RFP_IBM15R0005.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IBM15R0005 SEALED BID (IFB)

X NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

07/15/2015

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

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

Lanisa McCollum

b. TELEPHONE NO. (Include area code)(NO COLLECT CALLS) c. EMAIL lanisa.mccollum@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)

The Contractor shall furnish all labor, material, and equipment necessary to complete the design and build of the New Falcon Dam Administration Building in Starr County, TX.

This is a 100% SMALL BUSINESS SET-ASIDE.

This is a FIXED PRICE CONTRACT.

The estimated magnitude of this project is between $1,000,000 to $5,000,000.

The applicable NAICS CODE is 236220; Commercial and Institutional Building Construction.

Offerors shall submit their PROPOSALS in accordance with the information contained in this REQUEST FOR PROPOSAL. Reference Subsection L.02 for PROPOSAL submission.

11. The Contractor shall begin performance within ___10___ calendar days and complete it within ___400___ calendar days after receiving award, X notice to proceed. This performance period is X mandatory negotiable. ( (See _Section F.02_.)

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 __5__ copies to perform the work required are due at the place specified in item 8 by __13:00:00__ (hour) local time __08/14/2015 __ (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)

IBM15R0005

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) Laura A. Baker

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 G Contract Administration Data

G.2 Designation of Contracting Officer/Contract Specialist - IBWC (Mar 2010) G.3 Contracting Officer's Representative -- IBWC (May 2009) G.5 Notification to the Government of delays

H Special Contract Requirements H.01 Performance and Payment Bonds H.1 52.236-04 Physical Data (Apr 1984) H.10 Equipment Ownership and Operating Expense Schedule -- IBWC (May 2009) H.11 Cultural Resources -- IBWC (May 2009) H.12 Work Schedule -- IBWC (Apr 2015) H.13 Utility and Telephone/Telecommunication Services - IBWC (Aug 2013) H.14 Administration of Default (Fixed-Price Construction) -- IBWC (May 2009) H.15 Time Extensions for Unusually Severe Weather -- IBWC (Jul 2010) H.16 Change Orders and Contract Modifications: Limitations on Markups -- IBWC (May 2009) H.17 DESIGN-BUILD CONTRACT - ORDER OF PRECEDENCE -- IBWC (Aug 2011) H.19 Contract Close-out Procedures Construction Management H.20 Wage Determination H.21 Damage from the elements- diversion of water H.22 Partnering Initiative H.3 Compensation and Liability Insurance -- IBWC (Mar 2010) H.4 Builders Risk Insurance -- IBWC (May 2009) H.5 Brand Name or Equal - IBWC (AUG 2011) H.6 Technical Data Submittal Requirements -- IBWC (AUG 2011) H.7 Accident Prevention and PrePlanning (May 2009) H.8 Construction Program -- IBWC (May 2009) H.9 Construction Safety Standards -- IBWC (Apr 2015)

I Contract Clauses 52.202-1 Definitions (Jan 2012) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (Apr 1984) 52.203-7 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) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-10 Reporting Executive Compensation and First-tier Subcontract Awards (FEB 2012) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) 52.215-2 Audit and Records--Negotiation (Oct 2010) 52.219-8 Utilization of Small Business Concerns (Jan 2011) 52.219-14 Limitations on Subcontracting (Nov 2011) 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) 52.222-50 Combating Trafficking in Persons (Feb 2009) 52.222-54 Employment Eligibility Verification (Jan 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (May 2012) 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) 52.225-13 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 (Apr 2003) 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) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management (Jul 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) 52.236-5 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) 52.236-15 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) 52.246-21 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) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.204-13 System for Award Management Maintenance (JUL 2013) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011) 52.227-17 Rights in Data - Special Works (Dec 2007) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.253-1 Computer Generated Forms (Jan 1991)

52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984) 52.246-23 Limitation of Liability (Feb 1997) 52.232-27 Prompt Payment for Construction Contracts (May 2014) 52.225-9 Buy American Act--Construction Materials (Sep 2010) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.204-7 System for Award Manangement (Jul 2013)

J List of Attachments K Representations, Certifications, and Other Statements of Offerors or Respondents

52.236-28 Preparation of Proposals - Construction (Oct 1997) 52.204-8 Annual Representations and Certifications (May 2012) 52.209-7 Information Regarding Responsibility Matters (Jul 2013)

L Instructions, Conditions, and Notices to Offerors and Respondents 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) 52.215-1 Instructions to Offerors - Competitive Acquisition (Jan 2004) 52.233-2 Service of Protest (Sept 2006) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) L.02 Proposal Submission L.01 Pre-Proposal Conference and Site Visit L.05 Contractor's Contract Administration L.06 Availability of Forms

M Evaluation Factors for Award M.01 Basis for Award 52.225-10 Alt I Notice of Buy American Requirement - Construction Materials (May 2014) - Alternate I (May 2014)

001 001: Design & Build the new Falcon Admin Build, to include demolition of existing Facilities

1.00 LS

Doc Ref No: 5309S4061003 Delivery Date FOB:

Destination

002 002: No Cost Receiving Lines 30.00 EA Doc Ref No: 5309S4061003

Delivery Date FOB:

Destination

IBM15R0005

Line Item Summary

Solicitation Number:

IBM15R0005

Contract Number: Title: Design and Build New Falcon Dam Admin Building

Date of Solicitation:

07/15/2015

Line Item No. Description Quantity Unit Unit Price Total Cost

Section G- Contract Administration Data

G.2 Designation of Contracting Officer/Contract Specialist - IBWC (Mar 2010)

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

Name: Laura A. Baker, Contracting Officer Address: International Boundary & Water Commission, United States & Mexico (USIBWC) 4171 N Mesa, Suite C-100 El Paso, TX 79902-1441

Telephone: (915) 832-4119 Fax: (915) 206-2356 e-Mail: laura.baker@ibwc.gov

Name: Lanisa M. McCollum, Contract Specialist 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) 206-2356 e-Mail: lanisa.mccollum@ibwc.gov

G.3 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 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.5 Notification to the Government of delays

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

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

Section H- Special Contract Requirements

H.01 Performance and Payment Bonds

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

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

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

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

(c) Requirements for execution of surety bonds. Each surety company bond (performance or payment), that purports to have been executed by an agent or attorney in fact for the corporate surety, is required to have submitted with it a power of attorney to the signat-ory agency or attorney in fact, and (1) be executed by the corporate surety upon a date reasonably proximate to the date of the bond, or

(2) the power of attorney shall be accompanied by a certification of the surety to the effect that the power of attorney was in full force and effect upon a date reasonable proximate to the date of the bond.

(d) Individual Sureties.

(1) If individual surety bonds are furnished for payment and performance bonds, the individual sureties must submit with their bonds proof of ownership and value of the assets which they claim in their net worth. The Government's preferred method of proof is to have a statement of net worth prepared by a certified public accountant in accordance with generally accepted accounting prin-ciples. The statement of net worth on the SF 28, Affidavit of Individual Surety is not in itself sufficient and will not be accepted ab-sent 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, email address, and telephone number of the involved contracting officer.

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

H.1 52.236-04 Physical Data (Apr 1984)

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

(a) A geotechnical report was prepared November 30, 2011. This report is available for reference. The Design- Builder is responsible for any assumptions made using this report and is responsible for any additional geotech-nical studies required to complete this project.

(b) Weather conditions as attached in "Weather Records and Reporting" in Section J.

(c) Transportation facilities: Site is 3.75 miles off of US83. Zapata, TX is 30 miles to the northwest while Rio Grande City is 28 miles to the southeast. Interstate access is available in Laredo, TX 84 miles to the northwest or in McAllen, TX 72 miles to the south-east.

H.10 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://140.194.76.129/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 schedule in effect at the time of negotiations shall apply. For retro-spective 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) and 31.205-36, substantiated by certified cop-ies of paid invoices. Rates for equipment rented from an organization under common control, lease purchase or sale leaseback ar-rangements 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 over-haul are unallowable.

H.11 Cultural Resources -- IBWC (May 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 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 loca-tion 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 compensa-tion for the Contractor’s actual loss in accordance with the following:

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

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

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

Compensation for actual loss due to idle time of either equipment or labor shall not include markup for profit.

The hours for which compensation will be paid will be the actual normal working time during which such delay condition exists, but will in no case exceed eight hours in any one day.

The days for which compensation will be paid shall be full or partial calendar days, excluding Saturdays, Sundays, and legal 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.12 Work Schedule -- IBWC (Apr 2015)

Normal working hours for the Contractor shall not be earlier than 6:00am nor later than 5:30pm., Monday through Friday, excluding Federal Holidays. The Contractor shall not exceed 40 hours per week for normal working hours. If the Contractor wishes to work during periods other than that above or in excess of 40 hours per week, additional Government inspection forces will be required. The Contractor shall notify the Contract-ing Officer’s Representative (COR) three (3) working days in advance of their desire to work during other peri-ods to allow assignment of additional inspection forces when the Contracting Officer determines that the addi-tional 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 or in excess of 40 hours per week; 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.

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

New Year’s Day, January 1.

Birthday of Martin Luther King, Jr., the third Monday in January.

Washington’s Birthday, the third Monday in February.

Memorial Day, the last Monday in May.

Independence Day, July 4.

Labor Day, the first Monday in September.

Columbus Day, the second Monday in October.

Veterans Day, November 11.

Thanksgiving Day, the fourth Thursday in November.

Christmas Day, December 25.

2015 Holiday Schedule

For Holidays that fall on a Saturday, for Federal employees, the preceding Friday will be treated as a holiday for pay and leave pur-poses (See 5 U.S.C. 6103(b)).

For Holidays that fall on a Sunday, for Federal employees, the following Monday will be treated as a holiday for pay and leave pur-poses (See section 3(a) of Executive order 11582, February 11, 1971).

H.13 Utility and Telephone/Telecommunication Services - IBWC (Aug 2013)

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 Con-tracting Officer, install and maintain all necessary temporary connections and distribution lines, and he shall remove the same prior to final acceptance of the work by the Government.

H.14 Administration of Default (Fixed-Price Construction) -- IBWC (May 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 excess costs for failure to perform, if the subcontracted or purchased supplies or services were ob-tainable from other sources in sufficient time for the Contractor to meet the required delivery schedule or other performance require-ments.

(b) Unusually severe weather, as used in paragraph (b)(1) of the Default (Fixed-Price Construction) clause of this contract means ad-verse weather which at the time of the year in which it occurred, was unusual for the place in which it occurred. No matter how severe or destructive, if the weather is not unusual for the particular time and place, or if a Contractor could have reasonably foreseen it, the Contractor is not entitled to an extension in contract time. Climatological records for the New Falcon Dam Administration Build-ing, Starr County, TX area are available online from the National Weather Service. The Government shall not be responsible for any interpretation or a conclusion drawn from the data or information by the Contractor.

(c) Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, adverse weather will be recorded on a calendar day basis (including weekends and holidays). The COR will examine these records each month and determ-ine whether the Contractor is entitled to a time extension. Adverse weather must prevent work for 50% or more of the Contractor's work during any workday and delay work critical to the timely completion of the project. The COR will convert any workday delays meeting the above requirements to calendar days and issue a modification in accordance with Contract Clause 52.249-10, entitled De-fault (Fixed-Price Construction).

H.15 Time Extensions for Unusually Severe Weather -- IBWC (Jul 2010)

(a) This provision specifies the procedures for the determination of time extensions for unusually severe weather in accordance with the Contract Clause 52.249-10, entitled 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

0 1 0 2 11 10 3 8 11 3 1 0 50

(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 ad-verse weather days will be recorded on a calendar day basis (including weekends and holidays) and compared to the monthly anticip-ated weather in subparagraph (a) above. For purposes of subparagraph (b), the term actual adverse weather days shall include days impacted by actual adverse weather days.

(2) The number of actual adverse weather days shall be calculated chronologically from the first to the last day in each month.

Once the number of actual adverse weather days anticipated in subparagraph (a) above have been incurred, the Contracting Officer will examine any subsequently occurring adverse weather days to determine whether a Contractor is entitled to a time extension.

These subsequently occurring adverse weather days must prevent work for 50 percent or more of the Contractor's work day and delay work critical to the timely completion of the project. These subsequently occurring adverse weather days must fall on a scheduled work day to count towards the entitled time extension. The Contracting Officer will convert any delays to meeting the above require-ments to calendar days and issue a modification in accordance with the Contract Clause, 52.249-10, Default (Fixed-Price Construc-tion).

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

H.16 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 increases the scope of work during the course of performance of this contract, allowances for overhead and fee of higher tier subcontractors and the primel 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% overhead and 10% profit on additional contract scope, added by change order or modification, in which all, or substantially all, of the physical work is performed by a lower tier subcontractor subject to the restrictions described below.

(2) In the event that the physical work arising out of a change order is performed by a subcontractor or vendor that is two or more levels below the general contractor, the sum of all markups for overhead and profit for all subcontractors (regardless of the num-ber of tiers of subcontractors), and the general contractor may not exceed 5% of the price, or adjustment in price, to the lower tier sub-contract under which the physical work was performed. For example, if, as a result of a change order, the contract price of a fifth tier subcontractor is increased by $100,000.00, and the work performed by this fifth tier subcontractor constitutes all or substantially all of the work contemplated by this modification or change order, the resulting increase in the price of the prime contract shall not exceed $105,000.00

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

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

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

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

(c) Changes and modifications from $100,001.00 to $499,999.00 (Exclusive of Mark ups) Modify paragraphs (1) and (2) above as follows:

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

(2) In the event that the physical work arising out of a change order is performed by a subcontractor or vendor that is two or more levels below the general contractor, the sum of all markups for overhead and profit for all subcontractors (regardless of the num-ber of tiers of subcontractors), and the general contractor may not exceed 4% of the price, or adjustment in price, to the lower tier sub-contract under which the physical work was performed. For example, if, as a result of a change order, the contract price of a fifth tier subcontractor is increased by $200,000.00, and work performed by this fifth tier subcontractor constitutes all or substantially all of the work contemplated by this modification or change order, the resulting increase in the price of the prime contract shall not exceed $204,000.00

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

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

(2) In the event that the physical work arising out of a change order is performed by a subcontractor or vendor that is two or more levels below the general contractor, the sum of all markups for overhead and profit for all subcontractors, regardless of how of the number of tiers of subcontractors, and the general contractor may not exceed 10% of the price, or adjustment in price, to the lower tier subcontract under which the physical work was performed. For example, if, as a result of a change order, the contract price of a second tier (i.e. two tiers below the general contractor) subcontractor is increased by $600,000.00, and work performed by this second tier subcontractor constitutes all or substantially all of the work contemplated by this modification or change order, the resulting in-crease in the price of the prime contract shall not exceed $618,000.00.

(3) The 3% total markup limitation described in paragraphs d(1) and d(2a) above shall not apply shall not apply if sixty percent (60%) or more of the cost of the physical work contemplated by a change order or modification is performed by a subcontractor or vendor that is three or more levels below the General Contractor. In this event, the total markup limitation shall not exceed 2%. The limitations on the markup of individual subcontractors, vendors or the general contractor described in paragraph d (1) remains un-changed. For example, if, as a result of a change order, the contract price of a fifth tier subcontractor is increased by $600,000.00, and work performed by this fifth tier subcontractor constitutes sixty percent or more of the work contemplated by this modification or change order, the resulting increase in the price of the prime contract shall not exceed $612,000.00.

(e) Additional Clarification Regarding Multi-Part Changes

In the event that the physical work arising out of a change order or contract modification is performed by two or more firms, the value of the change for the purposes of this provision shall be based on the cumulative value of the physical work performed by all subcontractors and vendors. For example, if as a result of a change order or contract modification, the fourth and fifth tier subcontractors perform work with a negotiated value of eighty thousand dollars ($80,000) and twenty five thousand dollars ($25,000) respectively, the cumulative value of the change is one hundred five thousand dollars ($105,000.00). Therefore, the change falls into the second cat-egory, $100,001.00 to $499,999.00, and the sum of all markups for overhead and profit may not exceed 4% and the resulting increase in the price of the prime contract shall not exceed one hundred twenty six thousand dollars ($105,000 x 1.04).

H.17 DESIGN-BUILD CONTRACT - ORDER OF PRECEDENCE -- IBWC (Aug 2011)

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

(1) Any portions of the proposal or final design that exceeds the requirements of the solicitation,

(a) Any portion of the proposal that exceeds the final design,

(b) Any portion of the final design that exceeds the proposal,

(c) Where portions within either the proposal or the final design conflict, the portion that most exceeds the re-quirement of the solicitation has precedeince.

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

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

(b) Contract Clauses

(c) Special Contract Clauses

(d) Attachments (excluding Concept Drawings)

(e) Attachments (Concept Drawings)

(B) Government review or approval of any portion of the proposal or final design shall not relieve the con-tractor from responsibility for errors or omissions with respect thereto

(END OF CLAUSE)

H.19 Contract Close-out Procedures Construction Management

Close-Out Process

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

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

2) AIA G706 or equivalent to, Contractors Affidavit of Payment of Debts and Claims

3) AIA G706A or equivalent to, contractors Affidavit to Release of Liens

4) IBWC Form 243, Release of Claims

5) IBWC Form 255, Request for Substantial Completion

H.20 Wage Determination

Wage Determination General Decision Number: TX150253, Dated 01/02/2015 is incorporated into this contract for all Davis-Bacon Act covered employees (reference Section J, Identifier 1 - Wage Determination).

H.21 Damage from the elements- diversion of water

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

H.22 Partnering Initiative

Within sixty (60) days of contract award, the construction Contractor shall coordinate and provide for an eight (8) hour Partnering Session with the USIBWC is to be provided at the Contractor’s expense (the Partnering Session may be reduced to four (4) hours at the Contracting Officer's discretion). A proposed Partnering Facilitator will be provided by the Contractor for approval by the Con-tracting Officer at least fifteen (15) days prior to the event. The event shall be held at a mutually agreed upon date and time to be de-termined at the Pre-Construction Meeting after contract award. The maximum attendance, for planning purposes, is 20 individuals (10 USIBWC and 10 Contractors). Should either the USIBWC or the Contractor intend on having less than 10 individuals representing the agency/firm then the other agency/firm will be allotted the absentee slots for its own use and vice versa.

H.3 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 ag-gregate 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 li-ability.

(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 Fin-ancial Responsibility Compulsory Insurance Law of the State in which the project is located requires higher limits, the Automobile Li-ability Insurance Policy shall provide coverage of at least those limits required by State law.

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

Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the re-quired 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 no-tice 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)

(a) The Contractor is responsible for losses suffered prior to Government acceptance of the work. Therefore, the Contractor is re-sponsible 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 con-tract, 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, ef-fective dates and dates of expiration of policies. Such certificates shall also contain substantially the following statement: "The insur-ance 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 Mex-ico, as an additional insured.

H.5 Brand Name or Equal - IBWC (AUG 2011)

(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 solicitation have been identified in the specifications by a “brand name or equal” de-scription, 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 Materi-al and Workmanship). The determination as to equality of a product shall be the responsibility of the Govern-ment and will be based on information furnished during the submittal process.

H.6 Technical Data Submittal Requirements -- IBWC (AUG 2011)

(a) Technical data required to be provided to the government are described in the Scope of Work/Specifications.

(b) If the Contractor fails to provide required technical data within the time(s) specified in this contract, or any extension, such fail-ures 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…