Spec_Am4.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offers 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 your 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 APPROPIRATION DATA (If required)

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

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

CHECK ONE 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.

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

0004 Jul 2, 2010

W912PL

USACE-LOS ANGELES DISTRICT

CONTRACTING DIVISION, EAST REGION BRANCH

P.O. BOX 532711

LOS ANGELES, CA 90053-2325

W912PL-10-B-0010

May 28, 2010

PROJECT: Tucson Drainage Area Project - Phase 2B, Tucson, Arizona

AMENDMENT 0004 to Solicitation No. W912PL-10-B-0010 is issued to:

extend the Bid Opening Date from 8 July 2010 to 12 July 2010 at 1:00 p.m. PST and make other changes to the plans & specifications per the attached continuation page.

Tucson Drainage Area – Phase 2B W912PL-10-B-0010

Amendment 4

SF 30 CONTINUATION SHEET

Amendment 4 includes the following sections to be replaced:

- SF 1442 , Solicitation, Offer, and Award

- Table of Contents

- 00010 Bid Schedule

- 00650 Wage Rates

- 00800 Special Contract Clauses

- 01270 Measurement and Payment

- 02531 Sanitary Sewers

- 02630 Storm-Drainage System

- 02770 Concrete Sidewalks and Curbs and Gutters

- Add Geotechnical Appendix

- Remove and Replace 18 sheets of Drawings.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION CALL

A. NAME B. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date):

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

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12B. CALENDAR DAYS

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

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

NSN 7540-01-155-3212

Designed using Perform Pro, WHS/DIOR, Oct 96

1442-103 STANDARD FORM 1442 (REV. 4-85) (EG)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)Amendment 4

W912PL-10-B-0010 X 28 May 2010 1 OF 2

USACE, Los Angeles District Contracting Division, East Region Branch 915 Wilshire Blvd P. O. Box 532711, Los Angeles, CA 90053-2325

See Item 7

Otse Adikhai 213.452.3248

TUCSON DRAINAGE AREA PROJECT - UNRESTRICTED INVITATION FOR BID

The Tucson Drainage Area Project - Phase 2B consists of construction of three inline basins called Basins 1, 2 and 3. The basins are connected via arch culvert drainage structures. Side drains will be construction into the basins and culverts. The project also consists of modifying the inlet on High School Wash at Park Avenue. An existing triple box, consisting of a double 7-ft by 4-ft and a single 6-ft by 4-ft RCB crossing Fourth Avenue would be removed and a new double 10-ft by 8-ft RCB would be constructed beneath Fourth Avenue to Eighth Street, where it would confluence with the existing Tucson Arroyo RCB. Channel modifications consist of overexcavating by four feet of an existing channel starting from Parkway Terrace to Campbell Avenue. The channel would be lined with gunite along the invert and the lower four feet (vertical) of side slopes, and backfilled with soil. The upper side slopes would be lined with articulated block. The fully entrenched channel would have a 22-foot bottom width, a depth of 8-feet, and 1:1 side slopes. The existing dip crossings at Norris, Olsen, and Plummer Avenues would be lowered to match the new invert elevations. The Campbell Avenue crossing would replace a four-barreled 4-ft by 10-ft RCB with a six-barreled 4-ft by 12-ft RCB. An existing sewer line would be relocated in order to maintain the current elevation. An existing side drain entering Arroyo Chico under Campbell Avenue will have to be relocated within the new box. Five grade control structures would be constructed in the unlined channel reaches. The structures will be constructed of grouted stone, with a top width of 6-feet, a depth of 6-feet, and a downstream 15-foot-long section filled with riprap.

10 *See 00800

X X *Section 00800

X 10

5 1 PM

12 July 2010

X

OFFER (Must be fully completed by offeror)

STANDARD FORM 1442 BACK (REV. 4-85)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24.SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BYCODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

(c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

30B. SIGNATURE 30C. DATE

31A. NAME OF CONTRACTING OFFICER (Type or print)

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

Amendment 4

DUNS NO.: TAX ID NO.:

CAGE CODE NO.:

( ) - ; FAX ( ) -

SEE PRICING SCHEDULE

Tucson Drainage Area - Phase 2B W912PL-10-B-0010

PROJECT TABLE OF CONTENTS PAGE 1 Amendment 4

PROJECT TABLE OF CONTENTS

DIVISION 00 – BIDDING REQUIREMENTS, CONTRACT FORMS AND CONTRACT CONDITIONS

SF-1442 Solicitation, Offer and Award (Amendment 4) 00010 Bid Schedule (Amendment 4) 00100 Instructions to Bidders (Amendment 1) 00600 Representations & Certifications 00650 Wage Rates (Amendment 4) 00700 Contract Clauses 00800 Special Contract Clauses (Amendment 4)

DIVISION 01 - GENERAL REQUIREMENTS

01200 GENERAL REQUIREMENTS

01270 MEASUREMENT AND PAYMENT (Amendment 4)

01312 QUALITY CONTROL SYSTEM (QCS)

01320 PROJECT SCHEDULE

01330 SUBMITTAL PROCEDURES

01352 GOVERNMENTAL SAFETY REQUIREMENTS (Amendment 1)

01355 ENVIRONMENTAL PROTECTION

01356 STORM WATER POLLUTION PREVENTION MEASURES

01420 SOURCES FOR REFERENCE PUBLICATIONS

01451 CONTRACTOR QUALITY CONTROL

01500 TEMPORARY CONSTRUCTION FACILITIES

01575 TEMPORARY ENVIRONMENTAL CONTROLS

01780 CLOSEOUT SUBMITTALS

DIVISION 02 - SITE CONSTRUCTION

02100 DIVERSION AND CONTROL OF WATER

02220 DEMOLITION

02226 REMOVAL, SALVAGE, AND REINSTALLATION OF HISTORIC STRUCTURE

02230 CLEARING AND GRUBBING

02300 EARTHWORK (Amendment 3)

02316 EXCAVATION, TRENCHING, AND BACKFILLING FOR UTILITIES SYSTEMS

02342 WEBBED CELLULAR CONFINEMENT SYSTEM

02370 SOIL SURFACE EROSION CONTROL (Amendment 1)

02371 WIRE MESH MATTRESSES

02378 GEOTEXTILES USED AS FILTERS

02510 WATER DISTRIBUTION SYSTEM (Amendment 3) 02531 SANITARY SEWERS (Amendment 4)

02600 STONE PROTECTION

02620 SUBDRAINAGE SYSTEM

02630 STORM-DRAINAGE SYSTEM (Amendment 4)

02722 AGGREGATE BASE COURSE

02741 HOT-MIX ASPHALT (HMA) FOR ROADS

02748 BITUMINOUS TACK COAT

02763 PAVEMENT MARKINGS

PROJECT TABLE OF CONTENTS PAGE 2 Amendment 4

02770 CONCRETE SIDEWALKS AND CURBS AND GUTTERS (Amendment 4)

02811 UNDERGROUND SPRINKLER SYSTEMS

02821 FENCING

02915 TRANSPLANTING EXTERIOR PLANT MATERIAL (Amendment 1) 02921 SEEDING (Amendment 1) 02930 EXTERIOR PLANTING (Amendment 1)

02935 EXTERIOR PLANT MATERIAL MAINTENANCE

DIVISION 03 - CONCRETE

03101 FORMWORK FOR CONCRETE

03151 EXPANSION, CONTRACTION AND CONSTRUCTION JOINTS IN CONCRETE FOR CIVIL

WORKS

03200 CONCRETE REINFORCEMENT

03301 CAST-IN-PLACE STRUCTURAL CONCRETE FOR CIVIL WORKS (Amendment 3)

DIVISION 05 – METALS

05500 MISCELLANEOUS METAL

DIVISION 08 - DOORS AND WINDOWS

08625 TUBULAR SKYLIGHTS

GEOTECHNICAL APPENDIX (Amendment 4)

-- End of Project Table of Contents –

Tucson Drainage Area Project – Phase 2B W912PL-10-B-0010

00010-1 Amendment 4

CERTIFICATE OF CORPORATE PRINCIPAL

1) IF THE OFFEROR IS A JOINT VENTURE, COMPLETE THE FOLLOWING:

(Company Name) (Signature) (Title)

(Company Name) (Signature) (Title)

(Company Name) (Signature) (Title)

2) IF THE OFFEROR IS PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS:

(Company Name) (Signature) (Title)

(Company Name) (Signature) (Title)

(Company Name) (Signature) (Title)

3) IF THE OFFEROR IS A CORPORATION, THE FOLLOWING CERTIFICATION SHOULD

BE COMPLETED:

CERTIFICATION AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the corporation named as principal in the within contract; that , who signed the said contract on behalf of the principal, was the of the corporation; that I know his signature and that his signature is genuine; and that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

CORPORATE PRINCIPAL

CORPORATE SEAL

SECRETARY

DOCUMENT 00010 Page 2 Amendment 4

UNIT OF UNIT TOTAL

ITEM NO DESCRIPTION MEASURE PRICE PRICE

BASE BID (Line Items 0001 thru 0031) Period of Performance: 270 Calendar Days

0001 DIVERSION AND CONTROL OF WATER 1 LS -$ -$

0002 SALVAGE AND MAINTAIN NATIVE TREES 36 * EA -$ -$

0003 CLEARING AND GRUBBING 1 LS -$ -$

0004 DEMOLITION 1 LS -$ -$

0005 PEDESTRIAN BRIDGE ABUTMENTS 1 LS -$ -$

0006 HIGHLAND AVE. DETOUR 1 LS -$ -$

0007 CURTIS AVE. IMPROVEMENTS AT 15TH STREET 1 LS -$ -$

0008 EXCAVATION, GENERAL 235,000 * CY -$ -$

0009 COMPACTED FILL, EMBANKMENT 10,143 * CY -$ -$

0010 CONCRETE, SPILLWAY SILLS 208 * LF -$ -$

0011 CONCRETE, 6" X 12" BORDER 5,540 * LF -$ -$

0012 ARCH CULVERT #3 1 LS -$ -$

0013 SIDE DRAIN #7 1 LS -$ -$

0014 SIDE DRAIN #9 1 LS -$ -$

0015 RIPRAP 211 * TON -$ -$

0016 WIRE MESH MATTRESS 652 * CY -$ -$

0017 TURF REINFORCEMENT MATS 1,173 * SY -$ -$

0018 (Not Used) -$ -$

0019 12" PVC WATER LINE 1 LS -$ -$

0020 POST AND CABLE 3,424 * LF -$ -$

0021 REMOVABLE POST BARRICADES 12 * EA -$ -$

SECTION 00010 - BID SCHEDULES

TUCSON DRAINAGE AREA PROJECT, PHASE 2B

ESTIMATED

_ QTY

The undersigned hereby proposes and agrees that on award by the Government under this Bid, and in accordance with the provisions therein stated, to execute the Agreement, with necessary bonds, to furnish and install any and all labor, materials, equipment transportation, and services for the construction of the Tucson Drainage Area Project - Phase 2B, in accordance with the Contract Documents therefore adopted and on file with the Government within the time hereinafter set forth and at the prices named in this Bid as follows:

DOCUMENT 00010 Page 3 Amendment 4

UNIT OF UNIT TOTAL

ITEM NO DESCRIPTION MEASURE PRICE PRICE

ESTIMATED

_ QTY

0022 HIGHLAND AVE RECONSTRUCTION 1 LS -$ -$

0023 AGGREGATE BASE COURSE - MAINT. ROAD/RAMP 1,006 * TON -$ -$

0024 A.C. PAVEMENT - MAINT. RAOD/RAMP 295 * TON -$ -$

0025 SIGNS 3 * EA -$ -$

0026 SKYLIGHTS 1 EA -$ -$

0027 CELLULAR CONCRETE BLOCK SYSTEM 88 * SF -$ -$

0028 CONCRETE HEADER 110 * LF -$ -$

0029 6' CHAIN LINK FENCE 360 * LF -$ -$

0030 NATIVE SEEDING 75,650 * SY -$ -$

0031 EMBANKMENT FILTER 608 * CY -$ -$

TOTAL BASE BID (Line Items 0001 thru 0031) -$

INCREMENT 1 - Basin #2 Period of Performance: 180 Calendar Days

0032 DIVERSION AND CONTROL OF WATER 1 LS -$ -$

0033 SALVAGE AND MAINTAIN NATIVE TREES 9 * EA -$ -$

0034 CLEARING AND GRUBBING 1 LS -$ -$

0035 DEMOLITION 1 LS -$ -$

0036 PEDESTRIAN BRIDGE RELOCATION 1 LS -$ -$

0037 EXCAVATION, GENERAL 69,810 * CY -$ -$

0038 COMPACTED FILL, EMBANKMENT 7,810 * CY -$ -$

0039 CONCRETE, SPILLWAY SILLS 185 * LF -$ -$

0040 CONCRETE, 6" X 12" BORDER 3,630 * LF -$ -$

0041 ARCH CULVERT #2 1 LS -$ -$

0042 SIDE DRAIN #4 1 LS -$ -$

0043 SIDE DRAIN #5 1 LS -$ -$

DOCUMENT 00010 Page 4 Amendment 4

UNIT OF UNIT TOTAL

ITEM NO DESCRIPTION MEASURE PRICE PRICE

ESTIMATED

_ QTY

0044 SIDE DRAIN #6 1 LS -$ -$

0045 RIPRAP 229 * TON -$ -$

0046 WIRE MESH MATTRESS 433 * CY -$ -$

0047 TURF REINFORCEMENT MATS 1,433 * SY -$ -$

0048A REMOVABLE POST BARRICADES 15 * EA -$ -$

0048B CELLULAR CONCRETE BLOCK SYSTEM 668 * SF -$ -$

0049 POST AND CABLE 2,180 * LF -$ -$

0050 AGGREGATE BASE COURSE - MAINT. RD / RAMP 672 * TON -$ -$

0051 A.C. PAVEMENT - MAINT. RD / RAMP 190 * TON -$ -$

0052 CONCRETE HEADER 53 * LF -$ -$

0053 NATIVE SEEDING 34,219 * SY -$ -$

0054 EMBANKMENT FILTER 443 * CY -$ -$

TOTAL - INCREMENT 1 -$

INCREMENT 2 - Basin #1 Period of Performance: 270 Calendar Days

0055 DIVERSION AND CONTROL OF WATER 1 LS -$ -$

0056 CLEARING AND GRUBBING 1 LS -$ -$

0057 DEMOLITION 1 LS -$ -$

0058 (Not Used) -$ -$

0059 EXCAVATION, GENERAL 97,100 * CY -$ -$

0060 COMPACTED FILL, EMBANKMENT 7,100 * CY -$ -$

0061 CONCRETE, SPILLWAY SILLS 130 * LF -$ -$

0062 CONCRETE, 6" X 12" BORDER 5,740 * LF -$ -$

0063 ARCH CULVERT #1 1 LS -$ -$

0064 SIDE DRAIN #1 1 LS -$ -$

DOCUMENT 00010 Page 5 Amendment 4

UNIT OF UNIT TOTAL

ITEM NO DESCRIPTION MEASURE PRICE PRICE

ESTIMATED

_ QTY

0065 SIDE DRAIN #2 1 LS -$ -$

0066 SIDE DRAIN #3 1 LS -$ -$

0067 2 - 36" RCP DRAIN - BASIN 1 INTERIOR WEIR 1 LS -$ -$

0068 RIPRAP 86 * TON -$ -$

0069 WIRE MESH MATTRESS 782 * CY -$ -$

0070 TURF REINFORCEMENT MATS 1,374 * SY -$ -$

0071 MONITORING WELL ADJUSTMENT 5 EA -$ -$

0072 10" SEWER CASING BASIN 1 1 LS -$ -$

0073 POST AND CABLE 2,766 * LF -$ -$

0074 REMOVABLE POST BARRICADE 12 * EA -$ -$

0075 AGGREGATE BASE COURSE - MAINT. RD / RAMP 1,028 * TON -$ -$

0076 A.C. PAVEMENT - MAINT. RD / RAMP 296 * TON -$ -$

0077 CELLULAR CONCRETE BLOCK SYSTEM 1,040 * SF -$ -$

0078 RESTORATION AREA IRRIGATION CONTROLS 1 EA -$ -$

0079 IRRIGATION DISTRIBUTION SYSTEM 1 EA -$ -$

0080 (Not Used) -$ -$

0081 (Not Used) -$ -$

0082 DECOMPOSED GRANITE 8,320 * SY -$ -$

0083 CONCRETE MOW STRIPS 1,110 * LF -$ -$

0084 CONCRETE HEADER 37 * LF -$ -$

0085 15 GALLON PLANTS 12 * EA -$ -$

0086 5 GALLON PLANTS 1,167 * EA -$ -$

0087 1 GALLON PLANTS 2,513 * EA -$ -$

0088 NATIVE SEEDING 45,448 * SY -$ -$

0089 TRANSPLANTED TREES 10 * EA -$ -$

0090 2" RECLAIMED WATER METER 3 * EA -$ -$

DOCUMENT 00010 Page 6 Amendment 4

UNIT OF UNIT TOTAL

ITEM NO DESCRIPTION MEASURE PRICE PRICE

ESTIMATED

_ QTY

0091 INFORMATION MONUMENT 2 * EA -$ -$

0092 LANDSCAPE ESTABLISHMENT 1 LS -$ -$

0093 EMBANKMENT FILTER 608 * CY -$ -$

TOTAL - INCREMENT 2 -$

INCREMENT 3 - Channel Improvements Period of Performance: 270 Calendar Days

0094 DIVERSION AND CONTROL OF WATER 1 LS -$ -$

0095 CLEARING AND GRUBBING 1 LS -$ -$

0096 DEMOLITION 1 LS -$ -$

0097 EXCAVATION, GENERAL 20,130 * CY -$ -$

0098 COMPACTED FILL 75 * CY -$ -$

0099 CONC. CHANNEL WALLS & INVERTS U/S OF CAMPBELL 1 LS -$ -$

0100 CONCRETE, RAMPS, CAMPBELL AVE. 297 * CY -$ -$

0101 RCB & STREET IMPROVEMENTS, CAMPBELL AVE. 1 LS -$ -$

0102 RCB & STREET IMPROVEMENTS, NORRIS AVE. 1 LS -$ -$

0103 RCB & STREET IMPROVEMENTS, OLSEN AVE. 1 LS -$ -$

0104 RCB & STREET IMPROVEMENTS, PLUMER AVE. 1 LS -$ -$

0105 24" DRAINS & CBs, NORRIS AVE. 1 LS -$ -$

0106 24" DRAINS & CBs, OLSEN AVE. 1 LS -$ -$

0107 24" DRAINS & CBs, PLUMER AVE. 1 LS -$ -$

0108 RIPRAP 546 * TON -$ -$

0109 WEBBED CELLULAR CONFINEMENT SYSTEM 3,187 * SY -$ -$

0110 6" DIP WATER, NORRIS AVE. 1 LS -$ -$

0111 6" DIP WATER, OLSEN AVE. 1 LS -$ -$

0112 12" DIP WATER, PLUMER AVE. 1 LS -$ -$

DOCUMENT 00010 Page 7 Amendment 4

UNIT OF UNIT TOTAL

ITEM NO DESCRIPTION MEASURE PRICE PRICE

ESTIMATED

_ QTY

0113 15" SEWER & MHs, CAMPBELL AVE. 1 LS -$ -$

0114 MHs, NORRIS, OLSEN, & PLUMER 1 LS -$ -$

0115 TRAFFIC CONTROL, CAMPELL, NORRIS, OLSEN & PLUMER 1 LS -$ -$

0116 6' CHAIN LINK FENCE 320 * LF -$ -$

0117 GATES 12' DOUBLE CHAIN LINK 2 * EA -$ -$

0118 1 GALLON PLANT 322 * EA -$ -$

0119 NATIVE SEEDING 3,533 * SY -$ -$

0120 TRANSPLANTED TREES 2 * EA -$ -$

TOTAL - INCREMENT 3 -$

INCREMENT 4 - High School Wash Culvert Period of Performance: 270 Calendar Days

0121 DIVERSION AND CONTROL OF WATER 1 LS -$ -$

0122 CLEARING AND GRUBBING 1 LS -$ -$

0123 DEMOLITION 1 LS -$ -$

0124 RCB CULVERT, HIGH SCHOOL WASH 1 LS -$ -$

0125 48" WSP WATER, 3RD AVE 1 LS -$ -$

0126 12" PVC WATER, 3RD AVE 1 LS -$ -$

0127 8" & 10" SEWER MHS 1 LS -$ -$

0128 TRAFFIC CONTROL 1 LS -$ -$

TOTAL - INCREMENT 4 -$

TOTAL - BASE BID AND INCREMENTS 1, 2, 3, AND 4 -$

* QUANTITY IS AN ESTIMATED AMOUNT. SEE SECTION 00700, FAR 52.211-18, FOR VARIATION IN ESTIMATED QUANTITY

Tucson Drainage Area Project – Phase 2B W912PL-10-B-0010

SECION 00010 – BIDDERS NOTES

SOLICITATION CONTRACT FORM

CLAUSES INCORPORATED BY FULL TEXT

1. All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the bid.

2. If a modification to a bid based on unit prices is submitted which provides for a lump sum adjustment to the total estimated amount, the application of the lump sum adjustment to each unit price in the Price Schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the Price Schedule.

3. Prices must be submitted on all individual items of the Price Schedule otherwise the bid will be considered non-responsive and will be rejected.

4. For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the Price Schedule as submitted by the bidder:

a. Obviously misplaced decimal points will be corrected;

b. In case of discrepancy between the unit price and the extended price, the unit price will govern;

c. Apparent errors in extensions of unit prices will be corrected;

d. Apparent errors in addition of lump sum and extended prices will be corrected.

5. For the purpose of bid evaluation, the Government will proceed on the assumption that the bidder intends the bid to be evaluated on the basis of unit prices the total arrived at by the resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

6. The lump sum “LS” line items in the Price Schedule are not “Estimated Quantity” line items and are not subject to the “Variation in Estimated Quantity” contract clause.

7. The Contract Clause 52.232-27, “Prompt Payment for Construction Contracts” requires that the name and address of the contractor official, to whom payment is to be sent, be the same as that in the contract or in proper Notice of Assignment.

8. Principal Contracting Officer. The Contracting Officer who signs this contract will be the Principal Contracting Officer for this contract. However, any Contracting Officer assigned to the Los Angeles District, contracting within his authority, may take formal action on this contract when the Principal Contracting Officer is unavailable and the action needs to be taken.

9. Amounts and prices shall be indicated in either words or figures, NOT BOTH.

10. Payment of Electronic Funds Transfer (EFT) is the mandatory method of payment. The Contractors attention is directed to Contract Clause NO. 52.232-33 “Mandatory Information for Electronic Funds Transfer” located in Section 00800.

00010 – 8 Amendment 4

11. The bidder shall distribute his indirect costs (overhead, profit, bond, etc.,) over all items in the Price Schedule. The Government will review all submitted Price Schedules for any unbalancing of the items. Any submitted Price Schedule determined to be unbalance may be considered non-responsive and cause the bidder to be ineligible for contract award.

12. The bidder shall furnish all plant, labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract and include all attachments thereto.

13. Some quantities are ESTIMATED, the bidders prices MUST BE FIRM.

14. Bidder is cautioned to check his Price Schedule carefully prior to submission. If the Price Schedule contains unit prices, they should be round off to the second decimal point only NOT

EXTENDED FURTHER.

15. Contractor is required to fill in Cage code (Reference Section 00600, entitled “Required Central Contractor Registration” Mar 1998) and DUNS Number (Reference Section 00600, entitled, “Data Universal Numbering System (DUNS) Number” Jun 1999) in Block No. 15 on Standard Form 1442, Name and Address Block (Cage Code under Code and DUNS No. under Facility Code respectively).

16. The Government contemplates award on one contract to the responsive, responsible bidder who submits the low bid for the total of all the items in the Bid Schedule.

17. POSTAWARD CONFERENCE: The Contractor agrees to attend any post-award conference convened by the Contracting Activity or Contract Administration Office.

18. MANDATORY WORK STOPPAGES

(a) A mandatory work stoppage occurs whenever the contractor is restricted from working a full workday and is unable to reallocate work forces to other locations. All costs associated with five mandatory work stoppages must be included in the bid price. No additional compensation or extension to the Contract performance period will be given as a result of five mandatory work stoppages.

(1) In the event that the Contractor’s work force is required to evacuate any part of the working area during working hours established by the Contractor for this contract, the Government will then make an adjustment under the clause entitled, FAR 52.212-12 SUSPENSION OF WORK, see Section 00700. The Government’s liability will be considered to be limited to reimbursement for loss of time of Contractor’s employees and equipment which otherwise would have been employed on the job. The completion time for any work stoppage does not exceed 0.08 times the number of calendar days in the period between the date of notice to proceed and the specified completion date. In the event the Contractor is required to evacuate the area in excess of the time specified above, the completion time will be adjusted.

00010 – 9 Amendment 4

(b) The Contractor may be required, without advance notice, to move work to a different location. The Contractor shall be prepared to increase or decrease his work forces with appropriate trades to perform work in the relocated work areas at no additional cost to the Government.

(c) The Contractor shall notify the Contracting Officer when a mandatory work stoppage occurs for recording purposes. Otherwise, the work stoppage will not be credited to the Contractor.

19. PROGRESS PAYMENT REQUESTS made by the Contractor pursuant to the provisions of Contract Clause, PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS, shall be submitted on ENG FORM 93 to the billing office as designed on Block 26, Standard Form 1442, Solicitation, Offer and Award, back. ENG FORM 93 shall be submitted to that office on the 1st of each month in appropriate form and certified. Photocopies of the form shall be furnished on that same date to the Corps of Engineers offices designated at the Pre-Construction Conference.

00010 – 10 Amendment 4

Tucson Drainage Area Project – Phase 2B W912PL-10-B-0010

Section 00650 - 1 Amendment 4

General Decision Number: AZ100010 06/04/2010 AZ10

Superseded General Decision Number: AZ20080010

State: Arizona

Construction Type: Heavy

Counties: Coconino, Maricopa, Mohave, Pima, Pinal and Yuma Counties in Arizona.

HEAVY CONSTRUCTION PROJECTS (excluding dam construction)

Modification Number Publication Date 0 03/12/2010 1 06/04/2010

* BOIL0627-004 04/01/2010

Rates Fringes

BOILERMAKER......................$ 31.92 21.42

CARP0408-003 07/01/2009

Rates Fringes

CARPENTER (Including Cement Form Work).......................$ 23.58 5.97

PILEDRIVERMAN....................$ 24.08 7.24

ELEC0518-005 07/01/2008

PINAL COUNTY (North of the line, "First Standard Parallel South", and East of the line, "Second Guide Meridian East".

Rates Fringes

Electrician/Wireman..............$ 24.05 12%+6.50

* ELEC0570-001 06/01/2010

PIMA, PINAL [Remaining Southern Area], and YUMA COUNTIES

Rates Fringes

Electrician/Wireman..............$ 22.60 18%+4.70

ZONE DEFINITIONS: ZONE PAY - Workmen employed in Zones B and C shall be paid Zone Pay as follows:

Zone B............an additional $ 1.25 per hour Zone C............an additional $ 3.75 per hour

Zones shall be created in Tucson, Arizona, the headquarters of the Union. Zones may be established in other localities

Tucson Drainage Area Project – Phase 2B W912PL-10-B-0010

Section 00650 - 2 Amendment 4 by mutual consent of the parties hereto (Section 1.03).

Zones and the applicable rates of pay shall be the same for all Employers coming under the terms of this Agreement.

In Tucson, Zone A shall be the area within a twenty-nine (29) mile radius from a basing point at the City Hall.

Zone B shall be the area from the outer limits of the twenty-nine (29) mile radius, extending out another seventeen (17) miles (a 46 mile radius total).

Zone C shall be the area from the forty-six (46) mile radius, extending to the outside limits of the Local Union's jurisdiction.

If any owner's contiguous property falls within more than one Zone, it shall all be considered to be within the closer Zone.

ELEC0611-005 11/01/2007

APACHE COUNTY [Area North of Highway 66]

Rates Fringes

Electrician/Wireman Zone 1......................$ 26.80 5%+7.80

ZONE 1: 0 to 10 miles from Gallup, NM ZONE 2: 10 to 30 miles from Gallup - Add 9% to basic hourly rate.

ZONE 3: 30 to 40 miles from Gallup - Add 15% ZONE 4: Over 40 miles from Gallup - Add 26%

ELEC0640-001 06/21/2008

COCONINO; MARICOPA; MOHAVE COUNTIES; and the following portion of PINAL COUNTY (Area lying North andWest of the boundary line beginning at a point where Papago Indian Reservation Road No.15 crosses the Pima-Pinal County line, then extending in a Northeasterly direction on Papago Indian Reservation Road No.

15 to the intersection with Highway FAS-267, extending North on Highway FAS-267 to the intersection with the Florence Canal, North and East on the Florence Canal to the intersection of the line "Second Guide Meridian East" then North to the Pinal-Maricopa County lines )

Electrician/Wireman..............$ 24.80 3%+7.09

ELEC0769-001 05/04/2009

Line Construction:

Tucson Drainage Area Project – Phase 2B W912PL-10-B-0010

Section 00650 - 3 Amendment 4

Cable Splicer...............$ 39.03 19%+$4.78 Groundman...................$ 21.56 19%+$4.78 Lineman.....................$ 37.17 19%+$4.78 Powderman...................$ 26.21 19%+$4.78 Technician, Crane 80 Ton & over, Pilot.................$ 36.12 19%+$4.78

Equipment Operator: 75% of Lineman rate.

HD Equipment Operator: 85% of Lineman rate.

Mechanic: 75% of Lineman rate.

* ENGI0428-013 06/01/2010

Rates Fringes

Power Equipment Operator

(2) Asphalt Roller..........$ 25.22 9.79

IRON0075-007 08/01/2009

Rates Fringes

Ironworker Rebar & Structural (Zone 1).$ 26.52 17.59

Zone 1: 0 to 50 miles from City Hall in Phoenix or Tucson Zone 2: 050 to 100 miles - Add $4.00 Zone 3: 100 to 150 miles - Add $5.00 Zone 4: 150 miles & over - Add $6.50

LABO0383-008 06/01/2009

Rates Fringes

Laborers

(2) Concrete Worker.........$ 17.70 4.35

(3) Power tools.............$ 18.46 4.35

(6) Construction Specialist.$ 20.44 4.35

PLUM0469-004 07/01/2009

ZONE A: COCONINO, MARICOPA, MOHAVE & YUMA COUNTIES

ZONE B: PIMA AND PINAL COUNTIES

PLUMBER

Zone A......................$ 30.55 14.10 Zone B......................$ 27.28 13.85

INDUSTRIAL WORK: Add $6.00 to basic hourly rate

SHEE0359-002 08/01/2006

PIMA and PINAL (South of the 33rd Parallel) COUNTIES

Tucson Drainage Area Project – Phase 2B W912PL-10-B-0010

Section 00650 - 4 Amendment 4

Sheet Metal Worker (Including

HVAC)

Zone 1......................$ 23.29 3%+7.88 Zone 2......................$ 25.29 3%+7.88

ZONE DEFINITIONS:

Zone 1: 0 to 35 miles from the City Hall in Tucson

Zone 2: Over 35 miles from the City Hall in Tucson

SHEE0359-003 07/01/2007

COCONINO, MARICOPA, MOHAVE, PINAL (North of the 33rd Parallel), and YUMA COUNTIES

Sheet Metal Worker (Including

HVAC)............................$ 26.00 3%+10.35

SUAZ2004-007 03/04/2004

Rates Fringes

Cement Mason/Finisher............$ 17.18 2.12

Laborers General/Cleanup.............$ 10.32 0.00 Pipelayer...................$ 11.11 1.74

MILLWRIGHT.......................$ 16.97 3.40

Power Equipment Operator Backhoe.....................$ 16.82 2.52 Blade/Grader................$ 14.45 2.45 Crane.......................$ 20.76 4.42 Excavator...................$ 18.00 0.00 Loader......................$ 16.67 2.14 Scraper.....................$ 12.91 1.68

Sound & Communication Technician.......................$ 22.00 0.00

TRUCK DRIVER

Dump........................$ 12.13 1.16 Flatbed Utility.............$ 12.50 1.48 Water Truck.................$ 11.91 1.32

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

Tucson Drainage Area Project – Phase 2B W912PL-10-B-0010

Section 00650 - 5 Amendment 4

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:

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

Tucson Drainage Area Project – Phase 2B W912PL-10-B-0010

Section 00650 - 6 Amendment 4 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

Tucson Drainage Area Project – Phase 2B W912PL-10-B-0010

Section 00800 - 1 Amendment 4

Section 00800 - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

Section 00800 - Special Contract Requirements

52.0001-4001 CONTRACT ADMINISTRATION DATA

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

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

52.211-13 TIME EXTENSIONS (SEP 2000)

52.211-18 -- Variation in Estimated Quantity

52.214-29 ORDER OF PRECEDENCE--SEALED BIDDING (JAN 1986)

52.219-16 Liquidated Damages-Subcontracting Plan (JAN 1999)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS. (OCT 1995)

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

52.228-14 IRREVOCABLE LETTER OF CREDIT (DEC 1999)

52.228-15 Performance and Payment Bonds--Construction (JUL 2000)-

52.231-5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

MAR 1995)—EFARS

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002)

52.232-33 -- Payment by Electronic Funds Transfer--Central Contractor Registration 252.232-7007 Limitation of Government’s Obligation

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

52.236-16 QUANTITY SURVEYS (APR 1984)

52.236-17 LAYOUT OF WORK (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.236-5000 PLANT AND MATERIAL REMOVAL AFTER CONTRACT TERMINATION (MAR 1995)—

EFARS

52.248-3 VALUE ENGINEERING--CONSTRUCTION (FEB 2000)

52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

252.236-7002 OBSTRUCTION OF NAVIGABLE WATERWAYS. (DEC 1991)

ER 415-1-15

Tucson Drainage Area Project – Phase 2B W912PL-10-B-0010

Section 00800 - 2 Amendment 4

52.0001-4001 CONTRACT ADMINISTRATION DATA

The Contract Administration Office for this contract subsequent to award is:

Tucson Project Office, Bldg. 1605 Davis-Monthan AFB 5205 E. Comanche Street Tucson, AZ 85707 Attn: Julie Martinez

Payment will be made by:

USACE Finance Center

ATTN: CEFC-AO-P

5270 Integrity Drive Millington, TN 38054-5005

Submit Invoices to:

Tucson Project Office, Bldg. 1605 Davis-Monthan AFB 5205 E. Comanche Street Tucson, AZ 85707 Attn: Julie Martinez

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

(a) Base Bid (Basin # 3):

The Contractor shall be required to (a) commence work for the Base Bid (Basin # 3) 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 for the Base Bid ready for use not later than 270 Calendar Days. The time stated for completion shall include final cleanup of the premises.

(b) Increment 1 (Basin # 2):

The Contractor shall be required to (a) commence work under this contract for Increment # 1 (Basin # 2) within 10 calendar days after the date the Contractor receives the notice to proceed for this Increment,

(b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 Calendar Days. The time stated for completion shall include final cleanup of the premises.

(c) Increment 2 (Basin # 1):

The Contractor shall be required to (a) commence work under this contract for Increment # 2 (Basin # 1) within 10 calendar days after the date the Contractor receives the notice to proceed for this increment,

(b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 270 Calendar Days. The time stated for completion shall include final cleanup of the premises.

(d) Increment 3 (Channel Improvements) :

Tucson Drainage Area Project – Phase 2B W912PL-10-B-0010

Section 00800 - 3 Amendment 4

The Contractor shall be required to (a) commence work under this contract for Increment #3 (Channel Improvements) within 10 calendar days after the date the Contractor receives the notice to proceed for this increment, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 270 Calendar Days. The time stated for completion shall include final cleanup of the premises.

(e) Increment 4 (High School Wash Culvert):

The Contractor shall be required to (a) commence work under this contract for Increment # 4 (High School Wash Culvert) within 10 calendar days after the date the Contractor receives the notice to proceed for this increment, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 270 Calendar Days. The time stated for completion shall include final cleanup of the premises.

(f) Increment 1 and Increment 2:

If Increment 1 and Increment 2 are funded at the same time 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 for this increment, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 360 Calendar Days. The time stated for completion shall include final cleanup of the premises.

(g) Increment 1, Increment 2, and Increment 3:

If Increment 1, Increment 2, and Increment 3 are funded at the same time 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 for this increment, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 475 Calendar Days. The time stated for completion shall include final cleanup of the premises.

(h) Increment 1, Increment 2, Increment 3, and Increment 4:

If Increment 1, Increment 2, Increment 3, and Increment 4 are funded at the same time 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 for this increment, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 550 Calendar Days. 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 for base bid or for any increment, the Contractor shall pay liquidated damages to the Government in the amount of $1,386.00 for each calendar day of delay until the work is completed or accepted.

(b) In the event the base bid and any increment (or multiple increments) are simultaneously late on completion, the assessment of liquidated damages is limited to $1,386.00 for each calendar day.

(c) 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.

Tucson Drainage Area Project – Phase 2B W912PL-10-B-0010

Section 00800 - 4 Amendment 4

52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

52.211-18 -- Variation in Estimated Quantity.

As prescribed in 11.703(c), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated that authorizes a variation in the estimated quantity of unit-priced items:

VARIATION IN ESTIMATED QUANTITY (APR 1984)

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

(End of clause)

52.214-29 ORDER OF PRECEDENCE--SEALED BIDDING (JAN 1986)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a) the Schedule (excluding the specifications); (b) representations and other instructions; (c) contract clauses; (d) other documents, exhibits, and attachments; and (e) the specifications.

52.219-16 Liquidated Damages-Subcontracting Plan (JAN 1999)

(a) Failure to make a good faith effort to comply with the subcontracting plan, as used in this clause, http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/11.htm#P255_44795�

Tucson Drainage Area Project – Phase 2B W912PL-10-B-0010

Section 00800 - 5 Amendment 4 means a willful or intentional failure to perform in accordance with the requirements of the subcontracting plan approved under the clause in this contract entitled "Small Business Subcontracting Plan," or willful or intentional action to frustrate the plan.

(b) Performance shall be measured by applying the percentage goals to the total actual subcontracting dollars or, if a commercial plan is involved, to the pro rata share of actual subcontracting dollars attributable to Government contracts covered by the commercial plan. If, at contract completion or, in the case of a commercial plan, at the close of the fiscal year for which the plan is applicable, the Contractor has failed to meet its subcontracting goals and the Contracting Officer decides in accordance with paragraph (c) of this clause that the Contractor failed to make a good faith effort to comply with its subcontracting plan, established in accordance with the clause in this contract entitled “Small Business Subcontracting Plan,” the Contractor shall pay the Government liquidated damages in an amount stated.

The amount of probable damages attributable to the Contractor's failure to comply shall be an amount equal to the actual dollar amount by which the Contractor failed to achieve each subcontract goal.

(c) Before the Contracting Officer makes a final decision that the Contractor has failed to make such good faith effort, the Contracting Officer shall give the Contractor written notice specifying the failure and permitting the Contractor to demonstrate what good faith efforts have been made and to discuss the matter. Failure to respond to the notice may be taken as an admission that no valid explanation exists.

If, after consideration of all the pertinent data, the Contracting Officer finds that the Contractor failed to make a good faith effort to comply with the subcontracting plan, the Contracting Officer shall issue a final decision to that effect and require that the Contractor pay the Government liquidated damages as provided in paragraph (b) of this clause.

(d) With respect to commercial plans, the Contracting Officer who approved the plan will perform the functions of the Contracting Officer under this clause on behalf of all agencies with contracts covered by the commercial plan.

(e) The Contractor shall have the right of appeal, under the clause in this contract entitled Disputes, from any final decision of the Contracting Officer.

(f) Liquidated damages shall be in addition to any other remedies that the Government may have.

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS. (OCT 1995)

In accordance with Section 806(a)(3) of Pub. L. 102-190, as amended by Sections 2091 and 8105 of Pub.

L. 103-355, upon the request of a prospective subcontractor or supplier offering to furnish labor or material for the performance of this contract for which a payment bond has been furnished to the Government pursuant to the Miller Act, the Contractor shall promptly provide a copy of such payment bond to the requester.

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

Tucson Drainage Area Project – Phase 2B W912PL-10-B-0010

Section 00800 - 6 Amendment 4

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

52.228-14 IRREVOCABLE LETTER OF CREDIT (DEC 1999)

(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…