B3_solicitation_AMD2.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

This amendment revises the quantity of fence in CLIN 0001 and Section 007300, Paragraph 8; adds Wage Decision NM150014 and Use of Wage Decisions verbiage; revises 52.216-1 Type of Contract to Firm Fixed Price, changes 52.228-1 to full text w ith f illed in text, and adds Appendix V, Cross Sections.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 24

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 01-Sep-2015

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9126G-15-B-0028

X 9B. DATED (SEE ITEM 11)

12-Aug-2015

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

01-Sep-2015

CODE

US ARMY CORPS OF ENGINEERS FORT WORTH

819 TAYLOR ST, RM 2A17

FORT WORTH TX 76102-0300

W9126G 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9126G-15-B-0028

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION SF30 - CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 11 00 - STANDARD FORM (SF) 1442 AND CLIN SCHEDULE

CLIN 0001

The CLIN extended description has changed from Approximately 3875 LF (as delineated in the Work Requirements) of primary fence removal and replacement with primary pedestrian fence along the US/Mexico International Border at Anapra, New Mexico. This includes all components necessary to complete the removal and construction, including all materials (except GFM), labor, and equipment. Other work associated with the construction includes a patrol road, retaining wall, culverts, and vehicle and drainage gates. The contractor is responsible for validating the number of linear feet of fence removal and replacement required prior to submission of a bid. Period of Performance is 180 calendar days after receipt of Notice to Proceed. to Approximately 3850 LF (as delineated in the Work Requirements) of primary fence removal and replacement with primary pedestrian fence along the US/Mexico International Border at Anapra, New Mexico. This includes all components necessary to complete the removal and construction, including all materials (except GFM), labor, and equipment. Other work associated with the construction includes a patrol road, retaining wall, culverts, and vehicle and drainage gates. The contractor is responsible for validating the number of linear feet of fence removal and replacement required prior to submission of a bid. Period of Performance is 180 calendar days after receipt of Notice to Proceed..

SECTION 00 72 00 - CONTRACT CLAUSES

The following have been modified:

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed-price contract resulting from this solicitation.

(End of provision)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3M, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

SECTION 00 73 00 - SPECIAL CONTRACT REQUIREMENTS

SPECIAL INSTRUCTIONS

SECTION 007300 - SPECIAL CONTRACT REQUIREMENTS

1. CONTRACT ADMINISTRATION

a. The Contracting Officer who signs the award document will be the principal Contracting Officer for this contract. However, any Contracting Officer assigned to the Fort Worth District, or assigned in writing as an Administering Contracting Officer for this project, acting within his authority, may take formal action on this contract. Only a Contracting Officer can authorize changes to the requirement.

b. Upon award, an Administering Contracting Officer (ACO) will be assigned to administer the contract. The contractor will receive a copy of the assigning letter.

c. A Contracting Officer’s Representative (COR) will be assigned. A list of the responsibilities of the COR will be included in the COR assignment letter. The contractor will receive a copy of the assigning letter.

2. INVOICING INSTRUCTIONS

Submit invoices in the following format:

Construction Progress Payments: ENG93 form

For the final payment ensure the invoice is marked “Final” and send a release of claims.

Email invoices to the COR and:

m2swfaerc@usace.army.mil USACE, ECSO Invoices

3. WORK DAYS AND HOURS

The normal workdays and hours for this project will be Monday through Saturday, excluding federal holidays, from 6am – 6pm. Access to the work site may be restricted to these hours and days. Work during other than normal hours and days must be coordinated in advance with the Administrative Contracting Officer.

4. INSURANCE

The contract clause, FAR 52.228-5, applies to this contract even if the work or any portion of the work is not performed on a Government installation.

The contractor must maintain the following insurance requirements during the entire period of his performance under this contract in order to comply with the terms of the Right of Entry Agreement between the UNION PACIFIC RAILROAD COMPANY and CUSTOMS AND BORDER

PROTECTION:

A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).

The policy must also contain the following endorsement, which must be stated on the certificate of insurance:

Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site.

B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $2,000,000 for each accident.

C. Workers Compensation and Employers Liability insurance. Coverage must include but not be limited to:

Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement.

Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.

If Licensee is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.

Revised Law Approved 05/18/2012

D. Railroad Protective Liability insurance. Licensee must maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad.

E. Umbrella or Excess insurance. If Licensee utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy.

F. Pollution Liability insurance. Pollution Liability coverage must be included when the scope of the work as defined in the Agreement includes installation, temporary storage, or disposal of any “hazardous” material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time.

Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000.

If the scope of work as defined in this Agreement includes the disposal of any hazardous or nonhazardous materials from the job site, Licensee must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000.

Prior to commencement of work, the Contractor shall furnish the original of his Insurance Certificate directly to the Contracting Officer, Fort Worth District, Corps of Engineers, ATTN:

CESWF-CT-S, P.O. Box 17300, Fort Worth, Texas 76102-0300 and one copy directly to the Area or Project Office.

Ensure the certificate includes an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer.

NOTE: It is recommended that the contractor furnish a copy of the foregoing requirements to his insurance company in order to assure that an Insurance Certificate is issued meeting the minimum requirements shown. The Insurance Certificate shall also show the contract number to which it applies as well as a brief description and location of the work.

5. TIME EXTENSION FOR UNUSUALLY SEVERE WEATHER

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 of the 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

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

1 0 0 1 0 0 2 2 0 0 0 0

b. Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record o 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 previous 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)”.

6. Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts

a. In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S.

veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

b. Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/ Department of Veterans Affairs-VOW to Hire Heros Act http://benefits.va.gov/vow/ Army Wounded Warrior Program- http://wtc.army.mil/modules/employers/index.html

c. U.S. Chamber of Commerce Foundation-Hiring Our Heros http://www.hiringourheroes.org/ Guide to Hiring Veterans - Reference Material http://www.whitehouse.gov/sites/default/files/docs/white house business council - guide to hiring veterans.pdf

7. 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.

No employee shall be allowed on site until 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.

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 01 50 02 TEMPORARY CONSTRUCTION FACILITIES for additional requirements.

8. GOVERNMENT FURNISHED MATERIAL PROCEDURES

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

b. This project consists of approximately 1.32 miles or 6,975 LF of bollard primary pedestrian fence. Steel specification and finish requirements are identified herein. GFM steel will be raw, mill-scale steel. The steel components that are to be GFM for this project, and the estimated quantity of material required are presented in the table below. Please note that all quantities, as well as the estimate of the total material required, refer to individual pieces. To the maximum extent possible, materials will be provided and available for loading in whole bundles. Small quantity, specialty, and fractional bundle amounts will be loose pieces.

GFM Description Length (ft) Quantity Provided (Pieces)

Estimated Quantity Required (Pieces)

Total Bundles

Pieces per Bundle

Base (3850 LF) (AMD 01)

HSS 6x6x3/16, ASTM A500, Grade B

21.0 3740 3740 233.75 16

HSS 6x6x3/16, ASTM A500, Grade B

12.42 266 266 29.5 9

HSS 7x7x3/16, ASTM A500, Grade B

2.0 28 28 N/A N/A

Option One (3100 LF)

HSS 6x6x3/16, ASTM A500, Grade B

21.0 697 697 43.5 16

HSS 6x6x3/16, ASTM A500, Grade B

25.0 144 144 9 16

HSS 6x6x1/4&3/8 (mixed), ASTM A500, Grade B

20.0 186 186 N/A N/A

HSS 6x6x1/2, ASTM A500, Grade B

21.0 2054 2054 228.2 9

HSS 6x6x3/16, ASTM A500, Grade B

12.42 38 38 N/A 9

HSS 7x7x3/16, ASTM A500, Grade B

2.0 4 4 N/A N/A

Notes:

1) Nominal bollard steel thickness required for fence construction is 3/16”. 1/4”, 3/8” and 1/2” bollards are provided as substitutes due to limited availability of 3/16” material. 1/2” thick bollards will be used at discretion of Contractor after consultation with USACE COR. It is preferred, if possible, to use 1/2” thickness bollards at points of vulnerability along the fence alignment.

2) In addition to all other fence steel requirements, any shortfalls of above listed bollard materials required is responsibility of Contractor to provide.

Note: “Estimated Quantity Required” is intended to capture quantity of GFM estimated for fence bollards based on the spacing requirements shown in the construction plans. The Contractor shall be responsible for utilizing the GFM provided to best fit the fence construction needs. See Section 01 00 50 Task Order Requirements for submittal requirements.

The Contractor shall be responsible for all other materials not listed above.

c. GFM Pickup Requirements

The total gross weight of the truck shall be below 80,000. It is still incumbent upon the carrier to review their load to comply with all legal requirements. If the load will put the carrier in an overweight situation, it is the carrier’s responsibility to reduce the load by one bundle. For payload planning purposes, no payload exceeds 46,700 lbs.

The types of trucks that Contractor’s can use when picking up government-furnished materials at the distribution centers are: Flatbed, high-sided curtain-top vans, curtain vans, and conestoga trucks are permitted for picking up steel. Stepdeck trailers are not permitted in for steel pickups. Stepdeck/dropdeck trailers include extendible stepdecks, double extendible dropdecks, double dropdecks, and lowboys.

The Contractor is responsible for all labor, material, and equipment needed to load and unload the material.

R/T or A/T lift with extendable boom is recommended.

Motor carriers are expected to provide sufficient dunnage (4" x 6") for steel loads.

Dunnage may be reused.

DD-1149s for custody transfer are required to be provided to the government.

All fencing material is located at Fabens Storage Yard.

d. GFM Distribution Site

The GFM distribution site is located at:

2121 North Fabens-Carlsbad Road FM 793, Fabens, Texas 79838

Operating hours are 0730-1630 Monday-Friday except for Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas. Exact pickup dates shall be coordinated at least 14 calendar days in advance with the Government POC. Government POC for Fabens Distribution site and pickup coordination will be provided to Contractor after Contract Award.

e. Contractor Taking Possession of GFM

Prior to loading, the Contractor shall inventory the GFM and ensure material is located and ready for loading. Once inventoried, and upon loading, the Government shall transfer custody to the Contractor via a DD-1149. The Contractor shall sign the DD-11499(s) and be responsible for all 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

f. 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

g. Inventory and Reporting The Contractor will be required to conduct an inventory of the 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 of Form DD1662 following the loss, damage, or destruction of GFM shall be at the discretion of the Contracting Officer.

h. Liability of GFM 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.

i. Unreasonable Consumption of GFM “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 supported by Material Request forms and planning documents. In the event of unreasonable consumption, a liability determination will be made by the Contracting Officer.

j. Excess Material

Excess Definition:

Structural steel: any virgin material, in whole lengths, remaining at end of a construction process that exceeds 5,000 lbs (total)

Material will be defined as scrap if less than the above amounts

k. Excess Material Transfer

The Contractor shall complete Form DD1149– Requisition and Invoice/Shipping Document, found in Appendices, to identify the excess GFM (if any) 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.

l. Excess Storage Location

Excess GFM will be returned to the Fabens Distribution site as previously listed.

Custody of the excess GFM will be transferred to the Government only after the GFM is unloaded, arranged, and inventoried by the contractor. It is the Contractor’s responsibility to receive a signed receipt for the transfer of custody of excess GFM, on the DD1149, prior to leaving the storage site.

m. Scrap

Scrap definition: any waste from production or fabrication and any processed material remaining at end of the construction phase that is smaller than the thresholds for Excess GFM.

All scrap material shall be removed from the project site and disposed of properly by the Contractor, at the Contractor’s expense, in accordance with the Scrap Disposal Plan.

Scrap Disposal Plan

The Contractor shall submit a GFM Scrap Disposal Plan to the Contracting Officer within twenty

(20) days after Task Order award. The Contractor shall weigh all disposed scrap and provide weight tickets to the Government within 24 hours of disposal. The Scrap Disposal Plan shall describe in detail the following:

Identification of scrap material Proposed location(s) for scrap storage Procedures for scrap disposal handling Proposed site for scrap disposition, including name, location, and ownership Submission plan for weight tickets Method of disposal and weighing of scrap material Certificate(s) of scale calibration Frequency and transmittal of weight tickets

The Government will be allowed seven (7) days to review and comment on the Scrap Disposal Plan’s conformance to the technical requirements of the solicitation and to the Contractor’s proposal. The COR will furnish a consolidated listing of comments to the contractor. The contractor shall then make the appropriate changes to the Scrap Disposal Plan. Conflicting comments shall be resolved by the contractor and the COR. The Government reserves the right to reject the Scrap Disposal Plan if resolution is not possible. The Contractor shall not dispose of any scrap until after the Scrap Disposal Plan is approved.

Sales of Scrap Material The Contractor may sell any scrap resulting from production under this contract, provided that it is identified in the Contractor’s approved Scrap Disposal Plan.

Custody of Scrap The Contractor shall obtain a signed receipt for the disposal of all scrap. Final signature shall transfer ownership of the GFM from the Government to the company being represented by the final signature.

n. Contractor Liability.

Carrier Insurance.

Public Liability and Cargo Liability Insurance. The Contractor shall ensure interstate transportation providers maintain the acceptable level of public liability and cargo liability insurance, as required by Title 49 of the Code of Federal Regulations (CFR).

State Requirements. Public liability and cargo insurance shall be maintained at the level required by the state for transportation providers that operate solely as intrastate carriers.

However, in deregulated states, public and cargo liability insurance requirements for intrastate carriers shall be the same as those for interstate carriers.

In Force. The Contractor shall ensure that the insurance carried will be in force at all times during this contract or until such time as the transportation provider ceases providing service(s) under the contract. Insurance policy(ies) shall cover all equipment used to transport GFM provided.

Seizure of GFM. Neither the contractor nor any of its subcontractors involved in moving/transporting GFM shall assert any type of lien on property shipped under this Task Order. The contractor shall not take any action to seize, arrest, hold, or otherwise detain a shipment through any process. Additionally, the Government reserves the right to retrieve/seize GFM from the contractor and its subcontractors’ facilities and conveyances when access to GFM has been frustrated, impeded or otherwise delayed due to labor unrest, work stoppages, bankruptcy, disasters, and other abnormal events beyond the contractor’s operational control.

Loss and Damage Claims Management. The contractor shall facilitate the resolution of Government claims for loss or damage to GFM with transportation providers.

Liability Standard. The transportation provider, whether the contractor itself, or another entity under contract or other arrangement with the contractor, shall be liable to the Government for not less than the actual loss or injury to the property transported under a Task Order while the GFM is in its possession. The transportation provider shall not be liable to the extent that such loss or damage is caused by an act of God, public enemy, public authority, or shipper, or arises from the inherent nature or characteristics of the goods.

Terms of Contractor Arrangement with Transportation Providers. The contractor shall enter into a written contract or other enforceable arrangement with any transportation provider (including affiliates, team members, etc.) under this Task Order that will hold the transportation provider liable to the Government. This contract or enforceable arrangement shall expressly name the Government as a third party beneficiary of the contract or arrangement, thereby authorizing the Government to enforce GFM liability terms of that contract or arrangement. In addition, this contract or arrangement shall include the following terms and conditions:

The transportation provider acknowledges that the Contractor will seek to resolve Government claims as an independent contractor, not as an agent of the Government.

The transportation provider agrees with and accepts the terms outlined in Seizure of GFM above and pledges that it will not assert any lien on GFM or seek to detain any shipment of GFM and that it will relinquish GFM to the Government upon request.

The transportation provider shall notify the Contracting Officer and the Contractor within 24 hours of initial identification of loss or damage.

Unless the Government claim has been paid, the transportation provider shall notify the Contracting Officer and the Contractor within 30 days of the receipt of a Government claim, acknowledging receipt and identifying documentation or other information relating to the claim that is required for resolution.

Within 120 days of receipt of a Government claim, the transportation provider shall pay the claim in full to the Government or notify the Contracting Officer and the contractor either that it declines to pay the full claim amount or that it offers a non-negotiable partial payment to settle the claim. The transportation provider shall have no rights to salvage.

The transportation provider shall acknowledge that the Government may respond to unresolved claims through litigation or through any other means. The Government may proceed to resolve the claim as a third party beneficiary of the transportation provider’s contract with the Contractor or through other means, as permitted by law.

Contractor liability to the Government. No provision in this Task Order or in any contract or other arrangement between the Contractor and the transportation provider shall relieve the Contractor from its direct obligation and liability to the Government, as represented by this Task Order.

Claims Procedure. The Contractor shall resolve all claims within 120 days following the Government’s provision of all necessary substantiating documentation. The Contractor shall cooperate with Government efforts to resolve claims for loss or damage to GFM by furnishing documents/correspondence, providing access to personnel with knowledge of the claim, and advising on industry practices.

-- END OF SECTION ---

SECTION 00 73 46 - WAGE DETERMINATION SCHEDULE

The following have been added by full text:

APPLICATION OF WAGE DECISIONS

1. Davis-Bacon Act Wage Decision NM150049, Highway Construction Projects, will be applicable to the construction, alteration or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, parking areas, and other similar projects not incidental to buildings or heavy construction in Dona Ana County, New Mexico.

2. Davis-Bacon Act Wage Decision NM150014, Heavy Construction Projects, will be applicable to the construction, alteration or repair of bridges, drainage projects, flood control projects, land drainage (not incidental to other construction), land leveling (not incidental to other construction), land reclamation, landscaping, site improvements, tunnels, levees, sewers, and other similar projects and any other construction requirements not shown in Paragraph 1 above for those construction activities performed in Dona Ana County, New Mexico.

NOTE:

(1) Payroll records are required, under the Davis-Bacon Act, to be submitted to the U.S. Army

Corps of Engineers for all construction work performed.

(2) The Wage Decision Number applicable to the work performed is to be shown on all certified payroll records submitted. If multiple wage decisions are utilized within a pay period, so annotate clearly those work hours and rates-of-pay per the applicable wage decision under which the work was performed.

WAGE DETERMINATION

General Decision Number: NM150049 01/02/2015 NM49

Superseded General Decision Number: NM20140049

State: New Mexico

Construction Type: Highway

Counties: Dona Ana and San Juan Counties in New Mexico.

HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction;

bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction;

and other major bridges).

Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/02/2015

ELEC0611-003 07/01/2014

Rates Fringes

ELECTRICIAN (Boom Operator)......$ 29.79 12.74

* TEAM0492-003 04/01/2014

SAN JUAN

Rates Fringes

TRUCK DRIVER (Dump)..............$ 14.65 6.20

SUNM2011-003 08/25/2011

Rates Fringes

CARPENTER (Includes Form Work) Dona Ana....................$ 14.15 0.44 San Juan....................$ 13.42 0.44

CEMENT MASON/CONCRETE FINISHER...$ 13.65 0.26

ELECTRICIAN (Includes Traffic Signalization and Installation) Dona Ana....................$ 25.91 9.45 San Juan....................$ 24.46 8.56

HIGHWAY/PARKING LOT STRIPING:

Includes Highway Line/Parking Lot Line Striping and Line Striping Truck Driver Dona Ana....................$ 15.44 0.35 San Juan....................$ 14.39 0.35

IRONWORKER, REINFORCING

Dona Ana....................$ 22.61 6.03 San Juan....................$ 16.41 5.85

LABORER

Common or General Dona Ana...................$ 11.95 0.35 San Juan...................$ 11.48 0.35 Flagger/Cone Setter.........$ 14.27 0.35 Mason Tender- Cement/Concrete.............$ 10.25 0.35 Pipelayer...................$ 17.13 5.04

POWER EQUIPMENT OPERATOR:

Backhoe/Excavator/Trackhoe Dona Ana...................$ 17.74 0.26 San Juan...................$ 16.27 1.51 Bobcat/Skid Loader..........$ 14.56 0.26 Broom Sweeper...............$ 16.67 1.57 Grader/Blade................$ 17.64 1.51 Loader(Front End)...........$ 16.53 0.26 Mechanic....................$ 23.24 1.51 Oiler.......................$ 22.08 8.72 Piledriver..................$ 16.26 0.26 Roller (Asphalt and Dirt) Dona Ana...................$ 16.27 1.51 San Juan...................$ 12.91 1.60 Trencher Dona Ana...................$ 15.22 0.26 San Juan...................$ 15.93 0.26

TRUCK DRIVER

Dump Truck Dona Ana...................$ 15.04 0.26 Flatbed Truck...............$ 13.30 0.26 Pickup Truck Dona Ana...................$ 12.14 0.26 San Juan...................$ 12.95 0.26 Water Truck.................$ 13.51 1.51

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)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or

"UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

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:

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

Washington, DC 20210

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

General Decision Number: NM150014 02/06/2015 NM14

Superseded General Decision Number: NM20140014

State: New Mexico

Construction Type: Heavy

County: Dona Ana County in New Mexico.

HEAVY CONSTRUCTION PROJECTS

Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/02/2015 1 01/30/2015 2 02/06/2015

CARP1245-001 06/01/2014

Rates Fringes

Carpenter Excluding Form Work.........$ 23.40 8.42

* ELEC0583-007 12/01/2014

Rates Fringes

ELECTRICIAN......................$ 28.95 5.25% + $6.65

ENGI0953-005 04/01/2013

Rates Fringes

Power Equipment Operator

(2) Forklift................$ 19.23 5.64

(4) Bulldozer...............$ 19.54 5.64

SHAFT AND TUNNEL WORK - $.15 per hour above regular rate.

HAZARDOUS PAY - The following pay shall be applicable for every hour an operating engineer is required by governmental regulations and does wear special equipment for hazardous work at the designated levels. This is applicable in all three zones

LEVEL C - 10% above regular hourly wage

LEVEL B - 10% above regular hourly wage

LEVEL A - 15% above regular hourly wage

ZONE PAY The reference point for determining zone pay shall be from the intersection of Interstate Highway 25 and I-40.

Zone 1 - Albuquerque - 0 to 50 mile radius from I-40 shall be a Free Zone

- Farmington - 0 to 50 mile radius of Farmington City Hall shall be a Free Zone

Zone 2 - Shall be $2.50 per hour above base pay. Will apply outside of above parameters up to 35 miles.

Zone 3 - Shall be $1.50 cents per hour above Zone 2 for a total of $4.00 per hour and will apply after 35 miles of Zone one's parameters.

SUNM2009-008 09/14/2010

Rates Fringes

CARPENTER (Form Work Only).......$ 12.23 0.44

CEMENT MASON/CONCRETE FINISHER...$ 13.73 0.00

IRONWORKER, REINFORCING..........$ 20.79 7.56

LABORER: Common or General......$ 12.95 0.69

LABORER: Flagger................$ 10.65 1.91

LABORER: Landscape..............$ 11.00 0.35

LABORER: Mason Tender - Cement/Concrete..................$ 12.46 0.00

LABORER: Pipelayer..............$ 13.60 0.00

OPERATOR: Backhoe...............$ 19.46 0.00

OPERATOR: Bobcat/Skid

Steer/Skid Loader................$ 13.77 0.00

OPERATOR: Grader/Blade..........$ 17.96 0.00

OPERATOR: Loader (Front End)....$ 15.79 1.81

OPERATOR: Tractor...............$ 14.74 0.26

PAINTER: Brush, Roller and Spray............................$ 19.78 3.78

TRUCK DRIVER: Dump Truck........$ 12.45 0.26

TRUCK DRIVER: Pickup Truck......$ 12.10 1.73

TRUCK DRIVER: Water Truck.......$ 13.91 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)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this…