00-FIO READ THIS NOTICE First.pdf

Notice of Proprietary Interest and Release of Liability Page 1

READ THIS NOTICE FIRST

Documents posted to this FedBizOps site are associated with the upcoming Fort Irwin Water Treatment Plant Request for Proposal (RFP) W912PL-12-R-0018 and are provided For Information Only (FIO). These documents will be provided FIO in the upcoming RFP W912PL- 12-R-0018 as prior studies and conceptual design indicating processes required by the DD1391 and required by the RFP. Except for a preliminary study from the US Army Corps of Engineers Engineer Research and Development Center, the documents provided as a precursor for the upcoming RFP are from a 2009 partial design by CH2M HILL Constructors, Inc. (hereinafter, “CH2M HILL documents”)The CH2M HILL documents provided do not meet the full requirements of this solicitation. Complete engineering analysis and assessment shall be performed by the Contractor as part of the RFP. The actual sizing of the tanks, pumps, piping, buildings, etc. shall be determined by the Contractor as a part of its design, and the Contractor shall ensure that the Water Supply Permit and dictated limits (in this solicitation) are met during all production/ treatment operations. As such, the Government assumes no responsibility for any understanding or representations concerning conditions made by any of these documents prior to the execution of the contract, unless included in the solicitation, RFP, specifications or related documents.

NOTICE OF PROPRIETARY INTEREST AND

RELEASE OF LIABILITY

CH2M HILL, Inc. or its affiliates have asserted a proprietary interest in the CH2M HILL documents posted to this website, but has granted the Army permission to make them available for use in the development of the Fort Irwin Water Treatment Plant subject to the following conditions:

• Parties downloading the CH2M HILL documents agree that they will use them solely for the purpose of responding to RFP W912PL-12-R-0018, and, if awarded the contract, for the purpose of designing and constructing the actual plant and appurtenant systems as described in the RFP, and that they will not use these documents for any other purpose, including, among other things, for the development of similar such facilities and appurtenant systems at a site other than at Fort Irwin, California.

• Parties downloading the CH2M HILL documents acknowledge CH2M HILL, Inc. and its affiliates disclaim any warranty of usefulness or suitability of purpose, including the development of a water treatment plant in response to the RFP. Parties agree to release CH2M HILL, Inc. and its affiliates and hold them harmless from all liability for their use of or reliance on the CH2M HILL documents.

Notice of Proprietary Interest and Release of Liability Page 2

Parties are on notice that Section 00 08 00, Special Contract Requirements, will contain a provision which will apply to the contractor for the design-build contract for the Water Treatment Plant at Fort Irwin, California that will be read substantially as follows:

RELEASE OF CLAIMS AND INDEMNIFICATION OF CH2M HILL, INC.

(a) Information in the technical reference section of the RFP that was developed in whole or in part by CH2M HILL, Inc. or its affiliates is made available to the contractor for its use without any warranty of usefulness or suitability of purpose.

The Contractor agrees to defend, indemnify and hold CH2M HILL, Inc., its affiliates, officers, agents, and employees harmless from all claims, injuries, damages, losses, expenses and costs, including attorney’s fees, for suits or actions arising out of any use of, reliance upon, or performance related to the information in the technical library that was provided, produced or developed by CH2M HILL, Inc or its affiliates.

(b) This indemnity shall not apply unless the Contractor shall have been informed as soon as practicable by CH2M HILL, Inc. of the suit or action alleging CH2M HILL’s responsibility and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense.

(c) This indemnity shall not apply to an unreasonable settlement without the consent of Contractor of a suit or action for CH2M HILL’s responsibility related to information in the technical library that was provided, produced or developed by CH2M HILL, Inc. or its affiliates, unless required by final decree of a court of competent jurisdiction.

(d) Flowdown: The Contractor shall insert this provision in all contracts, task orders, delivery orders, purchase orders, and other similar instruments with its consultants, subconsultants, subcontractors or suppliers, at any tier, who may, in any way, use or rely upon the information in the contract provided, produced or developed by CH2M HILL, Inc or its affiliates.

The Government will not respond to any questions regarding the posted documents, the notice of CH2M HILL’s assertion of proprietary interest, and the notice of proposed release of liability until after the RFP is posted.