IBM14B0001_FINAL_01_10_2014.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IBM14B0001 X SEALED BID (IFB)

NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

01/10/2014

RATING

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 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 8. ADDRESS OFFER TO

9. FOR INFORMATION EMAIL: a. NAME

Laura A. Baker

b. TELEPHONE NO. (Include area code)(NO COLLECT CALLS) c. EMAIL laura.baker@ibwc.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)

THIS IS A 100% SMALL BUSINESS SET ASIDE. THIS IS A FIRM FIXED PRICE LUMP SUM CONTRACT.

IAW CONTRACT CLAUSE 52.236-27 ALT I, SITE VISIT (CONSTRUCTION) - ALTERNATE I (FEB 1995), A SITE VISIT SHALL BE HELD ON THURSDAY, JANUARY 23, 2014 AT THE USIBWC MERCEDES FIELD OFFICE, 325 GOLF

COURSE ROAD, MERCEDES, TX 78750-9677 AT 10:00 AM CST.

Furnish all labor, material, and equipment necessary to complete the construction of the rehabilitation of the Progresso Levee within the Lower Rio Grande in Hidalgo and Cameron, Counties, TX.

The estimate price range is between $5,000,000.00 and $10,000,000.00.

The applicable NAICS CODE is 237990 - Other Heavy and Civil Engineering Construction.

ALL PAGES AND THE BIDDER'S COMPLETED PROVISIONS OF THIS SOLICITATION MUST BE SUBMITTED WITH

THE BIDDER'S IFB FINAL PACKAGE.

11. The Contractor shall begin performance within ___10___ calendar days and complete it within ___485___ calendar days after receiving award, X notice to proceed. This performance period is X mandatory negotiable. ( (See _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 __1__ copies to perform the work required are due at the place specified in item 8 by __14:00:00__ (hour) local time __02/14/2014 __ (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:

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1442 (REV. 4-85)

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

IBM14B0001

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) 27

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 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 futher contractual document is necessary.

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

Frank Delgado 31a. NAME OF CONTRACTING OFFICER (Type or print)

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

BY

01/10/2014

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs C Descriptions/Specifications/Statement of Work

C.01 Specifications and Plans D Packaging and Marking

D.01 Packaging and Marking E Inspection and Acceptance

52.246-12 Inspection of Construction (Aug 1996) F Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.211-12 Liquidated Damages - Construction (Sept 2000) 52.211-13 Time Extensions (Sept 2000) 52.242-14 Suspension of Work (Apr 1984)

G Contract Administration Data G.01 Contracting Officer -- IBWC (May 2009) G.02 Designation of Contracting Officer/Contract Administrator -- IBWC (Dec 2013) G.03 Contracting Officer's Representative IBWC -- (May 2009)

H Special Contract Requirements H.01 Performance and Payment Bonds -- IBWC (Dec 2013) H.02 Compensation and Liability Insurance -- IBWC (Mar 2010) H.03 Builders Risk Insurance -- IBWC (May 2009) H.04 Brand Name or Equal -- IBWC (May 2009) H.05 Technical Data Submittal Requirements -- IBWC (May 2009) H.06 Accident Prevention and Pre-Planning -- IBWC (May 2009) H.07 Construction Program -- IBWC (May 2009) H.08 Construction Safety Standards -- IBWC (Mar 2010) H.09 Equipment Ownership and Operating Expense Schedule -- IBWC (May 2009) H.10 Cultural Resources -- IBWC (Dec 2013) H.11 Contract Work Schedule -- IBWC (Dec 2013) H.12 Utility and Telephone Services - IBWC (May 2009) H.13 Administration of Default (Fixed-Price Construction) -- IBWC (Dec 2013) H.14 Time Extensions for Unusually Severe Weather -- IBWC (Dec 2013) H.15 Change Orders and Contract Modifications: Limitations on Markups -- IBWC (May 2009) H.16 Seeding and Maintenance Period -- IBWC (Dec 2011) H.17 Contract Close Out Procedures -- IBWC (Dec 2012) H.18 Partnering Initiative

I Contract Clauses 52.202-1 Definitions (Jan 2012) 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 (Oct 2010) 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 (Oct 2010) 52.203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-7 System for Award Management (Jul 2013) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) 52.204-13 System for Award Management Maintenance (JUL 2013) 52.209-6 Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.210-1 Market Research (Apr 2011) 52.214-26 Audit and Records - Sealed Bidding (Oct 2010) 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data - Modifications - Sealed Bidding (Aug 2011)

52.214-28 Subcontractor Certified Cost or Pricing Data - Modifications - Sealed Bidding (Oct 2010) 25 52.214-29 Order of Precedence - Sealed Bidding (Jan 1986) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) 52.219-8 Utilization of Small Business Concerns (Jul 2013) 52.219-9 Alt I Small Business Subcontracting Plan (Jul 2013) - Alternate I (Oct 2001) 52.219-14 Limitations on Subcontracting (Nov 2011) 52.219-16 Liquidated Damages - Subcontracting Plan (Jan 1999) 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 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 (June 2010) 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) 52.222-35 Equal Opportunity for Veterans (Sep 2010) 52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010) 52.222-37 Employment Reports on Veterans (Sep 2010) 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) 26 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons (Feb 2009) 52.222-54 Employment Eligibility Verification (Aug 2013) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) 52.223-5 Alt II Pollution Prevention and Right-to-Know Information (May 2011) - Alternate II (May 2011) 52.223-6 Drug Free Workplace (May 2001) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (May 2008) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011) 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 (Jan 2012) 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 (Oct 2010) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (Sept 2002) 52.232-16 Alt I Progress Payments (Apr 2012) - Alternate I (Mar 2000) 52.232-17 Interest (Oct 2010) 52.232-18 Availability Of Funds (Apr 1984) 52.232-23 Assignment Of Claims (Jan 1986) 52.232-27 Prompt Payment for Construction Contracts (Jul 2013) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.233-1 Alt I Disputes (July 2002) - Alternate I (Dec 1991) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 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 Alt I Specifications and Drawings for Construction (Feb 1997) - Alternate I (Apr 1984) 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 (Jul 2013) 52.246-21 Warranty of Construction (Mar 1994) 52.248-3 Value Engineering - Construction (Oct 2010) 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (Apr 2012) - Alternate I (Sept 1996) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) 52.203-14 Display of Hotline Poster(s) (Dec 2007) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) 52.225-9 Buy American Act - Construction Materials (Sep 2010) 52.225-11 Buy American Act - Construction Materials Under Trade Agreements (Sep 2013) 52.236-4 Physical Data (Apr 1984) 52.252-2 Clauses Incorporated by Reference (Feb 1998)

J List of Attachments J.17 Amendments (if applicable)

K Representations, Certifications, and Other Statements of Offerors or Respondents 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions (Sept 2007) 52.222-38 Compliance with Veterans' Employment Reporting Requirements (Sep 2010) 52.223-4 Recovered Material Certification (May 2008) 52.225-25 Prohibition on Contracting With Entities Engaging in Sanctioned Activities Relating to Iran - Representation and Certification (Dec 2012) 52.203-2 Certificate Of Independent Price Determination (Apr 1985) 52.204-8 Annual Representations and Certifications (Jul 2013) 52.209-5 Certification Regarding Responsibility Matters (Apr 2010) 52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.214-14 Place Of Performance - Sealed Bidding (Apr 1985) 52.219-1 Small Business Program Representations (Apr 2012) 52.219-2 Equal Low Bids (Oct 1995) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 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)

52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999) 52.232-13 Notice Of Progress Payments (Apr 1984) 52.236-27 Alt I Site Visit (Construction) (Feb 1995) - Alternate I (Feb 1995) 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 (Jun 1988) 52.216-1 Type of Contract (Apr 1984) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) 52.225-10 Notice of Buy American Act Requirement - Construction Materials (Feb 2009) 52.225-12 Notice of Buy American Act Requirement - Construction Materials Under Trade Agreements (Feb 2009) 52.233-2 Service of Protest (Sep 2006) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) L.01 Pre-Bid Conference and Site Visit -- IBWC (May 2009) L.02 Qualifications of Bidders -- IBWC (May 2009) L.03 Bid Guarantee -- IBWC (May 2009) L.04 Contractor's Contract Administrator -- IBWC (Dec 2013)

M Evaluation Factors for Award M.01 Award

001 1.00 EA

The Contractor shall furnish all labor, material, and equipment necessary to complete the construction of the rehabilitation of the Progresso Levee within the Lower Rio Grande in Hidalgo and Cameron, Counties, TX in accordance with provided plans and specifications.

Doc Ref No: 4309S4201017 Delivery Date FOB:

Destination

IBM14B0001

Line Item Summary

Solicitation Number:

IBM14B0001

Contract Number: Title: Progreso Levee Improvements Date of Solicitation:

01/10/2014

Line Item No. Description Quantity Unit Unit Price Total Cost

Section C- Descriptions/Specifications/Statement of Work

C.01 Specifications and Plans

Technical specifications, drawings, and plans for this solicitation, IBM14B0001, are referenced in Section J and included as Attachments to this document.

Section D- Packaging and Marking

D.01 Packaging and Marking

This section is not used.

Section E- Inspection and Acceptance

Clause Title

52.246-12 Inspection of Construction (Aug 1996)

Section F- Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) ten (10); four hundred eighty-five (485) calendar days after the contractor commences work under this contract (three hundred sixty-five (365) calendar days for the levee construction and one hundred twenty (120) days for all other levee work);

52.211-12 Liquidated Damages - Construction (Sept 2000)

$3,120.27;

52.211-13 Time Extensions (Sept 2000)

52.242-14 Suspension of Work (Apr 1984)

Section G- Contract Administration Data

G.01 Contracting Officer -- IBWC (May 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 representation of the Contract-ing Officer within the limits of their authority as delegated by the Contracting Officer.

G.02 Designation of Contracting Officer/Contract Administrator -- IBWC (Dec 2013)

The Contracting Officer and/or Contract Administrator for this contract is:

Name: Laura A. Baker Address: International Boundary & Water Commission, United States & Mexico (USIBWC) 4171 N Mesa, Suite C-100 El Paso, TX 79902

Telephone: 915-832-4119 Fax: 915-493-2489 Email: Laura.Baker@IBWC.GOV

G.03 Contracting Officer's Representative IBWC -- (May 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 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.

Section H- Special Contract Requirements

H.01 Performance and Payment Bonds -- IBWC (Dec 2013)

(a) For contracts that exceed $100,000, the Contractor shall, within ten (10) calendar days after award of con-tract, 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 sub-mitted with it a power of attorney to the signatory agency or attorney in fact, and (1) be executed by the corpor-ate surety upon a date reasonably proximate to the date of the bond, or (2) the power of attorney shall be accom-panied 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 addi-tional 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, 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 construc-tion for which the contractor must bear the responsibility, and may result in termination of contract for failure to provide adequate bonds.

H.02 Compensation and Liability Insurance -- IBWC (Mar 2010)

The Contractor shall within ten (10) calendar days after award of contract provide and maintain minimum insur-ance 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 ac-cident or occurrence for property damage liability.

(c) Worker's Compensation Insurance for all labor employed on the project who may come within the pro-tection of workers' compensation laws and Employers General Liability with minimum limits of $100,000 each accident, bodily injury by disease $100,000 each employee, $500,000 aggregate.

In every case the insurance coverage shall amount to at least the limits stated above. However, where the Financial Responsibility Compulsory Insurance Law of the State in which the project is located requires higher limits, the Automobile Liability Insurance Policy shall provide coverage of at least those limits required by State law.

The insurance obtained by the Contractor must (1) be effective for the term of the contract and (2) must name both the United States of America by and through the United States Section of the International Boundary and Water Commission, United States and Mexico, as additionally insured. The requirement for naming the United States of America as an additional insured does not apply to Worker's Compensation Insurance.

Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writ-ing 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 in-surance policies which reflect that the cancellation/change provisions of this contract have been met.

The Contractor shall insert the substance of this clause including this paragraph in subparagraphs under this contract and shall require subcontractors to provide and maintain the same limits.

At least 5 days prior to each such subcontractor's personnel commencing work on this project, the Con-tractor shall furnish (or ensure that there has been furnished) to the Contracting Officer a current Certificate of Insurance meeting the requirements as stated above.

H.03 Builders Risk Insurance -- IBWC (May 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 Con-tractor 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 subcon-tractor to commence work on his subcontract until the insurance required of the subcontractor has been so ob-tained 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 in-surable portion of the project.

(d) The Contractor shall furnish the Contracting Officer with certificates showing the type, amount, class of op-erations covered, effective dates and dates of expiration of policies. Such certificates shall also contain substan-tially 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.04 Brand Name or Equal -- IBWC (May 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 (IFB) 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 en-titled 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 Technical Specifications, Division 01-General Requirements, Section 01.33.00-Submittals).

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

(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-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.06 Accident Prevention and Pre-Planning -- IBWC (May 2009)

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 accom-plishing 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 shall include all pertinent information, such as methods of providing safety measures for personnel per-forming required work. The plan for accomplishing work shall be submitted prior to commencing operations.

H.07 Construction Program -- IBWC (May 2009)

(a) The Contractor shall submit a schedule of construction in accordance with the requirements set forth in the Technical Specifications, Division 01-General Requirements, Section 01.32.00-Construction Progress Documentation. The Contractor shall account for in the assigned workday calendar, seasonal weather condi-tions, and other constraints considered in the planning and scheduling of all work to ensure the completion with-in 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 Con-tractor 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 Con-tractor shall take steps necessary to improve its progress, including those that may be required by the Contract-ing Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may re-quire 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 determina-tion, 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.08 Construction Safety Standards -- IBWC (Mar 2010)

(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 Technical Specifications, Division 01-General Requirements, Sec-tion 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 manual is available from:

http://140.194.76.129/publications/eng-manuals/em385-1-1/2008_English/toc.html

(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, spe-cifications paragraphs, Contractor's approved safety program, or referenced safety and health standards, the more stringent requirement will prevail.

H.09 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 operat-ing 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 Sched-ule," Region VI (available online at http://140.194.76.129/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 sched-ule 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 com-mon 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 unal-lowable.

H.10 Cultural Resources -- IBWC (Dec 2013)

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 re-sources) 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 as-sess the value of these potential cultural resources and make recommendations to the State Historical Preserva-tion 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 determ-ined by the Contracting Officer to be fair and reasonable compensation for the Contractor’s actual loss in ac-cordance with the following:

(a) Idle Time of Equipment. Compensation for equipment idle time will be determined on a force ac-count (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, Federal and State holidays, during the existence of such delay.

The Texas Historical Commission is located at 1511 Colorado St., Austin, TX 78701. The Texas Historical Commission may be reached by email at thc@thc.state.tx.us, by telephone at 512-463-6100, or by mail at the Texas Historical Commission, PO Box 12276, Austin, TX 78711-22786.

H.11 Contract Work Schedule -- IBWC (Dec 2013)

Normal duty hours for the Contractor shall be 8 hours a day, as noted on the Compliance Confirmed Construc-tion Work Schedule. The Contractor shall not start work earlier than 7:00 AM CST and shall stop work no later than 6:00 PM CST. The Contractor’s 5 work days / 40 hour work week shall be Monday through Friday, ex-cluding Federal Holidays. The Contractor shall not exceed 40 normal duty hours per week. If the Contractor wishes to work during periods other than above or in excess of 40 hours per week then additional Government inspection forces will be required. The Contractor shall notify in writing the Contracting Officer and the Con-tracting Officer’s Representative (COR) 5 days in advance of the desire to work during other periods to allow assignment of additional Government inspection forces when the Contracting Officer determines that the addi-tional Government inspection forces is reasonably available. If such forces are reasonable available, the Con-tracting Officer may authorize the Contractor to perform work during period other than noted normal duty hours/days or in excess of 40 normal duty hours per week; however, if Government inspector forces are re-quired to perform in excess of their normal 8 work hours / 5 work days, the actual cost of the overtime incep-tions at overtime rates will be charged to the Contractor and will be deducted from the “Final” payment of the contract amount. The estimated Government Inspector overtime rate is $108.00.

2014 Holiday Schedule

DATE HOLIDAY

Wednesday, January 1 New Year’s Day Monday, January 20 Birthday of Martin Luther King, Jr.

Monday, February 17 * Washington’s Birthday Monday, May 26 Memorial Day Friday, July 4 Independence Day Monday, September 1 Labor Day Monday, October 13 Columbus Day Tuesday, November 11 Veterans Day Thursday, November 27 Thanksgiving Day Thursday, December 25 Christmas Day

*This holiday is designated as "Washington’s Birthday" in section 6103(a) of title 5 of the United States Code, which is the law that specifies holidays for Federal employees. Though other institutions such as state and local governments and private businesses may use other names, it is our policy to always refer to holidays by the names designated in the law.

2015 Holiday Schedule

DATE HOLIDAY

Thursday, January 1 New Year’s Day Monday, January 19 Birthday of Martin Luther King, Jr.

Monday, February 16* Washington’s Birthday Monday, May 25 Memorial Day Friday, July 3** Independence Day Monday, September 7 Labor Day Monday, October 12 Columbus Day Wednesday, November 11 Veterans Day Thursday, November 26 Thanksgiving Day Friday, December 25 Christmas Day

*This holiday is designated as "Washington’s Birthday" in section 6103(a) of title 5 of the United States Code, which is the law that specifies holidays for Federal employees. Though other institutions such as state and local governments and private businesses may use other names, it is our policy to always refer to holidays by the names designated in the law.

** July 4, 2015 (the legal public holiday for Independence Day), falls on a Saturday. For most Federal employ-ees, Friday, July 3, will be treated as a holiday for pay and leave purposes. (See 5 U.S.C. 6103(b).)

2016 Holiday Schedule

DATE HOLIDAY

Friday, January 1 New Year’s Day Monday, January 18 Birthday of Martin Luther King, Jr.

Monday, February 15* Washington’s Birthday Monday, May 30 Memorial Day Monday, July 4 Independence Day Monday, September 5 Labor Day Monday, October 10 Columbus Day Friday, November 11 Veterans Day Thursday, November 24 Thanksgiving Day Monday, December 26** Christmas Day

*This holiday is designated as "Washington’s Birthday" in section 6103(a) of title 5 of the United States Code, which is the law that specifies holidays for Federal employees. Though other institutions such as state and local governments and private businesses may use other names, it is our policy to always refer to holidays by the names designated in the law.

** December 25, 2016 (the legal public holiday for Christmas Day), falls on a Sunday. For most Federal em-ployees, Monday, December 26, will be treated as a holiday for pay and leave purposes. (See section 3(a) of Ex-ecutive order 11582, February 11, 1971.)

H.12 Utility and Telephone Services - IBWC (May 2009)

The U.S. Section, International Boundary and Water Commission will not provide utility (water, internet, 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 con-nections and distribution lines, and he shall remove the same prior to final acceptance of the work by the Gov-ernment.

H.13 Administration of Default (Fixed-Price Construction) -- IBWC (Dec 2013)

(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 exten-sion in contract time. Climatological records for the rehabilitation of the Progreso Levee within the Lower Rio Grande in Hidalgo and Cameron Counties, Texas , are available for the Contractor's information at the Interna-tional Boundary and Water Commission, Headquarters. The Government shall not be responsible for any inter-pretation 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 ex-amine these records each month and determine whether the Contractor is entitled to a time extension. Adverse weather must prevent work for 50% or more of the Contractor's work during any workday and delay work crit-ical to the timely completion of the project. The COR will convert any workday delays meeting the above re-quirements to calendar days and the CO will issue a modification in accordance with Contract Clause 52.249-10, entitled Default (Fixed-Price Construction).

H.14 Time Extensions for Unusually Severe Weather -- IBWC (Dec 2013)

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

Monthly Anticipated Adverse Weather Calendar Days Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual

4 3 2 2 2 3 8 8 5 4 3 4 48

(b) Determination:

(1) The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the notice to proceed and continuing throughout the contract on a monthly basis, actual adverse weather days will be recorded on a calendar day basis (including weekends and holidays) and compared to the monthly anticipated weather in subparagraph (a) above. For pur-poses of subparagraph (b), the term actual adverse weather days shall include days impacted 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 examine any subsequently occurring adverse weather days to de-termine whether a Contractor is entitled to a time extension. These subsequently occurring adverse weather days must prevent work for 50 percent or more of the Contractor's work day and delay work critical to the timely completion of the project. The Contracting Officer will convert any delays to meeting the above require-ments to calendar days and issue a modification in accordance with the Contract Clause, 52.249-10, Default (Fixed-Price Construction).

(c) The Contractor's schedule must reflect the above anticipated adverse weather delays on all weather depend-ent activities

H.15 Change Orders and Contract Modifications: Limitations on Markups -- IBWC (May 2009)

(a) In the event the Government elects to direct a change order or enter into a contract modification that in-creases 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 $100,000.00 (Exclusive of Mark ups)

(1) No subcontractor, vendor or material man, at any level, shall apply markups in excess of 10% over-head and 10% profit on additional contract scope, added by change order or modification, in which all, or sub-stantially all, of the physical work is performed by a lower tier subcontractor subject to the restrictions de-scribed below.

(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…