RFP BILLINGS SIPHON INSPECTION REQUEST FOR PROPOSAL SEPT 2024.pdf

REQUEST FOR PROPOSALS (RFP)

For

Billings Siphon Pipeline Inspection Service

Proposals are due October 25, 2024 at 1 PM Pacific Time Talent Irrigation District

104 West Valley View Road, PO Box 467

Talent OR 97540

Phone: 541-535-1529

E-Mail: tid@talentid.org

Website: www.talentid.org

September 2024 mailto:tid@talentid.org https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.talentid.org%2F&data=05%7C02%7Ctheintzman%40usbr.gov%7C4c368997de5f4330c15108dcc2cf5efa%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C638599443126206637%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=p6WlyeHQKtGl98eh%2FTZ6izSkpdDnzYdwzfmtcLMlzOI%3D&reserved=0

Request for Proposals

Talent Irrigation District Billings Siphon Pipeline Inspection Services

TABLE OF CONTENTS

Contents

INTRODUCTION

BACKGROUND INFORMATION

SCOPE OF WORK

SERVICES PROVIDED BY TALENT IRRIGATION DISTRICT

PROPOSAL REQUIREMENTS and EVALUATION CRITERIA

RFP SCHEDULE

ATTACHMENTS

Appendix A – LOCATION MAP

Appendix B - CONSTRUCTION DRAWINGS AND SPECIFICATIONS

INTRODUCTION

Talent Irrigation District (TID) is requesting proposals for professional inspection services for the Billings Siphon Pipeline. Experienced inspection firms are requested to submit proposals on or before October 25, 2024, at 1 PM Pacific Time. This RFP is intended to provide background information for the requested service and existing site conditions.

TID operates an extensive network of irrigation water collection and delivery including the Billings Siphon. TID and the United States Bureau of Reclamation (Reclamation) have a long-standing relationship in the operation and maintenance of Reclamation administered facilities. These facilities are held in title by the United States and operated by TID under contract with Reclamation.

A site review can be conducted by interested firms before the due date of proposals and should be coordinated through the TID Manager, Wanda Derry at tid@talentid.org. All correspondence should be titled “Billings Siphon RFP”.

TID encourages disadvantaged, minority, and women-owned firms to respond.

BACKGROUND INFORMATION

The Billings siphon was constructed in 1960 as part of the Reclamation Rogue River project. The pipeline is 30-inch diameter, bar wrapped steel-cylinder concrete pipe. The pipeline is 6,729 feet in length (from Sta 1+55 to Sta 68+84) and has experienced several leaks in one location. The pipeline is a critical connection between the east and west sides of the Bear Creek Drainage as it crosses under Interstate 5, Bear Creek, U.S. Highway 99, and the Central Oregon and Pacific Rail line. Given its age, leak history, and criticality to delivering water to the west side of the Bear Creek Valley, there is considerable concern regarding the overall integrity, potential for significant failure, and the projected life expectancy of the pipeline. An inspection and evaluation of the pipeline integrity is being sought to assist in decision making for future upgrades.

The pipeline is open to atmosphere at each end which are both accessible to motor vehicles. The pipeline has an access manhole at approximately Sta 33+05 on the east side of Bear Creek. This manhole is accessible to vehicles along a bike path and should be considered available for inspection purposes.

The pipeline operates during irrigation season which is usually April through September. Inspection is desired to occur during the period of November 2024 – March 2025. TID and Reclamation are planning to perform a visual inspection of accessible pipe reaches during the month of October 2024. Any results from this inspection will be made available to the selected inspection firm. The visual inspection will only be for accessible portions of the pipeline and not of the entire length.

SCOPE OF WORK

Based on knowledge and experience, inspection firms should propose an inspection and evaluation service to assess the condition and integrity of the pipeline. It is desired to provide TID and engineers with information to determine if pipe upgrades are warranted and if so, what types of upgrades should mailto:tid@talentid.org be considered. TID is relying on the experience and expertise of the inspection firms to propose the most appropriate inspections service at a reasonable cost. Cost will be a factor but not the determinant in awarding a contract.

Contractor shall provide proof of liability insurance and agrees to indemnify and hold harmless TID and Reclamation.

SERVICES PROVIDED BY TALENT IRRIGATION DISTRICT

TID will provide access to the pipeline entrance, exit, and near the midway manhole. TID will provide logistical support and water as needed for flushing the pipeline and water for use in advancing pipeline sensors.

PROPOSAL REQUIREMENTS and EVALUATION CRITERIA Proposals should include at least the following elements. These elements and how they are addressed will serve as the basis of proposal evaluation and award.

Proposal Elements and Percentage of Evaluation Scoring %

Inspection firm and assigned staff experience as it relates to the bar wrapped or similar pipe, and a list of all similar services provided in the previous 5 years

Costs for all services including mobilization and demobilization 25 Proposed Inspection method(s) and rationale for method(s) as it relates to this pipeline

Client references from all similar inspection services in the previous 5 years 10 Proposed deliverable report(s) and evaluations reflecting pipeline condition 10 Proposed inspection planning and logistics 5 Schedule availability during the period Nov 2024 through March 2025 5 Draft inspection service agreement 5

Total 100

RFP SCHEDULE

Advertise for RFP – September 2024

Receive Proposals – October 2024 Proposals can be delivered to TID via hard copy or via email at TID@talentid.org. All proposals and Requests for Information (RFIs) should be titled “Billings Siphon RFP”.

Evaluate Proposals and make Notice of Intent to Award – October/November 2024 Visual Inspection (by Reclamation) – October 2024 Inspection Award – November 2024 Inspection – November 2024 – March 2025 Final report(s)/deliverables – April 2025 mailto:TID@talentid.org

Attachment A - Billings Siphon Location Map

Attachment B - Billings Siphon Specifications and Drawings

Specifications No DC-5219

UNITED STATES

DEPARTMENT OF THE I1TERIOR

BUREAU OF RECLAMATION

Schedules General Provisions Specifications and Drawings

BILLINGS SIPHON

WEST LATERAL REHABILITATION

Talent Division Oregon

Rogue River Basin Project

Bids will be received at the office of the Bureau of Reclamation Building 234 Camp White miles north of Medford Oregon until 10 m. Pacific Standard Time August 18 1959

PRICE $2 35

CONTENTS

3chedules a-c 24 Weights of machinery equip 3udgetary Information ment and metal parts Representations by Bidder 25 Reference specifications Pursuant to Buy American Act

Local conditions

26 Camp sites

GENERAL PROVISIONS 27 Access to theok Clauses No to 26 28 Safety of the public

MODIFICATIONS TO GENERAL 29 Existing fences

PROVISIONS Clause No 27 30 Construction at highway and roadway crossings Records of sibsurface inves

SPECIFICATIONS tigations

Rights-of-way Construction at existing water-

General conditions courses and pipe lines

Bonds Transmission telegraph and

Climatic conditions telephone lines and cables

Rights-of-way 35 Interference with flow in cx-

Quantities and unit prices isting laterals

Contractors cost data 36 Construction at railroad CI Sanitation ing

Extras

Cleaning up Protests Earthwork

10 Accident prevention 37 Clearing 11 Suspension of work 38 Explosives and blasting

39 Classification of excavation

40 Excavation

Special conditions 41 Excavation adjacent to con-

12 The requirement tract boundaries 13 Description of the work 42 Backfill

14 Rates of wages 43 Rock backfill

15 Payments and funds 44 Compacting earth materials

16 Commencement prosecu- 45 Disposal of excavated mate tion and completion of rials work 17 Liquidated damages it Equipment allowances for Siphon 3tructure contract adjustments 46 Construction of siphon 19 Surveys 47 Joints in inlet and outlet

20 Backcharges to contrac- structures tor 48 Timber walk plank 21 Railroad protective insur- 49 Safety fence ance 50 Asbestos-cement pipe for

22 Taxes turnout

23 Materials 51 Pretensioned concrete pipe

CONTENTS Continued

52 Installing pipe under rail road

53 Steel pipe alternate for siphon 54 Blow-off and manhole drain turnout and air-valve assemblies

55 Miscellaneous metalwork 56 Slide gates 57 Drawings and data to be furnished by the contrac tor

58 Failure to meet require ments of the specifica tions

59 Right to use unsatisfactory equipment 60 Cleaning and painting metal work

Concrete 61 Composition 62 Cement 63 Admixtures 64 Water 65 Sand

66 Coarse aggregate 67 Batching 68 Mixing 69 Temperature of concrete

Forms 71 Preparations for placing 72 Placing 73 Repair of concrete

74 Finishes and finishing 75 Protection

76 Curing 77 Reinforcement bars

78 Tolerances for concrete construction

79 Measurement of concrete

80 Payment

Drawings 81 Drawings

Bid security shall be provided in accordance with Paragraph 1a of the General Conditions Bid bonds or other bid securities which are not received prior to the time fixed for opening of bids will not be acceptable and the bid will be rejected as nonresponsive

BIDDING SCHEDULE FOR

SPECIFICATIONS NO DC5219

BILLINGS SIPHON

WEST LATERAL REHABILITATION

TALENT DIVISION OREGON

ROGUE RIVER BASIN PROJECT

Bids will be considered on either or both of the following schedules but no bid will be considered for only part of schedule Schedules No and are alternative and award will be made for only one of the two schedules

SCHEDULE NO

All work using pretensioned concrete siphon pipe ____________

Item Quantity Unit

No Work or material and.unit price Amount

Excavation common 9940 cu yds $_______ $_________

Excavation rock 720 cu yds ________ __________

Compacted bedding 2720 cu yds _______ _________

Backfill 6370 cu yds ________ __________

Compacting backfill 440 cu yds ________ __________

Rock backfill cu yds ________ __________

Concrete in structures 37 cu yds _________ ___________

Furnishing and handling cement 56 barrels

Furnishing and placing reinforcement bars 3300 pounds _______ _________

10 Furnishing and erecting safety fence 116 lin ft

11 Pretensioned concrete pipe symbol 30PT250 430 lin ft

12 Pretensioned concrete pipe symbol 30PT300 410 1in

13 Pretensioned concrete pipe symbol 30PT350 1365 lin ft ________ __________

SPECIFICATIONS NO DC-5219

SCHEDULE NO Continued

Icm Quantity Unit

No Work or material and unit price Amount

14 Pretensioned concrete pipe symbol 30PT400 445 lin ft $_________ $_____________

15 Furnishing materials and constructing siphon pipe under Southern Pacific

Railroad between siphon Stations 6004 21 and

6071 51 For the lump sum of

16 Furnishing and installing 8-inch diameter cast-iron slide gate gate _________ _____________

17 Furnishing and installing 30 -inch diameter cast-iron slide gate gate _________ _____________

18 Furnishing and installing 2-inch diameter pipe turnout assemblies assemblies

19 Furnishing and installing 4-inch diameter pipe turnout assemblies assemblies

20 Furnishing and installing

4-inch diameter pipe drain assembly assembly ________ ____________

21 Furnishing and installing 2-inch air-valve assem bly assembly ________ _____________

22 Furnishing and installing blow-off and manhole assembly assembly ________ ____________

23 Furnishing and installing miscellaneous metalwork 400 pounds _________ _____________

TOTAL FOR SCHEDULE NO $_________

SCHEDULE NO

____ All work using steel siphon pipe _____________ Item Quantity Unit

No Work or material and unit price Amount

24 Excavation common 11000 cu yds .$_______ $___________

25 Excavation rock 000 cu yds ________ ____________

26 Compacted bedding 700 cu yds ________ ____________

27 Backfill 950 cu yds _________ _____________

28 Compacting backfill 450 Cu yds ________ ____________

29 Rock backfill Cu yds ________ ____________

30 Concrete in structures 32 cu yds _________ _____________

31 Furnishing and handling cement 48 barrels

32 Furnishing and placing reinforcement bars 900 pounds ________ _____________

33 Furnishing and erecting safety fence 116 lin ft

34 Furnishing materials and constructing siphon pipe under Southern Pacific

Railroad between siphon Stations 6004 21 and

6071 51 For the lump sum of ____________

35 Furnishing and installing 8-inch diameter cast-iron slide gate gate ________ ____________

36 Furnishing and installing

30-inch diameter cast iron slide gate gate _________ _____________

37 Furnishing and installing steel pipe siphon For the lump sum of

38 Furnishing and installing miscellaneous metalwork 430 pounds ________ _____________

TOTAL FOR SCHEDULE NO $__________

BUDGETARY INFORMATION

Construction

For informational and budgetary purposes only and not as part of the bid or the contract the bidder shall fill in the following blanks showing his estimated progress earnings under this contract by fiscal years ending

June 30 assuming for such purposes commencement of work 30 days after the opening of bids

FY 60 7/1/59 to 6/30/60 $_________________

7-1532

4-5 Bureau of Reclamation

Construction

REPRESENTATIONS BY BIDDER PURSUANT TO BUY AMERICAN ACT

Bidder represents that all construction materials to be used will be domestic materials conforming to Clause No 17 of the General Provisions entitled Buy American Act except as noted below

Name of each item Quantity Cost delivered of nondomestic material weight feet no etc to the job site

Total

In accordance with Executive Order 10582 issued under the Buy American Act differential equal to six percent 6% of the amount inserted in the blank above for the total cost of nondomestic materials will be added by the

Government to the bidders total bid price for comparison of bid purposes Provided That an additional percent 6% mking total of 12 percent

12% will be added when the lowest responsible bidder offering to use do mestic materials indicates that substantially all of such materials will be produced in areas of substantial labor surplus as determined by the Secretary of Labor The contractor will be limited in the use of nondomestic materials to those listed above

NOTE Unless bidder intends to furnish all or part non domestic construction mate rials it is unnecessary to fill this form but it should be returned with the bid

GPO 830597

STANDARD FORM 23A

MARCH1953 GENERAL PROVSONS

PRESCRIBED BY GENERAL

SERVICES ADMINISTRATION

GENERAL REGULATION NO 13 CONSTRUCTION CONTRACTS

DEFINITIONS TERMINATION FOR DEFAULTDAMAGES FOR

The term head of the department as used herein DELAYTIME EXTENSIONS shall mean the head or any assistant head of the executive If the Contractor refuses or fails to prosecute the department or independent establishment involved and the work or any separable part thereof with such diligence as term his duly authorized representative shall mean any will insure its completion within the time specified in this person authorized to act for him other than the Contracting contract or any extension thereof or fails to complete said

Officer work within such time the Government may by written

The term Contracting Officer as used herein shall notice to the Contractor terminate his right to proceed include his duly appointed successor or his authorized with the work or such part of the work as to which there representative has been delay In such event the Government may take over the work and prosecute the same to completion by

SPECIFICATIONS AND DRAWINGS

contract or otherwise and the Contractor and his sureties

The Contractor shall keep on the work copy of the shall be liable to the Government for any excess cost occa drawings and specifications and shall at all times give the sioned the Government thereby and for liquidated damages

Contracting Officer access thereto Anything mentioned in the specifications and not shown on the drawings or for delay as fixed in the specifications or accompanying papers until such reasonable time as may be required for shown on the drawings and not mentioned in the specifica-the final completion of the work or if liquidated damages tions shall be of like effect as if shown or mentioned in are not so fixed any actual damages occasioned by such both In case of difference between drawings and specifi-delay If the Contractors right to proceed is so termi cations the specifications shall govern In any case of nated the Government may take possession of and utilize discrepancy either in the figures in the drawings or in the specifications the matter shall be promptly submitted to in completing the work such materials appliances and the Contracting Officer who shall promptly make deter-plant as may be on the site of the work and necessary therefor mination in writing Any adjustment by the Contractor without this determination shall be at his own risk and If the Government does not terminate the right of the Contractor to proceed as provided in paragraph expense The Contracting Officer shall furnish from time hereof the Contractor shall continue the work in which to time such detail drawings and other information as he event he and his sureties shall be liable to the Government may consider necessary unless otherwise provided in the amount set forth in the specifications or accompany-

CHANGES ing papers for fixed agreed and liquidated damages for

The Contracting Officer may at any time by written each calendar day of delay until the work is completed or order and without notice to the sureties make changes in accepted or if liquidated damages are not so fixed any the drawings and/or specifications of this contract and actual damages occasioned by such delay within the general scope thereof If such changes cause The right of the Contractor to proceed shall not be an increase or decrease in the amount due under this con- terminated as provided in paragraph hereof nor the tract or in the time required for its performance an equit- Contractor charged with liquidated or actual damages as able adjustment shall be made and the contract shall be provided in paragraph hereof because of any delays in modified in writing accordingly Any claim of the Con- the completion of the work due to unforeseeable causes tractor for adjustment under this clause must be asserted beyond the control and without the fault or negligence of in writing within 30 days from the date of receipt by the the Contractor including but not restricted to acts of God Contractor of the notification of change Provided how- or of the public enemy acts of the Government in either ever That the Contracting Officer if he determines that its sovereign or contractual capacity acts of another con-the facts justify such action may receive and consider tractor in the performance of contract with the Govern-and adjust any such claim asserted at any time prior to ment fires floods epidemics quarantine restrictions the date of final settlement of the contract If the parties strikes freight embargoes and unusually severe weather fail to agree upon the adjustment to be made the dispute or delays of subcontractors or suppliers due to such causes shall be determined as provided in Clause hereof But Provided That the Contractor shall within 10 days from nothing provided in this clause shall excuse the Contractor the beginning of any such delay unless the Contracting from proceeding with the prosecution of the work as Officer shall grant further period of time prior to the changed Except as otherwise herein provided no charge date of final settlement of the contract notify the Contract-for any extra work or material will be allowed ing Officer in writing of the causes of delay The Con tracting Officer shall ascertain the facts and the extent of

CHANGED CONDITIONS the delay and extend the time for completing the work when The Contractor shall promptly and before such con- in his judgment the findings of fact justify such an exten ditions are disturbed notify the Contracting Officer in sion and his findings of fact thereon shall be final and writing of subsurface or latent physical conditions conclusive on the parties hereto subject only to appeal as at the site differing materially from those indicated in this provided in Clause hereof contract or unknown physical conditions at the site of an unusual nature differing materially from those ordinarily DISPUTES encountered and generally recognized as inhering in work Except as otherwise provided in this contract any of the character provided for in this contract The Con- dispute concerning question of fact arising under this tracting Officer shall promptly investigate the conditions contract which is not disposed of by agreement shall be and if he finds that such conditions do so materially differ decided by the Contracting Officer who shall reduce his and cause an increase or decrease in the cost of or the time decision to writing and mail or otherwise furnish copy required for performance of this contract an equitable thereof to the Contractor Within 30 days from the date adjustment shall be made and the contract modified in of receipt of such copy the Contractor may appeal by writing accordingly Any claim of the Contractor for mailing or otherwise furnishing to the Contracting Officer adjustment hereunder shall not be allowed unless he has written appeal addressed to the head of the department given notice as above required provided that the Con- and the decision of the head of the department or his duly tracting Officer may if he determines the facts so justify authorized representatives for the hearings of such appeals consider and adjust any such claim asserted before the shall unless determined by court of competent jurisdiction date of final settlement of the contract If the parties fail to have been fraudulent arbitrary capricious or so grossly to agree upon the adjustment to be made the dispute shall erroneous as necessarily to imply bad faith be final and be determined as provided in Clause hereof conclusive Provided That if no such appeal to the head iO68473--1 of the department is taken the decision of the Contracting in writing require the Contractor to remove from the work

Officer shall be final and conclusive In connection with such employee as the Contracting Officer deems incom any appeal proceeding under this clause the Contractor petent careless insubordinate or otherwise objectionable shall be afforded an opportunity to be heard and to offer or whose continued employment on the work is deemed by evidence in support of its appeal Pending final decision the Contracting Officer to be contrary to the public interest of dispute hereunder the Contractor shall proceed dili gently with the performance of the contract and in accord-

INSPECTION

ance with the Contracting Officers decision Except as otherwise provided in paragraph hereof all material and workmanship if not otherwise designated

PAYMENTS TO CONTRACTORS by the specifications shall be subject to inspection exam-

Unless otherwise provided in the specifications ination and test by the Contracting Officer at any and all partial payments will be made as the work progresses at times during manufacture and/or construction and at any the end of each calendar month or as soon thereafter as and all places where such manufacture and/or construction practicable or at more frequent intervals as determined are carried on The Government shall have the right to by the Contracting Officer on estimates made and approved reject defective material and workmanship or require its by the Contracting Officer In preparing estimates the correction Rejected workmanship shall be satisfactorily material delivered on the site and preparatory work done corrected and rejected material shall be satisfactorily re may be taken into consideration placed with proper material without charge therefor and

In making such partial payments there shall be the Contractor shall promptly segregate and remove the retained 10 percent on the estimated amount until final rejected material from the premises If the Contractor completion and acceptance of all work covered by the fails to proceed at once with the replacement of rejected contract Provided however That the Contracting material and/or the correction of defective workmanship

Officer at any time after 50 percent of the work has been the Government may by contract or otherwise replace completed if he finds that satisfactory progress is being such material and/or correct such workmanship and charge made may make any of the remaining partial payments in the cost thereof to the Contractor or may terminate the full And provided further That on completion and right of the Contractor to proceed as provided in Clause acceptance of each separate building public work or other of this contract the Contractor and surety being liable for division of the contract on which the price is stated sepa-any damage to the same extent as provided in said Clause rately in the contract payment may be made in full for terminations thereunder including retained percentage thereon less authorized The Contractor shall furnish promptly without addi deductions tional charge all reasonable facilities labor and materials

All material and work covered by partial payments necessary for the safe and convenient inspection and test made shall thereupon become the sole property of the that may be required by the Contracting Officer All

Government but this provision shall not be construed as inspection and tests by the Government shall be performed relieving the Contractor from the sole responsibility for all in such manner as not unnecessarily to delay the work materials and work upon which payments have been made Special full size and performance tests shall be as described or the restoration of any damaged work or as waiver of in the specifications The Contractor shall be charged the right of the Government to require the fulfillment of with any additional cost of inspection when material and all of the terms of the contract workmanship are not ready at the time inspection is

Upon completion and acceptance of all work re-requested by the Contractor quired hereunder the amount due the Contractor under Should it be considered necessary or advisable by the this contract will be paid upon the presentation of prop- Government at any time before final acceptance of the erly executed and duly certified voucher therefor after the entire work to make an examination of work already corn-

Contractor shall have furnished the Government with pleted by removing or tearing out same the Contractor release if required of all claims against the Government shall on request promptly furnish all necessary facilities arising under and by virtue of this contract other than labor and material If such work is found to be defective such claims if any as may be specifically excepted by the or nonconforming in any material respect due to fault of

Contractor from the operation of the release in stated the Contractor or his subcontractors he shall defray all amounts to be set forth therein If the Contractors claim the expenses of such examination and of satisfactory recon to amounts payable under the contract has been assigned struction If however such work is found to meet the under the Assignment of Claims Act of 1940 as amended requirements of the contract the actual direct cost of labor

41 15 release may also be required of the and material necessarily involved in the examination and assignee at the option of the Contracting Officer replacement plus 15 percent shall be allowed the Con tractor and he shall in addition if completion of the work

MATERIALS AND WORKMANSHIP has been delayed thereby be granted suitable extension

Unless otherwise specifically provided for in the specifi-of time on account of the additional work involved cations all equipment materials and articles incorporated Inspection of material and finished articles to be in the work covered by this contract are to be new and of incorporated in the work at the site shall be made at the the most suitable grade of their respective kinds for the place of production manufacture or shipment whenever purpose and all workmanship shall be first class Where the quantity justifies it unless otherwise stated in the equipment materials or articles are referred to in the specifications and such inspection and written or other specifications as equal to any particular standard the formal acceptance unless otherwise stated in the specifi

Contracting Officer shall decide the question of equality cations shall be final except as regards latent defects

The Contractor shall furnish to the Contracting Officer departures from specific requirements of the contract for his approval the name of the manufacturer of machinery damage or loss in transit fraud or such gross mistakes as mechanical and other equipment which he contemplates amount to fraud Subject to the requirements contained incorporating in the work together with their performance in the preceding sentence the inspection of material and capacities and other pertinent information When required workmanship for final acceptance as whole or in part by the specifications or when called for by the Contracting shall be made at the site Nothing contained in this

Officer the Contractor shall furnish the Contracting Officer paragraph shall in any way restrict the Governments for approval full information concerning the materials or rights under any warranty or guarantee articles which he contemplates incorporating in the work 10 SUPERINTENDENCE BY CONTRACTOR Samples of materials shall be submitted for approval when The Contractor shall give his personal superintendence so directed Machinery equipment materials and articles to the work or have competent foreman or superintendent installed or used without such approval shall be at the satisfactory to the Contracting Officer on the work at all risk of subsequent rejection The Contracting Officer may times during progress with authority to act for him

16-55473-4

11 PERMITS AND RESPONSIBILITY FOR WORK foregoing provisions shall not apply with respect to

ETC supplies excepted by the head of the department from the

The Contractor shall without additional expense to the application of that Act ii with respect to supplies for use

Government obtain all licenses and permits required for outside the United States or iii with respect to the sup-the prosecution of the work He shall be responsible for plies to be used in the performance of work under this all damages to persons or property that occur as result contract which are of class or kind determined by the of his fault or negligence in connection with the prosecution head of the department or his duly authorized repre8enta-of the work He shall also be responsible for all materials tive not to be mined produced or manufactured as the delivered and work performed until completion and final case may be in the United States in sufficient and reason-acceptance except for any completed unit thereof which ably available commercial quantities and of satisfactory theretofore may have been finally accepted quality or iv with respect to such supplies from which the supplies to be used in the performance of work under this

12 OTHER CONTRACTS

contract are manufactured as are of class or kind de

The Government may undertake or award other con-termined by the head of the department or his duly author-tracts for additional work and the Contractor shall fully ized representative not to be mined produced or manufac cooperate with such other contractors and Government tured as the case may be in the United States in sufficient employees and carefully fit his own work to such additional and reasonably available commercial quantities and of work as may be directed by the Contracting Officer The satisfactory quality provided that this exception iv shall

Contractor shall not commit or permit any act which will not permit the use in the performance of work under this interfere with the performance of work by any other con-contract of supplies manufactured outside the United tractor or by Government employees States if such supplies are manufactured in the United States

13 PATENT INDEMNITY in sufficient and reasonably available commercial quantities

Except as otherwise provided the Contractor agrees to and of satisfactory quality indemnify the Government and its officers agents and em- 18 CONVICT LABOR ployees against liability including costs and expenses for

In connection with the performance of work under this infringement upon any Letters Patent of the United States contract the Contractor agrees not to employ any person except Letters Patent issued upon an application which is undergoing sentence of imprisonment at hard labor now or may hereafter be for reasons of national security ordered by the Government to be kept secret or otherwise 19 NONDISCRIMINATION IN EMPLOYMENT withheld from issue arising out of the performance of this In connection with the performance of work under this contract or out of the use or disposal by or for the account contract the Contractor agrees not to discriminate against of the Government of supplies furnished or construction any employee or applicant for employment because of race work performed hereunder creed color or national origin and further agrees to insert the foregoing provision in all subcontracts hereunder

14 ADDITIONAL BOND SECURITY

If any surety upon any bond furnished in connection with except subcontracts for standard commercial supplies or for raw materials this contract becomes unacceptable to the Government or if any such surety fails to furnish reports as to his finan- 20 DAVIS-BACON ACT 40 276aa7 cial condition from time to time as requested by the Govern- All mechanics and laborers employed or working ment the Contractor shall promptly furnish such additional directly upon the site of the work will be paid uncondi security as may be required from time to time to protect tionally and not less often than once week and without the interests of the Government and of persons supplying subsequent deduction or rebate on any account except labor or materials in the prosecution of the work contem- such payroll deductions as are permitted by the Copeland plated by this contract Act Anti-Kickback Regulations 29 CFR Part the

15 COVENANT AGAINST CONTINGENT FEES full amounts due at time of payment computed at wage

The Contractor warrants that no person or selling agency rates not less than those contained in the wage determina has been employed or retained to solicit or secure this tion decision of the Secretary of Labor which is attached contract upon an agreement or understanding for com- hereto and made part hereof regardless of any contrac mission percentage brokerage or contingent fee excepting tual relationship which may be alleged to exist between the bone fide employees or bona fide established commercial Contractor or subcontractor and such laborers and me-or selling agencies maintained by the Contractor for the chanics and copy of the wage determination decision purpose of securing business For breach or violation of shall be kept posted by the Contractor at the site of the this warranty the Government shall have the right to annul work in prominent place where it can be easily seen by this contract without liability or in its discretion to deduct the workers from the contract price or consideration the full amount of In the event it is found by the Contracting Officer such commission percentage brokerage or contingent fee that any laborer or mechanic employed by the Contractor or any subcontractor directly on the site of the work 16 OFFICIALS NOT TO BENEFIT covered by this contract has been or is being paid at

No member of or Delegate to Congress or Resident rate of wages less than the rate of wages required by pare-

Commissioner shall be admitted to any share or part of graph of this clause the Contracting Officer may this contract or to any benefit that may arise therefrom by written notice to the Government Prime Contractor but this provision shall not be construed to extend to this terminate his right to proceed with the work or such part contract if made with corporation for its general benefit of the work as to which there has been failure to pay said required wages and prosecute the work to completion 17 BUY AMERICAN ACT by contract or otherwise whereupon such Contractor and

The Contractor agrees that in the performance of the his sureties shall be liable to the Government for any excess work under this contract the Contractor subcontractors costs occasioned the Government thereby material men and suppliers shall use only such unmanu- Paragraphs and of this clause shall apply to factured articles materials and supplies which term this contract to the extent that it is prime contract articles materials and supplies is hereinafter referred with the Government subject to the Davis-Bacon Act or to in this clause as Supplies as have been mined or subcontract under such prime contract produced in the United States and only such manufactured supplies as have been manufactured in the United States 21 EIGHT-HOUR LAWSOVERTIME COMPENSA substantially all from supplies mined produced or menu- TION factured as the case may be in the United States Pur- No laborer or mechanic doing any part of the work con suant to the Buy American Act 41 lOad the templated by this contract in the employ of the Contractor

15054781 or any subcontractor contracting for any part of said work certified copy of all payrolls will be submitted contemplated shall be required or permitted to work more weekly to the Contracting Officer The Government Prime than eight hours in any one calendar day upon such work Contractor will be responsible for the submission of certified except upon the condition that compensation is paid to copies of the payrolls of all subcontractors The certifi such laborer or mechanic in accordance with the provisions cation will affirm that the payrolls are correct and complete of this clause The wages of every laborer and mechanic that the wage rates contained therein are not less than the employed by the Contractor or any subcontractor engaged applicable rates contained in the wage determination deci in the performance of this contract shall be computed on sion of the Secretary of Labor attached to this contract basic day rate of eight hours per day and work in excess and that the classifications set forth for each laborer or of eight hours per day is permitted only upon the condition mechanic conform with the work he performed that every such laborer and mechanic shall be compensated 24 COPELAND ANTI-KICKBACK ACTNONRE for all hours worked in excess of eight hours per day at not BATE OF WAGES less than one and one-half times the basic rate of pay The regulations of the Secretary of Labor applicable to For each violation of the requirements of this clause

Contractors and subcontractors 29 CFR Part made penalty of five dollars shall be imposed for each laborer or pursuant to the Copeland Act as amended 40 mechanic for every calendar day in which such employee

276c and to aid in the enforcement of the Anti-Kickback is required or permitted to labor more than eight hours

Act 18 874 are made part of this contract by upon said work without receiving compensation computed reference The Contractor will comply with these regu in accordance with this clause and all penalties thus im-lations and any amendments or modifications thereof and posed shall be withheld for the use and benefit of the the Government Prime Contractor will be responsible for Government Provided That this stipulation shall be the submission of affidavits required of subcontractors subject in all respects to the exceptions and provisions of thereunder The foregoing shall apply except as the the Eight-Hour Laws as set forth in 40 321 324

Secretary of Labor may specifically provide for reasonable 325 325a and 326 which relate to hours of labor and limitations variations tolerances and exemptions compensation for overtime

25 WITHHOLDING OF FUNDS TO ASSURE WAGE

22 APPRENTICES PAYMENT

Apprentices will be permitted to work only under bona There may be withheld from the Contractor so much of fide apprenticeship program registered with State Appren- the accrued payments or advances as may be considered ticeship Council which is recognized by the Federal Com-necessary to pay laborers and mechanics employed by the mittee on Apprenticeship Department of Labor or Contractor or any subcontractor the full amount of wages if no such recognized Council exists in State under pro- required by this contract In the event of failure to pay gram registered with the Bureau of Apprenticeship any laborer or mechanic all or part of the wages required Department of Labor by this contract the Contracting Officer may take such

23 PAYROLL RECORDS AND PAYROLLS action as may be necessary to cause the suspension until such violations have ceased of any further payment Payroll records will be maintained during the course advance or guarantee of funds to or for the Government of the work and preserved for period of three years there-

Prime Contractor after for all laborers and mechanics working at the site of the work Such records will contain the name and address 26 SUBCONTRACTSTERMINATION of each such employee his correct classification rate of pay The Contractor agrees to insert Clauses 20 through 26 daily and weekly number of hours worked deductions made hereof in all subcontracts and further agrees that breach and actual wages paid The Contractor will make his of any of the requirements of these clauses may be grounds employment records available for inspection by authorized for termination of this contract The term Contractor representatives of the Contracting Officer and the as used in such clauses in any subcontract shall be deemed

Department of Labor and will permit such representatives to refer to the subcontractor except in the phrase Govern-to interview employees during working hours on the job ment Prime Contractor

G0VERUMNT POINTING OFFICO 1G684731

7-1605

Supplement to SF-23A

4-58 Bureau of Reclamation

27 MODIFICATIONS TO GENERAL PROVISIONS

Clause No --In the seventh line from the bottom of Clause No 5c the pe riod after the word delay is deleted colon is substituted therefor and the following is added

Provided further That the contractor shall be excused for delays of suppliers only if the contracting officer shall determine that the materials or supplies to be fur nished are not procurable in the open market

Clause No -The clause is entirely deleted and the following substituted therefor

DISPUTE Except as otherwise provided in this contract any dispute concern ing question of facts arising under this contract which is not disposed of by agree ment shall be decided by the contracting officer who shall furnish to the contractor written copy of his decision Such decision shall be final and conclusive unless within 30 days from the date of receipt thereof the contractor appeals therefrom by mailing or otherwise furnishing to the contracting officer written appeal addressed to the Secretary The decision of the Secretary or his duly authorized representa tives upon such appeal shall be final and conclusive unless the decision is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence In connection with any appeal proceeding under the Disputes clause the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal Pending final decision of dispute here under the contractor shall proceed diligently with the performance of the contract and in accordance with the contracting officers decision

Clause No 11 --At the end of Clause No 11 the following is added

Upon completion of the contract or final acceptance of any completed unit thereof the work shall be delivered complete and undamaged

Clause No 13 --At the end of Clause No 13 the following is added

Any patented invention the use of which by these specifications is required or per mitted in the alternative to be used and which the United States has the right to use royalty free shall be available to the contractor without the payment of the royalty

Clause No 19 --Clause No 19 is deleted and the following substituted therefor

19 NONDISCRIMINATION IN EMPLOYMENT--In connection with the performance of work under this contract the contractor agrees not to discriminate against any em ployee or applicant for employment because of race religion color or national origin The aforesaid provision shall include but not be limited to the following Employment upgrading demotion or transfer recruitment or recruitment advertising layoff or ter mination rates of pay or other forms of compensation and selection for training includ ing apprenticeship The contractor agrees to post hereafter in conspicuous places avail able for employees and applicants for employment notices to be provided by the contract ing officer setting forth the provisions of the nondiscrimination clause

The contractor further agrees to insert the foregoing prov.ision in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials

Clause No 26 --At the end of Clause No 26 the following is added

Clauses No 19 through 26 of these General Provisions must be inserted physically in all subcontracts for construction work under the specifications Incorporation of these clauses by reference is not in compliance with this requirement

Within days after the making of each subcontract the contractor shall provide copy of the subcontract for review by the contracting officer to determine compliance with this requirement Such copy need not contain the subcontract prices

GPO 853463

No 7-1530 SPECIFICATIONS 8/54 Bureau of Reclamation

Constr Contingency GENERAL CONDITIONS

Bonds Bid bond --The bidder shall furnish guarantee with each bid in an amount not less than 10 percent of the amount of the bid Provided That guarantee in ex cess of $2 000 000 will not be required

The contractor shall furnish bonds as follows Performance bond --The performance bond shall be furnished in accordance with the following table Amount of contract Performance bond

Up to $1 0U0 000 Not less contract

$1 000 000 to $5 000 000 Not less than 40 percent of contract

$5 000 000 to $10 000 000 Not less than 30 percent of contract

$10 000 000 to $25 000 000 Not less than 20 percent of contract

$25 000 000 and over $5 000 000

Bonds in amounts of $1 000 or less will be made in multiples of $100 in amounts exceed ing $1 000 but not exceeding $5 000 in multiples of $500 in amounts exceeding $5 000 in multiples of $1 000 Provided That the amount of the bond shall be fixed by the con tracting officer at the lowest sum that fulfills all conditions of the contract

Payment bond --If the amount of the contract exceeds $2 000 the contractor shall furnish to the United States in addition to the bond required under b1 hereof payment bond with surety or sureties satisfactory to the officer awarding the contract for the protection of all persons supplying labor and material inthe prosecution of the work provided for in the contract for the use of each such person Whenever the total amount payable by the terms of the contract shall be not more than $1 000 000 the payment bond shall be in the sum of one-half of the total amount payable by the terms of the con tract Whenever the total amount payable by the terms of the contract shall be more than

$1 000 000 and not more than $5 000 000 the payment bond shall be in the sum of 40 percent of the total amount payable by the terms of the contract Whenever the total a-mount payable by the terms of the contract shall be more than $5 000 000 the payment bond shall be in the sum of $2 500 000

Climatic conditions The contracting officer may order the contractor to suspend any work that may be subject to damage by climatic conditions

Rights-of-way The Government will provide the right-of-way or the site for per manent works or installations the site for borrow pits channels spoil banks and ditches and right-of-way for access thereto over routes established by the contracting officer The contractor will be permitted to use such land for construction purposes but any additional right-of-way or land desired by the contractor for construction purposes shall be provided by the contractor without expense to the Government

Quantities and unit prices The quantities noted in the schedule are approximations for comparing bids ahd no hIIii shall be made against the Government for excess or defi ciency therein actual or relative Payment at the prices agreed upon will be in full for the completed work and will cover materials supplies labor tools machinery and all other expenditures incident to satisfactory compliance with the contract unless otherwise specif ically provided

Contractors cost data The contracting officer through his authorized agents shall have access to all payhlIs records of personnel invoices of materials records of plant and equipment and any and all other data relevant to the performance of the contract or necessary to determine its costs Sanitation The contracting officer may establish sanitary and police rules and reg ulationsTOäll frces employed under this contract and if the contractor fails to enforce these rules the contracting officer may enforce them at the expense of the contractor Extras The contractor shall when ordered in writing by the contracting officer in accordance with Clause of the General Provisions perform extra work and furnish extra material not required by the specifications or included in the schedule but forming an inseparable part of the work contracted for Extra work and material will ordinarily be paid for at the lump-sum or unit price stated in the order Whenever in the judgment of the contracting officer it is impracticable because of the nature of the work or for any other reason to otherwise fi the price in the order the…