Saline & Salineville Townships & the Village of Dillonvale)

Bricklayer, Stonemason ....... $ 32.40

BROH0016-002 06/01/2023

ASHTABULA, GEAUGA, and LAKE COUNTIES

Rates

Bricklayer, Stonemason ....... $ 32.40

BROH0018-002 06/01/2023

Fringes

BROWN, BUTLER, CLERMONT, HAMILTON, PREBLE (Gasper, Dixon, Israel, Lanier, Somers & Gratis Townships) & WARREN COUNTIES:

Rates

BROH0022-004 06/01/2023

Fringes

19.30

CHAMPAIGN, CLARK, CLINTON, DARKE, GREENE, HIGHLAND, LOGAN,

MIAMI, MONTGOMERY, PREBLE (Jackson, Monroe, Harrison, Twin, Jefferson & Washington Townships) and SHELBY COUNTIES

BROH0032-001 06/01/2023

GALLIA & MEIGS

BROH0035-002 06/01/2023

ALLEN, AUGLAIZE, MERCER and VAN WERT COUNTIES

Rates

Bricklayer, Stonemason ....... $ 32.40

BROH0039-002 06/01/2023

ADAMS & SCIOTO

BROH0040-003 06/01/2023

Fringes

19.30

ASHLAND, CRAWFORD, HARDIN, HOLMES, MARION, MORROW, RICHLAND,

WAYNE and WYANDOT (Except Crawford, Ridge, Richland & Tymochtee Townships) COUNTIES

FOOTNOTE: Layout Man and Sawman rate: $1.00 per hour above journeyman rate.

Free standing stack work ground level to top of stack;

Sandblasting and laying of carbon masonry material in swing stage and/or scaffold; Ramming and spading of plastics and gunniting: $1.50 per hour above journeyman rate.

''"Hot"" work: $2.50 above journeyman rate.

BROH0044-002 06/01/2023

Bricklayer, Stonemason

COSHOCTON, FAIRFIELD,

GUERNSEY, HOCKING, KNOX,

KICKING, MORGAN,

MUSKINGUM, NOBLE (Beaver, Buffalo, Seneca & Wayne Townships) & PERRY

COUNTIES:...................$ 32.40

* BROH0045-002 06/01/2023

FAYETTE, JACKSON, PIKE, ROSS and VINTON COUNTIES

19.30

Rates Fringes

Bricklayer, Stonemason...........$ 35.39

BROH0046-002 06/01/2023

17.47

ERIE, HANCOCK, HURON, OTTAWA, SANDUSKY, SENECA, WOOD (Perry & Bloom Townships) and WYANDOT (Tymochtee, Crawford, Ridge & Richland Townships) COUNTIES & the Islands of Lake Erie north of Sandusky

FOOTNOTE: Layout Man and Sawman rate: $1.00 per hour above journeyman rate.

Free standing stack work ground level to top of stack;

Sandblasting and laying of carbon masonry material in swing stage and/or scaffold; Ramming and spading of plastics and gunniting: $1.50 per hour above journeyman rate.

''"Hot"" work: $2.50 above journeyman rate.

BROH0052-001 06/01/2023

ATHENS COUNTY

BROH0052-003 06/01/2023

NOBLE (Brookfield, Noble, Center, Sharon, Olive, Enoch, Stock, Jackson, Jefferson & Elk Townships) and WASHINGTON COUNTIES

BROH0055-003 06/01/2023

DELAWARE, FRANKLIN, MADISON, PICKAWAY and UNION COUNTIES

CARP0003-004 05/01/2017

MAHONING & TRUMBULL

19.30

Rates

CARPENTER ........................$ 26.20

CARP0069-003 05/01/2017

CARROLL, STARK, TUSCARAWAS & WAYNE

Fringes

17.42

Rates

CARPENTER ........................$ 25.98

CARP0069-006 05/01/2017

COSHOCTON, HOLMES, KNOX & MORROW

Fringes

15.98

Rates

CARPENTER ........................$ 24.04

CARP0171-002 05/01/2024

BELMONT, COLUMBIANA, HARRISON, JEFFERSON & MONROE

Fringes

15.29

CARPENTER........................$ 31.82

CARP0200-002 05/01/2024

25.11

ADAMS, ATHENS, DELAWARE, FAIRFIELD, FAYETTE, FRANKLIN, GALLIA,

GUERNSEY, HIGHLAND, HOCKING, JACKSON, LAWRENCE, LICKING,

MADISON, MARION, MEIGS, MORGAN, MUSKINGUM, NOBLE, PERRY,

PICKAWAY, PIKE, ROSS, SCIOTO, UNION, VINTON and WASHINGTON

COUNTIES

CARPENTER........................$ 33.15

Diver............................$ 39.41

PILEDRIVERMAN ....................$ 33.15

CARP0248-005 07/01/2008

LUCAS & WOOD

22.43

10.40 22.43

CARPENTER........................$ 27.27

CARP0248-008 07/01/2008

14.58

CARPENTER

DEFIANCE, FULTON, HANCOCK,

HENRY, PAULDING & WILLIAMS

Rates Fringes

COUNTIES....................$ 23.71

CARP0254-002 05/01/2017

ASHTABULA, CUYAHOGA, GEAUGA & LAKE

13.28

Rates

CARPENTER ........................$ 32.40

CARP0372-002 05/01/2024

Fringes

16.97

ALLEN, AUGLAIZE, HARDIN, MERCER, PUTNAM & VAN WERT

CARPENTER........................$ 30.73

CARP0639-003 05/01/2017

MEDINA, PORTAGE & SUMMIT

Fringes

25.09

Rates

CARPENTER........................$ 30.42

CARP0735-002 05/01/2024

ASHLAND, ERIE, HURON, LORAIN & RICHLAND

Rates

CARPENTER........................$ 33.43

CARP1311-001 05/01/2017

16.99

22.31

BROWN, BUTLER, CHAMPAIGN, CLARK, CLERMONT, CLINTON, DARKE,

GREENE, HAMILTON, LOGAN, MIAMI, MONTGOMERY, PREBLE, SHELBY &

WARREN

Carpenter & Piledrivermen ........$ 29.34 Diver............................$ 40.58

CARP1393-002 05/01/2024

15.95 9.69

CRAWFORD, DEFIANCE, FULTON, HANCOCK, HENRY, LUCAS, OTTAWA,

PAULDING, SANDUSKY, SENECA, WILLIAMS & WOOD

Piledrivermen & Diver's Tender...$ 36.84

27.72

DIVERS - $250.00 per day

CARP1393-003 05/01/2024

ALLEN, AUGLAIZE, HARDIN, MERCER, PUTNAM, VAN WERT & WYANDOT

Rates

Piledrivermen & Diver's Tender...$ 34.68

DIVERS - $250.00 per day

CARP1871-006 05/01/2017

BELMONT, HARRISON, & MONROE

Fringes

27.60

Rates

Diver, Wet.......................$ 48.11 Piledrivermen; Diver, Dry........$ 32.07

CARP1871-008 05/01/2017

Fringes

17.33 17.33

ASHLAND, ASHTABULA, CUYAHOGA, ERIE, GEAUGA, HURON, LAKE,

LORAIN, MEDINA, PORTAGE, RICHLAND & SUMMIT

Diver, Wet.......................$ 45.80 Piledrivermen; Diver, Dry........$ 30.53

CARP1871-014 05/01/2017

CARROLL, STARK, TUSCARAWAS & WAYNE

Rates

Diver, Wet.......................$ 38.34 Piledrivermen; Diver, Dry........$ 25.56

CARP1871-015 05/01/2017

COSHOCTON, HOLMES, KNOX & MORROW

18.84 18.84

16.95 16.95

Rates

Diver, Wet.......................$ 37.34 Piledrivermen; Diver, Dry........$ 24.89

CARP1871-017 05/01/2017

MAHONING & TRUMBULL

Fringes

16.07 16.07

Diver, Wet.......................$ 40.65 Piledrivermen; Diver, Dry........$ 27.10

CARP2235-012 01/01/2014

COLUMBIA…