Amendment #1.pdf

SAP

State of South Carolina

Request for Proposal

(Amendment #1)

Solicitation:

Amendment Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400018935 02/25/2020

KATHY SANTANDREU

8038965304 ksantandreu@mmo.sc.gov SFAA, Div. of Procurement Services, MMO 1201 Main Street, Suite 600 Columbia SC 29201

DESCRIPTION: Bridge Asset Management

USING GOVERNMENTAL UNIT: SC Department of Transportation

SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov

SUBMIT OFFER BY (Opening Date/Time): 03/20/2020 11AM EST (See "Deadline For Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: 2/14/2020 11PM (2300) EST (See "Questions From Offerors" provision)

NUMBER OF COPIES TO BE SUBMITTED: See page 4

CONFERENCE TYPE: Pre-proposal

DATE & TIME: 2/7/2020 14:00:00

SITE VISITS: 2-10-2020 THRU 2-13-2020

(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions)

IN PERSON LOCATION:

SCDOT

955 Park St

Columbia, SC 29201

CALL-IN OPTION:

See page 18

AWARD &

AMENDMENTS

Award will be posted on 04/30/2020. The award, this solicitation, any amendments, and any related notices will be posted at the following web address: http://www.procurement.sc.gov

You must submit a signed copy of this form with Your Offer. By signing, You agree to be bound by the terms of the

Solicitation. You agree to hold Your Offer open for a minimum of 120 calendar days after the Opening Date. (See "Signing

Your Offer" provision.)

NAME OF OFFEROR

(full legal name of business submitting the offer)

Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror. The entity named as the offeror must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole proprietorship, etc.

AUTHORIZED SIGNATURE

(Person must be authorized to submit binding offer to contract on behalf of Offeror.)

DATE SIGNED

TITLE

(business title of person signing above)

STATE VENDOR NO.

(Register to Obtain S.C. Vendor No. at www.procurement.sc.gov)

PRINTED NAME

(printed name of person signing above)

STATE OF INCORPORATION

(If you are a corporation, identify the state of incorporation.)

OFFEROR'S TYPE OF ENTITY: (Check one) (See "Signing Your Offer" provision.)

___ Sole Proprietorship ___ Partnership ___ Other_____________________________

___ Corporate entity (not tax-exempt) ___ Corporation (tax-exempt) ___ Government entity (federal, state, or local)

COVER PAGE - ON-LINE ONLY (MAR. 2015)

PAGE TWO

(Return Page Two with Your Offer)

HOME OFFICE ADDRESS (Address for offeror's home office / principal place of business)

NOTICE ADDRESS (Address to which all procurement and contract related notices should be sent.) (See "Notice" clause)

_________________________________________________ Area Code -

Number - Extension Facsimile

_________________________________________________ E-mail Address

PAYMENT ADDRESS (Address to which payments will be sent.)

(See "Payment" clause)

____Payment Address same as Home Office Address ____Payment Address same as Notice Address (check only one)

ORDER ADDRESS (Address to which purchase orders will be sent)

(See "Purchase Orders and "Contract Documents" clauses)

____Order Address same as Home Office Address ____Order Address same as Notice Address (check only one)

ACKNOWLEDGMENT OF AMENDMENTS

Offerors acknowledges receipt of amendments by indicating amendment number and its date of issue. (See "Amendments to Solicitation" Provision)

Amendment No. Amendment Issue

Date Amendment No. Amendment Issue

Date Amendment No. Amendment Issue

Date Amendment No. Amendment Issue

Date

DISCOUNT FOR

PROMPT PAYMENT

(See "Discount for Prompt

Payment" clause)

10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) _____Calendar Days (%)

PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): Preferences do not apply

PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: Preferences do not apply

____In-State Office Address same as Home Office Address ____In-State Office Address same as Notice Address (check only one)

PAGE TWO (SEP 2009) End of PAGE TWO

Amendment #1 Bridge Asset Management/ 5400018935

AMENDMENTS TO SOLICITATION (JAN 2004) (modified): (a) The Solicitation may be amended at any time prior to opening. All actual and prospective Offerors should monitor the following web site for the issuance of Amendments: www.procurement.sc.gov(b) Offerors shall acknowledge receipt of any amendment to this solicitation by identifying the amendment number and date in the space provided for this purpose on Page Two and returning with solicitation response (c) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

QUESTIONS FROM OFFERORS - amendment (Jun 2017): The solicitation is amended as provided herein.

Information or changes resulting from questions will be shown in a question-and-answer format. All questions received have been reprinted below. The “state’s response” should be read without reference to the questions. The questions are included solely to provide a cross-reference to the potential Offeror that submitted the question. Questions do not form a part of the contract; the “state’s response” does. Any restatement of part or all of an existing provision of the solicitation in an answer does not modify the original provision except as follows: underlined text is added to the original provision. Stricken text is deleted. [02-2a097-1]

Any questions regarding this amendment are to be sent to the procurement manager, via email, no later than Friday, February 28, 2020, 3PM. Please include solicitation name and number in your subject line.

Clarifications/Updates to RFP

• On page 24 of the RFP, Scoping item #9 revised to:

“the work for this item is to be completed between 5-13-2020 and 3-1-2022 January 1, 2022 and end of contract”

• Appendix A: Payment Bond Information – updated/revised

Bridge Asset Management Vendor Questions:

1. Attachment F – Project Team Requirements & Qualifications, Item B – On-Call Engineers: Do the Structural, Mechanical, and Electrical Engineer each need to be SCPEs?

Yes

2. Attachment F – Project Team Requirements & Qualifications, Item B1 – Structural Engineer – last sentence states “Structural engineer must have extensive experience with design and maintenance of all structure included in this contract.” Please clarify the following:

a. “… all structure included in this contract.” Should this say all structure types included in this contract? Yes

b. Is it acceptable for a structural engineering firm (multiple engineers) to provide the needed expertise, or is it required that one single individual engineer has this extensive experience? Yes, provided the work is overseen by a SC registered engineer.

3. Confirm there is no bid bond required.

Answer: No bid bond is required.

4. Confirm this bid is to be submitted via your online SRM Vendor Portal.

Answer: Per cover page: SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL:

http://www.procurement.sc.gov

5. Are paper copies required to be submitted along with the electronic USB drives and if so, how many?

Answer: No, paper copies are not to be submitted. Per page four of the solicitation document:

In addition to your online submission, please submit the following copies of your solicitation response (all items must be labeled as specified below as well as include company name and solicitation number):

• Qty. 1 – USB Drive submission of the original (non-redacted) response with pricing

• Qty. 1 – USB Drive submission of the original (non-redacted) response without pricing

• Qty. 1 – USB Drive submission of your redacted original response with pricing

6. Confirm the $5MM payment bond requirement is on an annual basis.

Answer: Payment Bond language has been amended to read:

PAYMENT BOND REQUIRED

Within ten (10) days after award, contractor shall provide a payment bond in the amount of 100% of the contract price, issued by a surety company licensed in South Carolina, with an "A" minimum rating of performance as stated in the most current publication of "best's key rating guide, property liability" which shall show a financial strength rating of at least five (5) times the bond amount. Each bond must be accompanied by a "power of attorney" authorizing the attorney infact to bind the surety and certified to include the date of the performance bond.

Required form of the payment bond as well as additional information is found at the end of this amendment as APPENDIX A.

7. Attachment A indicates Routine Inspection Date for each bridge – are routine inspections of the bridges included as part of this contract?

Answer: No

8. On-Call Engineers – If engineers do not currently have their PE in South Carolina, are they able to get their PE once project is awarded? Or must they have them at the time of submitting the proposal?

Answer: Yes, they may acquire their SC PE after award however lack of a PE licensee at time of award shall not prevent Contractor from providing timely service.

9. Section VII. Terms and Conditions – B. Special of the Solicitation includes on p.44 a requirement for a payment bond in the amount of $5 million.

a. The Solicitation does not stipulate the required term for the bond; we hereby request that the Department accept the payment bond on an annually renewable basis.

Answer: See answer to #6 as well as updated bond information at the end of this amendment.

b. Please confirm whether the corporate entity providing the payment bond must be identical to the proposing entity. Answer: Yes

10. In the first paragraph under the “General Staff Requirements” in “Attachment F”, the first two sentences effectively limit both the potential prime contractor and subcontractors on this project to engineering firms with “design experience of complex structures such as cable-stayed, post tensioned box bridges, curved girders and movable bridges.” Given that some subcontractors (Eg sweeping) do not require engineering expertise to perform their function, and that this is described as a bridge asset management project we request that the Department consider the suggested modification below:

a. “All firms including sub-contractors that perform structural repairs, shall have demonstrated significant experience in bridge engineering and/or maintenance. This shall include extensive experience in maintenance operations and/or design of complex structures such as cable-stayed, post-tensioned box bridges, curved girders and moveable bridges.”

Attachment F, under General Staff Requirements:

Revise Language: “All firms including sub-contractors Prime Contractor shall have demonstrated significant experience in bridge engineering.

11. Attachment A – General notes- #3- RE: Utility services and roadway lighting- does the statement include the conductor run from the meter point, to the bridge, to the roadway lighting all the way to the lighting ballast of the roadway fixture?

Answer: Yes, this includes all electrical components from the meter point to final termination

12. Attachment A – General notes-#1 – RE Project Limits- Some of the Project bridges have ‘continuous runs of guardrail (whichever is greater) up to a 1/4 mile long. Will the Project limit include that extended run of guardrail? Answer: Yes

13. For which specific SCDOT contracts would participation in this contract create a conflict of interest?

Answer: We do not foresee any impediment to participate in a separate contract

14. Does Standard Specification Section 109.5 apply regarding potential services?

a. Are direction/supervision of work and/or inspection costs of potential services work also allowed to be billed per this section 109.5?

Answer:

No direct payment will be made for inspection/supervision costs associated with services included in the base contract OR for inspection/supervision by Lead Project Manager or Assistant Project Manager.

If inspection/supervision costs not associated with the base contract and not performed by the Lead Project Manager/Assistant Project Manager are necessary then they shall be submitted with the potential service cost proposal for consideration.

15. Section V. Qualifications –Qualification—required information (modified) Is there a threshold (Eg percent of contract) below which subcontractors financial information would not be required?

Answer: No. Every contractor who submits a response to this RFP must submit information reflecting their (and their subcontractor’s) current financial position (2 years balance sheet and profit/loss statement) – mark these confidential.

a. Please clarify whether the financial statements count is included in the 100 page limit?

Answer: Financials will not count towards your page limit

16. Are the most recent underwater inspection reports available?

Answer: Yes, underwater inspection reports can be provided at initiation of contract

17. Can SCDOT confirm that the bridge inspection reports provided are the most recent? Based on inspection cycles it would appear there are more current inspection reports for some bridges? Please provide the most current inspection reports as available.

Answer: Updated inspection reports can be provided at initiation of contract

18. Can SCDOT confirm that all work orders generated from the most current bridge inspection reports are completed? If not, can the Department itemize what is remaining to be completed or pending in anticipation of June 1 start date?

Answer: Orders for work will be discussed upon initiation of contract

19. Will the fixed bridge to replace M1 become part of the scope of this project upon final acceptance of construction of the new bridge? If so, will preliminary plans be provided as reference documents and what grouping of fixed bridges does the cost need to be included in?

20. Can SCDOT confirm that total bid price for Scoping Item #10-M1 on the cost sheet for years 1-4 (cell B18) will be paid in 21 equal monthly payments (covering 6/1/20 to 3/1/22) beginning 6/1/20?

21. Can SCDOT confirm that Scoping item #9-F9 on the Cost Sheet provided for years 1-4 (cell B17) will be paid in 29 equal monthly payments (covering 1/1/22 to 5/21/24) beginning 1/1/22? Answer: No

22. Can SCDOT confirm the method it would like to receive the RFP response? On page one it states that the proposal response should be via online submission at http://www.procurement.sc.gov?

Answer: See answer to #4 and #5

23. On Page 4 of the solicitation SCDOT states “1. The original solicitation response (including cost/price) and a redacted copy (marked redacted) of the same proposal should be submitted on-line and is the official response.” However, in the next sentence SCDOT states “In addition to your online submission, please submit the following copies of your solicitation response (all items must be labeled as specified below as well as include company name and solicitation number):

• Qty. 1 – USB Drive submission of the original (non-redacted) response with pricing http://www.procurement.sc.gov/ http://www.procurement.sc.gov/

• Qty. 1 – USB Drive submission of your redacted original response with pricing*”

Is SCDOT requiring three different electronic copies of the RFP response on a USB drive in addition to the electronic submission via the SCDOT vendor submission portal?

24. On page 18 of the solicitation the clause “ELECTRONIC COPIES - REQUIRED MEDIA AND FORMAT (MAR 2015)” states “Your business and technical proposals must be on separate media” therefore for the electronic media copies listed below does SCDOT require a separate USB drive for Technical and another USB drive for Price for the original (non-redacted) response with pricing and similarly for the redacted original response with pricing?

• Qty. 1 – USB Drive submission of the original (non-redacted) response with pricing

• Qty. 1 – USB Drive submission of your redacted original response with pricing*

Will SCDOT accept 11 x 17 paper for graphics and tables noting that it will count as two pages within the page limit? Answer: Yes

25. Will SCDOT accept smaller than 12pt size font for tables and graphics? Answer: No

26. Can SCDOT provide a copy of the “Disclosure of Potential Conflict of Interest Certification” that is required to be submitted or does SCDOT require the offeror to simply confirm that it has no conflict of interest in pursuing this opportunity?

Answer: By signing your offer you are certifying that you have no actual or potential conflict of interest

27. Can SCDOT provide guidance where the statement regarding “Disclosure of Potential Conflict of Interest Certification” should be included in the proposal response?

Answer: See answer to # 27

28. Can SCDOT confirm that the “Cost Sheet” is the only item to be included in the Price/Business Proposal volume? Answer: Yes

29. Can SCDOT provide guidance on where the offeror should include Cover Page and Page Two of the solicitation, is it part of Technical or Price/Business volume? If it is in the Technical Volume does count towards the 100-page limit?

Answer: Cover Page and Page two should be the first 2 pages of your technical submission.

Only financials will not count towards the page limit.

30. Is a Table of Contents included or excluded from the 100-page limit of the Technical Proposal?

Answer: Table of contents will count towards your page limit

31. Are resumes of key staff included in the 100 page limit of the Technical proposal?

Answer: Resumes will count towards your page limit. Please do not use LinkedIn profiles in place of resumes.

32. A. In “QUALIFICATIONS -- REQUIRED INFORMATION (modified)” on page 27, SCDOT is requesting specific information and documentation to be submitted for the offeror and its subcontractors, can SCDOT confirm if this information is required with the offer or are these requirements upon award to the contractor?

Answer: This is to be submitted with your proposal as part of your technical portion.

18. B. If the above information is part of the offer, in which volume should the offeror include it and if it is part of any page count?

Answer: It is part of the technical portion and pages will count towards your page limit

33. In “QUALIFICATIONS -- REQUIRED INFORMATION (modified)” on page 27 of the solicitation SCDOT states “(b) Information reflecting the current financial position (2 years balance sheet and profit/loss statement)” is SCDOT requesting that the offeror and each subcontractor on its team provide a copy two years of financial statements? If so, in which volume should the offeror include this information?

Answer: Every contractor who submits a response to this RFP must submit information reflecting their (and their subcontractor’s) current financial position (2 years balance sheet and profit/loss statement) – mark these confidential. This is part of the technical portion.

34. Does the Price Volume have a page limit? If so, what is it?

Answer: Per page 48: Offeror shall provide all costs necessary to perform the services in Scoping Items #1-18 and Total Project Cost as set forth in the excel spreadsheet provided.

35. “MINORITY PARTICIPATION (DEC 2015)” on Page 25 is a section included as part of “IV.

INFORMATION FOR OFFERORS TO SUBMIT” can SCDOT confirm that the minority form is required as part of the offeror response? If so, in what volume should this form be included?

Answer: Yes, this is required and can be included at the end of the technical proposal.

36. “MINORITY PARTICIPATION (DEC 2015)” on Page 25 is there a minimum MBE participation goal for this contract? Answer: No

37. In Attachment C under sub-heading Operators it states “2) Minimum Experience & Compensation:

Operators shall have previous experience of no less than one year or shall be trained for a period of no less than one month under an experienced operator with no less than one year experience. Contractor is required to pay Operators a minimum of $14/hour.” Can SCDOT provide how many hours or days a week a new operator employee would have to train with another qualified employee in the required month of training? Answer: 160 hours

38. In the 49 attachments provided by SCDOT it seems that “Attachment H (3)Part3” is an attachment number not included – will SCDOT provide that attachment?

Answer: Yes, Attachment H (3) Part3 will be provided as well as Attachment H (3) Part 2 and Attachment

H (3) Part 4.

To gain access to these files please go to:

Go to Solicitation Documentation URL:

https://procurement.sc.gov/solicit-docs

Username: Viewer

Password: Docs181$

Solicitation ID#: 9161

Access Code: 5400018935

39. The solicitation doesn’t contain contractual documents we usually receive (Sample Contract, General Provisions, Special Conditions, etc.). Can we get a copy of the applicable documentation the Owner anticipates using for this contract?

Answer: Contract is comprised of the solicitation document (5400018935), attachments to the solicitation document, amendment(s) and record of negotiations. Offers which include either modifications or exemptions to any of the solicitation's contractual requirements or an offeror's standard terms and conditions may be deemed non-responsive and not considered for award.

All other terms, condition, bidding instruction, and specifications remain unchanged. If there are any question or if any confusion or uncertainty arises as a result of this amendment, it is the sole responsibility of the Offeror to contact the procurement officer for clarification. Contact information can be found in the top right-hand corner of the cover page of this amendment reference the “Duty to

Inquire” in the original Request for Proposal (RFP).

https://procurement.sc.gov/solicit-docs https://procurement.sc.gov/solicit-docs

2018 Edition

SE-357

LABOR & MATERIAL PAYMENT BOND

1 of 2 SE-357

KNOW ALL MEN BY THESE PRESENTS, that (Insert full name or legal title and address of Contractor) Name:

Address:

hereinafter referred to as “Contractor”, and (Insert full name and address of principal place of business of Surety) Name:

Address:

hereinafter called the “surety”, are jointly and severally held and firmly bound unto (Insert full name and address of Agency) Name:

Address:

hereinafter referred to as “Agency”, or its successors or assigns, the sum of ($ ), being the sum of the Bond to which payment to be well and truly made, the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Contractor has by written agreement dated entered into a contract with Agency to construct State Project Name:

State Project Number:

Brief Description of Awarded Work:

in accordance with Drawings and Specifications prepared by (Insert full name and address of A/E) Name:

Address:

which agreement is by reference made a part hereof, and is hereinafter referred to as the Contract.

IN WITNESS WHEREOF, Surety and Contractor, intending to be legally bound hereby, subject to the terms stated herein, do each cause this Labor & Material Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative.

DATED this day of , 2 BOND NUMBER (shall be no earlier than Date of Contract)

CONTRACTOR SURETY

By:

(Seal)

By:

(Seal)

Print Name: Print Name:

Print Title: Print Title:

(Attach Power of Attorney)

Witness: Witness:

(Additional Signatures, if any, appear on attached page)

Appendix A

2018 Edition

SE-357

LABOR & MATERIAL PAYMENT BOND

2 of 2 SE-357

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT:

1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Agency to pay for all labor, materials and equipment required for use in the performance of the Contract, which is incorporated herein by reference.

2. With respect to the Agency, this obligation shall be null and void if the Contractor:

2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants; and

2.2 Defends, indemnifies and holds harmless the Agency from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Contract.

3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due.

4. With respect to Claimants, and subject to the provisions of Title 29, Chapter 5 and the provisions of §11-35-3030(2)(c) of the SC Code of Laws, as amended, the Surety’s obligation under this Bond shall arise as follows:

4.1 Every person who has furnished labor, material or rental

equipment to the Contractor or its subcontractors for the work specified in the Contract, and who has not been paid in full therefore before the expiration of a period of ninety (90) days after the date on which the last of the labor was done or performed by him or material or rental equipment was furnished or supplied by him for which such claim is made, shall have the right to sue on the payment bond for the amount, or the balance thereof, unpaid at the time of institution of such suit and to prosecute such action for the sum or sums justly due him.

4.2 A remote claimant shall have a right of action on the payment bond upon giving written notice by certified or registered mail to the Contractor within ninety (90) days from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material or rental equipment upon which such claim is made.

4.3 Every suit instituted upon a payment bond shall be brought in a court of competent jurisdiction for the county or circuit in which the construction contract was to be performed, but no such suit shall be commenced after the expiration of o ne year after the day on which the last of the labor was performed or material or rental equipment was supplied by the person bringing suit.

5. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety’s expense take the following actions:

5.1 Send an answer to the Claimant, with a copy to the Agency, within sixty (60) days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.

5.2 Pay or arrange for payment of any undisputed amounts.

5.3 The Surety’s failure to discharge its obligations under this paragraph 5 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a claim. However, if the Surety fails to discharge its obligations under this paragraph 5, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs to recover any sums found to be due and owing to the Claimant.

6. Amounts owed by the Agency to the Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the Contractor furnishing and the Agency accepting this Bond, they agree that all funds earned by the contractor in the performance of the Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Agency’s prior right to use the funds for the completion of the Work.

7. The Surety shall not be liable to the Agency, Claimants or others for obligations of the Contractor that are unrelated to the Contract.

The Agency shall not be liable for payment of any costs or expenses of any claimant under this bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

8. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations.

9. Notice to the Surety, the Agency or the Contractor shall be mailed or delivered to the addresses shown on the signature page.

Actual receipt of notice by Surety, the Agency or the contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.

10. By the Contractor furnishing and the Agency accepting this Bond, they agree that this Bond has been furnished to comply with the statutory requirements of the South Carolina Code of Laws, as amended, and further, that any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond.

11. Upon request of any person or entity appearing to be a potential beneficiary of this bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made.

12. Any dispute, suit, action or proceeding arising out of or relating to this Bond shall be governed by the laws of the State of South Carolina.

13. DEFINITIONS

13.1 Claimant: An individual or entity having a direct contract with the Contractor or with a Subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms “labor, materials or equipment” that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of the Contractor and the Contractor’s Subcontractors, and all other items for which a mechanic’s lien might otherwise be asserted.

13.2 Remote Claimant: A person having a direct contractual

relationship with a subcontractor of the Contractor or subcontractor, but no contractual relationship expressed or implied with the Contractor.

13.3 Contract: The agreement between the Agency and the

Contractor identified on the signature page, including all Contract Documents and changes thereto.