13-102-SOL-00006_Mission_Beach_WWTP_Improvements_IFB.pdf

Mission Beach Wastewater System Improvements 08/19/14

A-2 SCHEDULE OF ITEMS

Schedule of Items Tulalip Wastewater Treatment Plant and Lift Station No.3 Renovation Project

Item No.

Description Base Items

Quantity

Unit Unit Price

Total Price

1. Mobilization/Demobilization 1 LS $ $

2. Wastewater Treatment Facility Improvements 1 LS $ $

3. Trench Excavation Safety Systems 1 LS $ $

4. Unsuitable Excavation 24 CY $ $

5. Locate Service and Potholing 1 LS $ $

Total Base Bid Items $

Item No.

Description Option Items

Quantity

Unit Unit Price

Total Price

6. 125KW Generator Option** 1 LS $ $

7. Lift Station No. 3 Improvements*** 1 LS $ $

8. Forcemain Replacement*** 21 LF $ $

9. Sewer Video Inspection of Forcemain*** 425 LF $ $

10. Manhole Adjustment to Road Grade*** 1 LS $ $

Total Bid, All Items $

* Quantities are Actual Quantity for Lump Sum (LS), Estimated Quantities for Cubic Yard (CY) and Linear Feet (LF)

** Option Item 6 decision to award will occur at the time of base award. Option Item 6 is the additional price for the larger capacity generator and electrical service upgrade from 200 Amp to 400 Amp facility electrical system.

*** Option Items 7 through 10 will be awarded no later than 02/27/2015.

A-3 QUESTIONS REGARDING SOLICITATION

Please submit questions in writing in advance of the meeting to the contracting officer no later than 12:00 noon 09/02/2014 at Jane.Stuessy@ihs.gov.

A-4 SOLICITATION SECTIONS TO BE RETURNED WITH BID

All bids must contain the following forms properly executed:

1. Solicitation, Offer, and Award Form (Standard Form 1442) and the Schedule of Items, completed, totaled (where applicable) and signed;

2. Bid Bond, SF Form 24, required;

3. Section K, Representations, Certifications and Other Statements of Offerors, completed.

A-5 PRE-BID SITE MEETING

The Government strongly recommends bidders attend the pre-bid meeting held on site on 09/03/2014 at mailto:Jane.Stuessy@ihs.gov

10:00 AM PDT at the Mission Beach Wastewater Treatment Plant located at 3015 Mission Beach Drive, Tulalip, WA 98271. Register for the meeting by contacting Mike Wynne at (206)615-2805 or

Mike.Wynne@ihs.gov.

A-6 INTENT TO AWARD

The Government intends to award this project on or about October 29, 2014 and work is expected to begin on or about November 19, 2014.

mailto:Mike.Wynne@ihs.gov

Table of Contents A. Solicitation/Contract Form

A-1 STANDARD FORM 1442

A-2 SCHEDULE OF ITEMS

A-3 QUESTIONS REGARDING SOLICITATION

A-4 SOLICITATION SECTIONS TO BE RETURNED WITH BID

A-5 PRE-BID SITE MEETING

A-6 INTENT TO AWARD

B. Supplies or Services/Prices

B-1 CONTRACT TYPE

B-2 DEFINITIONS

B-3 ACCEPTANCE/AWARD OF SOLICITATION ITEMS

C. Description/Specifications D. Packaging and Marking E. Inspection and Acceptance

E-1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

F. Deliveries or Performance

F-1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F-2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984) 11

F-3 TERO TAX

G. Contract Administration Data

G-1 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

G-2 PAYMENT PROCESS

H. Special Contract Requirements

H-1 SUBCONTRACTS

H-2 SUBCONTRACTING

H-3 COORDINATION OF TRADES

H-4 STANDARD REFERENCES

H-5 SPECIFICATIONS AND DRAWINGS

H-6 AS BUILT DRAWINGS

H-7 PRODUCT APPROVAL

H-8 INSURANCE

H-9 PROJECT OFFICER

H-10 EXISTING WORK

H-11 TRUCKING

H-12 HOURS OF WORK

H-13 SITE OWNERSHIP

H-14 EQUITABLE ADJUSTMENTS DUE TO CHANGES

H-15 PERMITS

H-16 PERFORMANCE AND PAYMENT BONDS

H-17 TULALIP TRIBAL SOVEREIGNTY

H-18 PROHIBITIONS AGAINST LIENS

H-19 ARCHAEOLOGICAL AND HISTORICAL OBJECTS

H-20 DRUG FREE WORK PLACE

PART II – CONTRACT CLAUSES

I. Contract Clauses

I-1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I-2 52.217-7 OPTION FOR INCREASED QUANTITY - SEPARATELY PRICED LINE ITEM

(MAR 1989)

I-3 52.219-17 SECTION 8(a) AWARD (DEC 1996) I-4 52-219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a) CONCERNS

(JUN 2003), ALT. 1 (APR 2005)

I-5 52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (MAY 2014)

I-6 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

I-7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J. List of Documents, Exhibits and Other Attachments

J-1 TECHNICAL SPECIFICATIONS

J-2 CONTRACT DRAWINGS

J-3 CONTRACT ADDENDUM

J-4 EXHIBITS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

K. Representations, Certifications, and Other Statements of Bidders

K-1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2014)

K-2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

K-3 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012)

K-4 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN

SUDAN – CERTIFICATION (AUG 2009)

L. Instructions, Conditions, and Notices to Bidders

L-1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998).33

L-2 MAGNITUDE OF THE PROPOSED CONSTRUCTION PROJECT

L-3 FACSIMILE BIDS

L-4 AVAILABILITY OF BID DOCUMENTS

L-5 52.216-1 TYPE OF CONTRACT (APR 1984)

L-6 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

L-7 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT-CONSTRUCTION

MATERIALS (MAY 2014)

L-8 52.233-2 SERVICE OF PROTEST (SEP 2006)

L-9 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

L-10 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF

THE WORK (MAY 2014)

M-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

M-2 EVALUATION CRITERIA

M-3 PRICE EVALUATION

B. Supplies or Services/Prices

The Contractor shall furnish all necessary personnel, material, equipment, services, and facilities (except as otherwise specified), to complete the Mission Beach Wastewater System Improvements project in accordance with the contract documents, specifications, and drawings included in this solicitation and resulting contract. In order to be considered responsive to the terms and conditions of this solicitation, the bidder must propose on all items listed in the schedule.

B-1 CONTRACT TYPE

This is a firm fixed price type contract for construction services.

B-2 DEFINITIONS

For purposes of this solicitation, the term offer, offeror, or offerors is synonymous with bid, bidder, or bidders.

B-3 ACCEPTANCE/AWARD OF SOLICITATION ITEMS

The Government reserves the right to make award on any item or group of items. In no event shall the award of this solicitation result in multiple awards.

The Government anticipates a base award of Schedule of Items Numbers 1 through 5. Option Items 6 through 10 may or may not be awarded but if awarded, will be awarded no later than 02/27/2015. Option

Items are considered mutually exclusive and the Government reserves the right to award one, any combination of, or all Option Items.

C. Description/Specifications

The contractor shall furnish all labor, personnel, material, equipment, tools, appliances, supplies, services, permits, insurance, supervision and facilities to make improvements to the Tulalip Mission Beach

Wastewater Treatment Plant and lift station no. 3 in accordance with the statement of work, drawings, and specifications referenced as attachments in section J.

D. Packaging and Marking

[For this Solicitation, there are NO clauses in this Section.]

E. Inspection and Acceptance

E-1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the

Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the

Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the

Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting

Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

F. Deliveries or Performance

F-1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation

Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED

BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

Number Title Date

52.242-14 SUSPENSION OF WORK APR 1984

F-2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984)

The Contractor shall be required to (a) commence work under this contract within fourteen (14) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete ready for use not later than 365 days after the effective date of the notice to proceed.

The time stated for completion shall include final cleanup of the premises.

F-3 TERO TAX

The Contractor shall be responsible for all Tribal Employee Rights Organization (TERO) fees and adhering to TERO ordinances and Tribal taxes as required by the TERO Office of the Tulalip Indian Reservation.

Any TERO fees or assessments shall be included in the contractor’s base bid. Information can be found at www.tulaliptero.com or by calling (360) 716-4747.

http://www.tulaliptero.com/

G. Contract Administration Data

G-1 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The following is considered administrative information and is therefore subject to unilateral administrative modification by the Contracting Officer. This section complies with HHSAR subsection 301.604, which authorizes a warranted Contracting Officer to delegate Contracting Officer responsibilities to technical or non-acquisition personnel.

The Contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR) and shall have the following authorities and responsibilities unless otherwise specified in the notice of appointment:

The COR is responsible for: Technical approval of submittals; clarification of the contract requirements, fills in details or otherwise serves to accomplish the contractual scope of work; Evaluation of performance and progress for payment and acceptance. Within the limits of authority described herein, the COR may act in lieu of the Contracting Officer for actions of the type described in paragraph (b) of the clause at FAR

52.236-21, Specifications and Drawings for Construction.

The COR does not have the authority to alter the Contractor’s obligations under the contract; make final acceptance of work; direct changes that fall within the purview of the “Changes” clause of the contract; or modify any of the terms, conditions, specifications, or cost of the contract.

G-2 PAYMENT PROCESS

(a) FAR 52.232-5, Payments Under Fixed Price Construction Contracts, requires that before the first progress payment under the contract is submitted, the contractor shall prepare a schedule, in the detail requested by the Contracting Officer, of the estimated values of each principal category of the work which when added together equal the total contract price.

(b) The following are instructions for submitting pay requests:

(1) The designated billing office for this contract is identified on the contract award form, SF

1442, Block 27.

(2) The Contractor is responsible for delivery of each request for payment to the billing office, and electronic copy in PDF to the contracting officer. Hand delivery to the COR does not constitute delivery to the billing office.

(3) If the contractor wishes to inquire concerning the status of any pay request, the contractor should contact the billing office.

(4) A completed Release of Claims that complies with the requirements of the “Payments” clause must be submitted with the request for final payment. A sample format is available upon request from the Contracting Officer.

(c) The final payment request will be rejected and returned to the contractor if all items required under the contract have not been completed, submitted, approved, and accepted prior to the receipt of the request;

e.g., deficient work items, as built drawings, payrolls, reports, O&M manuals, delivery of extra stock material, etc.

H. Special Contract Requirements

H-1 SUBCONTRACTS

(a) Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the contractor in dividing the work among subcontractors, or to limit the work performed by any trade.

(b) The contractor shall be responsible to the Government for acts and omissions of his own employees, and of subcontractors and their employees. He shall also be responsible for the coordination of the work of the trades, subcontractors, and suppliers.

(c) The Government will not undertake to settle any differences between or among the contractor and his subcontractors or suppliers.

(d) The contractor shall, without additional expense to the Government employ specialty subcontractors where required by the specifications. "Specialty Subcontractors," when specified as a requirement, means a subcontractor regularly engaged in the manufacture or installation of the contract items. The specialty subcontractor shall select and combine the materials involved, maintain and have available for the purpose, workmen skilled in the specified work. The specialty subcontractor shall be the manufacturer, be licensed by the manufacturer as an installer, or work under direct supervision of the manufacturer.

H-2 SUBCONTRACTING

(a) In connection with the performance of work under this contract, the contractor shall not subcontract with any subcontractor who, at the time of subcontract award, is listed on the current GSA's Lists of Parties

Excluded from Procurement and Non-procurement Programs, unless otherwise authorized by the

Government in accordance with Subpart 9.4 of the Federal Acquisition Regulations.

(b) The List of Parties Excluded from Procurement and Non-procurement Programs is available at https://www.sam.gov/index.html/#1 which is the System of Award Management website that cites contractors and their status.

(c) In the event of the contractor's noncompliance with the foregoing requirements, the Government may terminate this contract for default or take other appropriate action, including, but not limited to, requiring the contractor to terminate any such subcontract and substitute an eligible subcontractor in lieu thereof, at no increase in the contract price or time for performance.

(d) The term "subcontractor," as used in this clause, shall mean the individual or firm with whom the contractor proposes to enter into a subcontract for manufacturing, fabricating, installing, or otherwise performing work under this contract.

(e) Within ten (10) days after contract award, the contractor shall furnish to the Contracting Officer in writing a list of all subcontractors scheduled to perform work under the contract.

(f) The contractor shall include the provisions of paragraphs a., b., and d. of this clause in every subcontract hereunder.

H-3 COORDINATION OF TRADES

The drawings are in part diagrammatic and show the general arrangement of ducts, piping, conduits, etc., of mechanical and electrical work. The contractor shall have a competent and registered engineer to coordinate all fieldwork and shop drawings of the various trades prior to installation and for submission of coordinated shop drawings for approval. Spaces shall be allotted to the various trades prior to the https://www.sam.gov/index.html/#1 installation of the work. In spaces where all the various installations cannot be accommodated, the contractor shall, prior to fabrication or installation of work, notify the Contracting Officer and submit suggestions as to the solution. The contractor shall be responsible for the coordination of the various trades involving location and size of all sleeves, electric outlets, inserts, piping, shafts, conduits, hangers, ducts, and similar installations.

H-4 STANDARD REFERENCES

(a) Any materials, equipment, or workmanship specified by reference to the number, symbol, or title of any specific standard shall comply with the latest edition or revision thereof, and any amendment or supplement thereto, in effect on the date of the solicitation, except as limited to type, class or grade, or modified in the specifications.

(b) Standards referred to in the plans and specifications, except as modified, shall have full force and effect as though printed in the plans and specifications.

(c) The contractor shall maintain on the site, a complete current set of manufacturers' and standards referenced from work under the contract.

H-5 SPECIFICATIONS AND DRAWINGS

FAR 52.236-21, Specification and Drawings for Construction, states that the "Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided." The following will be provided by the Contracting Officer: The contract drawings and specifications will be furnished to the contractor in electronic PDF to be provided after issuance of the

Notice to Proceed. The Technical Specification attachments provided with this contract shall be considered level (D) of the Order of Precedence in accordance with FAR 52.214-29.

The intent of the drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the work in accordance with the contract documents and all incidental work necessary to complete the project in an acceptable manner, ready for use, occupancy or operation by the Government.

In case of conflict between the drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govern over scale dimensions, and detailed drawings shall govern over general drawings.

Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be reported immediately to the Contract Officer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the

Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the

Contractor's risk.

H-6 AS BUILT DRAWINGS

The contractor shall maintain during the progress of the work one (1) set of completed and up to date blue line drawings, which shall be available for inspection by the Contracting Officer at any time. These drawings shall be marked up to record all changes in the work as they occur, and the exact location of all exposed and concealed pipe runs, valves, plugged outlets, cleanouts and other control points including, but not limited to, electrical conduits, and ducts, mechanical valves, shut-off switches, etc., in such a manner as will provide a complete, accurate as built record. The location of pipes or control points concealed underground, under concrete, in chases or above hung ceilings shall be dimensioned. In-progress as-built documentation will be reviewed with each progress payment request as a required element. The completed set of as built paper reproducible drawings shall be delivered to the Contracting Officer, in a condition satisfactory to him. As built shall be submitted for review/approval as a condition precedent to the request for final inspection of the work.

H-7 PRODUCT APPROVAL

FAR 52.236-5, Material and Workmanship, states "[w]hen required by this contract or by the Contracting

Officer, the contractor shall also obtain the Contracting Officer's approval of the materials or articles which the contractor contemplates incorporating into the work. When requesting approval, the contractor shall provide full information concerning the material or articles. When directed to do so, the contractor shall submit samples for approval at the contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection."

(a) Approval of proposed materials or articles shall be only for the characteristics or use named in such approval and shall not be construed to change or modify any contract requirements, or relieve the

Contractor from any contract requirement. Before submitting requests for product approval, the Contractor shall assure himself that the materials or equipment will be available in the quantities required. No change or substitution of approved materials or articles will be permitted after a request has been approved.

(b) Materials and equipment incorporated in the work shall match the approved materials or articles. If requested, approved samples, including those that may be damaged in testing, will be returned to the contractor, at his expense, upon completion of the contract. Samples not approved will also be returned at

Contractor expense, if so requested.

(c) Failure of any material to pass the specified tests will be sufficient cause for refusal to consider, under this contract, any further requests for approval of the same brand or make of that material. The

Government reserves the right to disapprove any material or equipment that previously has proved unsatisfactory in service.

(d) Deviations from the contract requirements shall be specifically pointed out in transmittal letters. Failure to point out deviations may result in subsequent rejection and removal of such work at no additional cost to the Government.

(e) Samples of various materials or equipment delivered on the site or in place may be taken by the

Contracting Officer for testing. Samples failing to meet contract requirements will automatically void previous approvals. The contractor shall replace such materials or equipment to meet contract requirements, or there shall be an adjustment of the contract price as determined by the Contracting Officer.

(f) When tests are required, only one test of each sample proposed for use will be made at the expense of the Government. Samples which do not meet specification requirements will be rejected. Testing additional samples will be done by the Government at the expense of the contractor.

(g) The contractor shall furnish additional certification on conformance to the specification requirements as may be requested by the Contracting Officer.

H-8 INSURANCE

FAR 52.228-5, Insurance Work on a Government Installation, states that "The contractor shall, at its own expense, provide and maintain during the entire performance period of this contract, at least the kinds and minimum amounts of insurance required in the schedule or elsewhere in the contract." The following is the minimum insurance required by the Contracting Officer:

1. Workers' Compensation and Employer's Liability: Contractors are required to comply with applicable

Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least

$100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

2. General Liability: Bodily injury liability insurance coverage written on the comprehensive form of a policy of at least $500,000 per occurrence.

3. Automobile Liability: Automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the

United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H-9 PROJECT OFFICER

For the purpose of this contract, the term Project Officer as defined in HHSAR 352.202-1 is synonymous with the term Project Manager, and COR (contracting officer’s representative).

H-10 EXISTING WORK

(a) Existing work shall be cut, drilled, altered, removed or temporarily removed and replaced for performance of work under the contract. Work replaced shall match similar existing work. Structural members shall not be cut or altered, except as shown, without authorization of the Contracting Officer.

Work remaining in place damaged or defaced during this contract shall be restored to the condition at time of award of contract.

(b) Discolored or unfinished surfaces exposed by removal of existing work and indicated to be the final exposed surfaces shall be refinished or the material shall be replaced to be uniform and harmonious with contiguous work. Work out of alignment, where exposed by removal of existing work, shall be called to the Contracting Officer's attention. Corrective work, directed by the Contracting Officer will be subject to adjustment of the contract in accordance with FAR 52.236 2, "Differing Site Conditions."

H-11 TRUCKING

(a) All trucks, bringing to or removing from the site, earth, loose materials, or debris shall be loaded in a manner to prevent dropping of materials on streets.

(b) At all points, where trucks leave the project site and enter adjacent paved streets, the contractor shall maintain an installation and crew to prevent any mud from being carried onto such adjacent paved streets.

(c) Earth, loose materials, or debris deposited on the streets due to contract trucking activities shall be removed daily.

H-12 HOURS OF WORK

All work shall be performed between 7:00 a.m. and 5:00 p.m. local time, Monday through Friday unless otherwise indicated due to wildlife or environmental limitations (see drawings and specifications). In the event that the contractor wishes to work on the day of a Government or Tulalip Tribal holiday, he shall notify the Contracting Officer seven (7) days in advance of the date he wishes to work. There shall be no work scheduled on weekends without special approval by the Contracting Officer prior to 4:00 p.m. Seattle time on the preceding Thursday.

H-13 SITE OWNERSHIP

Bidders are notified that this project will be performed on the Tulalip Indian Reservation; the resulting construction project is owned by the Federal Government. The existing sewer collection system and wastewater treatment facility is owned by the Tulalip Tribes and operated by the Tulalip Utility Authority

(TUA). The Contractor shall abide by Tulalip Tribal permits, see Section 01160 Regulatory Requirements.

H-14 EQUITABLE ADJUSTMENTS DUE TO CHANGES

(a) The Contractor shall submit a proposal for all changes in the work within fifteen (15) days from the effective date of the change order or request for proposal. With each proposal for a change involving an increase or decrease in the amount of the contract, the Contractor shall submit separately an itemized breakdown that will include, but not be limited to, the following:

(1) Material quantities and unit price. (Separated into trades)

(2) Labor costs (separate into labor classifications and hourly rates)

(3) Construction equipment

(4) Workmen's compensation

(5) Overhead

(6) Profit

(7) Employment taxes under FICA, FUTA and SUTA

(8) Bond (Prime Contractor only)

(9) Direct Performance Time of Change

(10) Impact on Schedule, if any

(11) Impact Costs, if any

(b) In considering proposals for changes involving added work, omitted work, or any combination thereof, estimates will be checked in detail by the Contracting Officer, utilizing unit prices where specified or agreed upon, with the view of arriving at equitable adjustments.

(c) When the necessity to proceed with a change does not allow sufficient time to properly check a proposal, or because of failure to reach an agreement, the Contracting Officer may direct the Contractor to proceed immediately with the work.

(d) Proposals and breakdown should be submitted as promptly as possible but in no event later than thirty

(30) days from the effective date of the change order or request for proposal.

(e) Allowable overhead, profit, and percentages are given below. These percentage shall be limited to three tiers only and shall be considered to include, but not limited to, all insurance other than FICA, FUTA, SUTA and Workmen's Compensation, field and office supervisors, assistants, and clerical personnel, use of small tools, incidental job burdens, and general office expense. Incidental job burdens include, but are not limited to, review and coordination, and estimating and expediting relative to contract changes that are associated with field and office supervision. No percentages for overhead and profit shall be allowed on

FICA, FUTA, or SUTA. The percentages of overhead to be allowed by the Contracting Officer will be 10% for all contract changes performed by the Prime Contractor personnel and 5% for all contract change work performed by subcontract personnel.

The percentage for profit to be allowed by IHS will vary according to the nature, risk, extent, and complexity of work involved, but in no case shall exceed 10%. Percentages for overhead and profit for changed work will be as follows:

Overhead Profit

To subcontractors and/or to the Contractor for work performed with his own forces 10% 1% - 10%

To subcontractors and/or to the Contractor on work performed by other than his own forces 5% 1% - 5%

The percentage of profit is to be negotiated. The burden is on the Contractor to propose and justify to the

Government the percentage of profit to be paid on each modification to the contract. On proposals involving both increases and decreases in the amount of the contract, overhead and profit will be allowed on the net increases only. On net decreases, corresponding overhead and profit will be deducted.

Time Extension:

(f) When the Contractor submits a change proposal without including a corresponding Time Impact

Analysis meeting the requirements of the pertinent Specification Section, the Contractor acknowledges that the particular change order, modifications, delay or contract request does not require an extension of the contract time (or milestone) and the Contractor shall not thereafter be entitled to request or receive any such extension(s).

Delay and Impact Costs:

Any proposal for delay and impact costs that is not submitted within sixty (60) days after completion of the work identified in the change will not be considered. This requirement is in addition to the scheduling updates required for construction of the project. If there are circumstances which prevent the Contractor from ascertaining delay for impact during this time, a status update, including but not limited to a critical path analysis, shall be submitted within this time and at sixty (60) day intervals thereafter, explaining why the Contractor cannot yet know the extent of the impact. If this is not done, a claim for delay will not be considered unless special circumstances are shown. This requirement is necessary to enable the

Government to respond to any claims for delay in light of conditions then current.

H-15 PERMITS

The Contractor shall apply for all permits from the code “authority having jurisdiction” and regulatory agencies within 30 days of award. The Contractor shall work in compliance with all existing and required permits.

H-16 PERFORMANCE AND PAYMENT BONDS

Performance and Payment Bonds are required prior to the performance of work on this project (See Section

I.1, FAR 52.228-15). A bid Guarantee is required to be considered a responsible bidder (See Section I.1, FAR 52.228-1).

H-17 TULALIP TRIBAL SOVEREIGNTY

At all times the Tulalip Tribe maintains Tribal sovereignty and will not waive their sovereignty with respect to activity generated as a result of the award of this contract. Any potential litigation between the successful bidder and a Tribal entity would be under Tribal jurisdiction, understanding the Tribe holds no authority under the terms of this contract.

H-18 PROHIBITIONS AGAINST LIENS

The Contractor is prohibited from placing a lien or purporting to place a lien on the Tulalip Utility

Authority or Tulalip Tribe’s property. This prohibition shall apply to all subcontractors at any tier and all material suppliers.

H-19 ARCHAEOLOGICAL AND HISTORICAL OBJECTS

Archaeological or historical objects, which may be encountered by the Contractor, shall not be further disturbed. The Contractor shall immediately notify the Contract Officers Representative (COR) of any such finds. The COR will contact the Tribal Natural Resource and Cultural Department who will determine the nature of the objects to be surveyed, the Tribal Representative may require the Contractor to stop work in the vicinity of the discovery until the survey is accomplished.

H-20 DRUG FREE WORK PLACE

The Contractor acknowledges and agrees to advise its employees, agents, and subcontractors that it is the policy of the Tribe to prohibit the use, possession, sale, and distribution of alcohol, illegal drugs, and other controlled substances on its premises; and to prohibit the presence of employees of a contractor, subcontractor, or agent who has such substances in his/her body for nonmedical reasons. Entry onto the

Tulalip Tribe’s property constitutes consent to an inspection of the employees of the contractor, subcontractor, or agent, including vehicles and personal effects when entering, while on, or upon leaving the Tribe’s property. Any contractor employee, subcontractor or agent who is found in violation of this policy will be removed and barred from the Tribe’s property.

The Contractor further agrees that when one of its employees, subcontractors, or agents has a documented performance deviation, abnormal incident, or unusual behavior which is suspected to be the result of drug or alcohol abuse while on Tribal property, they will not be readmitted to the jobsite until a comprehensive drug urinalysis has been performed by an approved medical clinic and has tested negative by a certified laboratory. The urinalysis will be performed at the Contractor’s expense and the results must be transmitted to the Tulalip Tribe’s designated representative. The Tribe agrees to maintain the confidentiality of test results and to use test results solely in connection with its decisions as to whether to permit a Contractor employee, subcontractor or agent to enter or remain on Tribal property.

PART II – CONTRACT CLAUSES

I. Contract Clauses

I-1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation

Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED

BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

Number Title Date

52.203-3 GRATUITIES, APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES, MAY 2014

52.203-7 ANTI KICKBACK PROCEDURES, MAY 2014

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY, MAY 2014

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY, MAY

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS, OCT 2010

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER, MAY 2011

52.204-7 SYSTEM FOR AWARD MANAGEMENT, JUL 2013

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS, JUL 2013

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT, AUG 2013

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS, JUL 2013

52.211-13 TIME EXTENSIONS, SEP 2000

52.211-18 VARIATION IN ESTIMATED QUANTITY, APR 1984

52.214-26 AUDIT AND RECORDS—SEALED BIDDING, OCT 2010

52.214-27 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA -

MODIFICATIONS - SEALED BIDDING, AUG 2011

52.214-28 SUBCONTRACTOR COST OR PRICING DATA—MODIFICATIONS—SEALED

BIDDING, OCT 2010

52.214-29 ORDER OF PRECEDENCE - SEALED BIDDING, JAN 1986

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS, MAY 2014

52.219-14 LIMITATIONS ON SUBCONTRACTING, NOV 2011

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION, JUL 2013

52.222-3 CONVICT LABOR, JUN 2003

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME

COMPENSATION, MAY 2014

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS, MAY 2014

52.222-7 WITHHOLDING OF FUNDS, MAY 2014

52.222-8 PAYROLLS AND BASIC RECORDS, MAY 2014

52.222-9 APPRENTICES AND TRAINEES, JUL 2005

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS, FEB 1988

52.222-11 SUBCONTRACTS (LABOR STANDARDS), MAY 2014

52.222-12 CONTRACT TERMINATION – DEBARMENT, MAY 2014

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE AND RELATED

REGULATIONS, MAY 2014

52.222-14 DISPUTES CONCERNING LABOR STANDARDS, FEB 1988

52.222-15 CERTIFICATION OF ELIGIBILITY, MAY 2014

52.222-21 PROHIBITION OF SEGREGATED FACILITIES, FEB 1999

52.222-26 EQUAL OPPORTUNITY, MAR 2007

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION,

FEB 1999

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF

THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS, SEP 2010

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES, OCT 2010

52.222-37 EMPLOYMENT REPORTS ON VETERANS, SEP 2010

52.222-50 COMBATING TRAFFICKING IN PERSONS, FEB 2009

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION, AUG 2013

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION, MAY 2011

52.223-6 DRUG FREE WORKPLACE, MAY 2001

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING, AUG 2011

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES, JUN 2008

52.227-1 AUTHORIZATION AND CONSENT, DEC 2007

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT, DEC 2007

52.227-4 PATENT INDEMNITY CONSTRUCTION CONTRACTS, DEC 2007

52.228-1 BID GUARANTEE, SEPT 1996

52.228-2 ADDITIONAL BOND SECURITY, OCT 1997

52.228-5 INSURANCE WORK ON A GOVERNMENT INSTALLATION, JAN 1997

52.228-11 PLEDGE OF ASSETS, JAN 2012

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS, MAY 2014

52.228-14 IRREVOCABLE LETTER OF CREDIT, MAY 2014

52.228-15 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION, OCT 2010

52.229-3 FEDERAL, STATE, AND LOCAL TAXES, FEB 2013

52.232-5 PAYMENTS UNDER FIXED PRICE CONSTRUCTION CONTRACTS, MAY 2014

52.232-17 INTEREST, MAY 2014

52.232-23 ASSIGNMENT OF CLAIMS, MAY 2014

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS, MAY 2014

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD

MANAGEMENT, JUL 2013

52.233-1 DISPUTES ALT. I (DEC 1991), MAY 2014

52.233-3 PROTEST AFTER AWARD, AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM, OCT 2004

52.236-2 DIFFERING SITE CONDITIONS, APR 1984

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK, APR 1984

52.236-5 MATERIAL AND WORKMANSHIP, APR 1984

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR, APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES, NOV 1991

52.236-8 OTHER CONTRACTS, APR 1984

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS, APR 1984

52.236-10 OPERATIONS AND STORAGE AREAS, APR 1984

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION, APR 1984

52.236-12 CLEANING UP, APR 1984

52.236-13 ACCIDENT PREVENTION, NOV 1991, ALT 1, NOV 1991

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES, APR 1984

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS, APR 1984

52.236-17 LAYOUT OF WORK, APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION, FEB 1997

52.236-26 PRECONSTRUCTION CONFERENCE, FEB 1995

52.242-13 BANKRUPTCY, JUL 1995

52.243-4 CHANGES, JUN 2007

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS, MAY 2014

52.246-21 WARRANTY OF CONSTRUCTION, MAR 1994

52.247-5 FAMILIARIZATION WITH CONDITIONS, APR 1984

52.248-3 VALUE ENGINEERING—CONSTRUCTION, OCT 2010

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE),

APR 2012, ALT. I, SEP 1996

52.249-10 DEFAULT (FIXED PRICE CONSTRUCTION), APR 1984

52.253-1 COMPUTER GENERATED FORMS, JAN 1991

HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (48 CFR, Chapter 3):

Number Title Date

352.202-1 DEFINITIONS, JAN 2006

352.223-70 SAFETY AND HEALTH, JAN 2006

352.231-71 PRICING OF ADJUSTMENTS, JAN 2001

352.242-72 NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT, JAN

352.270-2 INDIAN PREFERENCE, APR 1984

352.270-3 INDIAN PREFERENCE PROGRAM, JAN 2006

I-2 52.217-7 OPTION FOR INCREASED QUANTITY - SEPARATELY PRICED LINE ITEM

(MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the contractor no later than 2/27/2015 at the price stated in the Schedule of

Items numbers 6 through 10. The decision to award option item number 6 will be made at the time of contract award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

I-3 52.219-17 SECTION 8(a) AWARD (DEC 1996)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements and advance payments, delegates to the Division of Engineering

Service – Seattle, Indian Health Service the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract;

provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the Division of Engineering Service – Seattle, Indian Health Service Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the Division of Engineering Service – Seattle, Indian Health Service.

(End of clause) http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

I-4 52-219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a)

CONCERNS (JUN 2003), ALT. 1 (APR 2005)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business

Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer—

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan;

and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph

(a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the

United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The ____________ [insert name of SBA's offering contractor] will notify the Division of Engineering

Service – Seattle, Indian Health Service Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(3) The offeror’s approved business plan is on the file and serviced by geographical area of Region 10

(Washington, Oregon, Idaho and Alaska), or other 8(a) construction firms with a bona fide place of business within the geographical competitive area, and the assigned NAICS code. All other 8(a) BD

Participants are deemed ineligible to submit offers.

I-5 52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause—

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the

Contractor or a subcontractor for incorporation into the building or work.