21._DE-SOL-0008502.pdf

eray Typewritten Text eray@wapa.gov eray Typewritten Text eray Typewritten Text See FAR 52.211-10

Typewritten Text

See Section B - Bid Schedule Supplies of Service or prices/costs

GOS 0001C-ACF-30100-J5600-2522-10-APR-15-ACF-100259477-779955

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SECTION B

SUPPLIES OR SERVICES AND PRICES

BIDDING SCHEDULE

GOSHEN COUNTY SUBSTATION, STAGE 01

CLIN Work or Material Estimated Quantity Unit Unit Price Amount

0001 Mobilization and preparatory work (Not to exceed 5% of TOTAL. See Section M.)

LS $

0002 Miscellaneous sitework LS $

0003 Removing existing transmission line LS $

0004 Stripping LS $

0005 Excavation for substation site LS $

0006 Embankments LS $

0007 Chain link fence LS $

0008 Gravel surfacing LS $

0009 Seeding LS $

0010 Oil detention basins LS $

0011 Asphalt Paving LS $

0012 Concrete foundations for substation steel structures

631 CY $ $

0013 Concrete foundations for transmission line steel pole structures

227 CY $ $

0014 Type "C" cable trench LS $

0015 Steel structures, welded (galvanized) 226,075 LB $ _________ $ __________

0016 267N-70 (BP) 1 EA $ $

0017 267N-75 (BP) 1 EA $ $

0018 Structure Type 55 SS-1 1 EA $ $

0019 Structure Type 60 SS-1 1 EA $ $

0020 Structure number 13/11 1 EA $ $

0021 Structure number 13/12 1 EA $ $

0022 Power transformer, 230-kV, 100 MVA, three-phase (Government-furnished)

1 EA $ $

0023 Power transformer, 115-kV, 50 MVA, three-phase (Government-furnished)

1 EA $ $

0024 Power circuit breaker, 230-kV, 3,000 amp (Government-furnished)

3 EA $ $

0025 Power circuit breaker, 115-kV, 3,000 amp (Government-furnished)

3 EA $ $

0026 Power circuit breaker, 69-kV, 2,000 amp (Government-furnished)

1 EA $ $

0027 Disconnecting switch, manual group-operated, 230-kV, 2,000 amp

7 EA $ $

0028 Disconnecting switch, manual group-operated with ground blades, 230-kV, 2,000 amp

2 EA $ $

0029 Disconnecting switch, manual group-operated, 115-kV, 2,000 amp

7 EA $ $

0030 Disconnecting switch, manual group-operated with ground blades, 115-kV, 2,000 amp

1 EA $ $

Furnishing and installing transmission line wood pole structures as follows:

Furnishing and installing transmission line glued laminated wood pole structures as follows:

Furnishing and installing transmission line steel pole structures as follows:

0031 Disconnecting switch, manual group-operated, 34.5-kV, 1,200 amp

2 EA $ $

0032 Disconnecting switch, manual group-operated with ground blades, 34.5-kV, 1,200 amp

1 EA $ $

0033 Coupling capacitor voltage transformer, 230-kV, single-phase

8 EA $ $

0034 Coupling capacitor voltage transformer, 115-kV, single-phase

10 EA $ $

0035 Voltage transformer, 34.5-kV, single-phase 3 EA $ $

0036 Voltage transformer, 14.4-kV, 2 kVA, single-phase

6 EA $ $

0037 Neutral grounding resistor, 12 ohm, 208 V, single-phase

2 EA $ $

0038 Distribution transformer, 13.8-kV, 225 kVA, 3-phase

2 EA $ $

0039 Combination load interrupter and fuse disconnecting switch, 14.4-kV

2 EA $ $

0040 Grounding system LS $

0041 Outdoor bus systems LS $

0042 Associated electrical equipment and material LS $

0043 Automatic transfer switch, 208 V, 600 amp LS $

0044 DC and AC distribution boards LS $

0045 Furnishing 5/c No. 10 AWG control cable 25,000 LF $ $

0046 Installing 5/c No. 10 AWG control cable 25,000 LF $ $

0047 Furnishing 12/c No. 10 AWG control cable 20,000 LF $ $

0048 Installing 12/c No. 10 AWG control cable 20,000 LF $ $

0049 Vertical switchboard sections (9) CHA1 throught CHA5, CHB1 through CHB4, and cable termination cabinets (2) CHT1 through CHT2 (Government-furnished)

LS $

0050 Station battery system (Government-furnished)

LS $

0051 Station battery chargers (Government-furnished)

2 EA $ $

0052 Fiber optic cable LS $

0053 Approach spans LS $

0054 Service building LS $

0055 Microwave facilities LS $

TOTAL $

ABBREVIATIONS

CLIN = contract line item number CY=cubic yards EA=each LB=pounds LF=linear feet LS=for the lump sum of

NOTE: The Buy American Act applies to this solicitation. Refer to FAR Clause 52.225-9 (Section I) and FAR Provision 52.225-10 (Section L) if any non-domestic material will be proposed. Bidders must identify any non-domestic materials (not manufactured in United States) included in their bid. Please check with you suppliers and subcontractors to verify whether or not their quote includes non-domestic material.

DE-SOL-0008502 Page 7

Effective through FAC 2005-83 July 02, 2015

SECTION C – DESCRIPTION/SPECIFICATIONS

DOE-C-1004 SPECIFICATIONS

The Specifications are Attachment A listed in Section J.

(End of clause)

DOE-C-1005 DRAWINGS

The Drawings are Attachment B and Attachment C located in Section J or can be accessed at the following site: http://www.wapa.gov/business/buys.htm

SECTION E – INSPECTION AND ACCEPTANCE

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 in designated.

SECTION F – DELIVERIES OR PERFORMANCE

52.211-10 COMMENCEMENT, PROCECUTION, AND COMPLETION OF WORK (APRIL 1984)

The Contractor shall be required to

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 545 Days.* The time stated for completion shall include final cleanup of the premises.

(End of Clause)

52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION (SEPT 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 $1,110.10 for each calendar day of delay until the work is completed or accepted.

http://www.wapa.gov/business/buys.htm

DE-SOL-0008502 Page 8

(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)

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 judgment of the Contracting Officer, is justified.

(End of Clause)

SECTION G – CONTRACT ADMINISTRATION DATA

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 to be assigned at contract award.

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

WES-G-1001 CORRESPONDENCE PROCEDURES (WAPA, JAN 2008)

a. The designated DOE contract specialist is the focal point for all non-technical matters related to this contract. The DOE contract specialist for this contract is:

Contract Specialists Name: Eileen Ray Telephone: 970-461-7619 U.S. Department of Energy Western Area Power Administration

ATTN: J1535

5555 East Crossroads Blvd

Loveland, CO 80539-3003

b. All correspondence submitted under this contract shall reference the contract number.

c. One copy of all correspondence related to this contract shall be sent to each of the following:

1. The DOE Contract Specialist.

2. The DOE Contracting Officer.

3. The DOE Contracting Officer's Representative (COR).

4. The DOE Patent Counsel (only if patent or technical data issues are involved).

d. If a Government Contract Administration Office (CAO) other than DOE has been designated for this contract, a copy of all correspondence shall also be sent to the Government CAO.

The assigned CAO, if any, is designated on the form used to award this contract.

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.

DE-SOL-0008502 Page 9

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.

WES-G-1004 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

DOE-H-1011 Department of Labor Wage Determinations In the performance of this contract the Contractor shall comply with the requirements of the U.S.

Department of Labor Wage Determination(s) located in Section J, Attachment D and 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRE when applicable.

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.

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

DE-SOL-0008502 Page 10 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 consistent with 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.

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 they may proceed in accordance with Section I, FAR 52.233-1 Disputes or FAR 52.233-1 Disputes Alternate I.

DOE-H-1025 Contractor Interface with Other Contractors and/or Government Employees

The Government may award contracts for on site work or services to additional contractors. 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

DE-SOL-0008502 Page 11

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.

DOE-H-1049 Sustainable Acquisition under DOE Construction Contracts (May 2011)

Pursuant to Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management, and 13514, Federal Leadership in Environmental, Energy, and Economic Performance, the Department of Energy is committed to managing its facilities in an environmentally preferable manner that will promote the natural environment and protect the health and well being of its Federal employees and contractor service providers. 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 and contract employees at the facility. Sustainable acquisition or environmentally preferable contracting has several interacting initiatives. Among the initiatives are the following:

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

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

• 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 is expected to provide the sustainable, 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 of this contract 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.

DOE-H-1051 CONSECUTIVE NUMBERING (MAY 2009)

Due to automated procedures employed in formulating this document, clauses and provisions contained within may not always be consecutively numbered.

DOE-H-1059 Material Safety Data Sheet Availability (July 2011)

In implementation of the clause in Section I entitled, "FAR 52.223-3 Hazardous Material Identification and Material Safety Data," the Contractor shall obtain, review and maintain a material safety data sheet (MSDS) in a readily accessible manner for each hazardous material (or

DE-SOL-0008502 Page 12 mixture containing a hazardous material) ordered, delivered, stored or used; and maintain an accurate inventory and history of use of hazardous materials at each use and storage location.

The MSDS shall conform to the requirements of 29 CFR 1910.1200(g).

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

The Government may retain/holdback up to ten (10) percent of the above line items total amount, as shown in Schedule B of the contract, until all required deliverable data has been delivered and accepted, and final payment will not be made until all final drawing, as-builts, operation and maintenance manuals, and any other data required under the contract have been delivered to and accepted by the Government.

WES-H-1005 REQUIRED INSURANCE - POLLUTION LIABILITY (WAPA, FEB 2008)

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

(1) Workman's compensation. In accordance with the laws of the state where work is being performed, including Occupational Disease Coverage and Employees Liability Coverage.

(2) Unless otherwise authorized by the contracting officer, all policies shall have appropriate language waiving all subrogation rights against the Government.

b. The Contractor shall procure and maintain Pollution Liability Insurance for accidental discharge of toxic and/or hazardous material. Such insurance shall have limits of not less than one million dollars ($1,000,000) per occurrence. This paragraph is applicable to the prime contractor and any subcontractor dealing with hazardous or toxic waste for the period that hazardous and/or toxic waste is being disposed of or otherwise handled.

c. Prior to the commencement of work, the Contractor shall furnish a copy of the above-required insurance to the Contracting Officer. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting 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 notice is given to the Contracting Officer.

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

WES-H-1006 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.

WES-H-1007 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

DE-SOL-0008502 Page 13 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.

WES-H-1008 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.

WES-H-1022 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, growing out of, resulting from, incident to, or connected with, the contractor's negligent performance under this contract.

WES-H-1023 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;

$50,000 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

DE-SOL-0008502 Page 14 any subcontracts issued under this contract.

WES-H-1024 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.

WES-H-1026 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.

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.

WES-H-1027 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

DE-SOL-0008502 Page 15 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. Progresspayments 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 balance of the amount agreed upon for mobilization and preparatory work will be paid.

e. Progress payments for mobilization and preparatory work shall be subject to retainage as provided by FAR 52.232-5, "Payments Under Fixed-Price Construction Contracts." In addition, the line item for mobilization and preparatory work will not be considered to be a separate division of the work, completion of which would permit the payment of the complete item price without retention.

WES-H-1031 FOREIGN VISITORS AND CONTRACT EMPLOYEES (WAPA, MAY 2005)

The Contractor must receive prior, written approval from the appropriate Western Security Manager (WSM) before any non-U.S. Citizens (Foreign Nationals) visit or work at any Western Area Power Administration (Western) facility. The Contractor must certify in writing that:

1) each of their employees working under this contract that may visit or be assigned to work at any Western facility is a U.S. Citizen, or;

2) the Contractor shall provide an accurately completed Foreign National Data Card, WAPA Form 3000-72, Attachment F for each of their Foreign National employees that may visit or work at any Western facility. The Contractor shall forward the completed Form to the COR at least 45 days in advance of each Foreign National employee's visit or their beginning of work. Foreign National employees shall not be allowed on-site at any Western facility without prior approval of the cognizant WSM. Circumstances which do not allow a 45 day notification require prior, written approval of the cognizant WSM. The Contractor shall include this requirement in any subcontract it issues under this contract. Western reserves the right to remove any contract employee from Western's property pending the conclusion of the Foreign National background check.

WES-H-1037 SAFETY AND HEALTH - HIGH RISK (WAPA, MAY 2005)

In performing the work required by this contract, the Contractor shall comply with all applicable Federal, State, or local safety, health, or industrial safety codes including the latest effective standards promulgated by the Department of Labor, Occupational Safety and Health Administration; Safety and Health Standards 29 CFR 1910, 29 CFR 1925; and the Construction Safety and Health regulations promulgated under Section 107 of the Contract Work Hours and Safety Standards Act, 29 CFR 1926. If there is a conflict between the requirements of the applicable Federal, State, or local safety, health, or industrial safety codes, the more stringent requirements shall prevail. For any cranes used in the performance of this contract, a copy of the crane inspection records shall be furnished to Western's on-site representative prior to the performance of work. The United States is liable only for negligence on the part of its employees in accordance with the Federal Tort Claims Act, as amended. Prior to starting work, an on-site safety meeting shall be held with Western's representative to address and discuss safety procedures related to the work required.

In addition, the contractor agrees to the following requirements:

1. A hazard evaluation will be developed for each major work component.

2. The Contractor agrees that Western has the right to remove any supervisor that does not adhere to said requirements.

DE-SOL-0008502 Page 16

WES-H-1048 LIMITATION OF COSTS RESULTING FROM SUBCONTRACTING 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.

SECTION I – CONTRACT CLAUSES

52.202-1 DEFINITIONS (NOV 2013)

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 ILLGEGAL OR

IMPROPER ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-12 - LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010)

52.203-13 – CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

52.203-14 – DISPLAY OF HOTLINE POSTER(S). (DEC 2007)

52.203-17 – CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

52.52.204-4 - PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER (MAY 2011)

52.204-13 – SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

52.204-14 – SERVICE CONTRACT REPORTING REQUIREMENTS (JAN 2014)

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)

52.209-10 – PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(DEC 2014)

DE-SOL-0008502 Page 17

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

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

MODIFICATIONS -- SEALED BIDDING (AUG 2011)

52.214-28 - SUBCONTRACTOR CERTIFIED COST OR PRICING DATA -- MODIFICATIONS --

SEALED BIDDING (OCT 2010)

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

52.219-6 - NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

52.219-8 - UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014)

52.219-14 - LIMITATIONS ON SUBCONTRACTING (NOV 2011)

52.219-28 – POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

52.222-3 - CONVICT LABOR (JUNE 2003)

52.222-4 - CONTRACT WORK HOURS AND SAFETY STANDARDS -- OVERTIME

COMPENSATION. (MAY 2014)

52.222-5 – CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE

WORK (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 REQUIREMENTS 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 (APR 2015)

52.222-26 - EQUAL OPPORTUNITY (APR 2015)

52.222-27 - AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION

(APR 2015)

52.222-35 - EQUAL OPPORTUNITY FOR VETERANS (JUL 2014)

52.222-36 – EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

52.222-37 - EMPLOYMENT REPORTS ON VETERANS (JUL 2014)

52.222-40 – NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

DE-SOL-0008502 Page 18

52.222-50 - COMBATING TRAFFICKING IN PERSONS (MAR 2015)

52.222-54 – EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2013)

52.222-55 - MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2014)

52.223-2 - AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

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

52.223-6 - DRUG-FREE WORKPLACE (MAY 2001)

52.223-17 – AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS (MAY 2008)

52.223-18 – ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011)

52.225-13 - RESTRICTION ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.227-1 - AUTHORIZATION AND CONSENT (DEC 2007)

52.227-4 - PATENT INDEMNITY -- CONSTRUCTION CONTRACTS (DEC 2007)

52.228-2 - ADDITIONAL BOND SECURITY (OCT 1997)

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

52.228-11 - PLEDGES OF ASSETS (JAN 2012)

52.228-12 - PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (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)

52.232-39 – UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 – PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

52.233-1 - DISPUTES (MAY 2014) – Alternate I (Dec 1991)

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)

DE-SOL-0008502 Page 19

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 – ALTERNATE I (NOV 1991)

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) –

ALTERNATE I (APR 1984)

52.236-26 - PRECONSTRUCTION CONFERENCE (FEB 1995)

52.242-13 - BANKRUPTCY (JUL 1995)

52.242-14 - SUSPENSION OF WORK (APR 1984)

52.243-4 - CHANGES (JUN 2007)

52.243-6 - CHANGE ORDER ACCOUNTING (APR 1984)

52.244-6 - SUBCONTRACTS FOR COMMERCIAL ITEMS (APR 2015)

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

52.246-21 - WARRANTY OF CONSTRUCTION (MAR 1994)

52.248-3 - VALUE ENGINEERING -- CONSTRUCTION (OCT 2010)

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

2012) – ALTERNATE I (SEP 1996)

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

52.253-1 – COMPUTER GENERATED FORMS (JAN 1991)

952.202-1 - DEFINITIONS.

52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015) (DEVIATION 2015-02)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

DE-SOL-0008502 Page 20

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) (1) In accordance with section 7 43 of Division E, Title VI I, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(e) (2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

52.223-3 - HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN

1997)

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material

(If none, insert “None”)

Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph

(d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

DE-SOL-0008502 Page 21

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to --

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of Clause)

Alternate I (Jul 1995). If the contract is awarded by an agency other than the Department of Defense, add the following paragraph (i) to the basic clause:

(i) Except as provided in paragraph (i)(2), the Contractor shall prepare and submit a sufficient number of Material Safety Data Sheets (MSDS’s), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous materials identified in paragraph (b) of this clause.

(1) For items shipped to consignees, the Contractor shall include a copy of the MSDS’s with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit MSDS’s to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer.

(2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS’s in or on each shipping container. If affixed to the outside of each container, the MSDS’s must be placed in a weather resistant envelope.

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS. (MAY 2008)

(a) Definitions. As used in this clause-

"Postconsumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material."

"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but

DE-SOL-0008502 Page 22 the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall-

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to individual who will be identified at contract award.

52.225-9 - BUY AMERICAN–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. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems…