191BWC24R0001 0004.pdf

191BWC24R0001

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

01/16/2024

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

IBWC_CODE

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4191 NORTH MESA ST

EL PASO, TX 79902-1441

Philip Johnson

NAME

TEL.

johnsonpk@state.gov

EMAIL

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

191BWC24R0001

CONTACT: UEI:

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

12/08/2023

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers 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 __4__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 ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE 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.)

The purpose of this amendment 0004 is to incorporate the Prebid Conference Agenda and Prebid Sign In Sheet into the solicitation.

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

Philip Johnson

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

CGFS // CGFS

Table of Contents

Section Description Page Number

D Packaging and Marking D 01 Payment of Postage and Fees

G Contract Administration Data G 01 Contract Administration Data G 03 Contracting Officer’s Representative USIBWC G 06 Certified Cost and Pricing Data

H Special Contract Requirements H 17 Extended Warranties H 18 DESIGN-BUILD CONTRACT - Order of Precedence (DEC 2015) H 19 DESIGN-BUILD CONTRACT – Incorporation of Designer of Record Final Design (DEC 2015) H 01 Performance and Payment Bonds (DEC 2015) H 02 Compensation and Liability Insurance H 03 Builders Risk Insurance (DEC 2015) H 04 Brand Name or Equal (DEC 2015) H 05 Technical Data Submittal Requirements (DEC 2015) H 06 Accident Prevention and Pre-Planning (DEC 2015) H 07 Construction Program (DEC 2015) H 08 Construction Safety Standards (DEC 2015) H 09 Cultural Resources (DEC 2015) H 10 Contract Work Schedule (DEC 2015) H 12 Administration of Default (Fixed-Price Construction) (DEC 2015) H 13 Time Extensions for Unusually Severe Weather (DEC 2015) H 14 Change Orders and Contract Modifications: Limitations on Markups (DEC 2015) H 15 Damage from the Elements - Diversion of Water (DEC 2015) H 16 Contract Closeout Procedures (DEC 2015)

I Contract Clauses 52.216-17 Incentive Price Revision-Successive Targets (Jan 2022) (DEVIATION) Design-Build (Progressive) – Construction Option 52.236-4 Physical Data (Apr 1984)

J List of Attachments Attachments List of Documents

L Instructions, Conditions, and Notices to Offerors and Respondents

L 01 PRE-PROPOSAL CONFERENCE AND SITE VISIT

L 02 PROPOSAL INSTRUCTIONS FOR BOTH PHASES

L 03 PHASE ONE PROPOSAL INSTRUCTIONS

L 04 PHASE TWO GENERAL PROPOSAL INSTRUCTIONS

L 05 PHASE TWO BUSINESS PROPOSAL OFFEROR STATEMENTS INSTRUCTIONS

L 06 PHASE TWO BID GUARANTEE INSTRUCTIONS

L 07 PHASE TWO TECHNICAL PROPOSAL INSTRUCTIONS

L 08 PHASE TWO PRICING PROPOSAL INSTRUCTIONS

L 09 CONTRACTOR'S CONTRACT ADMINISTRATION

L 10 CONFLICT OF INTEREST

L 11 PROFESSIONAL BEHAVIOR

M Evaluation Factors for Award

M 01 SOURCE EVALUATION AND SELECTION PROCEDURES

M 02 PHASE ONE EVALUATION FACTORS

M 03 PHASE TWO EVALUATION FACTORS FOR AWARD

M 04 PHASE ONE AND PHASE TWO OFFER EVALUATION

M 05 BASIS FOR AWARD

M 06 SCORING ADJECTIVES AND DEFINITIONS

Section D - Packaging and Marking

D 01 - Payment of Postage and Fees

All postage and fees related to submitting information, including forms, reports, etc., to the Contracting Officer (CO) and the Contracting Officer’s Representative (COR) shall be paid by the Contractor.

Section G - Contract Administration Data

G 01 - Contract Administration Data

“Contracting Officer” means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The scope of the CO’s authority is defined by FAR 1.602-1, the CO’s Warrant, and other applicable federal laws. The term includes certain authorized representation of the CO within the limits of their authority as delegated by the CO. In no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the Contractor be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by the Contracting Officer.

The Contractor is hereby put on notice that in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of work to be performed, it is the Contractor’s responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.

G 03 - Contracting Officer’s Representative USIBWC

The Contracting Officer shall designate a technical representative to act for the Contracting Officer during the contract period. The Contracting Officer’s Representative (COR) will act for the Contracting Officer only in technical matters and will not be authorized to commit the Government on any contract terms, conditions, or changes in unit price, total price, quantity, or delivery schedule. Any changes to the contract in unit price, total contract price, quantity, quality, or delivery schedule will be made only by the Contracting Officer by executed modification to the contract.

The Contracting Officer’s Representative will be appointed in writing after contract award.

G 06 - Certified Cost and Pricing Data

Currently the USIBWC does not require the submission of certified cost or pricing data. However, the USIBWC reserve the right to request certified cost or pricing data if determined necessary by the CO. If certified cost or pricing data is required, then the following clauses will be incorporated into the Solicitation and resulting Contract:

FAR 52.215-10 Price Reduction for Defective Cost or Pricing Data (Oct 1997) FAR 52.215-11 Price Reduction for Defective Cost or Pricing Data-Modifications (Oct 1997) FAR 52.215-12 Subcontractor Cost or Pricing Data (Oct 1997) FAR 52.215-13 Subcontractor Cost or Pricing Data-Modifications (Oct 1997) FAR 52.215-14 Integrity of Unit Prices (Oct 1997) FAR 52.215-15 Pension Adjustments and Asset Reversions (Oct 2004) FAR 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions (July 2005) FAR 52.215-19 Notification of Ownership Changes (Oct 1997) FAR 52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (Oct 1997) FAR 52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data- Modifications (OCT 1997) FAR 52.230-3 Disclosure and Consistency of Cost Accounting Practices (May 2014)

FAR 52.230-6 Administration of Cost Accounting Standards (Jun 2010) FAR 52.230-7 Proposal Disclosure - Cost Accounting Practice Changes (Apr 2005) The Offeror will have seven (7) calendar days from the date of the CO's request to furnish the certified cost or pricing data.

Section H - Special Contract Requirements

H 17 - Extended Warranties

(a) The Contractor shall extend to the Government the following extended warranties with the same protection provided under Contract Clause FAR 52.246-21 Warranty of Construction for the periods identified below:

• All work, 2 years.

• Stairs and Railing, Ordor Control Systems, Fire Alarm System and Components, High Performance Coatings, HVAC Equipment, Pad Mounted Transformers, Switchgear, Automatic Transfer Switches, Motor Control Centers, Generators, Programable Power Supplies, and Security and Components: 5 years.

• Roofing and Roofing System Against Leaks: 20 years.

(b) See SOW Section 01.78.36.01. for additional details.

[End of Clause]

H 18 - DESIGN-BUILD CONTRACT - Order of Precedence (DEC 2015)

(a) In the event of conflict or inconsistency between any of the below described portions of the contract, precedence shall be given in the following order:

(a)(1) Any portion of the proposal or final design that exceed the requirements of the solicitation.

(a)(1)(i) Any portion of the proposal that exceeds the final design.

(a)(1)(ii) Any portion of the final design that exceeds the proposal.

(a)(1)(iii) Where portions within either the proposal of the final design conflict, the portion that most exceeds the requirements of the solicitation has precedence.

(a)(2) The requirements of the solicitation, in descending order of precedence:

(a)(2)(i) Standard Form 1442, Price Schedule, and Davis Bacon Wage Rates (a)(2)(ii) Contract Clauses (a)(2)(iii) Special Contract Clauses (a)(2)(iv) Statement of Work (a)(2)(v) Attachments (excluding Concept Drawings) (a)(2)(vi) Attachments (Concept Drawings)

(b) Government review or acceptance of any portion of the proposal or final design shall not relieve the Contractor from responsibility for errors or omissions with respect thereto. The Contractor shall correct any errors or omissions in the final design at their own expense. Corrections shall be signed and sealed by the design engineer and shall be provided to the Government for review within fourteen (14) calendar days of the identification of an error or omission.

Acceptance must be obtained from the Government prior to the corrections being effective.

H 19 - DESIGN-BUILD CONTRACT – Incorporation of Designer of Record Final Design (DEC 2015)

(a) Upon Government receipt and acceptance of the Designer of Record signed and stamped final design submission for all work, a no-cost unilateral modification will be issued to incorporate the final design into the contract.

(b) If the Contractor is authorized to proceed with portions of the work prior to the completion of a final design for all work, a no-cost unilateral modification will be issued for each Government accepted Designer of Record signed and stamped design submission for each portion of the work in order to incorporate that design submittal into the contract.

[End of Clause]

H 01 - Performance and Payment Bonds (DEC 2015)

(a) For contracts that exceed $150,000.00 the Contractor shall, within ten (10) calendar days after award of contract, furnish to the Government bonds as follows:

(a)(1) SF 25, Performance bond. Performance bond with a surety or sureties approved by the Contracting Officer, securing performance and fulfillment of the Contractor's obligations under this contract, with a penal amount of not less than 100 percent of the price of the contract at the time of award.

(a)(2) SF 25A, Payment bond. Payment bond with a surety or sureties approved by the Contracting Officer, assuring payment as required by law to all persons supplying labor or materials in the prosecution of the work provided for in the contract with a penal amount of not less than 100 percent of the price of the contract at the time of award.

(b) Costs. All costs of furnishing performance and payment bonds shall be included in the total bid in the schedule.

(c) Requirements for execution of surety bonds. Each surety company bond (performance or payment), that purports to have been executed by an agent or attorney in fact for the corporate surety, is required to have submitted with it a power of attorney to the signatory agency or attorney in fact, and (1) be executed by the corporate surety upon a date reasonably proximate to the date of the bond, or (2) the power of attorney shall be accompanied by a certification of the surety to the effect that the power of attorney was in full force and effect upon a date reasonable proximate to the date of the bond.

(d) Individual Sureties.

(d)(1) If individual surety bonds are furnished for payment and performance bonds, the individual sureties must submit with their bonds proof of ownership and value of the assets which they claim in their net worth. The Government's preferred method of proof is to have a statement of net worth prepared by a certified public accountant in accordance with generally accepted accounting principles. The statement of net worth on the SF 28, Affidavit of Individual Surety is not in itself sufficient and will not be accepted absent of additional proof of value and ownership.

(d)(2) Bidders are also cautioned that individual sureties must provide complete and detailed information in block 10 of the SF 28 concerning other contracts on which they have provided bonds. This information should include contract number, contract location, amount and type of bond, email address, and telephone number of the involved contracting officer.

(d)(3) Failure to provide the proof and information requested above will cause delays to the start of construction for which the contractor must bear the responsibility and may result in termination of contract for failure to provide adequate bonds.

[End of Clause]

H 02 - Compensation and Liability Insurance

The Contractor shall within ten (10) calendar days after award of contract provide and maintain minimum insurance as follows:

(a) General Liability Insurance for bodily injury and property damage with minimum limits $500,000 each occurrence with an aggregate of $1,000,000.

(b) Automobile Liability for bodily injury and property damage with minimum of $250,000 for injury to or death of any one (1) person, $500,000 each accident or occurrence for bodily injury, and $100,000 for each accident or occurrence for property damage liability.

(c) Worker's Compensation Insurance for all labor employed on the project who may come within the protection of workers' compensation laws and Employers General Liability with minimum limits of $100,000 each accident, bodily injury by disease $100,000 each employee, $500,000 aggregate. In every case the insurance coverage shall amount to at least the limits stated above. However, where the Financial Responsibility Compulsory Insurance Law of the State in which the project is located requires higher limits, the Automobile Liability Insurance Policy shall provide coverage of at least those limits required by State law. The insurance obtained by the Contractor must (1) be effective for the term of the contract and (2) must name both the United States of America by and through the United States Section of the International Boundary and Water Commission, United States and Mexico, as additionally insured. The requirement for naming the United States of America as an additional insured does not apply to Worker's Compensation Insurance.

Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained.

The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. The Contractor's written certification shall be accompanied by either a Certificate issued by the insurer or photocopies of the insurance policies which reflect that the cancellation/change provisions of this contract have been met.

The Contractor shall insert the substance of this clause including this paragraph in subparagraphs under this contract and shall require subcontractors to provide and maintain the same limits. At least 5 days prior to each such subcontractor's personnel commencing work on this project, the Contractor shall furnish (or ensure that there has been furnished) to the Contracting Officer a current Certificate of Insurance meeting the requirements as stated above.

H 03 - Builders Risk Insurance (DEC 2015)

(a) The Contractor is responsible for losses suffered prior to Government acceptance of the work. Therefore, the Contractor is responsible for protection of the work and repair of damages. For the protection of the Contractor and the Government, the Contractor is required to obtain Builder's Risk Insurance with the maximum level of coverage available in the project locality and no less than 100% of the contract price.

(b) The Contractor shall not commence work under this contract until he has obtained all the insurance required and such insurance has been approved by the Contracting Officer, nor shall the Contractor allow any subcontractor to commence work on their subcontract until the insurance required of the subcontractor has been so obtained and approved.

(c) The Contractor shall procure within ten (10) calendar days after award of contract, and maintain during the life of this contract, Builder's Risk Insurance based on 100 percent (100%) of the completed value of the insurable portion of the project.

(d) The Contractor shall furnish the Contracting Officer with certificates showing the type, amount, class of operations covered, effective dates, and dates of expiration. Such certificates shall also contain substantially the following statement:

"The insurance covered by this certificate will not be canceled or materially altered, except after thirty (30) calendar days written notice has been received by the Contracting Officer."

(e) The insurance obtained by the Contractor must (1) be effective for the term of the contract and (2) must name the United States of America by and through the United States Section of the International Boundary and Water Commission, United States and Mexico, as an additional insured.

H 04 - Brand Name or Equal (DEC 2015)

If items called for by this Solicitation have been identified in the specifications by a “Brand Name or Equal” description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory (Reference Section I, FAR Clause 52.236-5 entitled Material and Workmanship). The determination as to equality of a product shall be the responsibility of the Government and will be based on information furnished during the submittal process (Reference SOW Section 01.33.00.01-Submittals). As used in this clause, the term “brand name” includes identification of products by manufacturer, make, and/or model.

[End of Clause]

H 05 - Technical Data Submittal Requirements (DEC 2015)

(a) Technical data required to be provided to the government are described in the paragraph entitled “Submittal Requirements” in the SOW Section 01.33.00.01-Submittals.

(b) If the Contractor fails to provide required technical data within the time(s) specified in this contract, or any extension, such failures shall be considered to demonstrate unsatisfactory progress and:

(b)(1) There shall be retained from the progress or other payments under this contract such amount(s) as the Contracting Officer considers adequate protection to the Government, therefore.

(b)(2) The Contractor and its sureties shall be liable to and assessed by the Government for all damages caused by such failure.

(b)(3) The Contractor’s right to proceed with the work that has been delayed may be terminated for default.

(c) In the event the Contractor provides submittals prior to Notice to Proceed, the Government may review the submittals prior to the Notice to Proceed. The Contractor shall not seek compensation for efforts spent on the preparation of submittal documents submitted prior to the Notice to Proceed.

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

(e) The Government may expedite the review of submittals. Expedite is defined as any review time less than the allotted time specified for the review of the submittal in Section 01.33.00.01. However, the Government reserves the right to require up to the amount of time specified in Section 01.33.00.01 for review of submittals or resubmittals.

H 06 - Accident Prevention and Pre-Planning (DEC 2015)

With reference to the requirements of Contract Clause 52.236-13 (Alternate I) for an overall safety program, the Contractor shall:

(a) Submit a detailed plan for performing each major phase of work.

(b) Require Subcontractors to submit their plan of operations showing methods they propose to use in accomplishing major phases of work.

(c) Be prepared to discuss the plans in conferences convened by the Contracting Officer or Contracting Officer’s Representative prior to starting work on each major phase of work. Plans shall include all pertinent information, such as methods of providing safety measures for personnel performing required work. The plan for accomplishing work shall be submitted prior to commencing operations.

[End of Clause]

H 07 - Construction Program (DEC 2015)

(a) The Contractor shall submit a progress schedule of construction in accordance with the requirements set forth in the SOW Section 01.32.16.01-Progress Schedule. The initial compliance confirmed progress schedule under Section

01.32.16.01 shall serve as a baseline for the project. The Contractor's progress schedule shall account for the assigned workday calendar, seasonal weather conditions, and other constraints considered in the planning and scheduling of all work to ensure the completion within the allotted contract time. The progress schedule shall be of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a progress schedule within the time prescribed, the Contracting Officer (CO) may withhold approval of progress payments until the Contractor submits the required progress schedule. Until such time as the submitted progress schedule is compliance confirmed as the official schedule of the project, the CO may withhold approval of progress payments.

(b) If, in the opinion of the CO, the Contractor falls behind the compliance confirmed progress schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the CO, without additional cost to the Government. In this circumstance, the CO may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the CO deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the CO under this clause shall be grounds for a determination by the CO that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the CO may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

H 08 - Construction Safety Standards (DEC 2015)

(a) Offerors shall obtain and review the current Construction Industry "OSHA Safety and Health Standards (29 CFR 1926)" and the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, dated March 15, 2024 (see SOW Section 01.35.23.01-Safety), prior to submitting offers and preparing required safety program. Offerors shall utilize these standards in preparing required safety programs.

(b) The Contractor shall comply with all pertinent provisions of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, dated March 15, 2024. This manual is available from:

www.publications.usace.army.mil/Portals/76/EM%20385-1-1%20_EFFECTIVE%2015March2024.pdf

(c) In the event there is a conflict between the requirements contained in OSHA Safety and Health Standards (29 CFR 1926), U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1), specifications paragraphs, Contractor's approved safety program, or referenced safety and health standards, the more stringent requirement will prevail.

H 09 - Cultural Resources (DEC 2015)

(a) In accordance with the National Historic Preservation Act of 1966 (16 U.S.C. 470), the following procedures are implemented to ensure historic preservation and fair compensation to the Contractor for delays attendant to cultural resources investigations. In the event potential historical, architectural, archaeological, or cultural resources (herein after cultural resources) are discovered during subsurface excavations at the site of construction, the following procedures shall be instituted:

(a)(1) The Contractor shall immediately cease work in that area, secure the location from further disturbance and possible vandalism, and immediately notify the Contracting Officer and the Contracting Officer’s Representative.

(a)(2) The Contracting Officer shall issue a “Suspension of Work” directing the Contractor to cease all construction operations at the location of such potential cultural resources find.

(a)(3) Such “Suspension of Work” shall be effective until such time as a qualified archaeologist can be called to assess the value of these potential cultural resources and make recommendations to the State Historical Preservation Officer.

Any “Suspension of Work” shall contain the following:

(a)(3)(a) A clear description of the work to be suspended;

(a)(3)(b) Any instructions regarding issuance of further orders by the Contractor for material services;

(a)(3)(c) Guidance as to action to be taken on subcontracts;

(a)(3)(d) Any suggestions to the Contractor as to minimization of costs;

(a)(3)(e) Estimated duration of the temporary suspension.

(b) If the archaeologist determines that the potential find is a bona fide cultural resource, at the direction of the State Historical Preservation Officer, the Contracting Officer shall extend the duration of the “Suspension of Work” in writing, and the Contractor shall suspend work at the location of the find. Equitable adjustment of the construction contract shall be made in the following manner:

(b)(1) Time Extension. If the work temporarily suspended is on the “critical path,” the total number of days for which the suspension is in effect shall be added to the number of allowable contract days. If a portion of work at the time of such suspension is not on the “critical path,” but subsequently becomes work on the critical path, the allowable contract time will be computed from the date such work is classified as on the critical path.

(b)(2) Additional Compensation. If, as a result of a suspension of the work, the Contractor sustains a loss which could not have been avoided by judicious handling of forces, equipment, and (plant) or redirection of forces or equipment to perform other work on the contract, there shall be paid to the Contractor an amount as determined by the Contracting Officer to be fair and reasonable compensation for the Contractor’s actual loss in accordance with the following:

(b)(2)(a) Idle Time of Equipment. Compensation for equipment idle time will be determined on a force account (time and materials) basis and shall include the cost of extra moving of equipment and rental loss.

(b)(2)(b) Idle Time of Labor. Compensation for idle time of workers will be determined by the Contracting Officer as “Labor” less any actual productivity factor of this portion of the work force.

(b)(2)(c) Increased Costs of Labor and Materials. Increased costs of labor and materials will be compensated only to the extent such increase was in fact caused by the suspension as determined by the Contracting Officer.

(c) Compensation for actual loss due to idle time of either equipment or labor shall not include markup for profit. The hours for which compensation will be paid will be the actual normal working time during which such delay condition exists but will in no case exceed eight hours in any one day. The days for which compensation will be paid shall be full or partial calendar days, excluding Saturdays, Sundays, Federal and State holidays, during the existence of such delay.

The California Office of Historic Preservation is located at 1725 23rd Street, Ste 100, Sacramento, CA 95816. The California Office of Historic Preservation may be reached by email at info.calshpo@parks.ca.gov or by telephone at (916) 445-7000.

[End of Clause]

H 10 - Contract Work Schedule (DEC 2015)

(a) Normal working hours for the Contractor shall not be earlier than 6:00 am nor later than 5:30 pm, Monday through Friday, excluding Federal Holidays. If the Contractor wishes to work during periods other than that above or in excess of 40 hours per week, additional Government inspection forces will be required. The Contractor shall notify the Contracting Officer's Representative (COR) three (3) business days in advance of their desire to work during other periods to allow the determination if additional inspection forces are reasonably available. If such forces are reasonably available, the Contracting Officer or COR may authorize the Contractor to perform work during periods other than normal duty hours/ days or in excess of 40 hours per week.

(b) Consistent with Section 6103(a) of Title 5 of the United States Code the following are legal public holidays:

(b)(1) New Year’s Day, January 1.

(b)(2) Birthday of Martin Luther King, Jr., the third Monday in January.

(b)(3) Washington’s Birthday, the third Monday in February.

(b)(4) Memorial Day, the last Monday in May.

(b)(5) Juneteenth National Independence Day, June 19.

(b)(6) Independence Day, July 4.

(b)(7) Labor Day, the first Monday in September.

(b)(8) Columbus Day, the second Monday in October.

(b)(9) Veterans Day, November 11.

(b)(10) Thanksgiving Day, the fourth Thursday in November.

(b)(11) Christmas Day, December 25.

(c) A listing of Federal Holidays are available at the following link:

www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/ For Holidays that fall on a Saturday, for Federal employees, the preceding Friday will be treated as a holiday for pay and leave purposes (See 5 U.S.C. 6103(b)). For Holidays that fall on a Sunday, for Federal employees, the following Monday will be treated as a holiday for pay and leave purposes (See section 3(a) of Executive order 11582, February 11, 1971).

(d) If the above holidays are a paid holiday and results in works hours in excess of 40 hours in any workweek, laborers and mechanics shall be paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours consistent with FAR Clause 52.222-4.

H 12 - Administration of Default (Fixed-Price Construction) (DEC 2015)

(a) Notwithstanding paragraph (b)(1)(xi) of Contract Clause 52.249-10, Default (Fixed-Price Construction), the Contractor shall not be excused for delays, and shall be liable for any excess costs for failure to perform, if the subcontracted or purchased supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule or other performance requirements.

(b) Unusually severe weather, as used in paragraph (b)(1) of Contract Clause 52.249-10, Default (Fixed-Price Construction), means adverse weather which at the time of the year in which it occurred, was unusual for the place in which it occurred. No matter how severe or destructive, if the weather is not unusual for the particular time and place, or if a Contractor could have reasonably foreseen it, the Contractor is not entitled to an extension in contract time.

Climatological records are available for the Contractor's information online from the National Weather Service. The Government shall not be responsible for any interpretation or a conclusion drawn from the data or information by the Contractor.

(c) Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, adverse weather will be recorded on a calendar day basis (including weekends and holidays). The COR will examine these records each month and determine whether the Contractor is entitled to a time extension.

Adverse weather must prevent work for 50% or more of the Contractor's work during any workday and delay work critical to the timely completion of the project.

H 13 - Time Extensions for Unusually Severe Weather (DEC 2015)

This provision specifies the procedures for the determination of time extensions for unusually severe weather in accordance with the Contract Clause, 52.249-10, Default (Fixed-Price Construction). The listing below defines the monthly anticipated adverse weather for the contract period and is based on NOAA or similar data for the geographical location of the project. The weather conditions for this contract is based upon the weather station at Chula Vista (041758).

Monthly Anticipated Adverse Weather Calendar Days

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual

4 4 3 2 0 0 0 0 0 1 2 3 19

(a) Determination:

(a)(1) The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days will be recorded on a calendar day basis (including weekends and holidays) and compared to the monthly anticipated weather in subparagraph (a) above. For purposes of subparagraph (b), the term actual adverse weather days shall include days impacted by actual adverse weather days.

(a)(2) The number of actual adverse weather days shall be calculated chronologically from the first to the last day in each month. Once the number of actual adverse weather days anticipated in subparagraph (a) above have been incurred, the Contracting Officer will examine any subsequently occurring adverse weather days to determine whether a Contractor is entitled to a time extension. These subsequently occurring adverse weather days must prevent work for 50 percent or more of the Contractor's workday and delay work critical to the timely completion of the project. These subsequently occurring adverse weather days must fall on a scheduled workday to count towards the entitled time extension. The

Contracting Officer will convert any delays to meeting the above requirements to calendar days and issue a modification in accordance with the Contract Clause, 52.249-10, Default (Fixed-Price Construction).

(a)(3) The Contractor shall not request a modification to the contract to add the adverse weather delay days more frequently than every fourth month after the start of mobilization.

(b) The Contractor's progress schedule must reflect the above anticipated adverse weather delays on all weather dependent activities.

[End of Clause]

H 14 - Change Orders and Contract Modifications: Limitations on Markups (DEC 2015)

(a) In the event the Government elects to direct a change order or enter into a contract modification that increases the scope of work during the course of performance of this contract, allowances for overhead and fee of higher tier subcontractors and the prime contractor shall be subject to the limitations below. These limitations on markups do not apply to the markups used for the cost estimate developed for construction options.

(b) Changes and Modifications up to $150,000.00 (Exclusive of Markups) (b)(1) No subcontractor, vendor or material man, at any level, shall apply markups in excess of 10% overhead and 10% profit on additional contract scope, added by change order or modification, in which all, or substantially all, of the physical work is performed by a lower tier subcontractor subject to the restrictions described below.

(b)(2) In the event that the physical work arising out of a change order is performed by a subcontractor or vendor that is two or more levels below the general contractor, the sum of all markups for overhead and profit for all subcontractors (regardless of the number of tiers of subcontractors), and the general contractor may not exceed 5% of the price, or adjustment in price, to the lower tier subcontract under which the physical work was performed. For example, if, as a result of a change order, the contract price of a fifth tier subcontractor is increased by $150,000.00, and the work performed by this fifth tier subcontractor constitutes all or substantially all of the work contemplated by this modification or change order, the resulting increase in the price of the prime contract shall not exceed $157,500.00 ($150,000.00 x 1.05).

(b)(3) Overhead and fee percentages, for the purposes of this provision, shall include insurance (excluding bonds), field and office supervisors and staff (including clerical), home office overhead, field overhead, security, use of small tools, and incidental job site burdens (including office equipment, trailer rental, utilities).

(b)(4) Bond premium adjustments and state and local taxes arising out of changes and modifications directed by the Government shall be subject to a separate allowance independent of the overhead and fee limitations described above.

(b)(5) The fee and overhead limitations described above shall not apply to self performed work by any contractor at any level. (6) In the event that a modification or change order results in a credit(s) to the Government, the same fee and overhead restrictions shall be applied in calculating the reduction in contract price.

(c) Changes and Modifications from $150,000.01 to $499,999.99 (Exclusive of Mark ups) Modify paragraphs (1) and

(2) above as follows:

(c)(1) No subcontractor or vendor, at any level, shall apply markups in excess of 2.0% overhead and 2.0% profit on additional contract scope, added by change order or modification, in which all, or substantially all, of the physical work is performed by a lower tier subcontractor subject to the restrictions in paragraph (b) above.

(c)(2) In the event that the physical work arising out of a change order is performed by a subcontractor or vendor that is two or more levels below the general contractor, the sum of all markups for overhead and profit for all subcontractors (regardless of the number of tiers of subcontractors), and the general contractor may not exceed 4% of the price, or adjustment in price, to the lower tier subcontract under which the physical work was performed. For example, if, as a result of a change order, the contract price of a fifth tier subcontractor is increased by $200,000.00, and work performed by this fifth tier subcontractor constitutes all or substantially all of the work contemplated by this modification or change order, the resulting increase in the price of the prime contract shall not exceed $208,000.00 ($200,000.00 x 1.04).

(d) Changes and Modifications exceeding $500,000.00 (Exclusive of Mark ups) Modify paragraphs (1) and (2) above as follows:

(d)(1) No subcontractor or vendor, at any level including the general contractor, shall apply markups in excess of 1.5% overhead and 1.5% profit on additional contract scope, added by change order or modification, in which all, or substantially all, of the physical work is performed by a lower tier subcontractor subject to the restrictions described below:

(d)(2) In the event that the physical work arising out of a change order is performed by a subcontractor or vendor that is two or more levels below the general contractor, the sum of all markups for overhead and profit for all subcontractors, regardless of how of the number of tiers of subcontractors, and the general contractor may not exceed 3% of the price, or adjustment in price, to the lower tier subcontract under which the physical work was performed. For example, if, as a result of a change order, the contract price of a second tier (i.e. two tiers below the general contractor) subcontractor is increased by $600,000.00, and work performed by this second tier subcontractor constitutes all or substantially all of the work contemplated by this modification or change order, the resulting increase in the price of the prime contract shall not exceed $618,000.00 ($600,000.00 x 1.03).

(d)(3) The 3% total markup limitation described in paragraphs d(1) and d(2a) above shall not apply if sixty percent (60%) or more of the cost of the physical work contemplated by a change order or modification is performed by a subcontractor or vendor that is three or more levels below the General Contractor. In this event, the total markup limitation shall not exceed 2%. The limitations on the markup of individual subcontractors, vendors or the general contractor described in paragraph d (1) remains unchanged.

For example, if, as a result of a change order, the contract price of a fifth tier subcontractor is increased by $600,000.00, and work performed by this fifth tier subcontractor constitutes sixty percent or more of the work contemplated by this modification or change order, the resulting increase in the price of the prime contract shall not exceed $612,000.00 ($600,000.00 x 1.02).

(e) Additional Clarification Regarding Multi-Part Changes (e)(1) In the event that the physical work arising out of a change order or contract modification is performed by two or more firms, the value of the change for the purposes of this provision shall be based on the cumulative value of the physical work performed by all subcontractors and vendors. For example, if as a result of a change order or contract modification, the fourth and fifth tier subcontractors perform work with a negotiated value of ninety five thousand dollars ($95,000) and sixty five thousand dollars ($65,000) respectively, the cumulative value of the change is one hundred sixty thousand dollars ($160,000.00).

(e)(2) Therefore, the change falls into the second category, $150,000.01 to $499,999.99, and the sum of all markups for overhead and profit may not exceed 4% and the resulting increase in the price of the prime contract shall not exceed $166,400 ($160,000 x 1.04).

(f) Clarification of Contractor Levels

NAME DESCRIPTION LEVEL TIER

Contractor or General Contractor Top Level Tier 1

Subcontractor 1 Subcontractor to Contractor Tier 2

Subcontractor 2 Subcontractor to Subcontractor 1 Tier 3

Subcontractor 3 Subcontractor to Subcontractor 2 Tier 4

Subcontractor 4 Subcontractor to Subcontractor 3 Tier 5

H 15 - Damage from the Elements - Diversion of Water (DEC 2015)

All damage and loss (whether caused by fire, flood, or any other casualty or happening) to work to be constructed or performed pursuant to the contract (whether or not covered by partial payments made by the Government) shall be at the risk of the Contractor until final acceptance of the work by the Government, and no such damage or loss shall relieve the Contractor of, or in any way affect, the obligations to complete and deliver the work in accordance with the contract requirements, irrespective of any insurance carried by the Contractor. The Contractor shall assume full responsibility and expenses for removing, protecting and returning to the work site, any and all equipment under their care which might be endangered by said fire, flood, or happening; also, for any interference or delay in operations which might be caused by such incident(s). Any re-excavation or re-filling made necessary by damage from floods, hurricanes, storms, or water of whatever source or quantity during the course of construction and until final acceptance by the Government, shall be performed by the Contractor at their expense.

H 16 - Contract Closeout Procedures (DEC 2015)

The following are items required from the Contractor prior to Final Payment for Construction:

(a) AIA G707 or equivalent to, Consent of Surety Company to Final Payment

(b) AIA G706 or equivalent to, Contractor's Affidavit of Payment of Debts and Claims

(c) AIA G706A or equivalent to, Contractor's Affidavit to Release of Liens

(d) IBWC Form 243, Release of Claims

(e) IBWC Form 255, Certificate of Substantial Completion

(f) Closeout requirements listed in the Scope of Work (Section 01.77.19.01 Closeout Requirements).

[End of Clause]

Section I - Contract Clauses

52.216-17 - Incentive Price Revision-Successive Targets (Jan 2022) (DEVIATION) Design-Build (Progressive) – Construction Option

(a) General. The supplies or services identified in the Schedule of Construction are an Option and subject to price revision in accordance with this clause; provided, that in no event shall the total final price of these item(s) exceed the Construction Contract Ceiling Price to be determined during the design. The items identified in the proposal Schedule include an Indicative Cost of Work and Indicative Construction Ceiling Price for each Construction Option and Early Work Item and a Firm Profit fee on the Cost of Work of [Contracting Officer insert percent] percent. This provision does not apply to the Discrete Contractual Item in the Bid Schedule for Contract Line Item Number (CLIN) 1 for all work required for design and preconstruction services to develop and complete the full project design.

(b) Definition. "Costs," as used in this clause, means allowable costs in accordance with part 31 of the Federal Acquisition Regulation (FAR) in effect on the date of this contract.

“Indicative Construction Ceiling Price” means the initial estimated amount proposed for the construction scope of work before contract award and completion of any design work. This term may also be referred to as the Initial Ceiling Price.

“Construction Contract Ceiling Price” means the maximum amount that may be paid to the contractor for the construction scope of work. This amount is determined during the design.

“Final Construction Price” means the final established firm-fixed-price for the construction scope of work and is composed of the total Cost of Work and Firm Profit fee on Cost of Work. This amount is awarded and incorporated into the Contract by modification. This term may also be referred to as the Project Ceiling Price or Total Final Price. This occurs once the design documents have sufficiently matured enough to be priced by the Contractor. If the negotiated Final Construction Price is less than the Construction Contract Ceiling Price, the Final Construction Price is eligible to be exercised as an option by the Contracting Officer and bilaterally agreed to as a modification by the Contractor. If the Final Construction Price cannot be mutually agreed upon in a timely manner, in an amount less than the Construction Contract Ceiling Price, the construction scope of work will be competitively advertised as a new contract by the Contracting Officer.

“Construction Cost Limit” means the maximum cost of construction allowable within appropriated fund amounts for a complete and usable project.

“Indicative Cost of Work” means the Contractor’s initial estimated amount proposed for the construction work exclusive of profit. This term may also be referred to as the Initial Target Cost.

“Cost of Work” means the Contractor’s cost for the construction work, exclusive of profit, that is further developed and refined as the design progresses. This term may also be referred to as the Target Cost.

“Final Cost of Work” means the final, total negotiated cost of the construction work at the scheduled production point that becomes the firm fixed price cost of work, exclusive of profit. This term may also be referred to as the Final Target Cost.

“Firm Profit” means the fee percentage applied to the cost of construction work, excluding bonds and insurance. The fee is proposed by the Contractor and negotiated before Contract award and represents a reasonable profit for the construction envisioned under the contract. The percentage is converted to an amount by multiplying the established percentage times the Cost of Work, excluding bonds and insurance (for construction and all early work items).

“Discrete Contractual Item” means…