Amend 0002 Pokegema 9 Sep.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The solicitation issue date has changed from 31-Jul-2009 to 10-Sep-2009.

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

15-JUL-2010

JEFF KLEINERT

USACE - POKEGAMA LAKE

34385 W. HWY 2

GRAND RAPIDS MN 55744-9663

218-326-6128

FOB: Destination

B6R0NH1

To:

15-DEC-2010

JEFF KLEINERT

USACE - POKEGAMA LAKE

34385 W. HWY 2

GRAND RAPIDS MN 55744-9663

218-326-6128

FOB: Destination

B6R0NH1

The following have been added by full text:

52.222-23 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:

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 60-4 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 60-4. 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 MN, Itasca Cty, USA, City of Grand Rapids

(End of provision) 52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials (MAR 2009)

(a) Definitions. As used in this clause—

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Domestic construction material means—

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States.

Foreign construction material means a construction material other than a domestic construction material.

Manufactured construction material means any construction material that is not unmanufactured construction material.

Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

Unmanufactured construction material means raw material brought to the construction site for incorporation into the building or work that has not been—

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

(b) Domestic preference.

(1) This clause implements—

(i) Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States; and

(ii) The Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for unmanufactured domestic construction material.

(2) The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraph (b)(3) and (b)(4) of this clause.

(3) This requirement does not apply to the construction material or components listed by the Government as follows:

(Contracting Officer to list applicable excepted materials or indicate “none”)

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable.

(A) The cost of domestic iron, steel, or other manufactured goods used as construction material is unreasonable when the cumulative cost of such material will increase the cost of the contract by more than 25 percent;

(B) The cost of unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or

(iii) The application of the restriction of section 1605 of the Recovery Act or the Buy American Act to a particular construction material would be inconsistent with the public interest.

(c) Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(4) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this clause.

(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to section 1605 of the Recovery Act or the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to section 1605 of the Recovery Act or the Buy American Act applies, use of foreign construction material is noncompliant with section 1605 of the American Recovery and Reinvestment Act or the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Cost Comparison

Construction Material

Unit of Quantity Cost (Dollars)*

Description

Measure

Item 1:

Foreign construction material _______

Domestic construction material_______

Item 2:

Foreign construction material _______

Domestic construction material_______

(List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.)

(Include other applicable supporting information.)

(* Include all delivery costs to the construction site.])

(End of clause)

The following have been deleted:

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

52.211-5000

EVALUATION OF SUBDIVIDED ITEMS (MAR 1995)--EFARS

Item Nos.__26, 27, 28, 34, 49_________are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its sub-items.

(End of provision)

SECTION 00700 - CONTRACT CLAUSES

The following have been added by full text:

52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988)

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are hereby incorporated by reference in this contract.

(End of clause)

252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (JUL 2009)

(a) Definitions. As used in this clause--

(1) Alloy means a metal consisting of a mixture of a basic metallic element and one or more metallic, or non-metallic, alloying elements.

(i) For alloys named by a single metallic element (e.g., titanium alloy), it means that the alloy contains 50 percent or more of the named metal (by mass).

(ii) If two metals are specified in the name (e.g., nickel-iron alloy), those metals are the two predominant elements in the alloy, and together they constitute 50 percent or more of the alloy (by mass).

(2) Produce means the application of forces or processes to a specialty metal to create the desired physical properties through quenching or tempering of steel plate, gas atomization or sputtering of titanium, or final consolidation of non-melt derived titanium powder or titanium alloy powder.

(3) Specialty metal means--

(i) Steel--

(A) With a maximum alloy content exceeding one or more of the following limits: Manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent; or

(B) Containing more than 0.25 percent of any of the following elements: Aluminum, chromium, cobalt, molybdenum, nickel, niobium (columbium), titanium, tungsten, or vanadium;

(ii) Metal alloys consisting of--

(A) Nickel or iron-nickel alloys that contain a total of alloying metals other than nickel and iron in excess of 10 percent; or

(B) Cobalt alloys that contain a total of alloying metals other than cobalt and iron in excess of 10 percent;

(iii) Titanium and titanium alloys; or

(iv) Zirconium and zirconium alloys.

(4) Steel means an iron alloy that includes between .02 and 2 percent carbon and may include other elements.

(b) Any specialty metal delivered under this contract shall be melted or produced in the United States or its outlying areas.

(End of clause)

252.225-7030 RESTRICTION ON ACQUISITION OF CARBON, ALLOY, AND ARMOR STEEL

PLATE (DEC 2006)

(a) Carbon, alloy, and armor steel plate shall be melted and rolled in the United States or Canada if the carbon, alloy, or armor steel plate--

(1) Is in Federal Supply Class 9515 or is described by specifications of the American Society for Testing Materials or the American Iron and Steel Institute; and

(2)(i) Will be delivered to the Government for use in a Government-owned facility or a facility under the control of the Department of Defense; or

(ii) Will be purchased by the Contractor for use in a Government-owned facility or a facility under the control of the Department of Defense.

(b) This restriction--

(1) Applies to the acquisition of carbon, alloy, or armor steel plate as a finished steel mill product that may be used ``as is'' or may be used as an intermediate material for the fabrication of an end product; and

(2) Does not apply to the acquisition of an end product (e.g., a machine tool), to be used in the facility, that contains carbon, alloy, or armor steel plate as a component.

(End of clause)

The following have been modified:

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

The Contractor shall be required to (a) commence work under this contract within 10 days 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 15 December, 2010 The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by

2 November 2009. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of clause)

52.236-4 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 site investigations by . . . . . . . . . surveys, test pits, site visits, historical plans and specifications.

(b) Weather conditions: Bidders should satisfy themselves before submitting bids as to the hazards from weather conditions. Complete weather records and reports may be obtained from the local U.S. Weather Service

(c) Transportation facilities . . . . . . . . . Dam Access Road

(End of clause) The following have been deleted:

SECTION 00 80 00 - SPECIAL CONTRACT REQUIREMENTS

SECTION 00 80 00 WAGE RATES

General Decision Number: MN080059 08/14/2009 MN59

Superseded General Decision Number: MN20070059

State: Minnesota

Construction Type: Heavy

Counties: Aitkin, Becker, Beltrami, Big Stone, Blue Earth, Brown, Carlton, Cass, Chippewa, Clearwater, Cook, Cottonwood, Crow Wing, Dodge, Douglas, Faribault, Fillmore, Freeborn, Goodhue, Grant, Hubbard, Itasca, Jackson, Kanabec, Kandiyohi, Kittson, Koochiching, Lac Qui Parle, Lake, Lake of the Woods, Le Sueur, Lincoln, Lyon, Mahnomen, Marshall, Martin, McLeod, Meeker, Mille Lacs, Morrison, Mower, Murray, Nicollet, Nobles, Norman, Otter Tail, Pennington, Pine, Pipestone, Pope, Red

Lake, Redwood, Renville, Rice, Rock, Roseau, Sibley, Steele, Stevens, Swift, Todd, Traverse, Wabasha, Wadena, Waseca, Watonwan, Wilkin, Winona and Yellow Medicine Counties in

Minnesota.

HEAVY CONSTRUCTION PROJECTS (Does not include Water & Sewer

Lines or Treatment Plants)

Modification Number Publication Date

0 02/08/2008

1 05/02/2008

2 06/13/2008

3 07/11/2008

4 07/25/2008

5 08/08/2008

6 10/03/2008

7 12/19/2008

8 02/13/2009

9 05/01/2009

10 06/05/2009

11 06/26/2009

12 07/17/2009

13 07/24/2009

14 08/07/2009

15 08/14/2009

* ELEC0110-009 05/01/2009

GOODHUE (West of Belle Creek, Minneola, Roscoe & Vasa

Townships), KANABEC (South of Hillman, Peace & Pomroy

Townships), LE SUEUR (East of Cleveland, Sharon, Tyrone &

Washington Townships), MILLE LACS (South of Bradbury, Lewis &

Onamia Townships), PINE (South of Arione, Barry, Clover, Hinckley & Ogema Townships) & RICE COUNTIES

Rates Fringes

ELECTRICIAN......................$ 34.60 3%+19.18

ELEC0242-006 05/31/2009

AITKIN, CARLTON, CASS (Bounded on the north by the south line of Leech Lake, Minnesota Island, Could, Bay River & Salem

Townships), COOK, CROW WING, HUBBARD (Except Rockwood, Helga, Farden, Lake Hattie, Schoolcraft, Guthrie, Hart Lake, Lake

Alice, Lake George, Hendrickson & Lakeport), ITASCA (Southerly

12 Townships, including Harris, Feely, Blackberry, Spang, Coodland, Sago & Wawina), KANABEC (Northern part, including

Brook, Ford, Krosche, Hillman, Peace & Pomroy Townships), LAKE, MILLE LACS (Including Northerly Townships of Kathio, South

Harbor, Isle, East Side, Onamia & Harbor), MORRISON, PINE

(Excluding southerly Townships of Brook Park, Mission Creek, Munch, Crosby, Pokegama, Cross Lake, Chengwatana, Royalton, Rock Creek & Pine City), TODD & WADENA COUNTIES

Rates Fringes

ELECTRICIAN......................$ 31.24 63.5%

* ELEC0292-005 09/01/2008

BIG STONE, CHIPPEWA, KANDIYOHI, LAC QUI PARLE, MCLEOD, MEEKER,

POPE, STEVENS & SWIFT COUNTIES

Rates Fringes

ELECTRICIAN

ELECTRICAL CONTRACTS

$300,000 AND OVER..........$ 28.17 65.86%

ELECTRICAL CONTRACTS UNDER

$300,000....................$ 27.04 67.55%

CABLE SPLICER = $1.00 additional per hour

ELEC0294-007 05/31/2009

KOOCHICHING (East of a line extending North and South from the easternmost point of the City limits of Grand Rapids) COUNTY

Rates Fringes

ELECTRICIAN......................$ 32.28 58.75%

CABLE SPLICER: $0.55 additional per hour

ELEC0294-009 05/31/2009

BELTRAMI, CASS (Northern part, bounded on the south by a line extending east & west of the south line of Boy River & Salem

Townships), CLEARWATER, HUBBARD (Northern part bounded on the south by a line extending east and west of the south line of

Lake Alice and Lake George Twp), ITASCA (Excluding the section south of a line extending east & west of the south line of

Grand Rapids & Trout Lake Townships), KOOCHICHING (Western part bounded on the east by a line extending north and south from the easternmost point of the city limits of Grand Rapids)

ITASCA (Western part bounded on the east by a line extending north and south from the easternmost point of the city limits of Grand Rapids) & LAKE OF THE WOODS (Excluding the northwest angle) COUNTIES

Rates Fringes

CABLE SPLICER....................$ 32.83 58.75%

Electricians:

Electrical Installations

$3,244,800 and over.........$ 32.28 58.75%

Electrical Installations

Under $3,244,800............$ 23.44 37.5%+5.70

ELEC0343-006 06/27/2008

BLUE EARTH, BROWN, COTTONWOOD, DODGE, FARIBAULT, FILLMORE,

FREEBORN, GOODHUE (Except that portion west of Belle Creek, Minneola, Roscoe & Vasa Townships), JACKSON, LE SUEUR

(Cleveland, Le Sueur, Ottawa, Sharon, Tyrone, Washington &

Kasota Townships), LINCOLN, LYON, MARTIN, MOWER, NICOLLET, REDWOOD, RENVILLE, SIBLEY, STEELE, WABASHA, WASECA, WATONWAN, WINONA & YELLOW MEDICINE COUNTIES

Rates Fringes

ELECTRICIAN

Brown, Cottonwood, Lincoln

& Lyon Counties.............$ 27.15 11.23

Remaining Area..............$ 30.12 14.27

ELEC0426-003 06/01/1999

MURRAY, NOBLES, PIPESTONE & ROCK COUNTIES

Rates Fringes

Electricians:

AREA 1:

CABLE SPLICER..............$ 20.90 6.34

ELECTRICIAN................$ 19.00 6.105

AREA 2:

CABLE SPLICER..............$ 23.54 6.67

ELECTRICIAN................$ 21.40 6.405

AREA 1: 0 to 10 miles from Worthington, Minnesota, and 0 to

70 miles from Sioux Falls, South Daktoa

AREA 2: Outside the above area.

ELEC1426-006 06/01/2006

BECKER, DOUGLAS, GRANT, KITTSON, MAHNOMEN, MARSHALL, NORMAN,

OTTER TAIL, PENNINGTON, RED LAKE, ROSEAU, TRAVERSE & WILKIN

COUNTIES

Rates Fringes

CABLE SPLICER....................$ 23.02 12%+7.18

ELECTRICIAN......................$ 21.92 12%+7.18

* ENGI0049-021 05/01/2009

AREA 1 (METRO): COOK & LAKE COUNTIES

AREA 2 (EASTERN): AITKIN, BLUE EARTH, CARLTON, CASS (South of the northern right-of-way of U.S. Hwy #2 & east of the Western right-of-way of U.S. Hwy #371), CROW WING (East of the western right-of-way of U.S. Hwy #371), DODGE, FARIBAULT, FILLMORE, FREEBORN, GOODHUE, ITASCA (East of the western right-of-way of

MN Hwy #6), KANABEC, KOOCHICHING (East of a north-south line from the Canadian border to Pelland, the western right-of-way of U.S. Hwy #71 from Pelland to Big Falls & MN Hwy #6), LE

SUEUR, MEEKER, MILLE LACS, MORRISON (East of the western right-of-way of U.S. Hwy #371 & U.S. Hwy #10 from Little Falls to the Morrison-Benton County line), MOWER, PINE, RICE, STEELE, WABASHA, WASECA & WINONA COUNTIES; & BROWN, MCLEOD, MARTIN, NICOLLET, SIBLEY & WATONWAN COUNTIES (East of the Western right-of-way of MN Hwy #15)

AREA 3 (WESTERN): BECKER, BELTRAMI, BIG STONE, CASS

(Remainder), CHIPPEWA, CLEARWATER, COTTONWOOD, CROW WING

(Remainder), DOUGLAS, GRANT, HUBBARD, ITASCA (Remainder), JACKSON, KANDIYOHI, KITTSON, KOOCHICHING (Remainder), LAC QUI

PARLE, LAKE OF THE WOODS, LINCOLN, LYON, MAHNOMEN, MARSHALL,

MORRISON (Remainder), MURRAY, NOBLES, NORMAN, OTTER TAIL, PENNINGTON, PIPESTONE, POPE, RED LAKE, REDWOOD, RENVILLE, ROCK, ROSEAU, STEVENS, SWIFT, TODD, TRAVERSE, WADENA, WILKIN & YELLOW

MEDICINE COUNTIES; & BROWN, MCLEOD, MARTIN, MEEKER, NICOLLET,

SIBLEY & WATONWAN (Remainder) COUNTIES

Rates Fringes

Power Equipment Operator

AREA 1:

GROUP 1....................$ 31.57 15.25

GROUP 2....................$ 30.57 15.25

GROUP 3....................$ 30.02 15.25

GROUP 4....................$ 29.72 15.25

GROUP 5....................$ 26.68 15.25

GROUP 6....................$ 25.47 15.25

AREA 2:

GROUP 1....................$ 29.11 15.25

GROUP 2....................$ 28.11 15.25

GROUP 3....................$ 27.66 15.25

GROUP 4....................$ 27.36 15.25

GROUP 5....................$ 24.79 15.25

GROUP 6....................$ 23.92 15.25

AREA 3:

GROUP 1....................$ 24.45 15.25

GROUP 2....................$ 23.45 15.25

GROUP 3....................$ 22.52 15.25

GROUP 4....................$ 22.21 15.25

GROUP 5....................$ 20.50 15.25

GROUP 6....................$ 19.90 15.25

POWER EQUIPMENT OPERATOR CLASSIFICATIONS

GROUP 1 - *Crane with over 135' Boom, excluding Jib; &

Hydraulic Backhoe and/or other similar equipment with

Shovel-type Controls 3 cu. yds. & over

GROUP 2 - Hydraulic Backhoe and/or similar equipment with

Shovel- type Controls, up to 3 cu. yds.; Front End Loader, 5 cu. yds. & over; Locomotive Crane; Master Mechanic;

Tandem Scraper; Tractor, boom type; Truck Crane, Crawler

Crane

GROUP 3 - Dual Tractor; & Scraper - Struck Cap. 32 cu. yds. & over

GROUP 4 - Bituminous Roller (8 Tons & over); Cat Tractor with

Rock Wagon or similar type; Front End Loader, over 1 cu.

yd.; Mechanic; Rubber-tired Farm Tractor, Backhoe Attach.;

Scraper, up to 32 cu. yds.; Skid Steer Loader, over 1 cu.

yd. with Backhoe Attachment; Tractor, Bulldozer; Tractor

Operator, over 50 HP with Power Take-off; & Dismantling or

Repair Mechanic

GROUP 5 - Bituminous Roller (Under 8 tons); Bituminous

Rubber- tired Roller; Front End Loader, up to & incl. 1 cu.

yd.; Loader (Barber Greene or similar type); & Tractor

Operator, Bulldozer, 50 HP or less

GROUP 6 - Mechanic Tender; Mechanic, Space Heater (Temporary

Heat); Roller on Gravel Compaction; Sheep Foot Roller;

Tractor, Wheel type (over 50 HP); & Truck Crane Oiler

CRANE OVER 135' BOOM, EXCLUDING JIB - $ .25 PREMIUM;

CRANE OVER 200' BOOM, EXCLUDING JIB - $ .50 PREMIUM

UNDERGROUND WORK:

TUNNELS, SHAFTS, ETC. - $ .25 PREMIUM

UNDER AIR PRESSURE - $ .50 PREMIUM

HAZARDOUS WASTE PROJECTS (PPE Required):

LEVEL A - $1.25 PREMIUM

LEVEL B - $ .90 PREMIUM

LEVEL C - $ .60 PREMIUM

IRON0512-012 05/01/2009

BIG STONE, BLUE EARTH, BROWN, CHIPPEWA, COTTONWOOD, DODGE,

DOUGLAS, FARIBAULT, FILLMORE, FREEBORN, GOODHUE, GRANT,

JACKSON, KANABEC, KANDIYOHI, LAC QUI PARLE, LE SUEUR, LINCOLN,

LYON, MARTIN, MCLEOD, MEEKER, MILLE LACS, MORRISON, MOWER,

MURRAY, NICOLLET, NOBLES, OTTER TAIL, PIPESTONE, POPE,

REDWOOD, RENVILLE, RICE, ROCK, SIBLEY, STEELE, STEVENS, SWIFT,

TODD, TRAVERSE, WABASHA, WADENA, WASECA, WATONWAN, WINONA &

YELLOW MEDICINE COUNTIES

Rates Fringes

IRONWORKER.......................$ 33.80 20.44

IRON0512-027 05/01/2009

AITKIN, BECKER, BELTRAMI, CARLTON, CASS, CLEARWATER, COOK,

CROW- WING, HUBBARD, ITASCA, KITSON, KOOCHICHING, LAKE, LAKE OF

THE WOODS, MAHNOMEN, MARSHALL, NORMAN, PENNINGTON, PINE, RED

LAKE ROSEAU & WILKIN COUNTIES

Rates Fringes

IRONWORKER.......................$ 29.76 19.50

LABO0563-008 05/01/2008

Rates Fringes

Laborers:

AREA 1:

(1) Flagger................$ 27.32 10.83

(5) Tunnel.................$ 28.02 10.83

(6) Pipelayer..............$ 29.32 10.83

AREA 2:

(1) Flagger................$ 26.82 10.26

(5) Tunnel.................$ 27.52 10.26

(6) Pipelayer..............$ 28.82 10.26

AREA 3:

(1) Flagger................$ 25.83 11.25

(5) Tunnel.................$ 26.53 11.25

(6) Pipelayer..............$ 27.83 11.25

AREA 4:

(1) Flagger................$ 22.64 10.31

(5) Tunnel.................$ 23.34 10.31

(6) Pipelayer..............$ 24.64 10.31

AREA 5:

(1) Flagger................$ 23.34 10.31

(5) Tunnel.................$ 24.04 10.31

(6) Pipelayer..............$ 25.34 10.31

AREA 6:

(1) Flagger................$ 18.99 9.11

(5) Tunnel.................$ 19.69 9.11

(6) Pipelayer..............$ 20.99 9.11

AREA DESCRIPTIONS

AREA 1: (District 1): PINE COUNTY

AREA 2: (District 2A): CARLTON, COOK & LAKE COUNTIES

AREA 3 : (District 2B): ITASCA COUNTY

AREA 4: (District 3A): KANABEC & MILLE LACS COUNTIES

AREA 5 : (District 3B): BLUE EARTH, BROWN, DODGE, FARIBAULT, FILLMORE, FREEBORN, GOODHUE, LE SUEUR, MOWER, NICOLLET, RICE, STEELE, WABASHA, WASECA AND WINONA COUNTIES

AREA 6: (District 4): AITKIN, BECKER, BELTRAMI, BIG STONE, CASS, CHIPPEWA, CLEARWATER, COTTONWOOD, CROW WING, DOUGLAS, GRANT, HUBBARD, JACKSON, KANDIYOHI, KITTSON, KOOCHICHING, LAC QUI PARLE, LAKE OF THE WOODS, LINCOLN, LYON, MAHNOMEN, MARSHALL, MARTIN, MCLEOD, MEEKER, MORRISON, MURRAY, NOBLES, NORMAN, OTTER TAIL, PENNINGTON, PIPESTONE, POPE, RED LAKE, REDWOOD, RENVILLE, ROCK, ROSEAU, SIBLEY, STEVENS, SWIFT, TODD, TRAVERSE, WADENA, WATONWAN, WILKIN AND YELLOW

MEDICINE COUNTIES

PLUM0006-004 08/01/2008

DODGE, FARIBAULT, FILLMORE, FREEBORN, GOODHUE (Southern half), MOWER, RICE, STEELE, WABASHA, WASECA & WINONA COUNTIES

Rates Fringes

PIPEFITTER.......................$ 35.51 13.35

PLUM0011-006 05/01/2008

CARLTON, COOK (A strip 20 miles inland along the shores of Lake

Superior), KANABEC, LAKE (A strip 20 miles inland along the shores of Lake Superior) & PINE COUNTIES

Rates Fringes

PIPEFITTER.......................$ 33.70 14.35

PLUM0011-013 05/01/2008

AITKIN, BECKER, BELTRAMI, CASS (Southern half), CLEARWATER, CROW WING, DOUGLAS, GRANT, HUBBARD, KITTSON, LAKE OF THE WOODS, MAHNOMEN, MARSHALL, NORMAN, OTTER TAIL, PENNINGTON, RED LAKE, ROSEAU, TRAVERSE, WADENA & WILKIN COUNTIES

Rates Fringes

PIPEFITTER.......................$ 29.39 11.83

PLUM0455-005 05/01/2008

GOODHUE COUNTY (Northern half)

Rates Fringes

PIPEFITTER.......................$ 36.41 19.57

PLUM0455-011 05/01/2008

BLUE EARTH, BROWN, COTTONWOOD, JACKSON, LE SUEUR, LINCOLN,

LYON, MARTIN, MURRAY, NICOLLET, NOBLES, PIPESTONE, REDWOOD,

RENVILLE, ROCK, SIBLEY & WATONWAN COUNTIES

Rates Fringes

PIPEFITTER.......................$ 28.21 17.23

PLUM0539-005 05/01/2009

MCLEOD & MILLE LACS COUNTIES

Rates Fringes

PIPEFITTER.......................$ 38.38 19.55

PLUM0539-009 05/01/2009

BIG STONE, CHIPPEWA, KANDIYOHI, LAC QUI PARLE, MEEKER,

MORRISON, POPE, STEVENS, SWIFT, TODD & YELLOW MEDICINE COUNTIES

Rates Fringes

PIPEFITTER.......................$ 32.35 19.68

PLUM0589-004 05/01/2009

CASS (North of a parallel line drawn from the northern boundary of Crow Wing County, west to the east boundary of Wadena

County), COOK (Except a strip 20 miles inland along the shores of Lake Superior), ITASCA KOOCHICHING,& LAKE (Except a strip 20 miles inland along the shores of Lake Superior) COUNTIES

Rates Fringes

PIPEFITTER.......................$ 34.34 15.97

SUMN1994-003 07/08/1994

Rates Fringes

CARPENTER........................$ 13.73 2.55

Laborers:

Landscape...................$ 7.25

Unskilled...................$ 12.33 3.18

PAINTER: Steel Only.............$ 19.42 4.72

Power Equipment Operator

Dragline....................$ 13.41 3.95

Grader......................$ 12.03 2.84

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)).

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

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

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

END OF GENERAL DECISION

52.211-5001

VARIATIONS IN ESTIMATED QUANTITIES, SUBDIVIDED ITEMS

(MAR 1995)--EFARS

This variation in estimated quantities clause is applicable only to Items Nos.___26, 27, 28, 34, 49_______.

(a) Variation from the estimated quantity in the actual work performed under any second or subsequent sub-item or elimination of all work under such a second or subsequent sub-item will not be the basis for an adjustment in contract unit price.

(b) Where the actual quantity of work performed for Items Nos.____ 26, 27, 28, 34, 49________ is less than 85% of the quantity of the first sub-item listed under such item, the contractor will be paid at the contract unit price for that sub-item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause FAR 52.211-18, Variation in Estimated Quantities.

(c) If the actual quantity of work performed under Items Nos. __26, 27, 28, 34, 49__________ exceeds 115% or is less than 85% of the total estimated quantity of the sub-item under that item and/or if the quantity of the work performed under the second sub-item or any subsequent sub-item under Items Nos.__ 26, 27, 28, 34, 49________ exceeds 115% or is less than 85% of the estimated quantity of any such sub-item, and if such variation causes an increase or a decrease in the time required for performance of this contract the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, Variation in Estimated Quantities.

(End of clause)

(End of Summary of Changes)

US ARMY CORPS OF ENGINEERS, CONTRACTING

MAJ PRESTON HAYWARD

190 5TH ST. EAST, SUITE 401

ST. PAUL MN 55101-1638

W81G6791679112

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)

30-105-04

EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

a. The purpose of this amendment is to update sections 1,000, 6,000, 7,000, 8,000,.

b. Estimated Completion Date has been changed to 15 December, 2010, based on an estimated start date of 2 November, 2009.

c. No further changes at this time.

1. CONTRACT ID CODE

PAGE OF PAGES

J

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

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA

15C. DATE SIGNED

15B. 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-09-B-0009

9B. DATED (SEE ITEM 11)

10-Sep-2009

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, 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 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.

U0002

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

10-Sep-2009

CODE

CONTRACTING DIVISION

USACE - ST. PAUL

190 5TH STREET E

ST. PAUL MN 55101

W912ES

7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

FACILITY CODE

EMAIL:

TEL: