AG-0489-S-10-0452 Amend 2.pdf

AG-0489-S-10-0452 Amendment No. 2 OMB Approval 2700-0042

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 9

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

Two (2) 4/22/2010

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6)

CODE

US Forest Serv ice

EROC Northwest 16400 Champion Way

Sandy, OR 97055

8. NAME AND ADDRESS OF CONTRACTOR (No. Street, county, State and ZIP: Code) () 9A. AMENDMENT OF SOLICITATION NO.

AG-0489-S-10-0452

9B. DATED (SEE ITEM 11)

April 13, 2010

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The abov e numbered solicitation is amended as set forth in Item 14. The hour and date specif ied f or receipt of Offers is extended, is not extended.

Off ers must acknowledge receipt of this amendment prior to the hour and date specif ied in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning one (1) copy 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 DATA SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an off er 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 data 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 1 copies to the issuing office.

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

The purpose of this amendment is to correct the following:

1. Wage Determination OR 20100023 is added to Section J, Attachments, for Residential buildings.

The work sites are a mixture of residential and non-residential buildings. This determination is added and clarification is added regarding the applicable wage rates.

2. A revised Schedule of Items for Bid Item #2 is attached. Three buildings were inadvertently left off the schedule.

Except at 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. NAM E AND TITLE OF SIGNER (Type or print) 16A. NAM E AND TITLE OF CONTR ACTING OFF ICER (Type or print)

ROBERT WILLIAMS

15B. CONTR ACTOR /OFFEROR 15C . D ATE SIGNED 16B. UNITED STATES OF AMER ICA 16C . D ATE SIGNED

(Signature of person authorized to sign)

BY _____________________________________________

(Signature of Contr acti ng Officer)

4/22/2010

NSN 7540-01-152-8070 30-105 STANDARD FORM 30

(REV. 10-83)

PREVIOUS EDITION UNUSABLE Computer Generated Prescribed by GSA

FAR (48 CFR) 53.243

Solicitation AG-0489-S-10-0452, Amendment No. 2

Clause FAR 52.222-6, Davis-Bacon Act, is incorporated by reference in this solicitation and any resultant contract. The clause requires the contractor to pay the rates required in the appropriate wage determination. The contractor is responsible for selecting the appropriate rate. If no appropriate rates are listed in the wage determination, the contractor must create a conforming rate. The selection of the rates and any conforming rates are subject to the approval of the contracting officer. If there is a dispute about the appropriate rate, it must be resolved by the DOL Wage and Hour Division.

Wage Determination OR20100023 is added to this solicitation, because numerous buildings are residences. Information concerning which determination (“Residential” or “Building”) may be applicable is available from the Department of Labor at the following link:

http://www.dol.gov/whd/programs/dbra/docs/memo-131.pdf.

Although the Department of Labor would be the final arbiter if a dispute about the wages to be paid arose; the contracting officer has reviewed the determination and made the following observations:

1. Wage Determinations OR20100051 and OR20100063 both contain classifications for metal roofers, but they don’t have another specific classification for other roofers. It appears the laborer (general and common) classification would cover the roofers installing composite roofing.

2. Buildings identified as residences, garages with residences, and cabins would certainly appear to be covered under the “Residential” determination. Small outbuildings near a residence would also appear to be covered as residences. The day care center, cookhouse, and bunkhouse may be covered under the residential determination, however, the DOL document at the above link states dormitories are not covered under the residential determination. The remaining buildings would need to be covered under determinations OR20100051 and OR20100063.

The above information is for informational purposes and to assist contractors in determining the applicable wage determination and wage rate to be used.

http://www.dol.gov/whd/programs/dbra/docs/memo-131.pdf

Forest-Wide Roof Replacement 2010 - Schedule of Items (Amendment No. 2 – Revised Bid Item 2)

MALHEUR NATIONAL FOREST

Building Name Item # Description Method of

Measurement Quantity Unit Unit Price

Total Price

BID ITEM #2 JOHN DAY COMPOUND

115 Residence (Building 1004)

07313(07)

Remove/Dispose Existing Wood Shingle Roofing

AQ 1280 SF

07313(08)

Install New Wood Shingle Roof System

AQ 1280 SF

130 Residence (Building 1002)

07313(09)

AQ 1784 SF

07313(10)

AQ 1784 SF

130 Garage (Building 1501)

07313(11)

AQ 672 SF

07313(12)

110 Residence (Building 1006)

07313(13) Remove/Dispose Existing Wood Shingle Roofing AQ 1900 SF

07313(14)

AQ 1900 SF

110 Garage (Building 1502)

07313(15)

07313(16)

145 Residence (Building 1003)

07313(17) Remove/Dispose Existing Wood Shingle Roofing AQ 1400 SF

07313(18)

AQ 1400 SF

Auto Shop (Building 2100)

07313(19) Remove/Dispose Existing Wood Shingle Roofing AQ 4667 SF

07313(20)

AQ 4667 SF

Barn (Building 2400)

07313(21) Remove/Dispose Existing Wood Shingle Roofing AQ 1312 SF

07313(22)

AQ 1312 SF

Forest-Wide Roof Replacement 2010 - Schedule of Items (Amendment No. 2 – Revised Bid Item 2) Contd.

MALHEUR NATIONAL FOREST

Building Name Item # Description Method of

Measurement Quantity Unit Unit Price

Total Price

BID ITEM #2 JOHN DAY COMPOUND

Soils Lab (Building 2200)

07313(23) Remove/Dispose Existing Wood Shingle Roofing AQ 5388 SF

07313(24)

AQ 5388 SF

Open Storage (Building 2301)

07313(25) Remove/Dispose Existing Wood Shingle Roofing AQ 5024 SF

07313(26)

AQ 5024 SF

Tree Cooler (Building 2309)

07313(27) Remove/Dispose Existing Wood Shingle Roofing AQ 7536 SF

07313(28)

AQ 7536 SF

Gas House (Building 2500)

07313(29) Remove/Dispose Existing Wood Shingle Roofing AQ 892 SF

07313(30)

AQ 892 SF

Total Amount Bid Item No. 2

GENERAL DECISION: OR20100023 03/12/2010 OR23

Date: March 12, 2010

General Decision Number: OR20100023 03/12/2010

Superseded General Decision Number: OR20080023

State: Oregon

Construction Type: Residential

Counties: Baker, Crook, Gilliam, Grant, Harney, Hood River and Jefferson

Counties in Oregon.

RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories).

Modification Number Publication Date

0 03/12/2010

CARP0001-019 07/01/2009

Rates Fringes

Carpenters:

Form Work Only-Multi Unit...$ 23.15 9.61

Form Work Only-Single Unit..$ 20.90 9.61

ELEC0048-008 01/01/2010

HOOD RIVER COUNTY

ELECTRICIAN......................$ 19.00 3%+$7.15

ELEC0112-002 09/01/2009

BAKER, GILLIAM AND GRANT COUNTIES

ELECTRICIAN......................$ 15.50 3%+$7.28

ELEC0280-005 01/01/2010

CROOK AND JEFFERSON COUNTIES

ELECTRICIAN......................$ 25.65 3%+$11.25

ELEC0659-010 01/01/2010

HARNEY COUNTY

ELECTRICIAN......................$ 24.65 3%+$9.90

ENGI0701-018 01/01/2010

Power equipment operators:

GROUP 2.....................$ 35.64 11.50

GROUP 3.....................$ 34.65 11.50

GROUP 4.....................$ 33.71 11.50

GROUP 5.....................$ 32.60 11.50

GROUP 6.....................$ 29.61 11.50

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 2: BULLDOZERS: Bulldozer operator over 120,000 lbs and above; Bulldozer operator, twin engine; Bulldozer

Operator,tandem, quadnine, D10, D11, and similar type;

LOADERS: Loader operator, 120,000 lbs. and above; HYDRAULIC

HOES-EXCAVATOR: Excavator over 130,000 lbs; Blade

Operator-Robotic; Rubber tired scraper with tandom scrapers, multi-engine

GROUP 3: BULLDOZERS: Bulldozer operator, over 70,000 lbs. up to and including 120,000 lbs.; HYDRAULIC HOES-EXCAVATOR:

excavator over 80,000 lbs. through 130,000 lbs.; LOADERS:

Loader operator 60,000 and less than 120,000; Rubber Tired

Scraper: with tandom scrapers; self loading, paddle wheel, auger type, finish and/or 2 or more units.

GROUP 4: BULLDOZERS: Bulldozer Operator over 20,000 lbs and more than 100 horse up to 70,000 lbs; HYDRAULIC HOES

EXCAVATOR/TRACKHOE: Robotic Hydraulic backhoe operator, track and wheel type up to and including 20,0000 lbs. with any or all attachments; Excavator Operator over 20,000 lbs through 80,000 lbs.; LOADERS: Loaders Operator, front end and overhead, 25,000 lbs and less than 60,000 lbs;

Rubber-tired dozers; Asphalt Paver; Screed Operator; Blade

Operator; Rubber-Tired Scraper, single engine, single scraper.

GROUP 5: Roller Operator; BULLDOZERS: Bulldozer operator, 20,000 lbs. or less or 100 horse or less; HYDRAULIC HOES

EXCAVATORS/TRACKHOE: Hydraulic Backhoe Operator, wheel type

(Ford, John Deere, Case type); Hydraulic Backhoe Operator track type up to and including 20,000 lbs.; LOADERS:

Loaders, rubber- tired type, less than 25,000 lbs; Concrete

Pumper; Concrete Paver

GROUP 6: LOADERS: (less than 1 cu yd.); Roller (Non-Asphalt)

LABO0001-030 06/01/2008

Laborers: (Mason

Tender-Cement/Concrete)..........$ 25.75 11.25

LABO0003-004 06/01/2008

Laborers:

GENERAL LABORER-GROUP 1.....$ 24.66 11.25

PLAS0555-003 06/01/2009

CEMENT MASON/CONCRETE FINISHER...$ 28.87 15.59

* SUOR2009-007 10/16/2009

CARPENTER, Excluding Form Work...$ 7.25 0.00

ROOFER...........................$ 14.41 0.00

TEAM0037-008 06/01/2009

Truck drivers:

GROUP 1.....................$ 26.90 12.75

GROUP 2.....................$ 27.02 12.75

GROUP 3.....................$ 27.15 12.75

GROUP 4.....................$ 27.41 12.75

GROUP 5.....................$ 27.63 12.75

GROUP 6.....................$ 27.79 12.75

GROUP 7.....................$ 27.99 12.75

TRUCK DRIVERS CLASSIFICATIONS

GROUP 1: Dump trucks, side, end and bottom dumps: up to and including 10 cu. yds.

GROUP 2: Dump trcuks/articulated dumps 6 cu to 10 cu.;

GROUP 3: Dump trucks, side, end and bottom dumps: over 10

cu. yds. and including 30 cu. yds., includes articulated dump trucks

GROUP 4: Dump trucks, side, end and bottom dumps: over 30 cu.

yds. and including 50 cu. yds. and includes articulated

GROUP 5: Dump trucks, side, end and bottom dumps: over 50

cu. yds. and including 60 cu. yds. and includes articulated

GROUP 6: Dump trucks, side, end and bottom dumps: over 60

cu. yds. and including 80 cu. yds. and includes articulated

GROUP 7: Dump trucks, side, end and bottom dumps: over 80

cu. yds. and including 100 cu. yds., includes articulated

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 (29 CFR 5.5(a)(1)(ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

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

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

4.) All decisions by the Administrative Review Board are final.