IBM10B0002.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IBM10B0002 X SEALED BID (IFB)

NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

11/20/2009

RATING

IMPORTANT -The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

AQ 03094201086

6. PROJECT NO.

CODE IBWC_

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4171 NORTH MESA, STE. C100

EL PASO, TX 79902-1441

7. ISSUED BY

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4171 NORTH MESA, STE. C100

EL PASO, TX 79902-1441

8. ADDRESS OFFER TO

9. FOR INFORMATION EMAIL: a. NAME

Delfina C. Lechuga

b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) c. EMAIL lechugadc@state.gov

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" means "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Furnish all labor, materials, equipment, and all incidentals necessary to complete the construction of the Upper Rio Grande Flood Control Project - Rehabilitation for the Rio Grande Canalization Protective Levee System, Mesilla Levee Segment - Phase 1, Dona Ana County, New Mexico.

The estimated price range is between $25,000,000.00 and $50,000,000.00.

Unrestricted under NAICS 237990

AMERICAN RECOVERY ACT FUNDED

11. The Contractor shall begin performance within ___10___ calendar days and complete it within ___365___ calendar days after receiving award, X notice to proceed. This performance period is X mandatory negotiable. ( (See _*F.2 in Section F_.)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12b).

X YES NO

12b. CALENDAR DAYS

Sealed offers in original and __0__ copies to perform the work required are due at the place specified in item 8 by __15:00:00__ (hour) local time __12/22/2009 __ (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

a.

b. An offer guarantee X is, is not required.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.c.

d.

Offers providing less than __90__ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

13. ADDITIONAL SOLICITATION REQUIREMENTS

NSN 7540-01-155-3212 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA - FAR (48 CFR) 53.236-1(e)

IBM10B0002

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

CONTACT: DUNS:

CODE FACILITY CODE

The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

17.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified) 7

ITEM

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE IBWC_

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4171 NORTH MESA, STE. C100

EL PASO, TX 79902-1441

International Boundary and Water Commission (IBWC)

USIBWC - FINANCIAL SERVICES DIV

4171 NORTH MESA, STE. C100

EL PASO, TX 79902-1441

27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a.NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

Patricia Singer 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs B.1 52.211-18 Variation in Estimated Quantity (Apr 1984) B.2 Taxes -- IBWC (May 200)

C Descriptions/Specifications/Statement of Work C.1 Specifications and Plans

D Packaging and Marking D.1 Packaging and Marking

E Inspection and Acceptance 52.246-12 Inspection of Construction (Aug 1996) E.1 52.252-02 Clauses Incorporated by Reference (Feb 1998)

F Deliveries or Performance 52.242-14 Suspension of Work (Apr 1984) F.1 52.252-02 Clauses Incorporated by Reference (Feb 1998) F.2 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) F.3 Actual Damages--Construction

G Contract Administration Data G.1 Contracting Officer -- IBWC (May 2009) G.2 Designation of Contracting Officer and Contract Specialist/Administrator - IBWC (Nov 2009) G.3 Contracting Officer's Representative -- IBWC (May 2009) G.4 Contractor's Contract Administrator -- IBWC (May 2009)

H Special Contract Requirements H.1 52.236-04 Physical Data (Apr 1984) H.2 Performance and Payment Bonds -- IBWC (May 2009) H.3 Compensation and Liability Insurance -- IBWC (May 2009) H.4 Builders Risk Insurance -- IBWC (May 2009) H.5 Brand Name or Equal - IBWC (May 2009) H.6 Technical Data Submittal Requirements -- IBWC (May 2009) H.7 Accident Prevention and PrePlanning H.8 Equipment Ownership and Operating Expense Schedule -- IBWC (May 2009) H.9 Construction Safety Standards -- IBWC (May 2009) H.10 Construction Program -- IBWC (May 2009) H.11 Cultural Resources -- IBWC (May 2009) H.12 Work Schedule -- IBWC (May 2009) H.13 Utility and Telephone Services - IBWC (May 2009) H.14 Administration of Default (Fixed-Price Construction) -- IBWC (May 2009) H.15 Time Extensions for Unusually Severe Weather -- IBWC (Nov 2009) H.16 Change Orders and Contract Modifications: Limitations on Markups -- IBWC (May 2009)

I Contract Clauses 52.202-1 Definitions (July 2004) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (Apr 1984) 52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006) 52.203-7 Anti-Kickback Procedures (Jul 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997) 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity (Jan 1997) 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Sept 2007) 52.203-13 Contractor Code of Business Ethics and Conduct (Dec 2008) 52.203-14 Display of Hotline Poster(s) (Dec 2007) 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Mar 2009) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000) 52.204-7 Central Contractor Registration (Apr 2008) 52.204-11 American Recovery and Reinvestment Act--Reporting Requirements (Mar 2009) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (Sept 2006) 52.214-26 Alt I Audit and Records--Sealed Bidding (Mar 2009) Alt I (Mar 2009) 52.214-27 Price Reduction for Defective Cost or Pricing Data - Modifications - Sealed Bidding (Oct

1997) 52.214-28 Subcontracting Cost or Pricing Data--Modifications--Sealed Bidding (Oct 1997) 52.214-29 Order of Precedence--Sealed Bidding (Jan 1986) 52.215-2 Alt I Audit and Records--Negotiation (Mar 2009) - Alternate I (Mar 2009) 52.215-11 Price Reduction for Defective Cost or Pricing Data--Modifications (Oct 1997) 52.215-13 Subcontractor Cost or Pricing Data--Modifications (Oct 1997) 52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications (Oct 1997) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) 52.219-8 Utilization of Small Business Concerns (May 2004) 52.219-9 Alt I Small Business Subcontracting Plan (Nov 2007)- Alternate I (Oct 2001) 52.219-16 Liquidated Damages-Subcontracting Plan (Jan 1999) 52.219-28 Post-Award Small Business Program Rerepresentation (Apr 2009) 52.222-3 Convict Labor (June 2003) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation (July 2005) 52.222-6 Davis Bacon Act (July 2005) 52.222-7 Withholding of Funds (Feb 1988) 52.222-8 Payrolls and Basic Records (Feb 1988) 52.222-9 Apprentices and Trainees (July 2005) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) (July 2005) 52.222-12 Contract Termination-Debarment (Feb 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (Feb 1988) 52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility (Feb 1988) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (Feb 1999) 52.222-29 Notification of Visa Denial (June 2003) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans (Sept 2006) 52.222-36 Affirmative Action for Workers with Disabilities (June 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) 52.222-50 Combating Trafficking in Persons (Feb 2009) 52.222-54 Employment Eligiblity Verification (Jan 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(Dec 2007) 52.223-5 Alt II Pollution Prevention and Right-to-Know Information (Aug 2003)- Alternate II (Aug 2003) 52.223-6 Drug Free Workplace (May 2001) 52.223-14 Toxic Chemical Release Reporting 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (May 2008) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.227-1 Authorization and Consent (Dec 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 52.227-4 Patent Indemnity--Construction Contracts (Dec 2007) 52.228-2 Additional Bond Security (Oct 1997) 52.228-5 Insurance - Work on a Government Installation (Jan 1997) 52.228-11 Pledges of Assets (Aug 2009) 52.228-12 Prospective Subcontractor Requests for Bonds (Oct 1995) 52.228-14 Irrevocable Letter of Credit (Dec 1999) 52.228-15 Performance and Payment Bonds--Construction (Nov 2006) 52.229-3 Federal, State and Local Taxes (Apr 2003) 52.232-5 Payments under Fixed-Price Construction Contracts (Sept 2002) 52.232-16 Progress Payments (July 2009) 52.232-17 Interest (Oct 2008) 52.232-23 Assignment Of Claims (Jan 1986) 52.232-27 Prompt Payment for Construction Contracts (Oct 2008) 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) 52.233-1 Disputes (July 2002)

52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-1 Performance of Work by the Contractor (Apr 1984) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-5 Material and Workmanship (Apr 1984) 52.236-6 Superintendence by the Contractor (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-8 Other Contracts (Apr 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-10 Operations and Storage Areas (Apr 1984) 52.236-11 Use and Possession Prior to Completion (Apr 1984) 52.236-12 Cleaning Up (Apr 1984) 52.236-13 Alt I Accident Prevention (Nov 1991)- Alternate I (Nov 1991) 52.236-14 Availability and Use of Utility Services (Apr 1984) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-16 Quantity Surveys (Apr 1984) 52.236-17 Layout of Work (Apr 1984) 52.236-21 Specifications and Drawings for Construction (Feb 1997) 52.236-26 Preconstruction Conference (Feb 1995) 52.242-13 Bankruptcy (July 1995) 52.243-4 Changes (June 2007) 52.244-6 Subcontracts for Commercial Items (Aug 2009) 52.246-21 Warranty of Construction (Mar 1994) 52.248-3 Value Engineering--Construction (Sept 2006) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (May 2004) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) 52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials (Mar 2009) 52.225-23 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials under Trade Agreements (Aug 2009) 52.252-2 Clauses Incorporated by Reference (Feb 1998)

J List of Attachments J.1 Department of Labor General Wage Decision NM20080001 10/16/2009 J.2 IBWC Form 117, Statement of Attendance at Pre-Bid Conference and Site Inspection J.3 IBWC Form 110, Certification of Authority fo Signing Bids/Contracts J.4 IBWC 116, Statement of Equipment J.5 SF 24 Bid Bond J.6 SF 28 Affidavit of Individual Surety J.7 Specifications J.8 Plans J.9 Amendments (If Applicable)

K Representations, Certifications, and Other Statements of Offerors or Respondents K.1 Implementation of Online Represenations and Certifications Application (ORCA) -- IBWC (May 2009) 52.204-8 Annual Representations and Certifications (Feb 2009) 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan--Certification (Aug 2009)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.214-3 Amendments to Invitations for Bids (Dec 1989) 52.214-4 False Statements in Bids (Apr 1984) 52.214-5 Submission of Bids (Mar 1997) 52.214-6 Explanation to Prospective Bidders (Apr 1984) 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids (Nov 1999) 52.214-18 Preparation of Bids-Construction (Apr 1984) 52.214-19 Contract Award-Sealed Bidding-Construction (Aug 1996) 52.214-34 Submission of Offers in the English Language (Apr 1991)

52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) L.1 Pre-Bid Conference - IBWC (May 2009) L.2 Qualifications of Bidders - IBWC (May 2009) L.3 Bid Guarantee - IBWC (May 2009) 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (Aug 1998) 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards, and Commercial Item Descriptions (June 1988) 52.216-1 Type of Contract (Apr 1984) 52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials (Mar 2009) 52.225-24 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Ac--Construction Materials under Trade Agreements (Mar 2009) 52.233-2 Service of Protest (Sept 2006) 52.236-27 Alt I Site Visit (Construction) (Feb 1995) - Alternate I (Feb 1995) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

M Evaluation Factors for Award M.1 Award M.2 Mandatory Pre-Bid Conference and Site Visit 52.225-10 Notice of Buy American Act Requirement--Construction Materials (Feb 2009)

AMERICAN RECOVERY ACT FUNDED

001 SPECIFICATION 01 57 01 Temp Erosion Control (Silt

Fence)

316,877.00 LF

Doc Ref No: 03094201086 Delivery Date FOB:

Destination

002 SPECIFICATION 01 57 02 Temp Erosion Control (Const Exit)

2,556.00 SY

Doc Ref No: 03094201086 Delivery Date FOB:

Destination

003 SPECIFICATION 01 70 01 Mobilization/Demobilization 1.00 LS Doc Ref No: 03094201086

Delivery Date FOB:

Destination

004 SPECIFICATION 31 11 10 Prep Right of Way

NOTE: Actual unit description is "STA" for station;

however, for this Bid Schedule "EA" for each is used to mean the same unit/

1,763.00 EA

Doc Ref No: 03094201086 Delivery Date FOB:

Destination

005 SPECIFICATION 31 14 01 Remove/Stockpile (Exist Gravel)

NOTE: CD is defined as "Cubic Yard" throughout the Bid Schedule, contract line item numbers (CLINS) 05, 08-10, 12, 23, 27

45,884.00 CD

Doc Ref No: 03094201086 Delivery Date FOB:

Destination

006 SPECIFICATION 31 92 01 Seeding (Perm) 692,064.00 SY Doc Ref No: 03094201086

Delivery Date FOB:

Destination

007 SPECIFICATION 31 92 02 Vegetative Watering

NOTE: Actual unit description is "MG" for one thousand (1,000) gallons; however, for this Bid Schedule "EA" for each is used to mean the same unit.

1,384.00 EA

Doc Ref No: 03094201086 Delivery Date FOB:

Destination

008 SPECIFICATION 35 41 01 Raise Levee (Bench Excavation)

473,058.00 CD

Doc Ref No: 03094201086 Delivery Date FOB:

Destination

009 SPECIFICATION 35 41 02 Raise Levee (Embankment) 599,743.00 CD Doc Ref No: 03094201086

IBM10B0002

Line Item Summary

Solicitation Number:

IBM10B0002

Contract Number: Title: RECOVERY-Construct Mesilla Levee Segment-Phase 1

Date of Solicitation:

11/20/2009

Line Item No. Description Quantity Unit Unit Price Total Cost

Delivery Date FOB:

Destination

010 SPECIFICATION 35 41 03 Raise Levee (Topsoil) 115,344.00 CD Doc Ref No: 03094201086

Delivery Date FOB:

Destination

011 SPECIFICATION 35 43 01 Toe Drain 160,377.00 LF Doc Ref No: 03094201086

Delivery Date FOB:

Destination

012 SPECIFICATION 50 20 02 Roadway Flex Base (Ty B GR 3)

71,142.00 CD

Doc Ref No: 03094201086 Delivery Date FOB:

Destination

013 SPECIFICATION 50 91 02 Provide and Install New Traffic Signs

67.00 EA

Doc Ref No: 03094201086 Delivery Date FOB:

Destination

014 SPECIFICATION 50 92 01 Remove, Refurb, Reinstall Access Gates

13.00 EA

Doc Ref No: 03094201086 Delivery Date FOB:

Destination

015 SPECIFICATION 60 63 02 RC Box Culvert (5'x4') 8.00 LF Doc Ref No: 03094201086

Delivery Date FOB:

Destination

016 SPECIFICATION 60 64 19 RC Pipe (CL III) (30 IN) 22.00 LF Doc Ref No: 03094201086

Delivery Date FOB:

Destination

017 SPECIFICATION 60 66 92 Conc Hdwl (12 IN) 1.00 EA Doc Ref No: 03094201086

Delivery Date FOB:

Destination

018 SPECIFICATION 60 66 94 Conc Hdwl (48 IN) 1.00 EA Doc Ref No: 03094201086

Delivery Date FOB:

Destination

019 SPECIFICATION 60 66 98 Conc Hdwl (30 IN) 2.00 EA Doc Ref No: 03094201086

Delivery Date FOB:

Destination

020 SPECIFICATION 60 66 99 Repair Concrete Headwalls 2.00 SF

IBM10B0002

Line Item Summary

Solicitation Number:

IBM10B0002

Contract Number: Title: RECOVERY-Construct Mesilla Levee Segment-Phase 1

Date of Solicitation:

11/20/2009

Doc Ref No: 03094201086 Delivery Date FOB:

Destination

021 SPECIFICATION 60 68 80 Flapgate (Various Sizes) 6.00 EA Doc Ref No: 03094201086

Delivery Date FOB:

Destination

022 SPECIFICIATION 60 69 01 Sluice Gate Maintenance 13.00 EA Doc Ref No: 03094201086

Delivery Date FOB:

Destination

023 SPECIFICATION 60 79 01 Abandon/Plug Structure 131.00 CD Doc Ref No: 03094201086

Delivery Date FOB:

Destination

024 SPECIFICATION 60 96 10 Remove Str (Conc Hdwl) 4.00 EA Doc Ref No: 03094201086

Delivery Date FOB:

Destination

025 SPECIFICATION 90 81 01 Boulders 52.00 EA Doc Ref No: 03094201086

Delivery Date FOB:

Destination

026 SPECIFICATION 34 01 01 Clean Existing Channal 2,005.00 LF Doc Ref No: 03094201086

Delivery Date FOB:

Destination

027 SPECIFICATION 35 42 01 Riprap (Concrete) 7.00 CD Doc Ref No: 03094201086

Delivery Date FOB:

Destination

028 SPECIFICATION 60 66 90 Conc Hdwl (Special) 1.00 EA Doc Ref No: 03094201086

Delivery Date FOB:

Destination

B.1 52.211-18 Variation in Estimated Quantity (Apr 1984) 04/01/1984

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and

IBM10B0002

Line Item Summary

Solicitation Number:

IBM10B0002

Contract Number: Title: RECOVERY-Construct Mesilla Levee Segment-Phase 1

Date of Solicitation:

11/20/2009 make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

B.2 Taxes -- IBWC (May 200) 05/29/2009

In accordance with FAR clause 52.229-3, incorporated by reference in Section I, prices set forth herein shall include all applicable federal, state and local taxes.

Section C - Descriptions/Specifications/Statement of Work

C.1 Specifications and Plans 06/25/2009

Refer to Section J, List of Documents, Exhibits and Other Attachments - Final Technical Specifications for Upper Rio Grande Flood Control Project - Rehabilitation Improvements for the Rio Grande Canalization Protective Levee System, Mesilla Phase 1 project-specific documents conform to the Construction Specifications Institute (CSI) Master Format, 2004 edition.

Section D - Packaging and Marking

D.1 Packaging and Marking 06/25/2009

This section is not used.

Section E - Inspection and Acceptance

Clauses By Reference Clause Title Date 52.246-12 Inspection of Construction (Aug 1996) 08/01/1996

E.1 52.252-02 Clauses Incorporated by Reference (Feb 1998) 06/25/2009

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arnet/gov/far.

Section F - Deliveries or Performance

Clause Title Date 52.242-14 Suspension of Work (Apr 1984) 04/01/1984

F.1 52.252-02 Clauses Incorporated by Reference (Feb 1998) 06/25/2009

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arnet/gov/far.

F.2 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 04/01/1984

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than three hundred and sixty five (365) calendar days after the date the contractor receives the notice to proceed. Note: The flood control levee improvements, excluding seeding and maintenance of vegetation, shall be completed 245 calendar days. All maintenance of seeding shall be completed within 120 calendar days of completion of all other levee work. The time stated for completion shall include final cleanup of the premises.

F.3 Actual Damages--Construction 05/29/2009

If the contractor fails to complete the work within the time specified in the contract, the contractor shall pay actual damages to the Government for each calendar day of delay until the work is completed or accepted. If the Government terminates the contractor's right to proceed, actual damages will continue to accrue until the work is completed. These actual damages are in addition to excess costs of reprocurement under the termination clause incorporated by reference under Section I.

Section G - Contract Administration Data

G.1 Contracting Officer -- IBWC (May 2009) 05/29/2009

"Contracting Officer" means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer within the limits of their authority as delegated by the Contracting Officer.

G.2 Designation of Contracting Officer and Contract Specialist/Administrator - IBWC (Nov 2009)

11/20/2009

The Contracting Officer for this contract is:

Name: Patricia S. Singer

Address: International Boundary & Water Commission, United States & Mexico (USIBWC)

4171 N Mesa, Suite C-100

El Paso, TX 79902-1441

Telephone: (915) 832-4709

Fax: (915) 832-4192 e-Mail: pssinger@ibwc.gov

The Contract Specialist/Adminstrator for this contract is:

Name: Delfina C. Lechuga

Address: International Boundary & Water Commission, United States & Mexico (USIBWC)

4171 N Mesa, Suite C-100

El Paso, TX 79902-1441

Telephone: (915) 832-4120

Fax: (915) 832-4192 e-Mail: dclechug@ibwc.gov

G.3 Contracting Officer's Representative -- IBWC (May 2009) 05/29/2009

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 contract price, quantity, or quality, 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.4 Contractor's Contract Administrator -- IBWC (May 2009) 05/29/2009

Offeror is requested to delegate a person to be contacted for prompt contract administration.

Name: ___________________________________________

Address: ___________________________________________

Telephone: __________________ Cell: __________________

Fax: __________________ e-Mail: _____________________________________

Section H - Special Contract Requirements

H.1 52.236-04 Physical Data (Apr 1984) 06/25/2009

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 visual survey, and the associated geotechnical data and reports identified in the Specifications, Division 00 Procurement and Contracting Requirements, Section 00.31.32 Geotechnical Data.

(b) Weather conditions as reported by http://www.weather.com on the Internet:

(c) Transportation facilities: Access to the project site is unrestricted.

(d) The existing condition of the levee is addressed under the Specifications, Division 00, Procurement and Contracting Requirements, Section 00.31.19 Existing Condition Information

H.2 Performance and Payment Bonds -- IBWC (May 2009) 05/29/2009

(a) For contracts that exceed $100,000, the Contractor shall, within fifteen (15) calendar days after award of contract, furnish to the Government bonds as follows:

(1) 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) 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 lump sum 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.

(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, (attached) is not in itself sufficient and will not be accepted absent of additional 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 concerning other contracts on which they have provided bonds. This information should include contract number, contract location, amount and type of bond 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

H.3 Compensation and Liability Insurance -- IBWC (May 2009) 05/29/2009

The Contractor shall within fifteen (15) 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, and Hidalgo Improvement District # 3, as additionally insured. Although the requirement for naming the United States of America as an additional insured does not apply to Worker's Compensation Insurance, it does apply for Hidalgo Improvement District #3.

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 five 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.4 Builders Risk Insurance -- IBWC (May 2009) 05/29/2009

(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 his subcontract until the insurance required of the subcontractor has been so obtained and approved.

(c) The Contractor shall procure within fifteen (15) 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) 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.5 Brand Name or Equal - IBWC (May 2009) 05/29/2009

(As used in this clause, the term “brand name” includes identification of products by manufacturer, make, and/or model.)

If items called for by this Invitation for Bids 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 52.236-05 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 Specifications, Division 01 General Requirements, Section 01 33 00 Submittals).

H.6 Technical Data Submittal Requirements -- IBWC (May 2009) 05/29/2009

(a) Technical data required to be provided to the government are described in the paragraph entitled “Submittal Requirements” in the Specifications, Division 01 General Requirements, Section 01 33 00 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 will expedite the review of submittals. However, for specific submittals the Government will require up to the amount of time specified in Section 01 33 00 for review of submittals or re-submittals.

H.7 Accident Prevention and PrePlanning 05/29/2009

With reference to the requirements of FAR clause 52.236-13 (Alternate I) for an overall safety program, the Contractor will:

(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 prior to starting work on each major phase of work.

Plans will include all pertinent information, such as methods of providing safety measures for personnel performing required work. The plan for accomplishing work will be submitted prior to commencing operations.

H.8 Equipment Ownership and Operating Expense Schedule -- IBWC (May 2009)

(a) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a Contractor or subcontractor at any tier shall be based on actual cost data when the Government can determine both ownership and operating costs for each piece of equipment or equipment groups of similar serial and series from the Contractor's accounting records. When both ownership and operating costs cannot be determined from the Contractor's accounting records, equipment costs shall be based upon the applicable provisions of EP 1110 1 8, "Construction Equipment Ownership and Operating Expense Schedule," Region VI (available online at http://140.914.76.129/publications/eng-pamphlets/ep1110-1-8(vol6)/toc.htm). Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retrospective pricing, the Schedule in effect at the time for the work was performed shall apply.

(b) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(11) and FAR 31.205 36, substantiated by certified copies of paid invoices. Rates for equipment rented from an organization under common control, lease purchase or sale leaseback arrangements will be determined using the schedule except that rental costs leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated leases are allowable. Costs for major repairs and overhaul are unallowable.

H.9 Construction Safety Standards -- IBWC (May 2009) 05/29/2009

(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 September 15, 2008 (see Specifications, Division 01 General Requirements, Section 01 39 00 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 September 15, 2008. This pamphlet is available from:

http://www.usace.army.mil/CESP/Pages/EM385-1-1,28008NEW!.aspx.

(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.10 Construction Program -- IBWC (May 2009)

(a) The Contractor shall submit a schedule of construction in accordance with the requirements set forth in the Specifications, Division 01 General Requirements, Section 01 32 00 Construction Progress Documentation. The Contractor shall account for in 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 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 schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule. Until such time as the submitted schedule is approved as the official schedule of the project, the Contracting Officer may withhold approval of progress payments.

(b) If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer 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 Contracting Officer 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 Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer 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 Contracting Officer 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.11 Cultural Resources -- IBWC (May 2009) 05/29/2009

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:

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

(2) Such “Stop Work Order” 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 “Stop Work Order” 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 his 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 Preservation Officer, the Contracting Officer shall extend the duration of the “Stop Work Order” 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:

(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 his 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:

(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) 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, and legal holidays, during the existence of such delay.

The State Historical Preservation Officer, Debra Beene, is located at 1511 Colorado, Austin, TX 78701. Ms.

Beene may be reached by e-mail at debra.beene@thc.state.tx.us, by telephone at 515-463-5865, or by mail at the Texas Historical Commission, PO Box 12276, Austin, TX 78711-22786. If unable to contact Ms. Beene, the main telephone number is 512-463-6100.

H.12 Work Schedule -- IBWC (May 2009) 05/29/2009

Normal working hours for the Contractor will be between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday, excluding Federal Holidays. If the Contractor wishes to work during periods other than that above, additional Government inspection forces will be required. The Contractor shall notify the Contracting Officer’s Representative (COR) three (3) days in advance of his desire to work during other periods to allow assignment of additional inspection forces when the Contracting Officer determines that the additional inspection force is reasonably available. If such force is reasonably available, the Contracting Officer may authorize the Contractor to perform work during periods other than normal duty hours/days; however, if inspectors are required to perform in excess of their normal duty hours/days, the actual cost of the overtime inspection at overtime rates will be charged to the Contractor and will be deducted from the final payment of the contract amount.

H.13 Utility and Telephone Services - IBWC (May 2009)

The U.S. Section, International Boundary and Water Commission will not provide utility (water, gas and electricity) and telephone services to the Contractor. The Contractor shall, at his own expense and in a workmanlike manner satisfactory to the Contracting Officer, install and maintain all necessary temporary connections and distribution lines, and he shall remove the same prior to final acceptance of the work

H.14 Administration of Default (Fixed-Price Construction) -- IBWC (May 2009) 05/29/2009

(a) Notwithstanding paragraph (b)(a)(xi) of the Default (Fixed-Price Construction) clause, the Contractor shall not be excused for delays, and shall be liable for any…