Contract Clauses Bid Schedule.pdf

SOLICITATION, OFFER, AND

AWARD

1. Solicitation No. 2. Type of Solicitation 3. Date Issued Page of Pages

DE-FB65-11WC92475 X Sealed Bid (IFB) June 1, 2011 1 of 50 (Construction, Alteration, or Repair) Negotiated (RFP)

IMPORTANT – The “offer” section on the reverse must be fully completed by offeror.

4. Contract No. 5. Requisition/Purchase Request No. 6. Project No.

UGP-11WA092475 65-11WC92475-735

7. Issued By Code B1500.HU 8. Address Offer to Code B1500.HU

U.S. DEPT OF ENERGY U.S. DEPT OF ENERGY

WAPA - ATTN: B1500.HU WAPA - ATTN: B1500.HU

200 4TH STREET SW 200 4TH STREET SW

HURON, SD 57350-2474 HURON, SD 57350-2474

9. For Information Call:

A. Name B. Telephone No. (Include area code) (No Collect Calls)

James E. Dickey (605) 353-2640 FAX (605) 353-2673

DICKEY@WAPA.GOV

SOLICITATION

NOTE: In sealed bid solicitation “offer” and “offeror” mean “bid” and “bidder”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS: (Title, Identifying No., Date)

APPELDORN SUBSTATION, STAGE 01

MINNESOTA

SPECIFICATIONS NO. 11WC92475-735

THIS SOLICITATION IS ISSUED ON AN UNRESTRICTED BASIS

The NAICS Code for this project is 237130 and the Small Business Size Standard is $33,500,000.

Please refer to FAR Clause 52.219-1 on the Online Representations and Certifications Applications (ORCA).

The Government will issue a Notice to Proceed after receipt of acceptable payment and performance bonds.

11. The Contractor shall begin performance within 20 calendar days and complete it within 365 calendar days after receiving the award, X notice to proceed. This performance period is X mandatory negotiable. ( See Section F., Item F.1)

12A. The Contractor must furnish any required performance and payment bonds? 12B. Calendar Days

(If “YES”, indicate within how many calendar days after award in item 12B.)

10 X Yes No

13. Additional Solicitation Requirements:

A. Sealed offers on the SF 1442 with original signature to perform the work required are due at the place specified in Item 8 by 2:00 PM local time

July 6, 2011 . If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due. SF1442 with original signature, Section B, Section K and Bid Bond (See Section J, Attachment D) shall be included with the offer.

B. An offer guarantee X is Is not required.

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

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 Standard Form 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1 (e)

OFFER (Must be fully completed by offeror)

14. Name and Address of Offeror (Include ZIP Code)

DUNS No. _______________________________

15. Telephone No. (Include area code)

16. Remittance Address (Include only if different than Item 14)

Code Facility Code

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

AMOUNTS

SEE SECTION B, SUPPLIES OR SERVICES AND PRICES, BIDDING SCHEDULE

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

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

DATE

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

AWARD (to be completed by Government)

21. ITEM(S) ACCEPTED

22. Amount

23. Accounting and Appropriation Data

24. Submit Invoices to Address shown below

(4 copies unless otherwise specified)

Item

25. Other Than full and open competition pursuant to

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

26. Administered by 27. Payment will be made by

Construction Manager Western Area Power Administration 200 4th Street SW Huron, SD 57350-2474

Finance and Accounting Branch Western Area Power Administration P.O. Box 2811 Attn: A8211 Lakewood, CO 80228-8111

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office) Contractor agrees to furnish and deliver all items or perform all work, requisition stated in this contract. The rights and obligation s of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and(c) the clauses, representations certifications, and specifications incorporated by reference in or attached to this contract.

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

30A. Name and Title of Contractor or Person authorized

31A. Name of Contracting Officer (Type or Print)

30B. Signature 30C. Date 31B. United States of America 31C. Award Date

By

STANDARD FORM 1442 BACK (REV. 4-85)

SECTION B

SUPPLIES OR SERVICES AND PRICES

BIDDING SCHEDULE

CLIN Work or Material Estimated Quantity Unit

Unit Price Amount

Part A – Appeldorn Substation 230 kV Ring Bus

0001 Mobilization and preparatory work (Not to exceed 5% of total of Part A and B.

See section M.)

LS $

0002 Miscellaneous sitework LS $

0003 Stripping LS $

0004 Excavation for substation site and access roads

0005 Chain link fence LS $

0006 Gravel surfacing LS $

0007 Seeding LS $

0008 HDPE Drain Pipe system LS $

Removing existing transmission line

LS

0010 Concrete foundations 847 CY $ $

0011 Type “C” cable trenches LS $

0012 Steel structures, welded (galvanized) 333,070 LBS $ $

0013 Installing transmission line steel pole structures (Government-Furnished)

4 EA $ $

0014 Power circuit breaker, 245 kV, 3,000 amps (Government-Furnished)

3 EA $ $

0015 Disconnecting switch, 230 kV, 2,000

5 EA $ $

0016 Disconnecting switch with ground blades, 230 kV, 2,000 amps (Government-Furnished)

2 EA $ $

0017 Combination interrupter switch with fuses, 13.8 kV

1 EA $ $

0018 Combination interrupter switch with fuses, 12.47 kV

0019 Fuse disconnecting switch, 69 kV 1 EA $ $

0020 Coupling capacitor voltage transformer, 230 kV, single phase (Government- Furnished)

9 EA $ $

Quantity Unit

Unit Price Amount

0021 Station service transformer, 13.8 kV 1 EA $ $

0022 Station service transformer, 12.47 kV 1 EA $ $

0023 Distribution transformer, 69-12.47 kV, three phase

0024 Distribution transformer, 24.9 kV, 3 kVA, single phase

0025 Resistor, 208 V single phase 1 EA $ $

0026 Manual transfer switch 1 EA $ $

0027 Fusible safety switch 2 EA $ $

0028 Grounding system LS $

0029 Outdoor bus system LS $

0030 Associated and miscellaneous equipment and material

0031 Furnishing 5/c No. 10 AWG control cable 8,100 LF $ $

0032 Installing 5/c No. 10 AWG control cable 8,100 LF $ $

0033 Furnishing 7/c No. 10 AWG control cable 500 LF $ $

0034 Installing 7/c No. 10 AWG control cable 500 LF $ $

0035 Furnishing 12/c No. 10 AWG control cable

8,400 LF $ $

0036 Installing 12/c No. 10 AWG control cable 8,400 LF $ $

0037 Duplex switchboard sections

CHA5,CHA6,CHA7,CHA8,CHA9 AND

CHA10 (Government-Furnished)

0038 DC and AC distribution boards LS $

0039 Station battery system (Government-

LS $

0040 Battery chargers (Government-

0041 Approach spans LS $

0042 Service Building LS $

TOTAL FOR PART A $

Quantity Unit

Unit Price Amount

Part B – Appeldorn Substation Transformer KV4A, 69 kV Main and Transfer Bays.

0043 Concrete foundations 624.9 CY $ $

0044 Oil detention system LS $

0045 Steel structures, welded (galvanized) 247,520 LBS $ $

0046 Power transformer, 230/69-13.8 kV, 30/40/50 MVA, three phase

0047 Power circuit breaker, 72.5 kV, 2,000

4 EA $ $

0048 Disconnecting switch, 69 kV, 1,200 amps

11 EA $ $

0049 Disconnecting switch with ground blades, 69 kV, 1,200 amps

0050 Current transformer, 69 kV, single phase

0051 Coupling capacitor voltage transformer, 69 kV, single phase (Government-

7 EA $ $

0052 Furnishing 5/c No. 10 AWG control cable 5,800 LF $ $

0053 Installing 5/c No. 10 AWG control cable 5,800 LF $ $

0054 Furnishing 7/c No. 10 AWG control cable 500 LF $ $

0055 Installing 7/c No. 10 AWG control cable 500 LF $ $

0056 Furnishing 12/c No. 10 AWG control cable

6,900 LF $ $

0057 Installing 12/c No. 10 AWG control cable 6,900 LF $ $

0058 Duplex switchboard sections CHC1, CHC2, CHC3, CHC4, and CHC5

TOTAL FOR PART B $

TOTAL FOR PART A AND B $

UNIT ABBREVIATIONS

CY = cubic yards EA = each LBS = pounds LF = linear feet LS = for the lump sum of

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Table of Contents

Page

DE-FB65-11WC92475

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 DOE-C-1004 SPECIFICATIONS

C.2 DOE-C-1005 DRAWINGS

SECTION E - INSPECTION AND ACCEPTANCE

E.1 DOE-E-1001 INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

F.2 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

F.3 52.211-13 TIME EXTENSIONS (SEP 2000)

F.4 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 DOE-G-1007 CONTRACTING OFFICER'S REPRESENTATIVE

G.2 WES-G-1002 ADMINISTRATIVE TIME FOR COMPLETION OF DRAWINGS (WAPA, JAN 2008)

G.3 WES-G-1005 CONTRACTOR'S CONTRACT ADMINISTRATION (WAPA, FEB 2008)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 DOE-H-1021 CONSERVATION OF UTILITIES

H.2 DOE-H-1022 PROTECTION OF TRAFFIC

H.3 DOE-H-1023 PRESERVATION OF ANTIQUITIES, WILDLIFE AND LAND AREAS

H.4 DOE-H-1024 ALTERNATIVE DISPUTE RESOLUTION (ADR)

H.5 DOE-H-1025 CONTRACTOR INTERFACE WITH OTHER CONTRACTORS AND / OR GOVERNMENT

EMPLOYEES

H.6 DOE-H-1049 GREEN PURCHASING UNDER DOE CONSTRUCTION CONTRACTS

H.7 WES-H-1002 RETAINAGE/HOLDBACK FOR UNDELIVERED DATA (WAPA, APR 2009)

H.8 WES-H-1006 LIMITATION OF COSTS RESULTING FROM SUBCONTRACTOR PRICE ADJUSTMENTS

(WAPA, FEB 2008)

H.9 WES-H-1007 BREAKDOWN OF CONTRACT PRICES (WAPA, FEB 2008)

H.10 WES-H-1008 BACKCHARGES TO CONTRACTOR (WAPA, FEB 2008)

H.11 WES-H-1009 RIGHT TO USE AND OPERATE UNSATISFACTORY EQUIPMENT (WAPA, FEB 2008) .. 14

H.12 WES-H-1011 CHANGE ORDER ACCOUNTING (WAPA, FEB 2008)

H.13 WES-H-1027 INCORPORATION OF SUBCONTRACTING PLAN (WAPA, FEB 2008)

H.14 WES-H-1031 INDEMNITY (WAPA, FEB 2008)

H.15 WES-H-1032 REQUIRED INSURANCE (WAPA, FEB 2008)

H.16 WES-H-1033 CONTRACT PRICES (WAPA, FEB 2008)

H.17 WES-H-1034 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (WAPA, JAN 2010)

H.18 WES-H-1035 PROTECTION AND RESTORATION OF REAL ESTATE CROSSED BY RIGHT-OF-WAY

(WAPA, FEB 2008)

H.19 WES-H-1036 MOBILIZATION AND PREPARATORY WORK (WAPA, FEB 2008)

H.20 WES-H-1043 FOREIGN VISITORS AND CONTRACT EMPLOYEES (WAPA, MAY 2005)

H.21 WES-H-1045 ACCESS TO DOE OWNED OR LEASED FACILITIES (WAPA, NOV 2005)

H.22 WES-H-1050 SAFETY AND HEALTH - HIGH RISK (WAPA, MAY 2005)

H.23 WES-H-1055 EMPLOYEE CLEARANCE PROCEDURES (WAPA, FEB 2008)

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.2 952.202-1 DEFINITIONS

I.3 52.202-1 DEFINITIONS (JUL 2004)

I.4 52.203-3 GRATUITIES (APR 1984)

I.5 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

I.6 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

I.7 52.203-7 ANTI-KICKBACK PROCEDURES (OCT 2010)

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

ACTIVITY (JAN 1997)

I.9 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) I.10 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

I.11 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

I.12 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC 2010)

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I.13 52.214-26 AUDIT AND RECORDS--SEALED BIDDING (OCT 2010)

I.14 52.214-27 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA--

MODIFICATIONS-- SEALED BIDDING (OCT 2010)

I.15 52.214-28 SUBCONTRACTOR COST OR PRICING DATA--MODIFICATIONS--SEALED BIDDING (OCT 2010)

I.16 52.214-29 ORDER OF PRECEDENCE--SEALED BIDDING (JAN 1986)

I.17 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (JAN 2011)

I.18 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2011)

I.19 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999)

I.20 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (APR 2009)

I.21 52.222-3 CONVICT LABOR (JUN 2003)

I.22 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME COMPENSATION

(JUL 2005)

I.23 52.222-6 DAVIS-BACON ACT (JUL 2005)

I.24 52.222-7 WITHHOLDING OF FUNDS (FEB 1988)

I.25 52.222-8 PAYROLLS AND BASIC RECORDS (JUN 2010)

I.26 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

I.27 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

I.28 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (JUL 2005)

I.29 52.222-12 CONTRACT TERMINATION--DEBARMENT (FEB 1988)

I.30 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988)

I.31 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

I.32 52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988)

I.33 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

I.34 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

I.35 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (FEB 1999)

I.36 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. [SEP 2010]

I.37 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010

I.38 52.222-37 EMPLOYMENT REPORTS VETERANS (SEP 2010)

I.39 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

I.40 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

I.41 52.223-3 I HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)--

ALTERNATE I (JUL 1995)

I.42 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003)

I.43 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I.44 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS (MAY 2008)

I.45 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

I.46 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS (MAY 2008)

I.47 52.225-9 BUY AMERICAN ACT--CONSTRUCTION MATERIALS (SEP 2010)

I.48 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

I.49 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

I.50 52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

I.51 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

I.52 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

I.53 52.228-11 PLEDGES OF ASSETS (SEP 2009)

I.54 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (OCT 1995)

I.55 52.228-14 IRREVOCABLE LETTER OF CREDIT (DEC 1999)

I.56 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010)

I.57 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)

I.58 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002)

I.59 52.232-17 INTEREST (OCT 2010)

I.60 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

I.61 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

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I.62 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)

I.63 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR

REGISTRATION (OCT 2003)

I.64 52.233-1 DISPUTES (JUL 2002)

I.65 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I.66 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.67 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

I.68 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

I.69 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

I.70 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

I.71 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

I.72 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

I.73 52.236-8 OTHER CONTRACTS (APR 1984)

I.74 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS (APR 1984)

I.75 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

I.76 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

I.77 52.236-12 CLEANING UP (APR 1984)

I.78 52.236-13 ACCIDENT PREVENTION (NOV 1991)

I.79 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

I.80 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

I.81 52.236-17 LAYOUT OF WORK (APR 1984)

I.82 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

I.83 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

I.84 52.242-13 BANKRUPTCY (JUL 1995)

I.85 52.242-14 SUSPENSION OF WORK (APR 1984)

I.86 52.243-4 CHANGES (JUN 2007)

I.87 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2010)

I.88 52.245-1 GOVERNMENT PROPERTY (AUG 2010)

I.89 52.245-9 USE AND CHARGES (AUG 2010)

I.90 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

I.91 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

I.92 52.248-3 VALUE ENGINEERING--CONSTRUCTION (OCT 2010)

I.93 52.249-2 I TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004)--

ALTERNATE I (SEP 1996)

I.94 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

I.95 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

I.96 52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND

REINVESTMENT ACT OF 2009 (JUN 2010)

I.97 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

I.98 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2011)

I.99 52.223-18 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (SEP 2010)

I.100 52.228-1 BID GUARANTEE (SEP 1996)

I.101 52.236-4 PHYSICAL DATA (APR 1984)

SECTION J - LIST OF ATTACHMENTS

J.1 DOE-J-1001 LIST OF ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2011)

K.2 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

K.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011)

K.4 52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (SEP 2010)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

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

L.2 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

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L.3 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 (AUG 1998)

L.4 52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 1989)

L.5 52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

L.6 52.214-5 SUBMISSION OF BIDS (MAR 1997)

L.7 52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

L.8 52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)

L.9 52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

L.10 52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

L.11 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

L.12 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

L.13 52.216-1 TYPE OF CONTRACT (APR 1984)

L.14 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

L.15 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB 2009)

L.16 952.233-2 SERVICE OF PROTEST

L.17 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.18 952.233-4 NOTICE OF PROTEST FILE AVAILABILITY (AUG 2009)

L.19 952.233-5 AGENCY PROTEST REVIEW (SEP 1996)

L.20 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

L.21 DOE-L-1004 NUMBER OF AWARDS

L.22 DOE-L-1006 EXPENSES RELATED TO OFFEROR SUBMISSIONS

L.23 DOE-L-1011 SMALL BUSINESS SIZE STANDARDS AND SET-ASIDE INFORMATION

(UNRESTRICTED)

L.24 WES-L-1005 MAILED OR HANDCARRIED BID/PROPOSAL INSTRUCTIONS (WAPA, FEB 1997)

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 WES-M-1001 ADDITIONAL EVALUATION FACTORS (WAPA, NOV 1995)

M.2 WES-M-1002 AWARD ON AN ALL OR NOTHING BASIS (WAPA, NOV 1995)

M.3 WES-M-1008 UNBALANCED BIDS (WAPA, NOV 1999)

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

DE-FB65-11WC92983

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C.1 DOE-C-1004 SPECIFICATIONS

The Specifications are Attachment A listed in Section J.

(End of clause)

C.2 DOE-C-1005 DRAWINGS

The Drawings are Attachment B located in Section J or can be accessed at the following site: N/A (End of clause)

SECTION E

INSPECTION AND ACCEPTANCE

DE-FB65-11WC92983

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E.1 DOE-E-1001 INSPECTION AND ACCEPTANCE

Inspection and acceptance of all items under this contract shall be accomplished by the Contracting Officer, the Contracting Officer's Representative (COR), or any other duly authorized Government representative identified by the Contracting Officer. The contractor will be notified in writing or by a copy of the delegation of authority if a different representative is designated.

(End of Clause)

SECTION F

DELIVERIES OR PERFORMANCE

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F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to

(a) commence work under this contract within twenty (20)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 three hundred sixty-five (365) calendar days after receipt of Notice to Proceed. See Division 1 – General Requirements, Item D.2., Items a through f for intermediate completion dates.

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

(End of Clause)

F.2 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 $1087 for each calendar day of delay until the work is completed or accepted. Liquidated damages may also be assessed for each intermediate completion date(s) as established in the specifications.

(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.

(End of Clause)

F.3 52.211-13 TIME EXTENSIONS (SEP 2000)

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

(End of Clause)

F.4 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the 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.

SECTION G

CONTRACT ADMINISTRATION DATA

Page - 10

G.1 DOE-G-1007 CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer's Representative (COR) for the purposes of monitoring and coordinating the technical requirements of this contract is Patrick M. Doak.

Specific duties and responsibilities of the COR are those delegated in the Contracting Officer's Representative Delegation for this contract.

(End of clause)

G.2 WES-G-1002 ADMINISTRATIVE TIME FOR COMPLETION OF DRAWINGS (WAPA, JAN 2008)

a. The contractor is authorized up to 60 calendar days after the contract completion date to complete and submit final drawings, operation and maintenance manuals, and any other data required by the contract.

b. This period noted above is strictly for administrative purposes and is not an extension of the actual performance period of the contract. Liquidated damages are not applicable to this period.

(End of Clause)

G.3 WES-G-1005 CONTRACTOR'S CONTRACT ADMINISTRATION (WAPA, FEB 2008)

The name, title, phone number, office name, and complete mailing address of the Contractor's point of contact for contract administration, including defective or improper invoices, is as follows:

Name:________________________________ Title:_______________________________ Phone Number:________________________ E-mail address:______________________ Fax Number:__________________________ Company Name:________________________ Address:_____________________________ City/State/Zip:______________________

SECTION H

SPECIAL CONTRACT REQUIREMENTS

Page - 11

H.1 DOE-H-1021 CONSERVATION OF UTILITIES

The Contractor shall instruct Contractor employees in utilities conservation practices. The Contractor shall operate under conditions that precludethe waste of utilities. The Contractor shall use lights only in areas where and at the time when work is actually being performed except in those areas essential for purpose of safety and security.

(End of clause)

H.2 DOE-H-1022 PROTECTION OF TRAFFIC

TRAFFIC INTERFERENCE:

The Contractor shall conduct his operations so as to interfere as little as possible with the use of existing roads at or near locations where the work is being performed. When it is necessary to excavate a trench across an existing road, store materials thereon, or perform other work which would obstruct traffic, notification of the start of such work or storage of materials, and details of the proposed methods of providing the required facilities for safe and continuous use of roads shall be submitted to the Contracting Officer for approval at least 48 hours in advance thereof; and the Contractor shall, at his own expense, make such approved temporary provisions as are required to maintain at least one lane of traffic by bridging the excavation, providing ramps over surface obstructions, or providing a suitable temporary by-pass around the construction.

BARRICADES, BY-PASSES, AND WARNING SIGNS:

The Contractor will be required as a part of this contract to provide and erect, before construction begins, and maintain during the progress of construction, substantial barricades bridging over trenches, ramps, sidewalks, guard rails, and warning signs; furnish, place, and maintain adequate lights and warning signals; and provide flagmen and watchmen; which safeguards shall be provided as directed by the Contracting Officer where and as may be necessary to protect pedestrian and vehicular traffic. All such barricades and/or temporary bridging or other temporary construction shall be removed by the Contractor upon completion of the work necessitating the erection thereof.

(End of clause)

H.3 DOE-H-1023 PRESERVATION OF ANTIQUITIES, WILDLIFE AND LAND AREAS

(a) Federal Law provides for the protection of antiquities located on land owned or controlled by the Government. Antiquities include Indian graves or campsites, relics and artifacts. The Contractor shall control the movements of its personnel and its subcontractor's personnel at the job site to ensure that any existing antiquities discovered thereon will not be disturbed or destroyed by such personnel. It shall be the duty of the Contractor to report to the Contracting Officer the existence of any antiquities so discovered.

(b) The Contractor shall also preserve all vegetation (including wetlands) except where such vegetation must be removed for survey or construction purposes. Any removal of vegetation shall be in accordance with the terms of applicable habitat mitigation plans and permits. Furthermore, all wildlife must be protected except for management programs approved by the Contacting Officer.

(c) Except as required by or specifically provided for in other provisions of this contract, the Contractor shall not perform any excavations, earth borrow, preparation of borrow areas, or otherwise disturb the surface soils within the job site without the prior approval of DOE or its designee.

(End of clause)

Page - 12

H.4 DOE-H-1024 ALTERNATIVE DISPUTE RESOLUTION (ADR)

(a) The DOE and the Contractor both recognize that methods for fair and efficient resolution of significant disputes are essential to the successful and timely achievement of critical milestones and completion of all Contract requirements. Accordingly, the parties agree that in the event of a dispute to jointly select a "standing neutral." The standing neutral will be available to help resolve disputes as they arise. Such standing neutral can be an individual, a board comprised of three independent experts, or a company with specific expertise in the Contract area. If a standing neutral cannot be agreed upon, the DOE Office of Dispute Resolution will make a selection. Specific joint ADR processes shall be developed.

(b) The parties agree the following provision may be invoked for significant disputes upon mutual agreement of the DOE and the Contractor:

(1) DOE and the Contractor shall use their best efforts to informally resolve any dispute, claim, question, or disagreement by consulting and negotiating with each other in good faith, recognizing their mutual interests, and attempting to reach a just and equitable solution satisfactory to both parties. If any agreement cannot be reached through informal negotiations within 30 days after the start of negotiations, then such disagreement shall be referred to the standing neutral, pursuant to the jointly-developed ADR procedures.

(2) The standing neutral will not render a decision, but will assist the parties in reaching a mutually satisfactory agreement. In the event the parties are unable after 30 days to reach such an agreement, either party may request, and the standing neutral will render, a non-binding advisory opinion. Such opinion shall not be admissible in evidence in any subsequent proceedings.

(c) If one party to this Contract requests the use of the process set forth in Paragraphs b(1) and b(2) of this clause and the other party disagrees, the party disagreeing must express its position in writing to the other party. On any such occasion, if the party requesting the above process wishes to file a claim under the Section I, FAR 52.233-1 Disputes or FAR 52.233-1 Disputes Alternate I, it must do so within 30 days of receipt of the written position from the other party.

(End of clause)

H.5 DOE-H-1025 CONTRACTOR INTERFACE WITH OTHER CONTRACTORS AND / OR GOVERNMENT

EMPLOYEES

The Government may undertake or award contracts for work or services. The Contractor shall cooperate fully with all other on site DOE Contractors, and with Government employees, and carefully fit its own work to such other work as may be directed by the Contracting Officer or a duly authorized representative.

The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor or by a Government employee.

(End of clause)

H.6 DOE-H-1049 GREEN PURCHASING UNDER DOE CONSTRUCTION CONTRACTS

Pursuant to Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management, the Department of Energy is committed to managing its facilities in a manner that will promote the natural environment and protect the health and well being of its Federal employees and contractors. In the performance of work under this contract, the Contractor shall exert its best efforts to provide its services in a manner that will promote the natural environment and protect the health and well being of Federal employees, contract service providers and visitors using the facility. Green purchasing or environmentally preferable contracting has several interacting initiatives.

Among the initiatives are the following:

- Recycled Products are described at http://epa.gov/cpg

- Biobased Products are described at http://www.biopreferred.gov/

Page - 13

- Energy efficient products are at http://energystar.gov/products for Energy Star products

- Energy efficient products are at http://www.eere.energy.gov/femp/procurement for FEMP designated products

- Environmentally Preferable Computers are at http://www.epeat.net

- Non-Ozone Depleting Alternative Products are at http://www.epa.gov/ozone/strathome.html

- Water efficient plumbing products are at http://epa.gov/watersense To the extent that the services provided by the Contractor require provision of any of the above types of products, the Contractor shall specify the environmentally preferable type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products, or does not meet reasonable performance standards. The clauses at FAR 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts, 52.223-15, Energy Efficiency in Energy Consuming Products, and 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts, in Section I require the use of products that have biobased content, are energy efficient, or have recycled content. In case of an apparent inconsistency between this provision and any specification elsewhere in the contract, consult the contracting officer for resolution.

H.7 WES-H-1002 RETAINAGE/HOLDBACK FOR UNDELIVERED DATA (WAPA, APR 2009)

The Government may retain/holdback up to ten (10) percent of the invoiced amount and final payment will not be made until all final drawings, as-builts, operation and maintenance manuals, and any other data required under the contract have been delivered to and accepted by the Government.

(End of Clause)

H.8 WES-H-1006 LIMITATION OF COSTS RESULTING FROM SUBCONTRACTOR PRICE

ADJUSTMENTS (WAPA, FEB 2008)

a. When contract price adjustments are allowed for performance wholly or substantially by subcontractors or suppliers, the Government will reimburse the prime contractor for actual associated indirect costs and profit up to a maximum adjustment of 10% of the total adjustment allowed for the subcontractor or supplier.

b. Where more than one tier of subcontractors or suppliers are involved in contract performance, the total allowance for the prime contractor's indirect cost and profit shall not exceed 10% of the total adjustment allowed for all subcontractors or suppliers who wholly or substantially perform the work.

(End of Clause)

H.9 WES-H-1007 BREAKDOWN OF CONTRACT PRICES (WAPA, FEB 2008)

In addition to the requirements of the contract clause entitled "Payments under Fixed Price Construction Contracts", the contractor shall submit a detailed breakdown of the total contract price within 30 calendar days after the date of the notice to proceed. The price breakdown shall be submitted in triplicate to the Contracting Officer's Representative (COR) designated in this contract. The breakdown of contract costs shall be arranged by bid item with a further, more detailed division into the various kinds of work which make up the bid item. Contract costs shall be furnished for each bid item detailing the various kinds of work covered in the technical paragraphs of the specifications.

The cost breakdown shall show the quantities of each type of work, the unit prices for materials, labor, and equipment, as well as the total price. The contractor shall obtain cost information from its subcontractor(s) as required, to provide the Government with a complete breakdown of the actual bid price.

Page - 14

H.10 WES-H-1008 BACKCHARGES TO CONTRACTOR (WAPA, FEB 2008)

a. Where this contract provides for charges to the contractor for costs incurred by the Government for services, materials, or use of equipment, such charges will include the costs of labor and materials, a reasonable allowance for use of equipment, and other expenditures which can be directly assigned to the services or materials furnished, plus an additional 20% of the total direct costs for Government overhead (indirect costs).

b. In the event this contract is terminated for default under FAR clause 52.249-10, Default (Fixed-Price Construction) (APR 1984), the increased costs the Government is entitled to recover shall include those costs which are necessary for, and directly assignable to, completing the remaining work subsequent to the termination that would not have been required had the termination not occurred. In addition, the Government shall be entitled to an additional 20% of the total direct completion costs for administrative overhead.

(End of Clause)

H.11 WES-H-1009 RIGHT TO USE AND OPERATE UNSATISFACTORY EQUIPMENT (WAPA, FEB

2008)

After installation of the equipment being purchased under this contract, if the operating parameters, materials, or equipment furnished by the contractor fail to comply with the specifications contained in this contract, the Government shall have the right to use the materials and/or operate the equipment until the defects, errors, or omissions can be corrected.

(End of Clause)

H.12 WES-H-1011 CHANGE ORDER ACCOUNTING (WAPA, FEB 2008)

a. The contractor shall maintain separate change order accounting records whenever the cost of a contract modification/change, or series of related changes, is expected to exceed $50,000. The contractor shall maintain separate accounting records for each contract modification/change using appropriate accounting procedures for all segregable, incurred costs for work allocable to each change.

b. The contractor shall maintain these records until the Government and the contractor agree to an equitable adjustment for the changes ordered by the Contracting Officer, or until the matter is conclusively disposed of in accordance with the Disputes clause.

(End of Clause)

H.13 WES-H-1027 INCORPORATION OF SUBCONTRACTING PLAN (WAPA, FEB 2008)

The contractor's Small Business and Small Disadvantaged Business Subcontracting Plan, dated (to be completed before contract award date) including any amendments thereto, is hereby incorporated into this contract by reference.

(End of Clause)

H.14 WES-H-1031 INDEMNITY (WAPA, FEB 2008)

The contractor shall hold harmless and indemnify the United States and its officers, representatives, and employees, from all claims, losses, damages, actions, causes of action, expenses, and/or liability resulting from, brought for, or on account of, any loss, personal injury, death, or property damage, including but not limited to incidents related to the transportation, removal, disposal, and/or accidental discharge of toxic and/or hazardous waste or material, received or sustained by any person or persons, including but not limited to the contractor, the United States, or third parties, and any of their employees, agents, officers, or representatives, to the extent caused by, Page - 15 growing out of, resulting from, incident to, or connected with, the contractor's negligent performance under this contract.

(End of Clause)

H.15 WES-H-1032 REQUIRED INSURANCE (WAPA, FEB 2008)

a. The contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

(1) Workman's Compensation Insurance in accordance with the laws of the state where contract performance occurs; Occupational Disease Coverage; and Employees Liability Coverage.

(2) Comprehensive General and Automobile Liability Insurance with the following minimum coverages:

(i) GENERAL LIABILITY

(A) Bodily Injury $500,000 per occurrence.

(B) Property Damage $500,000 each accident;

$1,000,000 in the aggregate.

(ii) AUTOMOBILE INSURANCE

(A) Bodily Injury, $200,000 per person;

$500,000 per occurrence.

(B) Property Damage, per occurrence: $50,000.

b. These policies shall have appropriate language waiving all subrogation rights against the Government, unless otherwise approved by the Contracting Officer.

c. Prior to the commencement of work under this contract, the contractor shall furnish a copy of the insurance certificate (binder) or other objective evidence of the above-required insurance to the Contracting Officer. The policies shall contain an endorsement to the effect that cancellation or any material change in the insurance policies that adversely affect the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed, and in no event less than thirty (30) days after written notification is provided to the Contracting Officer.

d. The contractor agrees to insert the substance of this clause, including this paragraph (d), into any subcontracts issued under this contract.

(End of Clause)

H.16 WES-H-1033 CONTRACT PRICES (WAPA, FEB 2008)

Payment for the various line items listed in Section B shall constitute full compensation for furnishing all plant, labor, equipment, appliances and materials; for performing all operations required to complete the work in conformity with the drawings and specifications, including installation and erection of the total system; necessary engineering services; and all drawings, data and/or reports.

(End of Clause)

H.17 WES-H-1034 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (WAPA, JAN 2010)

(a) Pursuant to Section 12 of the Reclamation Project Act of 1939 (43 U.S.C.

388) and Section 641 of the Department of Energy (DOE) Organization Act (42 U.S.C. 7252), incremental funding will be made available in accordance with this clause. These statutes permit the Secretary of Energy to enter into contracts in which the liability of the United States shall be contingent upon the availability of appropriations. For purposes of this clause, incremental funding means funds appropriated by Congress to DOE and the Western Area Power Administration (Western) and/or funds provided to DOE and Western through non-appropriated funding sources.

(b) Incremental funding in the amount of $(to be determined at time of award) is presently available and allotted under this contract for Appeldorn Substation, Stage 01, Minnesota. A schedule for anticipated future funding

Page - 16 allotments follows. This information is for planning purposes only and does not represent funds actually allotted. Future funding will become available when allotted to the contract by modification. The contractor hereby acknowledges and assumes the risks associated with prosecuting work at a rate that exhausts allotted funds before the next installment of incremental funding becomes available. INCREMENTAL FUNDING AMOUNTS Target funding date Percent Contract Award Date 50% 120 Days After Award 50%

(c) For work identified in paragraph (b) of this clause, the contractor agrees to perform work up to the point at which the total amount payable by Western is equal to the total amount currently allotted to the contract. The contractor shall not be obligated to continue performance of work beyond that point. Western shall not be obligated in any event to reimburse the contractor in excess of the amount allotted to the contract for work performed.

(d) (1) Notwithstanding the amounts specified in paragraph (b) of this clause, the contractor shall notify the Contracting Officer in writing: (i) at least thirty calendar days prior to the date when; in the contractor's best judgment, the work will reach the point at which the total amount funded by Western will approximate 75 percent of the total amount currently allotted to the contract for performance of work identified in paragraph (b) of this clause, and (ii) an estimate of additional funding needed to continue performance of work up to the next target funding date identified in paragraph (b) of this clause, or to a date as mutually agreed by the parties.

(2) If after such notification additional funds are not allotted by the next target funding date identified in the contractor's notification, or by the mutually agreed date, the Contracting Officer may, pursuant to the "Termination for Convenience of the Government" clause of this contract, terminate any remaining work for which additional funds have not been allotted.

(e) The termination provisions of this clause do not limit the rights of Western under the "Default" clause of this contract. The provisions of this clause are limited to performance of work as it relates to the incremental funding of this contract. This clause does not apply once the contract is fully funded.

(f) Change orders shall not be considered authorization to exceed the amount allotted by Western as specified in paragraph (b) of this clause unless the change order specifically includes the increased amount.

(g) Nothing in this clause affects the right of Western to terminate this contract pursuant to the "Termination for Convenience of the Government" clause of this contract.

(End of clause)

H.18 WES-H-1035 PROTECTION AND RESTORATION OF REAL ESTATE CROSSED BY RIGHT-OF-

WAY (WAPA, FEB 2008)

a. General. The contractor shall limit the movement of its crews and equipment to the right-of-way, including access routes. The contractor shall further limit movement on the right-of-way so as to minimize damage to grazing land, crops, orchards, or other real and personal property, and shall avoid marring the land. The contractor shall be responsible for all damages off the right-of-way and shall settle all such damage claims directly with the property owner. Pursuant to FAR 52.236-7 "Permits and Responsibilities," the contractor shall be responsible for all damages that are a result of its fault or negligence.

b. Restoration of Land to Original Conditions. When weather and ground conditions permit, the contractor shall obliterate all contractor caused ruts that are hazardous to farming operations and to movement of equipment. Such ruts shall be leveled, filled, and graded or otherwise eliminated in an approved manner. Ruts, scars, and compacted soils in hay meadows, alfalfa fields, pastures, and cultivated productive lands shall have the soil loosened and leveled by scarifying, harrowing, disking, or other approved methods.

Page - 17

c. Hillside Erosion Prevention. Water turnoff bars or small terraces shall be constructed across all right-of-way trails on hillsides to prevent water erosion and to facilitate natural re-vegetation on the trails.

d. Irrigation Ditches, Drainage Ditches, Terraces, and Title Drains. The contractor shall take measures, especially during the irrigation season, to ensure that its operations do not affect the operation of irrigation and drainage ditches, terraces, and title drains, and ensure that any other irrigation features are adequately protected during contract performance.

e. Resolution of Damage Claims. The contractor shall promptly notify the property owner(s) of any damage caused by the contractor. The contractor, within 60 days of its knowledge of, or notice from, a landowner of damage off the right-of-way caused by the contractor's operations shall notify the Contracting Officer's Representative in writing of the disposition of each claim. In order to adequately protect the Government against landowner claims, demands, or liabilities arising out of the contractor's construction operations under this contract, the Contracting Officer may withhold progress payments, in whole or in part, due the contractor until landowner claims are settled.

(End of Clause)

H.19 WES-H-1036 MOBILIZATION AND PREPARATORY WORK (WAPA, FEB 2008)

a. General. The contractor will be compensated for mobilization and preparatory work in accordance with the terms of this contract. Mobilization and preparatory work may include movement of personnel, equipment, supplies, and incidentals to the project site; establishment of offices, buildings, plants and other facilities at the project site; payment of premiums for bonds and insurance for the project; necessary costs for acquisition of equipment; and for any other work which must be performed incident to the start of construction at the site.

b. Facilities, plants, and equipment required for this project that are established at, or brought to, the worksite are subject to the provisions of this clause unless the Contracting Officer specifically excludes, in writing, a particular item or items. The contractor is solely responsible for the adequacy, efficiency, use, protection, maintenance, repair, and preservation of all its facilities, plants, and equipment. The facilities, plants, and equipment covered by this paragraph shall not be dismantled or removed from the worksite prior to completion of the work specified in the contract without the written permission of the Contracting Officer.

c. Termination for Default. In the event the contractor's right to proceed is terminated as provided by the contract clause entitled Default, all facilities, plants, and equipment on the worksite are subject to Western's right to take possession of and utilize the same for completion of the work. In addition, any encumbrance, lien, or other security interest on any such facilities, plants, or equipment shall be subordinate to Western's right to utilize these facilities, plants and equipment to complete the work under the contract.

d. Payment. Payment for mobilization and preparatory work will be made at the lump sum price specified in Section B of the contract. Progress payments for mobilization and preparatory work will be made as follows:

(1) When 5 percent of the total amount of the original contract is earned from other schedule items, 50 percent of the amount agreed upon for mobilization and preparatory work will be paid.

(2) When 10 percent of the total amount of the original contract is earned from other schedule items, the…