W912PL-16-R-0015_AM04.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

1 64

0004 Jul 21, 2016

W912PL

USACE, Los Angeles District Contracting Division, West Region branch 915 Wilshire Bl,14th Floor P.O. Box 532711 Los Angeles, CA 90053-2325

SEE ITEM 6.

W912PL-16-R-0015

Jun 23, 2016

FA ELC CAX Pave Access Road and Station Parking, Imperial County, California

The following Sections are amended or added: See SF-30 Continuation sheet.

All other terms and conditions remain unchanged.

INSTRUCTIONS

Instructions for items other than those that are self-explanatory, are as follows:

Item 1 (Contract ID Code) . Insert the contract type identification code that appears in the title block of the contract being modified.

Item 3 (Effective date) .

(1)

(2)

(3)

(4)

(5)

For a solicitation amendment, change order, or administrative change, the effective date shall be the issue date of the amendment, change order, or administrative change.

For a supplemental agreement, the effective date shall be the date agreed to by the contracting parties.

For a modification issued as an initial or confirming notice of termination for the convenience of the Government, the effective date and the modification number of the confirming notice shall be the same as the effective date and modification number of the initial notice.

For a modification converting a termination for default to a termination for the convenience of the Government, the effective date shall be the same as the effective date of the termination for default.

For a modification confirming the contacting officer's determination of the amount due in settlement of a contract termination, the effective date shall be the same as the effective date of the initial decision.

(a)

(b)

(c)

(d)

(e)

(f)

Item 6 (Issued By) . Insert the name and address of the issuing office. If applicable, insert the appropriate issuing office code in the code block.

Item 8 (Name and Address of Contractor) . For modifications to a contract or order, enter the contractor's name, address, and code as shown in the original contract or order, unless changed by this or a previous modification.

Item 9, (Amendment of Solicitation No. - Dated), and 10, (Modification of Contract/Order No. - Dated ). Check the appropriate box and in the corresponding blanks insert the number and date of the original solicitation, contract, or order.

Item 12 (Accounting and Appropriation Data) .

When appropriate, indicate the impact of the modification on each affected accounting classification by inserting one of the following entries.

(2) Accounting classification Net decrease $

Include subject matter or short title of solicitation/contract where feasible.

Item 16B . The contracting officer's signature is not required on solicitation amendments. The contracting offier's signature is normally affixed last on supplemental agreements.

(i)

NOTE: If there are changes to multiple accounting classifications that cannot be placed in block 12, insert an asterisk and the words "See continuation sheet".

Item 13 . Check the appropriate box to indicate the type of modification. Insert in the corresponding blank the authority under which the modification is issued. Check whether or not contractor must sign this document. (See FAR 43.103.)

Item 14 (Description of Amendment/Modification) .

Organize amendments or modifications under the appropriate Uniform Contract Format (UCF) section headings from the applicable solicitation or contract. The UCF table of contents, however, shall not be set forth in this document Indicate the impact of the modification on the overall total contract price by inserting one of the following entries:

Total contract price increased by $

Total contract price decreased by $

Total contract price unchanged.

State reason for modification.

When removing, reinstating, or adding funds, identify the contract items and accounting classifications.

When the SF 30 is used to reflect a determination by the contracting officer of the amount due in settlement of a contract terminated for the convenience of the Government, the entry in Item 14 of the modification may be limited to --

A reference to the letter determination; and

A statement of the net amount determined to be due in settlement of the contract.

(g)

(h)

(i)

(ii)

(1)

(2)

(3)

(4)

(5)

(6)

(i)

(ii)

(iii)

STANDARD FORM 30 (REV. 10-83) BACK

(1) Accounting classification Net increase $

FA ELC CAX Pave Access Road and Station Parking W912PL-16-R-0015 Imperial County, CA

SF-30-2

AMENDMENT 0004

Continuation from Block 14, SF-30 Amendment 04 of Solicitation

Amendment issued to add / revise the following of above-referenced solicitation:

1) Replace sections with included sections:

Section # Section Title

00 00 00 PROJECT TABLE OF CONTENTS

00 10 00 CLIN SCHEDULE

00 73 00 SUPPLEMENTARY CONDITIONS

01 22 00 MEASUREMENT AND PAYMENT

32 11 23 AGGREGATE BASE COURSE

32 12 16 HOT MIX ASPHALT (HMA) FOR ROADS

PROJECT TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

SF 1442 SOLICITATION, OFFER, AND AWARD Am 03 00 00 00 PROJECT TABLE OF CONTENTS Am 04

00 01 05 CERTIFICATION PAGE

00 10 00 CLIN SCHEDULE Am 04

00 21 00 INSTRUCTIONS

00 21 16 INSTRUCTIONS TO PROPOSERS Am 03

00 22 00 SUPPLEMENTARY INSTRUCTIONS

00 22 16 PROPOSAL SUBMISSION REQUIREMENTS

00 45 00 REPRESENTATIONS CERTIFICATIONS

00 70 00 CONDITIONS OF THE CONTRACT

00 73 00 SUPPLEMENTARY CONDITIONS Am 04 00 73 46 WAGE DETERMINTATION SCHEDULE Am 02

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 22 00 MEASUREMENT AND PAYMENT Am 04

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 32 01.00 06 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES Am 03

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

01 45 00.10 10 QUALITY CONTROL SYSTEM (QCS)

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS Am03

01 57 30 DIVERSION AND CONTROL OF WATER

01 78 00 CLOSEOUT SUBMITTALS

DIVISION 02 - EXISTING CONDITIONS

02 41 00 DEMOLITION AND DECONSTRUCTION

DIVISION 03 - CONCRETE

03 30 53 MISCELLANEOUS CAST-IN-PLACE CONCRETE

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 11 23 AGGREGATE BASE COURSE Am04 32 12 16 HOT-MIX ASPHALT (HMA) FOR ROADS Am04

32 17 24.00 10 PAVEMENT MARKINGS

32 31 13 CHAIN LINK FENCES AND GATES

DIVISION 33 - UTILITIES

33 30 01 MANHOLE AND PRECAST VAULT CONSTRUCTION

33 40 00 STORM DRAINAGE UTILITIES

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1 Amendment 04

Amendment 0004

1 EA

FA ELC CAX Pave Access Road and Station Parking

W912PL-16-R-0015

Section 00 10 00 Solicitation, Contract Line Item Number (CLIN) Schedule

FA ELC CAX Pave Access Road and Station Parking

Item Description Estimated

No. Quantity

Unit Unit Price Total Amount

0001 Concrete Pavement 1 JOB JA $ -

0002 Remove and Reinstall Concrete Wheel Stops 442 EA $ - $ -

0003 Excavation and Disposal 10,300 BCY $ - $ -

0004 Aggregate Base Course (ABC) 15,000 TON $ - $ -

0005 8 Feet Chainlink Fence (Dumpster Area) 90 LF $ - $ -

0006 Parking Lot HMA 19,400 SY $ - $ -

0007 Access Road HMA 4,800 SY $ - $ -

0008 Concrete V-Ditch 2,830 LF $ - $ -

0009 24 Inch Storm Drain Line (RCP) 250 LF $ - $ -

0010 Signage 9 EA $ - $ -

0011 Pavement Markings 4,200 LF $ - $ -

Stormwater Pollution Prevention Plan and

Implementation

0013 As-Built Drawings 1 EA $ - $ -

0014 DELETED

0015 Remove and Reinstall Fence 1,400 LF $ - $ -

0016 Riprap 600 SY $ - $ -

0017 Dumpster Pavement 1 JOB JA $ -

0018 Manholes 2 EA $ - $ -

0019 Catch Basin 2 EA $ - $ -

0020 2 Inch Water Line 175 LF $ - $ -

0021 2 Inch Fire Water Line 175 LF $ - $ -

0022 Electrical Conduits 380 LF $ - $ -

0023 4 Inch Sewer Line 175 LF $ - $ -

0024 Utility Survey 1 JOB JA $ -

TOTAL ESTIMATED AMOUNT $ -

(Line Items 0001 to 0024)

OFFEROR’S NOTES

1. Prices must be submitted on all individual items of the Solicitation, Contract Line Item Number (CLIN) Schedule. Failure to do so may cause the proposal to be determined “non-responsive.”

2. The proposer/offeror shall distribute his indirect costs (overhead, profit, bond, etc) over all items in the CLIN schedule. The Government will review all submitted Solicitation, CLIN schedules for any unbalancing of the items. Any submitted Solicitation, CLIN schedule determined to be unbalanced may cause the proposer to be ineligible for award.

3. The Proposer/offeror 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, to include all attachments thereto.

4. All extensions of the unit prices shown shall 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 proposal/offer. For the purpose of initial evaluation of proposal/offer, the following will be utilized in resolving arithmetic discrepancies found on the face of the Solicitation, CLIN schedule as submitted by the proposer/offeror:

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 extension of unit prices will be corrected;

d. Apparent error in addition of job amount and extended prices will be corrected.

5. Amounts and prices shall be indicated in either words or figures, not both.

Proposers/Offerors are cautioned to check their Solicitation, CLIN schedule carefully for errors prior to submission. If the Solicitation, CLIN schedule contains unit prices, they shall be extended to the actual amount and not rounded off. If the Price Schedule contains unit prices, they should be round off to the second decimal point only not extended further.

6. Quantities listed are estimated, the proposers/offerors unit prices must be firm.

7. If a modification to a bid based on unit prices is submitted which provides for a job amount adjustment to the total estimated amount, the application of the job amount adjustment to each unit price in the price schedule must be stated. If it is not stated, the proposer agrees that the job amount adjustment shall be applied on a pro rata basis to every unit price in the price schedule.

8. The job line items in the price schedule are not “estimated quantity” line items and are not subject to the “variation in estimated quantity” contract clause.

9. 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 a proper Notice of Assignment.

10. Payment of Electronic Funds Transfer (EFT) is the mandatory method of payment. The Contractors attention is directed to Contract Clause 52.232-33 “Mandatory Information for Electronic Funds Transfer” located in Section 00 70 00 Conditions of the Contract.

11. 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.

12. This solicitation does not commit the Government to pay any costs incurred in the preparation and submission of the initial and any subsequent proposals or for any costs incurred prior to execution of a formal contract.

--End of Section--

FA ELC CAX PAVE ACCESS ROAD AND STATION PARKING W912PL-16-R-0015

CALEXICO BORDER PATROL STATION

IMPERIAL COUNTY, CALIFORNIA

00 73 00-1

SECTION 00 73 00

Supplementary Conditions

CONTENTS

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

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

52.211-18 VARIATION IN ESTIMATED QUANTITY (AUG 1984)

52.236-4 PHYSICAL DATA (APR 1984)

52.236-16 QUANTITY SURVEYS (APR 1984)

52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS

252.236-7000 MODIFICATION PROPOSALS - PRICE BREAKDOWN (DEC 1991)

252.236-7013 REQUIREMENT FOR COMPETITION OPPORTUNITY FOR AMERICAN STEEL PRODUCERS, FABRICATORS, AND MANUFACTURERS (JUN 2013)

SECURITY CONTRACT LANGUAGE FOR ALL CORPS OF ENGINEERS' UNCLASSIFIED CONTRACTS

SAFETY REQUIREMENTS

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

CONTRACTOR PERFORMANCE EVALUATIONS

NOTICE TO CONTRACTOR

ALTERNATE STRUCTURED APPROACH TO WEIGHTED GUIDELINE METHOD FOR CONSTRUCTION CONTRACTS

(USACE ACQUISITION INSTRUCTION (UAI) 215.404-73-101)

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

Contractor Supply and Use of Electronic Software for Processing Davis-Bacon Act Certified Labor Payrolls – April

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)—USACE ACQUISITION

INSTRUCTION (UAI) 31.105-101

SCR_CT_005 REQUIRED INSURANCE SCHEDULE (Construction) (AUG 2008)

ACCRUALS

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

00 73 00-2

Section 00 73 00 Supplementary Conditions

52.211-10 COMMENCEMENT, PROSECUTION, AND

COMPLETION OF WORK (APR 1984)

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

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP

2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $2,200.00 for each calendar day of delay until the work is completed or accepted.

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

52.211-18 VARIATION IN ESTIMATED QUANTITY (AUG

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 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, 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. 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.

00 73 00-3

52.236-4 PHYSICAL DATA (APR 1984)

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

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by . . . . . . . . . [insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels].

(b) Weather conditions . . . . . . . . . (insert a summary of weather records and warnings).

(c) Transportation facilities . . . . . . . . . (insert a summary of transportation facilities providing access from the site, including information about their availability and limitations.

(d) . . . . . . . . . . (insert other pertinent information).

52.236-16 QUANTITY SURVEYS (APR 1984)

(a) Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

(b) The Government shall conduct the original and final surveys and make the computations based on them. The Contractor shall conduct the surveys for any periods for which progress payments are requested and shall make the computations based on these surveys. All surveys conducted by the Contractor shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance.

(c) Promptly upon completing a survey, the Contractor shall furnish the originals of all field notes and all other records relating to the survey or to the layout of the work to the Contracting Officer, who shall use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of all such material furnished to the Contracting Officer.

52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS

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

00 73 00-4

(c) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.

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

(3) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

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

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

(End of Clause)

252.236-7000 MODIFICATION PROPOSALS - PRICE

BREAKDOWN (DEC 1991)

(a) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the Contracting Officer, with any proposal for a contract modification.

(b) The price breakdown --

(1) Must include sufficient detail to permit an analysis of profit, and of all costs for --

(i) Material;

(ii) Labor;

(iii) Equipment;

(iv) Subcontracts; and

(v) Overhead; and

(2) Must cover all work involved in the modification, whether the work was deleted, added, or changed.

(c) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts.

(d) The Contractor's proposal shall include a justification for any time extension proposed.

252.236-7001 CONTRACT DRAWINGS AND

SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

00 73 00-5

(1) Check all drawings furnished immediately upon receipt;

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

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Drawing No.

252.236-7013 REQUIREMENT FOR COMPETITION

OPPORTUNITY FOR AMERICAN STEEL PRODUCERS,

FABRICATORS, AND MANUFACTURERS (JUN 2013)

(a) Definition. Construction material, as used in this clause, means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work.

(b) The Contractor shall provide American steel producers, fabricators, and manufacturers the opportunity to compete when acquiring steel as a construction material (e.g., steel beams, rods, cables, plates).

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in any subcontract that involves the acquisition of steel as a construction material, including subcontracts for the acquisition of commercial items.

00 73 00-6

SECURITY CONTRACT LANGUAGE FOR ALL CORPS OF

ENGINEERS' UNCLASSIFIED CONTRACTS

A. AUTOMATED INFORMATION SYSTEM (AIS) EFFORT

All Contractor employees (U.S. citizens and Non- U.S. citizens) working under this contract (to include grants, cooperative agreements and task orders) who require access to Automated Information Systems (AIS), (stand alone computers, network computers/systems, e-mail) shall, at a minimum, be designated into an ADP-III position (non-sensitive) in accordance with DoD 5220-22-R, Industrial Security Regulation. The investigative requirements for an ADP-III position are a favorable National Agency Check (NAC), SF-85P, Public Trust Position. The contractor shall have each applicable employee complete a SF-85P and submit to the Los Angeles District, ATTN: CESPL-P.O Box 532711, Los Angeles, California 90053 Security Officer within three (3) working days after award of any contract or task order, and shall be submitted prior to the individual being permitted access to an AIS. Contractors that have a commercial or government entity (CAGE) Code and Facility Security Clearance through the Defense Security Service shall process the NACs and forward visit requests/results of NAC to the Los Angeles District Security Officer. For those contractors that do not have a CAGE Code or Facility Security Clearance, the Los Angeles District Security Office will process the investigation in coordination with the Contractor and contract employees.

B. NATIONAL INFRASTRUCTURES EFFORTS

Contractor employees scheduled to access the Homeland Security determined National Infrastructures, i.e., Powerhouses, Switchyards, Locks/Dams or other restricted/sensitive areas are required to submit a State Bureau of Investigation Criminal Records (History) Check from the state where the work will be performed to the Contracting Officer no later than ten (10) working days after contract award. In addition to providing the individual Criminal Records (History) Check, contractor employees scheduled to have access to the National Infrastructures for six (6) months or longer required a favorable Public Trust Background Investigation (SF-85P), which includes fingerprints (FD-258). Contractor employees may have the finger print card (FD-258) completed by local law enforcement anyone qualified in the Los Angeles District Field Offices, or by making an appointment with the District Security Officer, Captain Seabrook, 915 Wilshire Blvd, Ste 1100, Los Angeles, and California 90017; Phone Number 213-283- 2220. The contractor shall have each applicable employee provide the completed SF-85P and FD-258 to the Los Angeles Security Office as soon as possible after contract award, but definitely prior to the employee being permitted access to the work area.

C. FOREIGN NATIONALS

Contractor employees scheduled to access the Homeland Security determined National Infrastructures, i.e., Powerhouses, Switchyards, Locks/Dams or other restricted/sensitive areas are required to submit a State Bureau of Investigation Criminal Records (History In accordance with Engineering Regulation, ER 380-1-18, Section 4, foreign nationals who work on Corps of Engineers' contracts or task orders shall be approved by the HQUSACE Foreign Disclosure Officer or higher before beginning work on the contract/task order. This regulation includes subcontractor employees. (NOTE: exceptions to the above requirement include foreign nationals who perform janitorial and/or ground maintenance services.) The contractor shall submit to the Division/District Contract Office, the names of all foreign nationals proposed for performance under this contract/task order, along with documentation to verify that he/she was legally admitted into the United States and has authority to work and/or go to school in the US. Such documentation may include a US passport, Certificate of US citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), foreign passport with I-551 stamp or attached INS Form I-94 indicating employment authorization, Alien Registration Receipt Card with photograph (INS Form I-151 or I-551), Temporary Resident Card (INS Form I-688), Employment Authorization Card (INS Form I-688A), Reentry Permit (INS Form I-327), 00 73 00-7

Refugee Travel Document (INS Form I-571), Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B).

Classified contracts require the issuance of a DD Form 254 (Department of Defense Contract Security Classification Specification).

SAFETY REQUIREMENTS

The bidder's attention is directed to the latest version of U.S Army Corps of Engineers Safety and Health Manual, EM 385-1-1, which will be strictly enforced. This publication may be obtained online and is available for download at:

http://www.publications.usace.army.mil/USACEPublications/EngineerManuals.aspx

Hard Copies are available from the Associated General Contractors of America, (Item #3607). The U.S. Government Printing Office is sold out of its inventory of the manual. Any other Safety and Occupational specific questions can be addressed to: US Army Engineer District - Los Angeles, ATTN: Safety Office, 915 Wilshire Blvd, Ste. 930, Los Angeles CA 90017.

(End of special contract requirement)

TIME EXTENSIONS 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 than 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 or negligence of the Contractor. 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 evaluations. 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 (5) DAY WORK WEEK

JAN

FEB

MAR

APR

MAY JUN JUL AUG SEP OCT

NOV

DEC

1 2 1 0 0 1 6 5 1 1 1 2

Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on 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 workday. 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 listed above, the Contracting Officer will convert any qualifying delays to calendar

00 73 00-8 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)".

CONTRACTOR PERFORMANCE EVALUATIONS

In accordance with the provisions of Subpart 36.201(Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $650,000.00, the USACE will evaluate contractor’s performance and prepare a performance report using the Construction Contractor Appraisal Support System (CPARS) which is now a web based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. The CPARS will notify the contractor with an electronic message when a completed performance evaluation is available for their retrieval from CPARS or the Past Performance Information Retrieval System (PPIRS) for finalized evaluation. (End of special contract requirement)

NOTICE TO CONTRACTOR

Only a warranted Contracting Officer (either a Procuring Contracting officer (PCO), or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

ALTERNATE STRUCTURED APPROACH TO WEIGHTED

GUIDELINE METHOD FOR CONSTRUCTION CONTRACTS

(USACE ACQUISITION INSTRUCTION (UAI) 215.404-73-101)

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

Factor Rate

Factor Rate Weight Value

Degree of risk 20

Relative difficulty of work 15

Size of job 15

Period of performance 15

Contractor's investment 5

Assistance by Government 5

Subcontracting 25

00 73 00-9

TOTAL 100%

(b) Based on the circumstances of the procurement action, each of the above factors shall be weighted from 0.03 to 0.12, as indicated below. “Value” shall be obtained by multiplying the rate by the weight. The value column, when totaled, indicates the fair and reasonable profit percentage under the circumstances of the particular procurement.

(1) Degree of risk. Where the work involves no risk or the degree of risk is very small, the weighting should be 0.03; as the degree of risk increases, the weighting should be increased up to a maximum of 0.12. Lump sum items shall generally have a higher weight than unit price items.

Consider the nature of subcontractors, amount and type of labor included in costs and whether the negotiation is before or after performance of the work. Modifications, settled before the fact, have a much greater risk than those settled after the fact. A weight of 0.03 is appropriate for after the fact equitable adjustments and/or settlements.

(2) Relative Difficulty of Work. If the work is difficult and complex, the weight should be 0.12 and should be proportionately reduced to 0.03 on the simplest of jobs. This factor is tied in to some extend with the degree of risk. Other things to consider are the nature of the work, by whom it is to be done (i.e., subcontractors, consultants), etc.

(3) Size of Job. Work of $100,000 shall be weighted at 0.12. Work estimated between $100,000 and $5,000,000 shall be proportionately weighted from 0.12 to 0.05. Work from $5,000,000 to $10,000,000 shall be weighted at 0.04. Work in excess of $10,000,000 shall be weighted at 0.03.

It should be noted that control of fixed expenses generally improves with increased job magnitude.

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

0.03. Durations between 1 and 24 months are to be proportionately weighted between 0.03 and

0.12. Work in excess of 24 months is to be weighted at 0.12.

(5) Contractor’s Investment. To be weighted from 0.03 to 0.12 on the basis of below average, average and above average. Consider the amount of subcontracting, Government-furnished property or data, such as surveys, method of making progress payments, and any mobilization payment items.

(6) Assistance by Government. To be weighted from 0.12 to 0.03 on the basis of average to above average. Consider use of Government-owned property, equipment and facilities, expediting assistance, etc.

(7) Subcontracting. To be weighted inversely proportional to the amount of subcontracting.

Where 80 percent or more of the work is to be subcontracted, use 0.03. The weighting should be increased proportionately to 0.12 where all the work is performed by the contractor’s own forces.

00 73 00-10

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR

OTHER PERSONNEL

Authorities/Technical Direction: The Contractor shall take no direction from any Government employee or any other person other than the Government contracting Officer that changes the terms and conditions of this contract action, the scope, or any change that impacts the cost, price, or schedule. Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the contract action received by the Contract before the Contractor will act upon those changes. The Contract will comply with the Changes clause of this contract when the contractor believes direction has been given from persons other than the Government Contracting Office that equate to a change by notifying the Contracting Officer as directed by the clause. Any direction given by any Government employee or any other person outside their authority must be reported to the Contracting Officer. Contracting Officer Representative (CORs) are limited to the authorities stated in the COR appointment letters. If a COR is appointed under this contract, they will be appointed by written letter from the Contracting Officer to the Contractor and COR specific to this contract only. COR appointment letters from previous contract at this installation are not valid for this contract

Contractor Supply and Use of Electronic Software for Processing Davis-Bacon Act Certified Labor Payrolls – April

(a) The contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Davis-Bacon Act as stated in FAR clause 52.222-8, Payrolls and Basic Records and FAR clause 52.222-13, Compliance with Davis-Bacon and Related Act Regulations.

(b) If the contractor elects to use an electronic Davis-Bacon Act payroll processing system, then the contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the contractor to comply with Davis-Bacon and Related Act Regulations. When the contractor uses an electronic Davis-Bacon Act payroll system, the electronic payroll service shall be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the contractor chooses to use an electronic Davis-Bacon Act payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the Davis-Bacon and Related Act Regulations over the

00 73 00-11 duration of this construction contract. The access shall include electronic review access by the Government contract admin office to the electronic payroll processing system used by the contractor.

(c) The contractor’s provision and use of an electronic payroll processing system shall meet the following basic functional criteria: commercially available; compliant with appropriate Davis Bacon Act payroll provisions in the FAR; able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract; capable of producing an Excel spreadsheet- compatible electronic output of weekly payroll records (format at http://rms.usace.army.mil/guides.aspx) for export in an Excel spreadsheet to be imported into the contractor’s Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll data to the Government’s Resident Management System (RMS); demonstrated security of data and data entry rights; ability to produce contractor-certified electronic versions of weekly payroll data; ability to identify erroneous entries and track the data/time of all versions of the certified Davis-Bacon Act payrolls submitted to the government over the life of the contract; capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic D-B payroll processing system shall be provided to the Government during contract closeout.

(d) All contractor-incurred costs related to the contractor’s provision and use of an electronic payroll processing service shall be included in the contractor’s price for the overall work under the contract. The costs for Davis-Bacon Act compliance using electronic payroll processing services shall not be a separately bid or reimbursed item under this contract.

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE

SCHEDULE (MAR 1995)—USACE ACQUISITION

INSTRUCTION (UAI) 31.105-101

(a) This special contract requirement does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region VII. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using

00 73 00-12 the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36, Renal Costs. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the small purchase threshold, the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

SCR_CT_005 REQUIRED INSURANCE SCHEDULE

(Construction) (AUG 2008)

In accordance with the contract clause 52.228-5, Insurance—Work on a Government Installation, the contractor shall procure and maintain during the entire period of contract performance under this contract the following minimum insurance:

Type Amount

Workmen’s Compensation coverage complying with applicable state statutes

Employer’s Liability minimum amount of $100,000.00

General Liability on minimum limits of $500,000.00 per occurrence for bodily Comprehensive form of policy injury which includes, but is not limited to, insurance for work required herein

Comprehensive Automobile minimum limits of $200,000 per person and $500,000 per Liability occurrence for bodily injury and $20,000 per occurrence For property damage

(End)

ACCRUALS

In accordance with USACE Engineer Financial Regulation (ER) 37-1-30, and other applicable Federal and DOD financial accounting standards, the Contractor is required to assist government personnel with providing reasonably accurate accrual

00 73 00-13 estimates. The accrual is from the thru date of the period of performance (Eng Form 93, block 9) to the end for the month of the value of goods and/or services rendered/expected to be rendered to the Government pursuant to this contract. This is for each calendar month during which goods and services are delivered. Standard forms with instructions will be provided by the Government to assist with meeting this requirement. These monthly estimates, which facilitate timely entry of accruals, must be received by the Government on or before six (6) business days prior to each calendar month-end.

Please contact Mr. Richard Wagner 213-452-3307 or email at Richard.S.Wagner@usace.army.mil for further information.

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

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:

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 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_0.pdf

SECTION 01 22 00 Page 1 Amendment 04

SECTION TABLE OF CONTENTS DIVISION

01 - GENERAL REQUIREMENTS SECTION

01 22 00

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 JOB AMOUNT PAYMENT ITEMS

1.1.1 CONCRETE PAVEMENT (0001)

1.1.1.1 Payment

1.1.1.2 Unit of Measure

1.1.2 DELETED (0014)

1.1.3 DUMPSTER PAVEMENT (0017)

1.1.3.1 Payment

1.1.3.2 Unit of Measure

1.1.4 UTILITY SURVEY (0024)

1.1.4.1 Payment

1.1.4.2 Unit of Measure

1.2 UNIT PRICE PAYMENT ITEMS

1.2.1 REMOVE AND REINSTALL CONCRETE WHEEL STOPS (0002)

1.2.1.1 Payment

1.2.1.2 Measurement

1.2.1.3 Unit of Measure

1.2.2 EXCAVATION AND DISPOSAL (0003)

1.2.2.1 Payment

1.2.2.2 Measurement

1.2.2.3 Unit of Measure

1.2.3 AGGREGATE BASE COURSE (ABC) (0004)

1.2.3.1 Payment

1.2.3.2 Measurement

1.2.3.3 Unit of Measure

1.2.4 8 FEET CHAINLINK FENCE (DUMPSTER AREA) (0005)

1.2.4.1 Payment

1.2.4.2 Measurement

1.2.4.3 Unit of Measure

1.2.5 HOT MIX ASPHALT (0006, 0007)

1.2.5.1 Payment

1.2.5.2 Measurement

1.2.5.3 Unit of Measure

1.2.6 CONCRETE V-DITCH (0008)

1.2.6.1 Payment

1.2.6.2 Measurement

1.2.6.3 Unit of Measure

1.2.7 24 INCH STORM DRAIN LINE (RCP) (0009)

1.2.7.1 Payment

1.2.7.2 Measurement

1.2.7.3 Unit of Measure

1.2.8 SIGNAGE (0010)

1.2.8.1 Payment

1.2.8.2 Measurement

1.2.8.3 Unit of Measure

1.2.9 PAVEMENT MARKINGS (0011)

1.2.9.1 Payment

1.2.9.2 Measurement

SECTION 01 22 00 Page 2 Amendment 04

1.2.9.3 Unit of Measure

1.2.10 STORMWATER POLLUTION PREVENTION PLAN AND IMPLEMENTATION (0012)

1.2.10.1 Payment

1.2.10.2 Measurement

1.2.10.3 Unit of Measure

1.2.11 AS-BUILT DRAWINGS (0013)

1.2.11.1 Payment

1.2.11.2 Measurement

1.2.11.3 Unit of Measure

1.2.12 REMOVE AND REINSTALL FENCE (0015)

1.2.12.1 Payment

1.2.12.2 Measurement

1.2.12.3 Unit of Measure

1.2.13 RIPRAP (0016)

1.2.13.1 Payment

1.2.13.2 Measurement

1.2.13.3 Unit of Measure

1.2.14 MANHOLES (0018)

1.2.14.1 Payment

1.2.14.2 Measurement

1.2.14.3 Unit of Measure

1.2.15 CATCH BASIN (0019)

1.2.15.1 Payment

1.2.15.2 Measurement

1.2.15.3 Unit of Measure

1.2.16 2 INCH WATER LINE (0020)

1.2.16.1 Payment

1.2.16.2 Measurement

1.2.16.3 Unit of Measure

1.2.17 2 INCH FIRE WATER LINE (0021)

1.2.17.1 Payment

1.2.17.2 Measurement

1.2.17.3 Unit of Measure

1.2.18 ELECTRICAL CONDUITS (0022)

1.2.18.1 Payment

1.2.18.2 Measurement

1.2.18.3 Unit of Measure

1.2.19 4 INCH SEWER LINE (0023)

1.2.19.1 Payment

1.2.19.2 Measurement

1.2.19.3 Unit of Measure

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section Table of Contents --

SECTION 01 22 00 Page 3 Amendment 04

SECTION 01 22 00

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 JOB AMOUNT PAYMENT ITEMS

Payment items for the work of this contract for which contract job amount payments will be made are listed in the BID SCHEDULE and described below.

All costs for items of work, which are not specifically mentioned to be included in a particular job amount must be included in the listed job amount item most closely associated with the work involved. The job amount price and payment made for each item listed will constitute full compensation for furnishing all plant, labor, materials, and equipment and performing all Contractor quality control, environmental protection, meeting safety requirements, tests and reports, costs incurred for all disposal fees and permit fees, and all work required for which…