AMENDMENT 0005 W912P6-09-B-0021.pdf

W81G6691212535

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

REFERENCE: Chicago Sanitary and Ship Canal (CSSC) Aquatic Nuisance Species Electrical Demonstration Permanent Dispersal Barrier IIB Building, Romeoville, Illinois

By w ay of this Amendment #0005, the government is hereby amending the previously issued Solicitation Number W912P6-09-B-0021 as delineated on the follow ing pages.

1. THE BID OPENING DATE IS HEREBY EXTENDED TO SEPTEMBER 25, 2009; the Bid Opening time remains 2:00 P.M. CST. Detailed information regarding bid submission is located in Section 00010 of the Solicitation document.

2. Point of Contact for this Amendment is Anita R. Simpkins at (312) 846-5372.

--THIS AMENDMENT CONTINUES ON PAGE 2—

1. CONTRACT ID CODE PAGE OF PAGES

J 1 55

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

16C. DATE SIGNED

BY 16-Sep-2009

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912P6-09-B-0021

X 9B. DATED (SEE ITEM 11)

11-Aug-2009

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X 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 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

16-Sep-2009

CODE

U. S. ARMY ENGINEER DISTRICT, CHICAGO

111 NORTH CANAL STREET SUITE 600

CHICAGO IL 60606-7206

W912P6 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P6-09-B-0021

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

Continuation of Amendment Description:

3. Changes to Solicitation Sections are as follows:

a. Bidders shall replace the previously issued Bid Schedule with the Revised Bid Schedule contained in this Amendment.

Note the following changes:

- Sub-Line Items 0001AF and 0001AG are added.

- Sub-Line Items 0001AE through 0001AG will be fully funded with American Recovery and Reinvestment Act of 2009 (ARRA) Funds.

- The Quantity of Line Item 0006 is decreased by 507 LF from 900 LF to 393 LF

b. Solicitation Section 00700 is hereby modified as follows:

1. As the Government intends to allocate ARRA funds under the resultant contract, the following Contract Clauses, as implemented by the American Recovery and Reinvestment Act (ARRA), are hereby incorporated, by their full text, into Section 00700 of this Solicitation document, in accordance with the Federal Acquisition Circular (FAC) 2005-32.

Added Clause:

52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND

REINVESTMENT ACT OF 2009 (MAR 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

(End of clause)

52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT-REPORTING REQUIREMENTS

(MAR 2009)

(a) Definitions. As used in this clause—

Contract, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited

to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

First-tier subcontract means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

Jobs created means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Jobs retained means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Total compensation means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) ( FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government's on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report.

The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(l) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

52.215-2 AUDIT AND RECORDS--NEGOTIATION (MAR 2009)

(a) As used in this clause, "records" includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor's plants, or parts of them, engaged in performing the contract.

(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor's records, including computations and projections, related to--

(1) The proposal for the contract, subcontract, or modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the contract, subcontract, or modification; or

(4) Performance of the contract, subcontract or modification.

(d) Comptroller General. (1) The Comptroller General of the United States, or an authorized representative, shall have access to and the right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract or a subcontract hereunder and to interview any current employee regarding such transactions.

(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating (1) the effectiveness of the Contractor's policies and procedures to produce data compatible with the objectives of these reports and (2) the data reported.

(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition--

(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.

(g) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract that exceed the simplified acquisition threshold, and--

(1) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type or any combination of these;

(2) For which cost or pricing data are required; or

(3) That require the subcontractor to furnish reports as discussed in paragraph (e) of this clause.

The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.

2. The following FAR Clause 52.225-11 is hereby deleted and replaced with FAR Clause 52.225-21, as provided herein.

52.225-11 Buy American Act--Construction Materials Under Trade

Agreements

JUN 2009

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:

NONE

(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.])

c. Solicitation Section 00800 - SPECIAL CONTRACT REQUIREMENTS is revised as follows:

The following have been deleted:

52.232-5004 INCREMENTAL FUNDING CLAUSE JAN 2007

4. Changes to Specification Sections are as follows:

a. Specification Section 01 22 00.00 10 MEASUREMENT AND PAYMENT shall be removed and replaced in its entirety, with the revised Specification Section 01 22 00.00 10, which is attached hereto.

b. Paragraph 2.1.1 Project Identification Sign in Specification Section 01 58 00.00 03 PROJECT SIGN AND SAFETY SIGN is revised to include information for ARRA Project signs. Specification Section 01 58 00.00 03 shall be removed and replaced in its entirety, with the revised Specification Section 01 58 00.00 03, which is attached hereto.

5. Revised Davis Bacon Wage Rates, REV (21), dated 9/11/2009 are applicable to this acquisition and are attached hereto.

6. Questions submitted by Bidders and USACE responses are attached hereto.

7. All other terms and conditions of this Solicitation remain unchanged.

8. Point of Contact for this Amendment is Anita R. Simpkins at (312) 846-5372.

REVISED BID SCHEDULE

AMENDMENT 0005

ITEM NO SUPPLIES/SERVICES

PHASE I - CONSTRUCT FISH BARRIER BUILDING – Under Phase I of the

Contract, the Contractor is REQUIRED to complete all building construction work (structural, mechanical, electrical and finishes) no later than March 30, 2010. This requirement does not apply to the mechanical and electrical testing, which will be performed by another government Contractor (referenced in the Technical Specifications as, “work performed by others”).

Bidder’s shall provide their pricing at Sub-Items 0001AA through 0001AG, as this Item 0001 identifies the information that relates directly to Sub-Items 0001AA through 0001AG; therefore, this Item 0001 it is not to be scheduled separately for delivery, identified separately for shipment or performance, or priced separately for payment purposes.

FIRM FIXED PRICE (FFP)

PURCHASE REQUEST NUMBER: W81G6691212535

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001AA 1 Lump Sum

MOBILIZATION / DEMOBILIZATION

FFP

NET AMT

0001AB 1 Lump Sum

PROJECT AND SAFETY SIGNS

0001AC 1 Lump Sum

FOUNDATION PREPARATION

0001AD 1 Lump Sum

BUILDING

0001AE 1 Lump Sum

RECOVERY ACTION - CONCRETE, INTERIOR AND EXTERIOR

FFP

THIS ITEM WILL BE 100% FUNDED UNDER ARRA FUNDING.

0001AF 1 Lump Sum

RECOVERY ACTION - BUILDING ELECTRIC

FFP

0001AG 1 Lump Sum

RECOVERY ACTION - EXTERIOR ELECTRICAL DISTRIBUTION

FFP

TEST WELL

This Item identifies information that relates directly to Sub-Items 0002AA and 0002AB; it is not to be scheduled separately for delivery, identified separately for shipment or performance, or priced separately for payment purposes. In that regard, the Offeror shall set forth its pricing at Sub-Items 0002AA and 0002AB.

0002AA 200 Linear

Foot

INSTALL ONE (1) TEST WELL (FIRST 200') LINEAR FEET

0002AB 100 Linear

INSTALL ONE (1) TEST WELL (OVER 200') LINEAR FEET

INSTALL WATER WELLS

This Item identifies information that relates directly to Sub-Items 0003AA and 0003AB; it is not to be scheduled separately for delivery, identified separately for shipment or performance, or priced separately for payment purposes. In that regard, the Offeror shall set forth its pricing at Sub-Items 0003AA and 0003AB.

0003AA 300 Linear

INSTALL TWO (2) WATER WELLS (FIRST 300')

0003AB 200 Linear

INSTALL TWO (2) WATER WELLS (OVER 300')

0004 520 Hours PHASE II - ON-SITE COORDINATION EFFORTS - Under this stage of the

Contract (from March 31, 2010 thru June 30, 2010), the Contractor will be required to furnish all personnel and equipment onsite to perform coordination efforts for work that will be performed by others. In the performance of these efforts, the contractor shall ensure that it will have personnel and equipment available for testing of the work performed by others.

0005 1 Lump Sum PHASE III - REMAINING WORK ITEMS - Under this stage of the Contract, the

Contractor is required to complete all remaining work (INCLUDES final testing and construction tasks related to project completion). Final completion of all remaining work shall be accomplished by July 30, 2010. - The entire building shall be considered complete when all systems have been installed and final testing has been accomplished.

0006 393 Linear

FENCE INSTALLATION

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE NOT TO EXCEED

AMOUNT

0007 1 Lump Sum $125,000.00 $125,000.00

ALLOWANCE FOR ELECTRICAL UTILITY CONNECTION AND SERVICE

FEES

THIS IS A COST-REIMBURSABLE LINE ITEM - The Government will reimburse the Contractor for actual costs associated with this bid item, not to exceed its bid price. Therefore, the government will not pay more than the total line item amount for this bid item. Should the contractor exhaust its budget (bid price) for this line item because additional services are deemed necessary, the government may negotiate a fair and reasonable price with the contractor to make adjustments to the contract price. However, the contractor shall NOT incur any additional costs or perform any additional services outside of the bid price until the government has authorized the contractor to proceed with the additional services.

The COR is responsible for processing payments. The contractor shall provide the COR with paid invoices and all other supporting cost information for the verification of the Contractor’s expenditures for this line item.

$125,000.00

NOT TO EXCEED

AMOUNT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE NOT TO EXCEED

AMOUN

0008 1 Lump Sum

PERFORMANCE AND PAYMENT BONDS

THIS IS A COST REIMBURSABLE LINE ITEM - The Government will reimburse the Contractor for the actual cost of acceptable performance and payments bonds, upon receiving evidence of payment (paid invoice) from the bonding company or agency, not to exceed the total amount of the contract line item. The Government will not pay more than the total line item amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line item accordingly.

Adjustment(s) to the line item will also be made for any revisions to the actual bond costs associated with contract changes.

NOT TO EXCEED

AMOUN

TOTAL BID AMOUNT -

(LINE ITEMS 0001 THROUGH 0008): $___________________ (The bidder shall include the total AMOUNT OF THE ALLOWANCE provided AT LINE ITEM 0007 in its total Bid amount.)

1. SPECIAL ALLOCATION OF ARRA FUNDING:

The government intends to allocate ARRA funding as stated in the Bid Schedule; however, the government reserves the right to shift ARRA funds to other line item(s) in the bid schedule at the time of award; the respective line items will be clearly identified in the Bid Schedule of the resultant contract and marked as an “ARRA funded item.” Notwithstanding this method of allocating the ARRA funding, the contract will be fully funded at the time of award.

2. PRE-BID MEETING/SITE VISITATION:

The Contractor is STRONGLY ENCOURAGED to visit the site of the work in order to acquaint itself as to site conditions and other problems incident to the prosecution of the work.

A Pre-Bid Meeting and Site Visitation is Scheduled for this acquisition to discuss the bidding process and various aspects of the Project. The meeting will take place on August 26, 2009, beginning promptly at 10:00AM CST and the site visit will follow thereafter.

Place: The River Center, Lobby Conference Room Address: 111 North Canal Street Chicago, Illinois 60606 POC: Rick Hurt at (312) 860-0083

Note: In no event will failure to inspect the site constitute grounds for a claim after contract award.

3. BID CONDITIONS:

a. The bidder’s total price for the work shall be based on the TOTAL of all BID ITEMS included in the above Bid Schedule, with no exceptions. The Government intends to award all BID ITEMS to the successful bidder at the bid prices stated in the Bid Schedule.

b. Split awards or multiple award contracts will not result from this Solicitation.

c. Bidders are required to complete the entire Bid Schedule; therefore, any bidder who does not complete the entire Bid Schedule may be considered non-responsive to the Solicitation and ineligible for award.

4. SMALL BUSINESS SUBCONTRACTING PLAN:

a. Prior to the Contracting Officer awarding the contract, the successful bidder will be required to submit a Small Business Subcontracting Plan in accordance with the provision of FAR Clause 52.219-9, “Small Business Subcontracting Plan.” This requirement applies to all business concerns other than small businesses. The Contracting Officer must approve the Plan before an award can be made; the Plan will be made apart of the resultant contract.

b. The successful bidder shall make a good faith effort to apply the following percentages to its intended amount of subcontracts in order to satisfy the Small Business Subcontracting goals of the Chicago District. The District Goals are identified below:

(1) at least 70.0% with small businesses (SB)

(2) at least 6.2% with small disadvantaged businesses (SDB)

(3) at least 7.0% with women-owned SB (WOSB)

(4) at least 0.9% with service-disabled veteran-owned SB

(5) at least 9.8% with HUBZone SB

(6) at least 3.0% Veteran-Owned Small Business

NOTE: BIDDERS SHALL NOT INCLUDE A SMALL BUSINESS SUBCONTRACTING PLAN

WITH ITS BID; IT WILL BE REQUESTED AFTER BID OPENING WHEN APPROPRIATE.

5. BID SUBMISSION: Regardless of the method of delivery (mailed or hand-carried), Bids and all other documents called out in the Solicitation shall be enclosed and sealed in an envelope that is clearly marked “Bid” and shall include the assigned Solicitation Number, and the Bid Opening Date and Time. BIDS OR MODIFICATIONS TO BIDS THAT ARE RECEIVED BY

FACSIMILE OR TELETYPE WILL NOT BE CONSIDERED.

a. Mailed and Hand-Carried Bids: It is the responsibility of each bidder to ensure that its Sealed Bid is received by the Chicago District’s – USACE Contracting Branch, located at 111 North Canal Street, Suite 600, Chicago, IL 60606 prior to the date and time set of the opening of bids – See Block 13A of Page 1 of the Solicitation.

b. Hand-Carried Bids Delivered on the Day of the Bid Opening: For bids being hand-carried after 12:NOON on the date of the bid opening, the bidder shall deliver its sealed bid directly to the Bid Opening Room, which is located at 111 North Canal Street, the 1st Floor Lobby Conference Room, Chicago, IL 60606.

c. BID OPENING ROOM: The designated Bid Opening Room is the Lobby Conference Room which is located on the first floor at 111 North Canal Street, Chicago, IL 60606.

d. ACKNOWLEDGEMENT OF AMENDMENTS: Bidders are required to acknowledge the receipt of all amendments to the Solicitation on the Standard Form 1442 in the space provided, by completing Blocks 8 and 15 of the Amendment (Standard Form 30), by separate letter, or by telegram prior to opening of bids. Failure to acknowledge all amendments may cause rejection of the bid.

e. SF 1442 BACK (Page 2 of the Solicitation): Bidders shall fully complete all the required areas located under the section designated as “OFFER” (refer to Items 14. through 20C.)

f. SECTION 00600 (REPRESENTATIONS AND CERTIFICATIONS): The bidder must fully complete Section 00600 of this Solicitation and submit it along with all other documents required by this Solicitation. Bids received without this Section fully completed may be rejected, considered non-responsive and ineligible for award.

g. BID GUARANTEE: The bidder is required to submit a Bid Guarantee for this procurement. Any bidder failing to submit an authentic Bid Guarantee will be considered non-responsive to the Solicitation and ineligible for award. The Bid Guarantee shall be in the amount of 20% percent of the bidder’s bid price or $3,000,000.00, whichever is less.

General Decision Number: IL080008 09/11/2009 IL8

Superseded General Decision Number: IL20070008

State: Illinois

Construction Types: Building and Residential

Counties: Du Page, Grundy, Kane, Kendall, Lake, McHenry and Will Counties in Illinois.

DU PAGE, GRUNDY, LAKE, & WILL COUNTIES

BUILDING AND RESIDENTIAL PROJECTS (does not include landscape projects).

Modification Number Publication Date 0 02/08/2008 1 02/22/2008 2 03/21/2008 3 04/25/2008 4 05/23/2008 5 06/20/2008 6 07/18/2008 7 08/15/2008 8 09/12/2008 9 11/14/2008 10 11/21/2008 11 11/28/2008 12 01/02/2009 13 02/06/2009 14 03/06/2009 15 03/20/2009 16 04/17/2009 17 05/15/2009 18 06/12/2009 19 07/10/2009 20 07/17/2009 21 09/11/2009

ASBE0017-005 06/01/2009

Rates Fringes

ASBESTOS WORKER/INSULATOR

includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems..........$ 42.05 21.00 Fire Stop Technician.............$ 24.33 19.80

HAZARDOUS MATERIAL HANDLER

includes preparation, wetting, stripping, removal, scrapping vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not.............$ 31.54 19.80

BOIL0001-003 07/01/2009

DU PAGE, GRUNDY, KANE, KENDALL, LAKE, MCHENRY, AND WILL COUNTIES

Rates Fringes

BOILERMAKER......................$ 40.97 18.97

BRIL0014-001 06/01/2008

DU PAGE, GRUNDY, LAKE, and WILL COUNTIES

Rates Fringes

BRICKLAYER.......................$ 38.03 18.25

BRIL0021-002 06/01/2008

Rates Fringes

MARBLE SETTER....................$ 38.03 18.25

BRIL0027-002 06/01/2008

KANE, KENDALL, and MCHENRY COUNTIES

Rates Fringes

BRICKLAYER.......................$ 38.03 18.25

CARP0555-004 10/01/2007

Residential

DU PAGE and LAKE COUNTIES

Rates Fringes

CARPENTER........................$ 37.77 16.36

CARP0555-005 06/01/2009

BUILDING

DUPAGE and LAKE COUNTIES

Rates Fringes

CARPENTER........................$ 40.77 20.13

CARP0555-006 06/01/2009

WILL COUNTY

BUILDING

Rates Fringes

Carpenter; Millwright;

Piledrivermen....................$ 40.77 22.44

CARP0555-007 10/01/2007

WILL COUNTY

RESIDENTIAL

Rates Fringes

CARPENTER........................$ 37.77 16.36

CARP0555-009 06/01/2009

KANE, KENDALL, AND McHENRY COUNTIES

BUILDING

Rates Fringes

CARPENTER

Carpenter, Floor Layer, Lather, Millwright, and Piledriver..................$ 40.77 20.13

CARP0555-010 10/01/2007

KANE, KENDALL, AND McHENRY COUNTIES

RESIDENTIAL

Rates Fringes

CARPENTER........................$ 37.77 16.36

CARP0555-012 06/01/2009

GRUNDY COUNTY

Rates Fringes

CARPENTER

Carpenter, Millwright, Piledriver, and Soft Floor Layer.......................$ 40.77 20.13 Residential.................$ 37.77 16.36

ELEC0009-002 05/25/2009

WILL COUNTY

Rates Fringes

Line Construction Groundman...................$ 31.08 58.18% Lineman and Equipment Operator....................$ 39.85 58.18%

ELEC0117-002 06/01/2004

KANE (Northern Half), and McHENRY COUNTIES

ELECTRICIAN......................$ 36.84 14.865

ELEC0117-003 06/01/1997

KANE (Northern Half), and McHENRY COUNTIES

Rates Fringes

ELECTRICIAN

ELECTRICAL TECHNICIAN.......$ 22.49 36%

Work includes the installation, maintenance and removal of telecommunication facilities (voice, sound, data and video), telephone, security, fire alarm systems that are a component of a multiplex system and share a common cable, and data inside wire, interconnect, terminal equipment, central office, PABX and equipment, micro waves, V-SAT, bypass, CATV, WAN, (wide area networks), LAN (Local area networks), and ISDN (integrated system digital network).The work shall cover the pulling of wire in raceways, but not the installation of raceways.

ELEC0150-002 06/01/2008

LAKE COUNTY

Rates Fringes

ELECTRICIAN

Building & Residential......$ 37.54 23.80

ELEC0150-003 06/01/2004

LAKE COUNTY

Rates Fringes

ELECTRICIAN

ELECTRICAL TECHNICIAN.......$ 27.98 15.10

Work includes the installation, maintenance and removal of telecommunication facilities (voice, sound, data and video), telephone, security, fire alarm systems that are a component of a multiplex system and share a common cable, and data inside wire, interconnect, terminal equipment, central office, PABX and equipment, micro waves, V-SAT, bypass, CATV, WAN, (wide area networks), LAN (Local area networks), and ISDN (integrated system digital network).The work shall cover the pulling of wire in raceways, but not the installation of raceways.

ELEC0176-003 06/01/2009

Grundy and Will Counties

Rates Fringes

ELECTRICIAN......................$ 37.50 27.37

ELEC0176-008 06/01/2009

GRUNDY and WILL COUNTIES

Rates Fringes

ELECTRICIAN......................$ 39.00 26.72

ELEC0176-015 06/01/2009

GRUNDY and WILL COUNTIES

Rates Fringes

ELECTRICIAN......................$ 32.20 20.77

Work includes the installation, maintenance and removal of telecommunication facilities (voice, sound, data and video), telephone, security, fire alarm systems that are a component of a multiplex system and share a common cable, and data inside wire, interconnect, terminal equipment, central office, PABX and equipment, micro waves, V-SAT, bypass, CATV, WAN, (wide area networks), LAN (Local area networks), and ISDN (integrated system digital network).The work shall cover the pulling of wire in raceways, but not the installation of raceways.

ELEC0461-002 06/01/2007

KANE (Southern Half) AND KENDALL COUNTIES

Rates Fringes

ELECTRICIAN......................$ 40.39 19.80

ELEC0461-005 06/01/1997

KANE (Southern Half), AND KENDALL COUNTIES

Rates Fringes

ELECTRICIAN

ELECTRICAL TECHNICIAN.......$ 24.42 31.5%

Work includes the installation, maintenance and removal of telecommunication facilities (voice, sound, data and video), telephone, security, fire alarm systems that are a component of a multiplex system and share a common cable, and data inside wire, interconnect, terminal equipment, central office, PABX and equipment, micro waves, V-SAT, bypass, CATV, WAN, (wide area networks), LAN (Local area networks), and ISDN (integrated system digital network).The work shall cover the pulling of wire in raceways, but not the installation of raceways.

* ELEC0701-002 06/01/2009

DUPAGE COUNTY

ELECTRICIAN......................$ 36.20 27.28

ELEC0701-003 06/01/1997

DU PAGE COUNTY

Rates Fringes

ELECTRICIAN

ELECTRICAL TECHNICIAN.......$ 22.25 1.42+30.90%

Work includes the installation, maintenance and removal of telecommunication facilities (voice, sound, data and video), telephone, security, fire alarm systems that are a component of a multiplex system and share a common cable, and data inside wire, interconnect, terminal equipment, central office, PABX and equipment, micro waves, V-SAT, bypass, CATV, WAN, (wide area networks), LAN (Local area networks), and ISDN (integrated system digital network).The work shall cover the pulling of wire in raceways, but not the installation of raceways.

ELEV0002-001 01/01/2009

DU PAGE, KANE, KENDALL, LAKE, and WILL COUNTIES

Rates Fringes

ELEVATOR MECHANIC................$ 44.93 18.285+A+B

FOOTNOTES:

A. PAID HOLIDAYS: New Year's Day; Memorial Day;

Independence Day; Labor Day; Thanksgiving Day; Day after Thanksgiving Day; Veterans' Day and Christmas Day.

B. Employer contributes 8% of regular hourly rate as vacation pay credit for employee who has worked in business more than 5 years, and 6% for employee who has worked in business less than 5 years.

ELEV0132-004 01/01/2005

McHENRY COUNTY

Rates Fringes

ELEVATOR MECHANIC................$ 35.57 12.115+A&B

FOOTNOTES:

A . Eight paid holidays: New Year's Day; Memorial Day;

Independence Day; Labor Day; Thanksgiving Day; Day after Thanksgiving; Veterans' Day and Christmas Day.

B. Employer contributes 8% of regular hourly rate as vacation pay credit for employee who has worked in business more than 5 yrs, and 6% for employee who has worked in business less than 5 yrs.

* ENGI0150-026 06/01/2006

BUILDING and RESIDENTIAL

POWER EQUIPMENT OPERATOR

GROUP 1....................$ 41.55 15.05

GROUP 2....................$ 40.25 15.05

GROUP 3....................$ 37.70 15.05

GROUP 4....................$ 35.95 15.05

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1: Mechanic; Asphalt Plant*; Asphalt Spreader;

Autograde*; Backhoes with Caisson attachment*:Batch Plant*;

Benoto(Requires two Engineers); Boiler and Throttle Valve;

Caisson Rigs*; Central Redi-Mix Plant*; Combination Backhoe Front Endloader Machine; Compressor and Throttle Valve;

Concrete Breaker (Truck Mounted)*; Concrete Conveyor;

Concrete Conveyor, Truck Mounted; Concrete Paver over 27E

cu. ft.*; Concrete Paver 27E cu ft and Under*; Concrete Placer*; Concrete Placing Boom; Concrete Pump (Truck Mounted); Concrete Tower; Cranes*; Cranes, Hammerhead*;

Cranes, (GCI and similar type Requires two operators only);

Creter Crane; Crusher, Stone, etc; Derricks; Derricks, Traveling*; Formless Curb and Gutter Machine*; Grader, Elevating; Grouting Machines; Highlift Shovels or Front Endloader 2 1/4 yd. and over; Hoists, Elevators, Outside Type Rack and pinion and similar Machines; Hoists, One, Two, and Three Drum; Hoists, Two Tugger One Floor;

Hydraulic Backhoes*; Hydraulic Boom Trucks; Hydraulic Vac (and similar equipment);Locomotives; Motor Patrol*; Pile Drivers amd Skid Rig*; Post Hole Digger; Pre- Stress Machine; Pump Cretes Dual Ram(Requiring frequent Lubrication and Water); Pump Cretes; Squeeze Cretes-Screw Type Pumps Gypsum Bulker and Pump; Raised and Blind Hole Drill*; Roto Mill Grinder (36" and Over)*; Roto Mill Grinder (Less Than 36")*; Scoops-Tractor Drawn; Slip-Form Paver*; Straddle Buggies; Tournapull; Tractor with Boom, and Side Boom; and Trenching Machines*.

GROUP 2: Bobcat (over 3/4 cu yd); Boilers; Brick Forklift;

Broom, Power Propelled; Bulldozers; Concrete Mixer (Two Bag and over); Conveyor, Portable; Forklift Trucks; Greaser Engineer; Highlift Shovels or Front End loaders under 2 1/4 cu yd; Aotomatic Hoists, Hoists, Inside Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum; Laser Screed; Rock Drill (Self-Propelled); Rock Drill (Truck Mounted)*; Rollers; Steam Generators; Tractors; Tractor Drawn Vibratory Roller (Receives an additional $.50 per hour); Winch Trucks with "A" Frame.

GROUP 3: Air Compressor-Small 250 and Under (1 to 5 not to exceed a total of 300 ft); Air Compressor-Large over 250;

Combination-Small Equipment Operator; Generator- Small 50 kw and under; Generator-Large over 50 kw; Heaters, Mechanical; Hoists, Inside Elevators (Remodeling or Renovatin work); Hydrualic Power Units (Pile Driving, Extracting, and Drilling); Low Boys; Pumps Over 3" (1 To 3 not to exceed a total of 300 ft); Pumps, Well Points;

Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches; Bobcat (up to and including 3/4 cu yd)

GROUP 4 - Bobcats and/or other Skid Steer Loaders; Brick

Forklifts; Oilers *-Requires Oiler

IRON0001-014 06/01/2009

DU PAGE (Eastern 1/4), LAKE, AND MCHENRY (Hebron, Woodstock, and East thereof) COUNTIES

IRONWORKER

Sheeter.....................$ 41.00 27.24 Structural and Reinforcing..$ 40.75 27.24

* IRON0063-003 06/01/2008

LAKE, DUPAGE (Eastern 1/4) and McHENRY (HEBRON, WOODSTOCK &

EAST THEREOF) COUNTIES

IRONWORKER, ORNAMENTAL...........$ 39.05 19.64

IRON0063-004 06/01/2007

LAKE, DUPAGE (Eastern 1/4), and McHENRY (HEBRON, WOODSTOCK &

EAST THEREOF) COUNTIES

Fence Erector...............$ 28.64 12.75 Metal Fence Erector.........$ 22.54 12.04

IRON0136-002 07/01/2009

LAKE, DUPAGE (Eastern 1/4) and McHENRY (HEBRON, WOODSTOCK & East thereof) COUNTIES

Machine Movers and Riggers..$ 37.25 25.54 Master Riggers..............$ 39.75 25.54

IRON0393-002 06/01/2008

DUPAGE (REMAINDER), KANE, KENDALL (NORTHERN PART), AND MCHENRY

(SOUTHEAST 1/4) COUNTIES

IRONWORKER.......................$ 38.12 22.86

IRON0444-002 06/01/2009

DUPAGE (ARGONNE & VIC), GRUNDY, KENDALL (Southern Part), and

WILL COUNTIES

IRONWORKER.......................$ 38.00 26.26

IRON0498-006 06/01/2009

McHENRY COUNTY (Northwest Part)

Rates Fringes

IRONWORKER.......................$ 35.00 27.66

LABO0002-003 06/01/2008

DU PAGE COUNTY

Rates Fringes

LABORER

GROUP 1....................$ 34.75 15.27

GROUP 2....................$ 34.75 15.27

GROUP 3....................$ 34.825 15.27

GROUP 4....................$ 34.85 15.27

GROUP 5....................$ 34.90 15.27

GROUP 6....................$ 34.95 15.27

GROUP 7....................$ 34.975 13.87

GROUP 8....................$ 35.025 15.27

GROUP 9....................$ 35.10 15.27

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