J.06_K-2C_Fence_SOW_For_Information.pdf

CONTRACT NO. W912BV-08-D-2002 DM07

DATE: March 2011

US Army Corps of Engineers ® Albuquerque District

DEPARTMENT OF HOMELAND SECURITY U.S. CUSTOMS

AND BORDER PROTECTION, EL PASO SECTOR

PROJECT MAP ID #: K-2C

SBI #: 2016-3

Construction of Approximately 2,510-FT of Primary Border Barrier Fence Closure with Gates Along the US-IBWC Levee Within the K-2C Fence Alignment, EI Paso County, TX

TASK ORDER CONTRACT AND

SPECIFICATIONS

ero To~erance

REQUEST FOR PROPOSAL

PRIMARY BORDER BARRIER FENCE

Project Map ID#: K-2C SBI Project #: 2016-3

DEPARTMENT OF HOMELAND SECURITY

ELPASOSECTORBORDERPATROL

EL PASO, TEXAS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

Sections

00010 00650 00800

DO 1155 and Price Schedule Wage Rates Special Contract Requirements

DIVISION 01 - GENERAL REQUIREMENTS

Sections

010050 01 31 00 013201 013300 01 3529 014200 014501 01 4501.10 01 5002 015720 015723 01 71 23 01 74 19 01 7802

Appendices

Appendix A AppendixB AppendixC AppendixD AppendixE AppendixF

Task Order Requirements Project Meetings Project Schedule Construction Submittal Procedures Safety and Occupational Health Requirements Sources for Reference Publications USACE Quality Control Quality Control System (QCS) Temporary Construction Facilities Environmental Protection Storm Water Pollution Prevention Measures Survey, Layout, and Other Data Construction and Demolition Waste Management Closeout Submittals

Construction Plans Access Map Technical Specifications Geotechnical Report Environmental Stewardship Plan (Place Holder) Government Furnished Materials Lists

W912BV -08-D-2002

DM07

ORDER FOR SUPPLIES OR SERVICES I PAGE I OF 4

1. CONTRACTIPURCH. ORDER! 2. DELIVERY ORDER! CALL NO. 3. DATE OF ORDER!CALL 4. REQ.I PURCH. REQUEST NO. 5. PRIORITY

AGREEMENT NO. (YYYYMMMDD)

W912BV-08-D-2002 DM07 2011 }tar 02 W81G6910383982

6. ISSUED BY CODE I W912PP 7. ADMINISTERED BY (if other than 6) CODE I BFAO

US ARMY ENGINEER DISTRICT, ALBUQUERQUE BORDER FENCE AREA OFFICE 8. DELIVERY FOB

ATTN: CONTRACTING DIVISION 8037 LOCKHEED

4101 JEFFERSON PLAZA NE EL PASO TX 79925 ~ DESTINATION

ALBUQUERQUE NM 87109-3435 OTHER

(See Schedule if other)

9. CONTRACTOR CODE 15HF30 r4.1i.iVU!:Wl!.:1 l!'VHFACILlTY 10. DELIVER TO FOB POINT BY (Date) II. MARK IF BUSINESS IS

CERRUDO SERVICES, INC. LE1J!JifJ!Jt"lNe, (YYYYMMMDD) §'Mm OFF COU~~ SEE SCHEDULE

NAME 74 DIGITAL DR, SUITE 1 SMAlL

AND NOVATO CA 94949-5742

8'1' t:lZ 6

12. DISCOUNT TERMS DISADVANTAGED

ADDRESS

Net 14 Days WOMEN-OWNED lWiI f'j"n 1'1' 13. MAIL INVOICES TO THE ADDRESS IN BLOCK

I I Ong to Bloc 7 + 1 to Bloc 15

14. SHIP TO CODE IBFAO ISlpAYMENT WILL BE MADE BY CODE 1964145

BORDER FENCE AREA OFFICE

RAY MACIAS

DEPARTMENT OF THE ARMY MARK ALL

8037 LOCKHEED

US ARMY CORPS OF ENGRS FINANCE CENTER PACKAGES AND

EL PASO TX 79925

5722 INTEGRITY DRIVE PAPERS WITH

MILLINGTON TN 38054-5005

IDENTIFICATION

NUMBERS IN

BLOCKS 1 AND 2,

16. DELIVERY/ X This delivery order/call is issued on another Government agency or in accordance with and subject to terms and conditions of above numbered contract.

TYPE CALL

OF PURCHASE Reference your quote dated

[oRDER Furnish the following on terms specified herein. REF: ELP8A·11·R·0001

ACCEPTANCE. THE CONTRACTOR HEREBY ACCEPTS THE OFFER REPRESENTED BY THE NUMBERED PURCHASE ORDER AS IT MAY PREVIOUSLY HAVE BEEN OR IS NOW MODIFIED, SUBJECT TO ALL OF THE TERMS

AND CONDITIONS SET FORTH, AND AGREES TO PERFORM THE SAME.

NAME OF CONTRACTOR SIGNATURE TYPED NAME AND TITLE DATE SIGNED

o If this box is marked, supplier must sign Acceptance and return the following number of copies:

(YYYYMMMDD)

17. ACCOUNTING AND APPROPRIATION DATAl LOCAL USE

See Schedule

IS. ITEM NO. 19. SCHEDULE OF SUPPLIES/ SERVICES 20. QUANTITY

ORDERED/ 21. UNIT 22. UNIT PRICE 23. AMOUNT

ACCEPTED'

SEE SCHEDULE ()".. A

24. UNITED STATES OF AMERICA

~(~~:. * If quantity accepted by the Govemment is same as TEL: 2S. TOTAL $3,577,849.00 qualltity ordered, illdicate by X If differellt, enter actual EMAIL:

' CONT~CTING I ORD~RING OFFIC~'~ 26.

quantity accepted below quantity ordered and encircle. BY: DIFFERENCES

27a. QUANTITY IN COLUMN 20 HAS BEEN

DINSPECTED o RECEIVED o ACCEPTED, AND CONFORMS TO THE

CONTRACT EXCEPT AS NOTED

b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE c. DATE d. PRINTED NAME AND TITLE OF AUTHORIZED

(YYYYMMMDD) GOVERNMENT REPRESENTATIVE

e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 28. SHIP NO. 29. DO VOUCHER NO. 30.

INITIALS

B PARTIAL

32. PAID BY 33. AMOUNT VERIFIED

f. TELEPHONE NUMBER Ig. E-MAIL ADDRESS CORRECT FOR

FINAL

36. I certify this account is correct and proper for payment. 31. PAYMENT 34. CHECK NUMBER

a. DATE SIGNATURE AND TITLE OF CERTIFYING OFFICER § COMPLETE

(YYYYMMMDD) PARTIAL

3S. BILL OF LADING NO.

FINAL

37. RECEIVED AT rs' RECEIVED BY 139. DATE RECEIVED 40. TOTAL 41. SIR ACCOUNT NO. 42. SIR VOUCHER NO.

(YYYYMMMDD) CONTAINERS

DO Form 1155, DEC 2001 PREVIOUS EDITION IS OBSOLETE.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES

K-2C Gap Closure

FFP

QUANTITY UNIT

3,577,849.00 Lump Sum

UNITPRlCE $1.00

The contractor shall furnish all plant, labor, equipment, and supervision necessary for the construction of approximately 2,510-FT of Primary Border Barrier Fence Closure along the US-IBWC Levee within the K-2C Fence Alignment, El Paso County, Texas; K-2C Gap Closure and Gates, in strict accordance with plans and specifications issued on 04 January 2011. Contract line items 0001 through 0006, Base Bid, with amendments 0001 through 0004, dated 05, 19,21, and 21 January 2011, and the contractor's cost proposal dated 25 January 2011, is accepted.

Wage Decision TX100031 03/12/2010 TX31 is applicable to this Task Order

DM07.

Period of performance: All work under this Task Order shall be completed within 120 calendar days after receipt of Notice to Proceed (NTP).

Notice to Proceed shall be issued after receipt of properly prepared Performance and Payment Bonds. Bonds shall be submitted to the Contracting Office within 10 days of this award.

The attached price schedule is hereby incorporated into this Task Order DM07 and will be utilized for payment and verification of quantities.

NOTE:

1. In the event modifications are issued on this Task Order, you are responsible for increasing bonding capacity and providing verification of increase to this office.

2. In accordance with FAR 52.222-24 NOTICE OF REQUIREMENT FOR

AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION (FEB 1999) - The covered area for this Task Order is El Paso County, Texas. Goals for minority participation for each trade are 49.0%.

FOB: Destination

PURCHASE REQUEST NUMBER: W81G6910383982

ACRN AA

CIN:W81G69103839820001

NETAMT

W912BV-08-D-2002

DM07

AMOUNT

$3,577,849.00

$3,577,849.00

$3,577,849.00

Section G - Contract Administration Data

ACCOUNTING AND APPROPRIATION DATA

AA: 96 na x 3122.0000 14 x 082454099993962913230 2397jg na 2397jg

AMOUNT: $3,577,849.00

eIN W8IG69103839820000: $842,640.00 eIN W81G69103839820001: $1,930,843.49 eIN W8IG69103839820003: $542,458.01 eIN W8IG69103839820004: $187,510.50 eIN W8IG69103839820005: $49,397.00 eIN W8IG69103839820006: $25,000.00

W912BV -08-D-2002

DM07

Item

PRICE SCHEDULE

PRTMARY BORDER BARRIER FENCE

Project Map ID#: K·2C

EL PASO, TEXAS

DEPARTMENT OF HOMELAND SECURITY

Description

ELPASO COUNTY, TEXAS

Estimated Quantity

Unit Unit Price

0001 Installation of Approximately 2,SlO-LF of Prim my Border Barrier Fence with gates including All Components Necessaty to Complete the Installation and Construction as Outlined in this Request For Proposal, Including all Materials, Labor and Equipment.

J/ 5/13) 7 , , . I 7

LS $ __

0002 Costs Associated with Temporary Construction Facilities as described in this Request For Proposal

0003 Monitors as described within this Request for Proposal

0004 Final As-built drawings

0005 Operation and Maintenance Manuals

0006 Bond Premium, and all other work not separately listed

LS=Lump Sum

LS ***

LS ***

LS ***

LS ***

LS ***

W912BV-08-D-2002

DM07

ELPSA-ll-R-OOOI

Estimated Amount

$ 3 J 3 83) '4 ,. '1

$ 30,599.19

$103,028.00

$14,201.25

$ 5,762,56

$40,308.83

Section 00650 - WAGE DETERMINATION

ELP8A-11-R-0001

Amendment No. 0001

General Decision Number: TX100031 03/12/2010 TX31

Superseded General Decision Number: TX20080031

State: Texas

Construction Type: Highway

County: El Paso County in Texas.

Highway Construction Projects

Modification Number o

Publication Date 03/12/2010

* SUTX2004-002 11/09/2004

Asphalt Distributor Operator ... $ Asphalt paving machine operator$ Asphalt Raker ............... ... $ Bulldozer operator ....... .... $ Carpenter ...................... $ Concrete Finisher, Paving ...... $ Concrete Finisher, Structures .. $ Concrete Paving Finishing Machine Operator ............... $ Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator ..... " .................. $ Electrician .................... $ Form Builder/Setter, Structures$ Front End Loader Operator ...... $ Laborer, common ................ $ Laborer, Utility ............... $ Mechanic .................... '" $ Motor Grader Operator Fine Grade .......................... $ Motor Grader Operator, Rough ... $ Pipe layer ..................... $ Reinforcing Steel Setter ....... $ Roller Operator, Pneumatic, Self-Propelled .. ............... $ Roller Operator, Steel Wheel, Flat Wheel/Tamping ........ ..... $ Roller Operator, Steel Wheel, Plant Mix Pavement .. '" ........ $ Scraper Operator . .............. $ Servicer ....................... $ Truck driver, Single Axle, Heavy ............... '" ........ $ Truck driver, Single Axle, Light .......................... $

Rates

8.53 11.41

8.74 10.22

9.78 9.30 9.60

10.22

11.12 17.01

9.22 9.38 8.00 9.58

12.02

14 .18 15.00

9.83 9.68

8.50

8.09

9.16 8.00 9.88

8.72

9.56

SECTION 00650 - PAGE 1

Fringes

0.00 0.00 0.00 0.00 0.00 0.00 0.00

0.00

0.00 0.00 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00

0.00

0.00

0.00 0.00 0.00

0.00

0.00

Truck Driver, Tandem Axle, Semi .......................... $ 9.32 Welder ......................... $ 11.00

ELP8A-ll-R-0001 Amendment No. 0001

0.00 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

SECTION 00650 - PAGE 2

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

ELP8A-ll-R-0001 Amendment No. 0001

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.s. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

SECTION 00650 - PAGE 3

ELP8A-II-R-0001

SECTION 00800

SPECIAL CONTRACT REQUIREMENTS

52.215-8 ORDER OF PRECEDENCE-UNIFORM CONTRACT FORMAT (OCT 1997)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

52.211-12 -- LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000)

52.211-18 -- VARIATION IN ESTIMATED QUANTITY (APR 1984)

52.217-5 - EVALUATION OF OPTIONS (JUL 1990)

52.217-7-0PTION FOR INCREASED QUANTITY-SEPARATELY PRICED LINE ITEM (MAR 1989)

EFARS 52.001-4001 CONTRACT ADMINISTRATION DATA

52.222-54 EMPLOYMENT, ELIGIBILITY, VERIFICATION (JAN 2009).

(EXECUTIVE ORDER 12989).

52.228-14 IRREVOCABLE LETTER OF CREDIT (DEC 1999)

52.236-4 PHYSICAL DATA (APR 1984)

52.245-1 GOVERNMENT PROPERTY

EFARS 52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS (DEC 1995)

EFARS 15.404-73-100 ALTERNATE STRUCTURED APPROACH FOR CONSTRUCTION CONTRACTS

(MAY 1995)

62.211 4863 (M}..Y 1993) MINIMUM INSURANCE REQUIRED

DFARS 252.236-7001 GOVERNMENT-FURNISHED RFP DRAWINGS, SURVEYS AND SPECIFICATIONS (AUG 2000)

ER 415-1-15 (OCT 1989) TIME EXTENSIONS FOR UNSUALLY SEVERE WEATHER

62.228 4692 (MAY 1993) MINIMUM INSURANCE REQUIRED

GENERAL SAFETY REQUIREMENTS

PERMITS

SPECIAL CONSTRUCTION PROCEDURES

SECURITY REQUIREMENTS

SCR 2 KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS -

AUG 1997

SCR 5. WARRANTY OF CONSTRUCTION WORK - AUG 1997

SCR 13. GFM PROCEDURES

SECTION 00800 - PAGE 1

ELPSA-11-R-0001

52.215-8 ORDER OF PRECEDENCE-UNIFORM CONTRACT FORMAT (OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence to the following items in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 Calendar days from NTP. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

a. If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,918.31 for each calendar day of delay until the work is completed or accepted.

b. If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.001-4001 CONTRACT ADMINISTRATION DATA

The Contract Administration Office for the task order subsequent to award is:

Mail invoices to:

U.S. Army Corps of Engineers, Albuquerque District Border Fence Area Office Room 203, Box #3 S037 Lockheed Ave.

EI Paso, TX 79925

U.S. Army Corps of Engineers, Albuquerque District Border Fence Area Office Room 203, Box #3 S037 Lockheed Ave.

EI Paso, TX 79925

SECTION OOSOO - PAGE 2

Payment will be made by:

(End of clause)

USACE Finance Center

ATTN: CEFC-AO-P

5722 Integrity Drive Millington, TN 38054-5000

52.228-14 IRREVOCABLE LETTER OF CREDIT (DEC 1999)

ELP8A-I1-R-OOOl

a. "Irrevocable letter of credit" (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.

b. If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

c. The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) ofthis clause, and--

(1) Ifused as a bid guarantee, the ILC shall expire no earlier than 60 days after the close ofthe bid acceptance period;

(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be:

(a) For contracts subject to the Miller Act, the later of--

One year following the expected date of final payment;

(b) For performance bonds only, until completion of any warranty period; or

(c) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following final payment.

(d) For contracts not subject to the Miller Act, the later of--

90 days following final payment; or

( e) For performance bonds only, until completion of any warranty period.

(f) Only federally insured fmancial institutions rated investment grade or higher shall issue or confirm the ILC.

The offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institution has the required rating(s) as of the date of issuance of the ILC. Unless the financial institution issuing the ILC had letter of credit business ofless than $25 million in the past year, ILCs over $5 million must be confirmed by another acceptable financial institution that had letter of credit business ofless than $25 million in the past year.

SECTION 00800 - PAGE 3

ELP8A-ll-R-000I

(g) The following fonnat shall be used by the issuing financial institution to create an ILC:

[Issuing Financial Institution's Letterhead or Name and Address]

Issue Date ____ _

IRREVOCABLE LETTER OF CREDIT NO. ___ _

Account party's name ____________ _

Account party's address ___________ _

For Solicitation No. _______ (for reference only)

TO: [U.S. Government agency]

[U.S. Government agency's address]

1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States $ . This Letter of Credit is payable at [issuing financial institution's and, if any, confinning financial institution's] office at [issuing financial institution's address and, if any, confinning financial institution's address] and expires with our close of business on ,or any automatically extended expiration date.

2. We hereby undertake to honor your or the transferee's sight draft(s) drawn on the issuing or, if any, the confrrming financial institution, for all or any part of this credit if presented with this Letter of Credit and confrrmation, ifany, at the office specified in paragraph 1 ofthis Letter of Credit on or before the expiration date or any automatically extended expiration date.

3. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition ofthis Letter of Credit that it is deemed to be automatically extended without amendment for one year from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notifY you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter of Credit renewed for any such additional period. At the time we notifY you, we also agree to notifY the account party (and confrrming financial institution, if any) by the same means of delivery.

4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment shall be only at the written direction ofthe Government (the beneficiary) in a fonn satisfactory to the issuing financial institution and the confrrming financial institution, if any.

5. This Letter of Credit is subject to the Unifonn Customs and Practice (UCP) for Documentary Credits, 1993 Revision, International Chamber of Commerce Publication No. 500, and to the extent not inconsistent therewith, to the laws of

_-:---:-~_____ [state of confinning financial institution, if any, otherwise state of issuing fmancial institution].

6. Ifthis credit expires during an interruption of business of this fmancial institution as described in Article 17 of the UCP, the financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after the resumption of our business.

SECTION 00800 -PAGE 4

ELPSA-ll-R-OOOI

Sincerely, [Issuing financial institution]

(h) The following format shall be used by the financial institution to confirm an ILC:

[Confirming Financial Institution's Letterhead or Name and Address]

(Date) ______ _

Our Letter of Credit Advice Number _______ _

Beneficiary: ______ [U.S. Government agency]

Issuing Financial Institution: _________ _

Issuing Financial Institution's LC No.: ______ _

Gentlemen:

1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by ____ -:- [name of issuing fmancial institution] for drawings of up to United States dollars IU.S. $ and expiring with our close of business on [the expiration date], or any automatically extended expiration date.

2. Draft(s) drawn under the Letter of Credit and this Confirmation are payable at our office located at

3. We hereby undertake to honor sight draft(s) drawn under and presented with the Letter of Credit and this Confirmation at our offices as specified herein.

4. [This paragraph is omitted ifused as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition ofthis confirmation that it be deemed automatically extended without amendment for one year from the expiration date hereof, or any automatically extended expiration date, unless:

a. At least 60 days prior to any such expiration date, we shall notify the Contracting Officer, or the transferee and the issuing financial institution, by registered mail or other receipted means of delivery, that we elect not to consider this confirmation extended for any such additional period; or

b. The issuing financial institution shall have exercised its right to notify you or the transferee, the account party, and ourselves, of its election not to extend the expiration date of the Letter of Credit.

5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, 1993 Revision, International Chamber of Commerce Publication No. 500, and to the extent not inconsistent therewith, to the laws of [state of confirming financial institution].

6. Ifthis confirmation expires during an interruption of business ofthis financial institution as described in Article 17 ofthe UCP, we specifically agree to effect payment if this credit is drawn against within 30 days after the resumption of our business.

SECTION OOSOO - PAGE 5

ELPSA-ll-R-0001

Sincerely, [Confirming financial institution]

(i.) The following format shall be used by the Contracting Officer for a sight draft to draw on the Letter of Credit:

SIGHT DRAFT

[City, State]

(Date) _______ _

[Name and address offmancial institution]

Pay to the order of [Beneficiary Agency] _____ the sum of United States $ ____ _ This draft is drawn under Irrevocable Letter of Credit No. __________________ '

[Beneficiary Agency]

By: ______ _

(End of clause)

52.236-4 PHYSICAL DATA (APR 1984)

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

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by survey and core borings

(b) Weather conditions are identified in clause ER 415-1-15 (Oct 9S) Time Extension for unusually severe weather.

The anticipated weather delay information is obtained from the National Oceanic and Atmospheric Organization via the following web site: http://www.ncdc.noaa.gov/oa/climate/online/ccd/prcpdays.html

(c) Transportation facilities: see project plans in this RFP.

(d) Not applicable

(End of clause)

52.249-5000 (DEC 1995) BASIS FOR SETTLEMENT OF PROPOSALS

Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under FAR 49.206-2(b). In evaluating a termination settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:

SECTION OOSOO - PAGE 6

ELP8A-11-R-0001, AMEND 5

a. Actual costs for each piece of equipment or groups of similar serial or series equipment need not be available in the Contractor's accounting records to determine total actual equipment costs.

b. If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

c. Recordedjob costs adjusted for unallowable expenses will be used to determine equipment-operating expenses.

d. Ownership costs (depreciation) will be determined using the Contractor's depreciation schedule (subject to the provisions of FAR 31.205-11).

e. License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the Contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

(End of clause)

52.211 4853(APR 1992) :WORK DAYS AND HOURS

The ltoffil:al workaays alta hotifs fer this flrejeet v!'ill ae MOflaay tlwo\:lgh Friaay, e~felU(4iltg feaeral holiaays, Hom 5am 7flm. Assess to the worle site may ae restrietea to these hOl:lfs aHa aays. Work Eitififlg other than ltofmal ROtifS aHa aays ffl\:lst ae eoorai-Ratea ilt aEi-¥aHee witR tRe Aamiflistrative Cotttraetiltg Offieer.

EFARS 15.404-73-100 ALTERNATE STRUCTURED APPROACH FOR CONSTRUCTION CONTRACTS. (MAY 1995)

(a) The following alternate structured approach shall be used for all fixed-price construction contract actions.

F or cost reimbursement contracts, the weighted guidelines method described at DF ARS 215.404-71 shall be used.

Factor Rate Weight Value Degree of risk 20% Relative difficulty of work 15%

Size ofiob 15% Period of Performance 15% Contractor's investment 5% Assistance by Government 5% Subcontracting 25%

Total 100%

(b) Based on the circumstances of the procurement action, each of the above factors shall be weighted from .03 to .12 as indicated below. "Value" shall be obtained by multiplying the rate by the weight. The Value column when totaled indicates the fair and reasonable profit percentage under the circumstances ofthe particular procurement.

1) Degree of risk. Where the work involves no risk or the degree of risk is very small, the weighting should be .03; as the degree of risk increases, the weighting should be increased up to a maximum of .12. Lump sum items shall generally have a higher weight than unit price items. Consider the nature of the work and where it is to be performed. Also consider the portion of the work to be done by subcontractors, amount and type oflabor included in costs and whether the negotiation is before or after performance of the work. Modifications settled before the fact have much greater risk than those settled after the fact. A weight of .03 is appropriate for after the fact equitable adjustments and/or settlements.

2) Relative Difficulty of Work. If the work is difficult and complex, the weight should be .12 and should be proportionately reduced to .03 on the simplest jobs. This factor is tied in to some extent with the degree of risk. Other things to consider are the nature of the work, by whom it is to be done (i.e., subcontractors, consultants), etc.

3) Size of Job. Work of$100,000 shall be weighted at .12. Work estimated between $100,000and $5,000,000 shall be proportionately weighted from .12 to .05. Work from $5,000,000 to

SECTION 00800 - PAGE 7

ELP8A-II-R-000I

$10,000,000 shall be weighted at .04. Work in excess of $10,000,000 shall be weighted at .03. It should be noted that control of fixed expenses generally improves with increased job magnitude.

4) Period of Performance. Work not to exceed 1 month is to be proportionately weighted at .03.

Durations between 1 and 24 months are to be proportionately weighted between .03 and .12.

Work in excess of24 months is to be weighted at .12.

5) Contractor's Investment. To be weighted from .03 to .12 on the basis of below average, average and above average. Consider the amount of subcontracting, Government-furnished property or data such as surveys, method of making progress payments, and any mobilization payment items.

6) Assistance by Government. To be weighted from .12 to .03 on the basis of average to above average. Consider the use of Government-owned property, equipment and facilities, expediting assistance, etc.

7) Subcontracting. To be weighed inversely proportional to the amount of subcontracting. Where 80% or more of the work is to be subcontracted us .03. The weighting should be increased proportionately to .12 where all the work is performed by the contactor's own forces.

(End of clause)

DFARS 252.236-7001 GOVERNMENT-FURNISHED RFP DRAWINGS, SURVEYS AND SPECIFICATIONS (AUG 2000)

a. The Contractor shall

(1) Check all Government-furnished drawings and surveys immediately upon receipt;

(2) Compare all drawings and surveys and verifY the figures before laying out the work;

(3) Promptly notifY the Contracting Officer of any discrepancies; and

(4) Be responsible for any errors which might have been avoided by complying with this paragraph.

b. Large scale drawings shall, in general, govern small scale drawings. Figures marked on drawings shall, in general, be followed in preference to scale measurements.

c. Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent ofthe drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work, but shall be performed as iffully and correctly set forth and described in the drawings and specifications.

ER 415-1-15 TIME EXTENSION FOR UNUSUALLY SEVERE WEATHER (OCT 1989)

This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the Contract Clause entitled "DEFAULT (FIXED PRICE CONSTRUCTION)". In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe that the adverse weather anticipated for the project location during any given month.

The unusually severe weather must actually cause a delay to the completion ofthe project. The delay must be beyond the control and without the fault of negligence of the Contractor.

a. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time extensions. The contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

Monthly Anticipated Adverse Weather Delay Work Days Based on 7 Day Work Week

SECTION 00800 - PAGE 8

ELP8A-ll-R-0001, AMEND 5

b. Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record 0 the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day.

c. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in pervious month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph (b), above, the Contracting Officer will convert any qualifYing delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled "Default (Fixed Price Construction)".

52.228 4592 (MAY 1993) MINIMUM IN8URl..NCE REQUIRED

The eaHffaet sta1:lss, FAR 52.228 5, aflfllies ta this saHtraet S'leR if the WaH( ar aRY flartiaH afthe WaH( is Het flerrofffied 8ft a Ga'lernmem iHstaliatiaR. IR oooardaRoe with FAc..~ 52.228 5 aRd FAR 28.307 2, the oaHtraoter shall preOUfe aHd thereafter maiHtaifl cffiring the emire fleried efthis flerforffiaRSe tmder this semmot the folle'i'/ing miHim1:lffi iHS1:ll'aROe.

-1¥PEAM eUNT Cemp~' with Federal aRa State 'i,.'sHEer's esl'Rfl aRd

Wed,er's Cel'RfleHsatioH and Employer's Liaeility oeeupatioflal diseass staMes. Employer' S lial9ility Of at least $HlO,OOO Bodily iflj1:ll:)' lial9ility sf at least $500,000 fler

GeHeral bial9ilit~i ECaffiflreheHsive~ Oee1:lffOHoe.

At least $200,000 flor flefSOfl ana $500,000 por Alftoffioeile bial9ility ECempreheHsh'e~:

oeOUffOHeo n _ T • 0 .'"' A" - "',..,,, "'111 , bOHgshorsffiOH's aHd Hamer "lollcer's CompeHsatieH Ce'lerago oemplyiHg with aflfllieal91e Feaeral StaMe (33 In n _.1' • . ~ -~. rmanee) T TC'r'CI{) 1 ~\

GENERAL SAFETY REQUIREMENTS:

a. General:

The Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, and the Occupational Safety and Health Act (OSHA) Standards for Construction (Title 29, Code of Federal Regulations Part 1926 as revised from time to time); General Industry Standards (Title 29, Code of Federal Regulations Part 1910 as revised from time to time); and the National Fire Protection Association Codes are applicable to this contract. In case of conflict the most stringent requirement of the standards is applicable.

b. Accident Reporting:

In addition to the requirements for reporting accidents in accordance with EM 385-1-1, Section 1, the Prime Contractor will submit at 50 and 100% ofproject completion, a written summary of worker's compensation claims filed by workers on the project. The report will include all subcontractors. The main report covering the Prime Contractor claims will be certified as "correct and true" by the Contractor's compensation insurance carrier. The same certification will be required for subcontractor reports.

c. Recordkeeping/Reporting Requirements:

SECTION 00800 - PAGE 9

ELP8A-II-R-0001

On all contract operations, the Prime Contractor shall be responsible for recording and reporting all accident exposure and experience incident work. (This includes exposure and experience of the prime contractor and the sub-contractor[sD. At a minimum, these records shall include exposure work-hours and a log of occupational injuries and illnesses. (OSHA 300 Forms or state equivalent as prescribed by 29 CFR 1904.5) Reference EM 385-1-1,01.D.04.

d. Violations:

If recurring violations and/or gross violation indicate that the safety performance is unsatisfactory, corrective action shall be taken as directed. At the discretion ofthe Contracting Officer the retention or some part thereof will be withheld from the progress payment until corrective action has been completed.

PERMITS:

The Contractor will be required to obtain any and all permits required by local, state, and federal regulating agencies for construction of the fence as outlined in this RFP.

SPECIAL CONSTRUCTION PROCEDURES:

a. Haul Route Cleanup:

The Contractor shall clean, sweep, or pick up, as necessary, mud, rocks, trash, or any other type of debris spilled along haul routes, immediately after passage. Cleanup shall be performed to the satisfaction ofthe Contracting Officer.

b. Site Evacuation

The Contractor may be required to evacuate the site without notice due to the site's proximity to the International Border. The Contracting Officer's Representative or Border will coordinate the Evacuations when required.

SECURITY REQUIREMENTS:

It shall be the contractor's responsibility to furnish their own security for personnel and to safeguard their equipment during the entire project lifecycle. This will include but not limited to actual project sites, and/or staging areas and storage facilities. The Customs and Border Patrol will not provide security for the contractor. The Border Patrol agents shall respond to routine security matters/threats if and when they occur. A call in number shall be provided for the USBP to be used in emergency situations. As part of the security requirement, the contractor shall be responsible for the development of a Security Plan in conjunction with the Health and Safety Plan. The detailed Security Plan shall include details such as, but not limited to; "fall back positions", evacuation routines and methods, muster area, medical staff members/availability, number of security personnel, qualifications, years of experience, etc in the event of a hostile attack. This plan shall be reviewed by USACE Safety and Security Officers for inspection and final acceptance prior to activities. The Contractor shall bring three (3) copies of the security plan to the pre-construction conference.

The contractor shall also be responsible for ensure that all employees assigned to the job site(s) shall have a criminal background check performed and properly vetted. These individuals shall be display a company picture ID badges complete with ID numbers and company logos for easy identification by agents from CBP. Furthermore, the contractor shall be responsible for submitting a list of all personnel required at the jobsites for verification by CBP prior to conducting activities. Activities include, but are not limited to; site investigations, surveys, and construction. Any personnel having questionable history/backgrounds shall be rejected and not authorized to enter the jobsite. This list marked "CONFIDENTIAL" shall be submitted to the Contracting Officer for validation purposes.

SECTION 00800 - PAGE 10

ELP8A-ll-R-OOO 1

Personnel entering in or working on Federal property may be screened and checked for criminal history and proper immigration status. To facilitate the screening and checking of each employee entering in or working on Federal property, the General Contractor shall submit:

• The individual's full name

• Company Name

• Date of Birth (DOB)

• Social Security Number

• Driver's Licenses and/or State Identification Number

• Place of Birth (POB)

After submission of requirements stated above, the Contractor shall proceed with all work unless further notified by the Government. The Contractor shall bring three (3) copies of the completed security plan to the pre construction meeting.

Employee Identification Badges: Contractor personnel shall wear visible Contractor-furnished employee identification badges while physically on the construction site. Each badge shall include, as a minimum, the company name, employee name, photograph, Contract Title, Contract Number, and the expiration date of the badge.

See Section 015002 TEMPORARY CONSTRUCTION FACILITIES for additional requirements.

End of Section-

SCR 2 KEY PERSONNNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS

-AUG 1997

In connection with the services covered by this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to the individuals or firms that were specifically identified and agreed to during negotiations. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants.

SCR 5. WARRANTY OF CONSTRUCTION WORK-AUG 1997

a. In addition to any other warranties in this task order, the Contractor warrants, except as provided in paragraph (1) of this clause, that work performed under this task order conforms to the task order requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

b. This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

a. The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to the Government-owned or controlled real or personal property, when the damage is the result of:

(1) The Contractor's failure to conform to task order requirements; or

(2) any defect of equipment, material, or workmanship.

b. The Contractor shall restore any work damaged in fulfilling the terms and conditions ofthis clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

SECTION 00800 - PAGE 11

ELPSA-II-R-OOO 1

c. The Contracting Officer shall notifY the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

d. If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

e. With respect to all warranties, express or implied, from subcontractors, manufacturers, or supplier for work performed and materials furnished under this contract, the Contractor shall:

(1) Obtain all warranties that would be given in normal commercial practice;

(2) require all warranties to be executed, in writing, for the benefit ofthe Government, if directed by the Contracting Officer; and

(3) enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

f. In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

g. Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not liable for the repair of any defects of materials furnished by the Government nor for the repair any damage that results from any defect in Government-furnished material or design.

h. This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

SCR 13 GFM Procedures

1.00 Government Furnished Material

1.1 The Contractor shall use Government Furnished Materials (GFM) for authorized purposes only. All references to dates herein pertain to days of the calendar, rather than days of business operation.

1.2 This project consists of approximately 2,510 linear feet of type PV-2 fence with gates. Steel specification and finish requirements are identified herein. GFM steel will be raw, mill-scale steel. The steel components that are to be Government-furnished material (GFM) for this project, and the estimated quantity of material required are provided in Appendix F.

1.3 As noted in Item 1.2, distribution will be in full bundles only.

1.4 The Contractor shall be responsible for all other materials not listed in Appendix F.

2.00 GFM Availability:

GFM will be available upon Government Notice to Proceed.

3.00 GFM Ordering Process

Not Used.

4.0 Late or Missed Pickup

Not Used.

SECTION00800-PAGE 12

ELP8A-ll-R-OOOl

5.00 Location of the GFM

The GFM allotted for this project is currently located with the Rio Grande Vega within the horizontal limits of the overall project.

6.00 Contractor Taking Possession of GFM

It shall be the Contractor's responsibility to pick up and transport the GFM from the current staging area. While the Government assumes responsibility for ensuring that the GFM satisfies contract specifications, the Contractor shall be responsible for visually inspecting the GFM at the current staging area prior to the materials are loaded onto the Contractor's truck(s), to confirm that the materials are not deformed. Bent, warped, or otherwise deficient materials will be cause for rejection. Upon request to the Contracting Officer, the contractor will be provided Quality Certifications for all material received. The Contractor is considered to take custody of the GFM by signing the Form DD1149 and the Bill of Lading when the GFM is picked up and moved to the project sites or otherwise used for construction ofthe project. The contractor shall be responsible for all of the GFM in its custody. The Contractor shall retain custody of the GFM until one or more of the following occurs;

.. USACE accepts the completed project

.. Excess GFM is properly returned to Government custody

.. Scrap GFM is disposed of properly

7.00 Contractor's GFM Control System

The Contractor shall have in place a system of controls that provide for the care of GFM. Minimum standards for the care of GFM and contractor and subcontractor responsibilities are as follows:

.. GFM shall be properly identified and marked as GFM by the Contractor

.. Movement of GFM shall be coordinated via a system that allows for the chain of custody and location of GFM to be known at all times

.. Subcontractors shall also be accountable for the location and disposition of GFM that has been transferred to their control

.. Commingling of GFM and contractor property will be allowed when necessary for the performance of work associated with this solicitation

.. The contractor shall be able to trace and identify all GFM back to its originating bundle

8.0 Inventory and Reporting

il Inventory The contractor will be required to conduct an inventory ofthe GFM in its possession at the following times:

.. September 30th of each year

.. At the completion of work

.. After the loss, damage, or destruction of GFM

Form DD1662, provided in Appendices, shall be used to submit an inventory to the Contracting Officer within seven (7) days following September 30th of each year, and also at the completion of work. The filing ofF orm DD1662 following the loss, damage, or destruction of GFM shall be at the discretion ofthe Contracting Officer.

9.00 Liability ofGFM

The Contractor shall be responsible for any additional material costs if willful misconduct or a lack of good faith on the part of the Contractor's managerial personnel caused the need for additional materials, in accordance with FAR Clause 52.245-1. In this case, the Contractor shall still be responsible for constructing the fence to the originally identified point of termination, and for executing all tasks according to the established project schedule and at the previously determined contract price.

10.00 Unreasonable Consumption ofGFM

"Consumption" is the process of incorporating material into an end product or otherwise consuming the material in performance of the contract. Unreasonable consumption of GFM is not considered "loss, damage, or destruction" under FAR 45.104. Material consumption will be determined to be unreasonable when it exceeds the amounts

SECTION 00800 - PAGE 13

ELP8A-ll-R-000I supported by Material Request forms and planning documents. In the event of unreasonable consumption, a liability determination will be made by the Contracting Officer.

11.00 Excess Material

11.1 Excess Definition:

.. Structural steel: any virgin material, in whole lengths, remaining at end of a construction process that exceeds 5,000 lbs (total) .. Mesh pieces 3'X3' or larger .. Material will be defined as scrap if less than the above amounts

11.2 Excess Material Transfer

The Contractor shall complete Form DD 1149- Requisition and Invoice/Shipping Document, found in Appendices, to identify the excess GFM that will be delivered to the Government storage site and must submit the form to the Contracting Officer not less than seven (7) days prior to the desired GFM delivery date. The contractor shall also identify the desired delivery date and time. The Government will identify an approved delivery date and time within three (3) days of receipt of the Form DD1149 request. The approved delivery time will be within two (2) days of the Contractor's desired delivery date and time. The excess material list shall identify the number, type, and size of units being delivered to the storage site. The Contractor shall be responsible for unloading the GFM and arranging it in an orderly fashion at the storage site.

11.3 Excess Storage Location

The storage location for excess GFM is as follows:

Faben's Outdoor Range 121 North Range Road, Fabens, TX

POC: Eloy Morales (915) 526-9334

Custody of the excess GFM will be transferred to the Government only after the GFM is…