191BWC24R0002 0002.pdf

191BWC24R0002

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

01/24/2024

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 CODE

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4191 NORTH MESA ST

EL PASO, TX 79902-1441

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

191BWC24R0002

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)

11/07/2023

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 0002 is to incorporate QA through 20240116 and extend the proposal due date to 5 February 2024.

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 Contracting Officer G.02 Designation of Contracting Officer G.03 Contracting Officer Representative IBWC G.04 Invoices G.05 Notification of Government Delays

H Special Contract Requirements H.01 Performance and Payment Bonds H.03 Builders Risk Insurance H.04 Accident Prevention and Pre-Planning (DEC 2015) H.05 Construction Program (DEC 2015) H.06 Construction Safety Requirements (DEC 2015) H.07 Utility and Telephone Services (DEC 2015) H.09 Administration of Default (Fixed-Price Construction) (DEC 2015) H.10 Time Extensions for Unusually Severe Weather (DEC 2015) H.11 Change Orders and Contract Modifications: Limitations on Markups (DEC 2015) H.12 Damage from the Elements (DEC 2015) H.13 Contract Close Out Procedures (DEC 2015) H.15 Cultural Resources (Dec 2015) H.17 Design-Build Contract - Order of Precedence (Dec 2015) H.20 Technical Data Submittal Requirements (Dec 2015)

I Contract Clauses 52.236-4 Physical Data (Apr 1984) 52.248-3 Alt I Value Engineering-Construction (Oct 2020) - Alternate I (Apr 1984)

J List of Attachments J.01 List of Attachments

L Instructions, Conditions, and Notices to Offerors and Respondents

L.01 PRE-BID CONFERENCE AND SITE VISIT

L.02 Bid Submission

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 - Contracting Officer

Contracting Officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determ-inations 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 an appointed Contracting Officer. 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 the 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.02 - Designation of Contracting Officer

The Contracting Officer for this contract is:

Name: Philip Johnson Address: International Boundary & Water Commission, United States & Mexico (USIBWC) 4191 N Mesa El Paso, TX 79902 Telephone: 915-832-4721 Email: Philip.Johnson@ibwc.gov

Changes to the Contracting Officer shall be made in writing.

G.03 - Contracting Officer Representative IBWC

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.04 - Invoices

All invoices submitted electronically to the USIBWC's Finance and Accounting Division shall be submitted to the following www.IPP.GOV. A copy shall be furnished to the CO and COR. The CO or COR may request additional individuals to copy as needed. You must register to obtain an account in IPP. IBWC does not have a domain access to the site. All passwords are coordinated through IPP.GOV.

G.05 - Notification of Government Delays

In the event the contractor encounters difficulty in meeting performance requirements, or anticipates difficulty in complying with the contract delivery schedule or dates, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract the contractor shall immediately notify the contracting officer and the COR in writing, giving pertinent details.

Note: this data shall not be as a waiver by the Government of any delivery schedule or dates or of any rights or remedies provided by law or under this contract.

Section H - Special Contract Requirements

H.01 - Performance and Payment Bonds

H.01 Performance and Payment Bonds (DEC 2015)

(a) For contracts that exceed $150,000, the Contractor shall, within ten (10) calendar days after award of contract, furnish to the Gov- ernment bonds as follows:

(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.

(2) SF 25A, Payment bond. Payment bond with a surety or sureties approved by the Contracting Officer, assuring payment as re-quired 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 signat-ory 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.

(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 Suretyis not in itself sufficient and will not be accepted absent of ad-ditional proof of value and ownership.

(2) Bidders are also cautioned that individual sureties must provide complete and detailed information in block 10 of the SF 28 con- cerning 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.

(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.03 - Builders Risk Insurance

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 of policies. 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.

[End of Clause].

H.04 - 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 meas-ures for personnel performing required work. The plan for accomplishing work shall be submitted prior to commencing operations.

[End of Clause]

H.05 - Construction Program (DEC 2015)

a. The Contractor shall submit a progress schedule of construction in accordance with the requirements set forth in the SOW. 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 sched-ule shall be of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period.

b. If the Contractor fails to submit a progress schedule within the time prescribed, the Contracting Officer (CO) may withhold ap-proval 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.C.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 ne-cessary 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 con-tract. 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.

[End of Clause]

H.06 - Construction Safety Requirements (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 November 30, 2014 Offerors shall utilize these standards in preparing required safety programs.

a. 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 November 30, 2014. This manual is available from:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

b. 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.07 - Utility and Telephone Services (DEC 2015)

The U.S. Section, International Boundary and Water Commission will not provide any uttilities. The Contractor shall, at their own expense and in a work man like manner satis- factory to the Contracting Officer, install and maintain all necessary temporary connections and distribution lines, and shall remove the same prior to final acceptance of the work by the Government.

[End of Clause]

H.09 - 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 determ- ine 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.

[End of Clause]

H.10 - Time Extensions for Unusually Severe Weather (DEC 2015)

a. 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 sites around Amistad Dam.

Monthly Anticipated Adverse Weather Calendar Days

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2 1 1 0 0 0 4 4 2 0 0 2 16

NOAA Sites around Amistad Dam

b. Determination:

1.The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time eval-uations. 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 im-pacted by actual adverse weather days.

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 ex-amine any subsequently occurring adverse weather days to determine whether a Contractor is entitled to a time extension. These sub-sequently occurring adverse weather days must prevent work for 50 percent or more of the Contractor's work day and delaywork crit-ical to the timely completion of the project. These subsequently occurring adverse weather days must fall on a scheduled work day to count towards the entitled time extension. The Contracting Officer will convert any delays to meeting the above requirements to calen-dar days and issue a modification in accordance with the Contract Clause, 52.249-10, Default (Fixed-Price Construction).

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.

a. The Contractor's progress schedule must reflect the above anticipated adverse weather delays on all weather dependent activities [End of Clause]

H.11 - 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.

(b) Changes and Modifications up to $150,000.00 (Exclusive of Mark-ups)

a. 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 per- formed by a lower tier subcontractor subject to the restrictions described below.

a. 1. 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 subcon- tract under which the physical work was performed. For example, if, as a result of a change order, the contract price of a fifth tier sub- contractor 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).

a. 1. Overhead and fee percentages, for the purposes of this provision, shall include insurance (excluding bonds), field and office super- visors 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).

a. 1. 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.

a. 1. The fee and overhead limitations described above shall not apply to self performed work by any contractor at any level.

a. 1. In the event that a modification or change order results in a credit(s) to the Government, the same fee and overhead restric- tions shall be applied in calculating the reduction in contract price.

a. Changes and Modifications from $150,000.01 to $499,999.99 (Exclusive of Mark ups)

Modify paragraphs (1) and

(2) above asfollows:

(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.

(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 subcon- tract 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 ex-ceed $208,000.00 ($200,000.00 x 1.04).

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

a. 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:

a. 1. 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 result- ing increase in the price of the prime contract shall not exceed $618,000.00 ($600,000.00 x 1.03).

a. 1. The 3% total markup limitation described in paragraphs d(1) and d(2a) above shall not apply 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 un- changed. 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

a. 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).

a. 1. 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 Contractor or General

Contractor Top Level Tier 1

Subcontractor 1 Subcontractor to Contractor

1 Level Below Tier 2

Subcontractor 2 Subcontractor to Contractor 1

2 Level Below Tier 3

Subcontractor 3 Subcontractor to Contractor 2

3 Level Below Tier 4

Subcontractor 4 Subcontractor to Contractor 3

4 Level Below Tier 5

[End of Clause]

H.12 - Damage from the Elements (DEC 2015)

All damage and loss (whether caused by fire, flood, or any other casualty or happening) to work to be constructed or performed pursu-ant to the contract (whether or not covered by partial payments made by the Government) shall be at the risk of the Contractor until fi-nal 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 opera-tions 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.

[End of Clause]

H.13 - Contract Close Out Procedures (DEC 2015)

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

SOW Section 01.77.19.01.

1. AIA G707 or equivalent to, Consent of Surety Company to Final Payment

2. AIA G706 or equivalent to, Contractor's Affidavit of Payment of Debts and Claims

3. AIA G706A or equivalent to, Contractor's Affidavit to Release of Liens

4. IBWC Form 243, Release of Claims

5. IBWC Form 255, Certificate of Substantial Completion [End of Clause]

H.15 - Cultural Resources (Dec 2015)

In accordance with the National Historic Preservation Act of 1966 (16 U.S.C. 470), the following procedures are implemented to en- sure 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 dur- ing subsurface excavations at the site of construction, the following procedures shall be instituted:

(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.

(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.

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

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

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

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

(e) Estimated duration of the temporary suspension.

If the archaeologist determines that the potential find is a bonafide cultural resource, at the direction of the State Historical Preserva- tion Officer, the Contracting Officer shall extend the duration of the “Suspension of Work” in writing, and the Contractor shall sus- pend work at the location of the find.

Equitable adjustment of the construction contract shall be made in the following manner:

(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.

(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 compensa- tion for the Contractor’s actual loss in accordance with the following:

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

(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.

(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.

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 Texas Historical Commission is located at 1511 Colorado Street, Austin, TX 78701. The mailing address is P.O. Box 12276, Aus-tin, TX 78711. The Texas Historical Commission may be reached by email at thc@thc.state.tx.us,by telephone at 512-463-6100.

(End of Clause)

H.17 - 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:

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

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

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

(iii) Where portions within either the proposal or the final design conflict, the portion that most exceeds the requirements of the so- licitation has precedence.

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

(i) Standard Form 1442, Price Schedule, and Davis Bacon Wage Rates

(ii) Contract Clauses

(iii) Special Contract Clauses

(iv) Statement of Work

(v) Attachments (excluding Concept Drawings)

(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 ex- pense. 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.20 - 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 Technical Specifications, Division 01-General Requirements, 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:

(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.

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

(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 re-submittals.

(End of Clause)

Section I - Contract Clauses

52.236-4 - Physical Data (Apr 1984)

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

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by as detailed in Technical Specification Section 00.31.19 (Existing Condition Information) and Section 00.31.32 (Geotechnical Information).

(b) Weather conditions Amistad Dam, TX Station ID 410225 and GHCND USC00410225.

(c) Transportation facilities Penstock #5 is located in Amistad Dam in Val Verde County, Texas. Access is limited via Texas Spur

349. The rating os Spur 349 is HS-20, with the entry embankment load capacity of 70,000 pounds. Workers must pass through the port-of entry to access the worksite, daily gate hours are 10:00 am to 6:00 pm. DHS may change these hours without notice. If the deign-Builder wishes to perform any work outside of these hours, it must be coordinated through the Amistad Dam Area Operations Manager. Workers crossing through the Port-of- Entry need to have proper documentation for reentry to the United States.

(d) Design-builder must provide a certified crane operator and crane to move penstock bulkhead into place. Any design inspections must be coordinated with the Amistad Field Office..

(End of clause)

MONTH JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANNUAL

Average Max Temp (F)

63.2 69.4 79.7 83.9 89.4 95.5 97.1 98.4 90.6 82.8 72.5 63.8 81.9 Max Temp Recorded (F) 88 98 100 107 109 113 114 110 113 102 95 90 114 Average Min Temp (F)

39.5 43.4 52.3 58.7 66.3 72.7 74.6 75.0 69.8 60.2 49.5 41.3 58.6 Min Temp Recorded (F)

14 12 24 34 42 55 61 62 47 30 24 9 9 Average Total Precipitation (in)

0.67 0.66 1.43 1.22 2.64 1.83 1.80 2.50 3.18 1.68 1.05 0.75 19.35 Max Monthly Precipitation (in)

2.29 2.79 4.55 4.57 8.83 5.67 8.76 12.419.63 5.43 4.71 2.94 31.66

52.248-3 Alt I - Value Engineering-Construction (Oct 2020) - Alternate I (Apr 1984)

(a) General. The Contractor is encouraged to develop, prepare, and submit value engineering change proposals (VECP's) voluntarily. The Contractor shall share in any instant contract savings realized from accepted VECP's, in accordance with paragraph (f) of this clause.

(b) Definitions. "Collateral costs," as used in this clause, means agency costs of operation, maintenance, logistic support, or Government-furnished property.

"Collateral savings," as used in this clause, means those measurable net reductions resulting from a VECP in the agency's overall projected collateral costs, exclusive of acquisition savings, whether or not the acquisition cost changes.

"Contractor's development and implementation costs," as used in this clause, means those costs the Contractor incurs on a VECP specifically in developing, testing, preparing, and submitting the VECP, as well as those costs the Contractor incurs to make the contractual changes required by Government acceptance of a VECP.

"Government costs," as used in this clause, means those agency costs that result directly from developing and implementing the VECP, such as any net increases in the cost of testing, operations, maintenance, and logistic support. The term does not include the normal administrative costs of processing the VECP.

"Instant contract savings," as used in this clause, means the estimated reduction in Contractor cost of performance resulting from acceptance of the VECP, minus allowable Contractor's development and implementation costs, including subcontractors' development and implementation costs (see paragraph (h) of this clause).

"Value engineering change proposal (VECP)" means a proposal that--

(1) Requires a change to this, the instant contract, to implement; and

(2) Results in reducing the contract price or estimated cost without impairing essential functions or characteristics; provided, that it does not involve a change--

(i) In deliverable end item quantities only; or

(ii) To the contract type only.

(c) VECP preparation. As a minimum, the Contractor shall include in each VECP the information described in paragraphs (c)(1) through (7) of this clause. If the proposed change is affected by contractually required configuration management or similar procedures, the instructions in those procedures relating to format, identification, and priority assignment shall govern VECP preparation. The VECP shall include the following:

(1) A description of the difference between the existing contract requirement and that proposed, the comparative advantages and disadvantages of each, a justification when an item's function or characteristics are being altered, and the effect of the change on the end item's performance.

(2) A list and analysis of the contract requirements that must be changed if the VECP is accepted, including any suggested specification revisions.

(3) A separate, detailed cost estimate for (i) the affected portions of the existing contract requirement and (ii) the VECP. The cost reduction associated with the VECP shall take into account the Contractor's allowable development and implementation costs, including any amount attributable to subcontracts under paragraph (h) of this clause.

(4) A description and estimate of costs the Government may incur in implementing the VECP, such as test and evaluation and operating and support costs.

(5) A prediction of any effects the proposed change would have on collateral costs to the agency.

(6) A statement of the time by which a contract modification accepting the VECP must be issued in order to achieve the maximum cost reduction, noting any effect on the contract completion time or delivery schedule.

(7) Identification of any previous submissions of the VECP, including the dates submitted, the agencies and contract numbers involved, and previous Government actions, if known.

(d) Submission. The Contractor shall submit VECP's to the Resident Engineer at the worksite, with a copy to the Contracting Officer.

(e) Government action.

(1) The Contracting Officer will notify the Contractor of the status of the VECP within 45 calendar days after the contracting office receives it. If additional time is required, the Contracting Officer will notify the Contractor within the 45-day period and provide the reason for the delay and the expected date of the decision.

The Government will process VECP's expeditiously; however, it will not be liable for any delay in acting upon a VECP.

(2) If the VECP is not accepted, the Contracting Officer will notify the Contractor in writing, explaining the reasons for rejection. The Contractor may withdraw any VECP, in whole or in part, at any time before it is accepted by the Government. The Contracting Officer may require that the Contractor provide written notification before undertaking significant expenditures for VECP effort.

(3) Any VECP may be accepted, in whole or in part, by the Contracting Officer's award of a modification to this contract citing this clause. The Contracting Officer may accept the VECP, even though an agreement on price reduction has not been reached, by issuing the Contractor a notice to proceed with the change. Until a notice to proceed is issued or a contract modification applies a VECP to this contract, the Contractor shall perform in accordance with the existing contract. The decision to accept or reject all or part of any VECP is a unilateral decision made solely at the discretion of the Contracting Officer.

(f) Sharing--

(1) Rates. The Government's share of savings is determined by subtracting Government costs from instant contract savings and multiplying the result by--

(i) 45 percent for fixed-price contracts; or

(ii) 75 percent for cost-reimbursement contracts.

(2) Payment. Payment of any share due the Contractor for use of a VECP on this contract shall be authorized by a modification to this contract to--

(i) Accept the VECP;

(ii) Reduce the contract price or estimated cost by the amount of instant contract savings; and

(iii) Provide the Contractor's share of savings by adding the amount calculated to the contract price or fee.

(g) Subcontracts. The Contractor shall include an appropriate value engineering clause in any subcontract of $75,000 or more and may include one in subcontracts of lesser value. In computing any adjustment in this contract's price under paragraph (f) of this clause, the Contractor's allowable development and implementation costs shall include any subcontractor's allowable development and implementation costs clearly resulting from a VECP accepted by the Government under this contract, but shall exclude any value engineering incentive payments to a subcontractor. The Contractor may choose any arrangement for subcontractor value engineering incentive payments; provided, that these payments shall not reduce the Government's share of the savings resulting from the VECP.

(h) Data. The Contractor may restrict the Government's right to use any part of a VECP or the supporting data by marking the following legend on the affected parts:

These data, furnished under the Value Engineering--Construction clause of contract Certified Cost and Pricing Data At this time the USIBWC does not require the submission of certified cost or pricing data.

However, the USIBWC reserves 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 52.230-1 Cost Accounting Standards Notices and Certifications (May 2012) FAR 52.230-2 Cost Accounting Standards (May 2014) 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), shall not be disclosed outside the Government or duplicated, used, or disclosed, in whole or in part, for any purpose other than to evaluate a value engineering change proposal submitted under the clause. This restriction does not limit the Government's right to use information contained in these data if it has been obtained or is otherwise available from the Contractor or from another source without limitations.

If a VECP is accepted, the Contractor hereby grants the Government unlimited rights in the VECP and supporting data, except that, with respect to data qualifying and submitted as limited rights…