WATER MAIN LOOP CONSTRUCTION
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
WATER MAIN LOOP CONSTRUCTION
PROJECT PO-21-N04
KOOTENAI INDIAN RESERVATION
BOUNDARY COUNTY, IDAHO
A COOPERATIVE PROJECT BETWEEN
THE INDIAN HEALTH SERVICE
AND
THE KOOTENAI TRIBE OF IDAHO
BID DOCUMENTS
CONTRACT # ______________
KOOTENAI TRIBAL COUNCIL
CONTRACT PACKAGE PREPARED FOR THE KOOTENAI TRIBE BY:
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
PUBLIC HEALTH SERVICE
INDIAN HEALTH SERVICE
OFFICE OF ENVIRONMENTAL HEALTH
AND ENGINEERING
PORTLAND AREA OFFICE
SPOKANE DISTRICT OFFICE
MARCH 2024
SECTION 00001 – CONTRACT TITLE PAGE
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
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SECTION 00001 – CONTRACT TITLE PAGE
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
SECTION 00010
TABLE OF CONTENTS
Specifications Divisions 0 – Divisions 16
Contract Drawings
Division 0 – Bidding Requirements, Contract Documents and Conditions
Section 00001
Section 00010
Section 00100
Section 00110
Section 00400
Section 00410
Section 00450
Section 00500
Section 00510
Section 00550
Section 00610
Section 00620
Section 00630
Section 00700
Section 00705
Section 00810
Section 00930
Title Page
Table of Contents
Advertisement for Bids
Information for Bidders
Bid Offer Sheet
Bid Schedule
Indian Owned Qualification Statement
Agreement
Notice of Award
Notice to Proceed
Bid Bond
Payment Bond
Performance Bond
General Conditions
Special Provisions
Labor Provisions
Change Order Form
Division 1 – General Requirements
Section 011100
Section 012200
Section 013100
Section 013300
Section 014200
Section 014300
Section 015600
Section 016000
Section 017700
Section 017800
Summary of Work
Price and Payment
Project Management and Coordination
Submittal Procedures and Requirements
References
Quality Assurance
Temporary Facilities and Controls
Product Requirements
Closeout Procedures
Closeout Submittals
Division 3 – Concrete
Section 033000 – Cast-in-Place Concrete
SECTION 00010 - TABLE OF CONTENTS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
Division 31 – Earthwork
Section 311100 – Clearing and Grubbing
Section 312200 – Grading
Section 312300 – Excavation and Fill
Section 312500 – Erosion and Sedimentation Controls
Division 32 – Exterior Improvements
Section 329219 – Seeding
Division 33 – Utilities
Section 331400 – Water Utility Transmission and Distribution
Section 331413 – Water Service Lines
Division 34 – Transportation
Section 340513 – Common Work Results for Roadways
END
SECTION 00010 - TABLE OF CONTENTS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
SECTION 00100
ADVERTISEMENT FOR BIDS
Scope:
This project proposes the following:
• Construction of a new section of 6-inch PVC water main to loop the
existing community water distribution system, relocate an existing fire
hydrant, install a new one, and reconfigure valves to optimize water
movement in the Kootenai Indian Reservation.
Eligible Contractors shall bid on all items on the Bid Offer Sheet.
Contacts:
Contract information, including project specifications and drawings may be
obtained from:
Theresa Wheat
Administrative Director
Kootenai Tribe of Idaho
100 Circle Dr.
Bonners Ferry, ID 83805
Office: 208-267-3519
Cell: 208-255-0075
Email: theresa@kootenai.org
Performance Time:
120 Calendar Days
Liquidated Damages:
$100.00 per Calendar Day
SECTION 00100 – ADVERTISEMENT FOR BIDS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
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SECTION 00100 – ADVERTISEMENT FOR BIDS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
SECTION 00110
INFORMATION FOR BIDDERS
BIDS will be received by the Tribe, at 100 Circle Dr. Bonners Ferry, ID 83805, until 1:30
PM PST on Tuesday, April 30th, 2024 and then at said office publicly opened and
read aloud.
Each BID must be submitted in a sealed envelope, addressed to:
Bid for Kootenai Community Water Main Loop Construction Sanitation
Facilities
Theresa Wheat
Administrative Director
Kootenai Tribe of Idaho
100 Circle Dr.
Bonners Ferry, ID 83805
Each sealed envelope containing a BID must be plainly marked on the outside as BID
Kootenai Community Water Main Loop Construction Sanitation Facilities and the
envelope should bear on the outside the name of the BIDDER, their address, their
license number if applicable and the name of the project for which the BID is submitted.
If forwarded by mail, the sealed envelope containing the BID must be enclosed in
another envelope addressed to the TRIBE.
All BIDS must be made on the required BID form. All blank spaces for BID prices must
be filled in, in ink or typewritten, and the BID form must be fully completed and executed
when submitted. Only one copy of the BID form is required.
Pre-BID meeting will be held for interested bidders on Wednesday, April 17th, 2024 at
11:00 AM PST at the address listed above.
Required Forms for BID submittal:
1. BID OFFER
2. BID SCHEDULE
3. BID BOND
4. INDIAN ENTERPRISE QUALIFICATION STATEMENT (If applicable)
The TRIBE may waive any informalities or minor defects or reject any and all BIDS. Any
BID may be withdrawn prior to the above scheduled time for the opening of BIDS or
authorized postponement thereof. Any BID received after the time and date specified
shall not be considered. No BIDDER may withdraw a BID within 60 days after the actual
date of the opening thereof. Should there be reasons why the contract cannot be
awarded within the specified period, the time may be extended by mutual agreement
between the TRIBE and the BIDDER.
SECTION 00110 – INFORMATION FOR BIDDERS
PAGE 1 OF 4
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the
BID Schedule by examination of the site and a review of the drawings and specifications
including ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that
there was a misunderstanding concerning the quantities of WORK or of the nature of
the WORK to be done.
The TRIBE shall provide to BIDDERS prior to BIDDING, all information, which is
pertinent to, and delineates and describes, the land owned and rights-of-way acquired
or to be acquired.
The CONTRACT DOCUMENTS contain the provisions required for the construction of
the PROJECT. Information obtained from an officer, agent, or employee of the TRIBE or
any other person shall not affect the risks or obligations assumed by the
CONTRACTOR or relieve him from fulfilling any of the conditions of the contract.
A BID bond payable to the TRIBE must accompany each BID for five percent of the total
amount of the BID. As soon as the BID prices have been compared, the TRIBE will
return the BONDS of all except the three lowest responsible BIDDERS. When the
Agreement is executed the bonds of the two remaining unsuccessful BIDDERS will be
returned. The BID BOND of the successful BIDDER will be retained until the payment
BOND and performance BOND have been executed and approved, after which it will be
returned. A certified check may be used in lieu of a BID BOND.
A performance BOND and a payment BOND, each in the amount of 100 percent of the
CONTRACT PRICE, with a corporate surety approved by the TRIBE, will be required for
the faithful performance of the contract.
Attorneys-in-fact who sign BID BONDS or payment BONDS and performance BONDS
must file with each BOND a certified and effective dated copy of their power of attorney.
The party to whom the contract is awarded will be required to execute the Agreement
and obtain the performance BOND and payment BOND within ten (10) calendar days
from the date when NOTICE OF AWARD is delivered to the BIDDER. The necessary
Agreement and BOND forms shall accompany the NOTICE OF AWARD. In case of
failure of the BIDDER to execute the Agreement, the TRIBE may at their option
consider the BIDDER in default, in which case the BID BOND accompanying the
proposal shall become the property of the TRIBE.
The TRIBE within ten (10) days of receipt of acceptable performance BOND, payment
BOND and Agreement signed by the party to whom the Agreement was awarded shall
sign the Agreement and return to such party an executed duplicate of the Agreement.
Should the TRIBE not execute the Agreement within such period, the BIDDER may by
WRITTEN NOTICE withdraw his signed Agreement. Such notice of withdrawal shall be
effective upon receipt of the notice by the TRIBE.
SECTION 00110 – INFORMATION FOR BIDDERS
PAGE 2 OF 4
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
The NOTICE TO PROCEED shall be issued within (10) days of the execution of the
Agreement by the TRIBE. Should there be reasons why the NOTICE TO PROCEED
cannot be issued within such period, the time may be extended by mutual agreement
between the TRIBE AND CONTRACTOR. If the NOTICE TO PROCEED has not been
issued within the ten (10) day period or within the period mutually agreed upon, the
CONTRACTOR may terminate the Agreement without further liability on the part of
either party.
The TRIBE may make such investigations as he deems necessary to determine the
ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the TRIBE
all such information and data for this purpose as the TRIBE may request. The TRIBE
reserves the right to reject any BID if the evidence submitted by, or investigation of,
such BIDDER fails to satisfy the TRIBE that such BIDDER is properly qualified to carry
out the obligations of the Agreement and to complete the WORK contemplated therein.
A conditional or qualified BID will not be accepted.
Award will be made to the lowest responsible BIDDER.
All applicable laws, ordinances, and the rules and regulations of all authorities
having jurisdiction over construction of the PROJECT shall apply to the contract
throughout.
Disputes under this contract will be submitted to for third party mediation; if not
resolved, submit the dispute to the tribal court.
Each BIDDER is responsible for inspecting the site and for reading and being
thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any
BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any
obligation in respect to his BID. Further, the BIDDER agrees to abide by the
requirements under Executive Order No. 11246, as amended, including specifically the
provisions of the equal opportunity clause set forth in the SUPPLEMENTAL GENERAL
CONDITIONS.
The low BIDDER shall supply the names and addresses of major material SUPPLIERS
and SUBCONTRACTOR when requested to do so by the TRIBE.
Minimum percentage of work to be completed by the prime CONTRACTOR is 33-1/3%.
State lien laws do not apply on Federal Trust Land.
This is not a Federal Contract, responsibility for compliance with and enforcement of the
contract resides with the TRIBE. State and Local taxes apply.
The Indian Health Service is serving as a technical advisor and Construction Inspector
for the TRIBE.
SECTION 00110 – INFORMATION FOR BIDDERS
PAGE 3 OF 4
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
The DESIGN ENGINEER is:
Benjamin Chadwick, P.E.
Acting District Engineer
Spokane District Office
Indian Health Service
528 E Spokane Falls Blvd, Ste. 302
Spokane, WA 99202
The PROJECT ENGINEER is:
Jullyanne De Pasion
Environmental Engineer
Spokane District Office
Indian Health Service
528 E Spokane Falls Blvd, Ste. 302
Spokane, WA 99202
SECTION 00110 – INFORMATION FOR BIDDERS
PAGE 4 OF 4
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
SECTION 00400
BID OFFER
Proposal of _______________________________________________________
(hereinafter called “BIDDER”), organized and existing under the laws of the
State of __________________________doing business with
_______________________________________ (hereinafter called “TRIBE”).
In compliance with your Advertisement for Bids, BIDDER hereby proposes to
perform all WORK for the construction of ________________________________
in strict accordance with the CONTRACT DOCUMENTS, within the time set forth
therein, and at the prices stated below.
By submission of this BID, each BIDDER certifies, and in the case of a joint BID
each party thereto certifies as to his own organization, that this BID has been
arrived at independently, without consultation, communication, or agreement as to
any matter relating to this BID with any other BIDDER or with any competitor.
BIDDER hereby agrees to commence WORK under this contract on or before a
date to be specified in the NOTICE TO PROCEED and to fully complete the
PROJECT within 120 consecutive calendar days thereafter. BIDDER further
agrees to pay as liquidated damages, the sum of $100.00 for each consecutive
calendar day thereafter as provided in the General Conditions.
BIDDER acknowledges receipt of the following ADDENDUM:
_________________________________________________________________
_________________________________________________________________
________________________________________________________________
BIDDER agrees to perform all the work described in the CONTRACT
DOCUMENTS for the following prices or lump sum:
BIDDER agrees to submit a complete salary breakdown of all hired employees to
the Tribe.
SECTION 00400 – BID OFFER
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
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SECTION 00400 – BID OFFER
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PO-21-N04 KOOTENAI WATER LOOP CONSTRUCTION
INDIAN HEALTH SERVICE
Schedule A
QTY
UNIT
UNIT
PRICE
TOTAL
PRICE
1
LS
______________
______________
1,247
LF
______________
______________
Fire Hydrant Assembly
1
EA
______________
______________
4.
6-inch Gate Valve with Box
4
EA
______________
______________
5.
1-inch Corporation Stop with Saddle
1
EA
______________
______________
6.
1-inch Curb Stop with Box
1
EA
______________
______________
7.
1-inch Water Service Line, HDPE, SDR09
55
LF
______________
______________
8.
2-inch Corporation Stop with Saddle
1
EA
______________
______________
9.
2-inch Curb Stop with Box
1
EA
______________
______________
10.
2-inch Water Service Line, HDPE, SDR09
15
LF
______________
______________
11.
Connections to Existing System
1
LS
______________
______________
12.
Pipe Abandonment
1
LS
______________
______________
13.
Asphalt Pavement Resurfacing (Driveway)
120
SF
______________
______________
14.
Tree Removal (if necessary)
2
EA
______________
______________
ITEM
DESCRIPTION
1.
Mobilization and Demobilization
2.
6-inch PVC Watermain, C900 - DR-18
3.
Total Schedule A: ______________
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
SECTION 00450
INDIAN ENTERPRISE QUALIFICATION STATEMENT
NOTE:
If BIDDER wishes to qualify as an “Indian-owned Economic Enterprise”, submit this completed
questionnaire to the OWNER within the time frame specified. Use additional sheets to complete
answers if needed.
The undersigned certifies under oath the truth and correctness of all answers to questions made hereinafter:
1.
Applicant wishes to qualify as:
An "Economic Enterprise" as defined in Section 23(e) of the Indian Financing Act of 1974 (P.L.
93-262); that is "any Indian-Owned ... commercial, industrial or business activity established or
organized for the purpose of profit: provided, that such Indian ownership shall constitute not less
than 51 percent of the enterprise:
or
A "Tribal Organization" as defined in Section 4 (c ) of the Indian Self-Determination and Education
Assistance Act (P.L. 93-638); that is: "the recognized governing body of any Indian Tribe; any
legally established organization of Indians which is controlled, sanctioned or chartered by such
governing body or which is democratically elected by the adult members of the Indian community
to be served by such organization and which includes the maximum participation of Indian in all
phases of its activities: Provided, that in any case where a contract is let or grant made to an
organization to perform services benefitting more than one Indian Tribe, the approval of each
such Indian Tribe shall be a prerequisite to the letting or making of such contract or grant ..."
2.
Name of Enterprise or Organization:
Address:
Telephone Number:
3.
Check One:
Corporation
Partnership
Sole Proprietorship
Joint Venture
Other
SECTION 00450 - INDIAN ENTERPRISE QUALIFICATION STATEMENT
PAGE 1 OF 6
KOOTENAI TRIBE
4.
WATER MAIN LOOP CONSTRUCTION
Answer the following:
If a Corporation:
a. Date of incorporation:
b. State of incorporation:
c. Give the names and addresses of the officers of this Corporation and establish whether they
are Indian (I) or Non-Indian (NI).
Name and Social
Security No.
I or
NI
Title
Address
% of stock
Ownership
President
VicePresident
Secretary
or Clerk
Treasurer
d. Complete the following information on all stockholders who are not listed in C above, owning
10% or more of the stock. Establish whether they are Indian (I) or Non-Indian (NI).
Name and
Social Security No.
I or
NI
Address
SECTION 00450 - INDIAN ENTERPRISE QUALIFICATION STATEMENT
% of stock
Ownership
PAGE 2 OF 6
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
If a Sole Proprietorship or Partnership:
a.
Date of Organization:
b.
Give the following information on the individual or partners and establish whether they are Indian
(I) or Non-Indian (NI).
Name and
Social Security No.
I or
NI
Address
% of stock
Ownership
If a Joint Venture:
a.
Date of Joint Venture Agreement:
b.
Attach the information for each member of the joint venture prepared in the appropriate format
given above.
5.
Give the name, address, and telephone number of the principal spokesperson of your
organization:
6.
Will any officer or partner listed in #4 be engaged in outside employment?
Yes
No
If Yes, complete:
Name/Title:
SECTION 00450 - INDIAN ENTERPRISE QUALIFICATION STATEMENT
Hours Per Week
Outside the Enterprise
PAGE 3 OF 6
KOOTENAI TRIBE
7.
WATER MAIN LOOP CONSTRUCTION
Does this enterprise have any subsidiaries or affiliates or is it a subsidiary or affiliate of another
concern?
Yes
No
If yes, complete:
Name and address of subsidiary,
affiliate or other concern:
8.
Description
of Relationship
Does this enterprise or any person listed in #4 above have or intend to enter into any type of
agreement with any other concern or person which relates to or affects the on-going
administration, management or operations of this enterprise? These include but are not limited
to management and joint venture agreements and any arrangement or contract involving the
provision of such compensated services as administrative assistance, data processing,
management consulting of all types, marketing, purchasing, production and other type of
compensated assistance.
Yes
No
If yes, attach a copy of any written agreement or an explanation of any oral or intended
agreement:
9.
Trade References (include addresses and phone numbers):
10.
a. Indicate the core employees in your work force, their job titles, and whether they are Indian or
Non-Indian. Core crew is defined as an individual who is a current bona-fide individual who is
regularly employed by the contractor in a supervisory or other key position when work is
available.
b.
Over the past three years, what has been the average number of employees?
11.
Attach certification by a Tribe or other evidence of enrollment in a Federally recognized Tribe,
or qualification as a California Indian according to Federal law, for each officer, partner or
individual designated as an Indian in #4.
12.
Attach a certified copy of the charter, article of incorporation, by-laws, partnership agreement,
joint venture agreement and/or other pertinent organizational documentation.
NOTE:
I. Omission of any information may be cause for this statement not receiving timely and
complete consideration.
SECTION 00450 - INDIAN ENTERPRISE QUALIFICATION STATEMENT
PAGE 4 OF 6
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
II.
The persons signing below certify that all information in the Indian Enterprise Qualification
statement, including exhibits and attachments is true and correct.
III.
Print and type name below all signatures.
If applicant is Sole Proprietor, sign below:
Name
Date
If applicant is in a Partnership or Joint Venture, all Partners must sign below:
Name
Date
Name
Date
Name
Date
Name
Date
If applicant is a corporation, affix corporate seal:
Corporate Seal
Date
By:
Attested by:
Corporate Secretary's Signature
SECTION 00450 - INDIAN ENTERPRISE QUALIFICATION STATEMENT
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
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SECTION 00450 - INDIAN ENTERPRISE QUALIFICATION STATEMENT
PAGE 6 OF 6
CONTRACT
FOR CONSTRUCTION SERVICES
This Contract is between the KOOTENAI TRIBE OF IDAHO, with headquarters at
Bonners Ferry, Idaho, hereinafter referred to as "The Tribe" and _________________
hereinafter referred to as the "Contractor.” This Contract shall take effect upon signing
by the authorized representatives of both parties.
1.0
Description of Work and Contract Documents
1.1
This Contract consists of this written agreement and all attached "contract
documents" CONTRACTOR shall perform the following described work in
accordance with this written agreement and the attached contract
documents (do not leave blank):
___________________________________________________________
___________________________________________________________
______________________________________.
1.2
As part of Contract Documents, required attachments include at a minimum,
the RFP/RFQQ or Sealed Bid for the Project, Bidder’s Response, and a
Certification Regarding Debarment by any Tribal government, Federal
agency or State government.
1.3
These contract documents together form the Contract for the work herein
described. The parties intend that the documents include provisions for all
labor, materials, equipment, supplies, and other items necessary for the
execution and completion of the work by the CONTRACTOR, and all terms
and conditions of payment. The documents also include a requirement to
perform all work and procedures not expressly indicated herein, but which
are necessary for the proper execution of the project. In case of a conflict
between this written agreement and any document attached to it, the terms
of this written agreement shall govern.
2.0
Contract Price
The Tribe agrees to pay CONTRACTOR for the work described not to exceed
__________________. Payment of this amount is subject to additions or
deductions in accordance with the provisions of this Contract.
3.0
Payments
3.1
Payment shall be made by the Tribe within thirty days of review and
approval of Contractor’s monthly billing, minus any amount retained in
accordance with this written agreement. Payment shall be made for
accepted work completed according to the approved “Schedule of Values”
which is the written and approved estimates of costs of material, equipment,
and/or labor necessary to complete the work required by this Contract.
SECTION 00500 – AGREEMENT
1
3.2
Progress payments may be withheld and this Contract may be terminated
if:
3.2.1 Work is found to be defective and not remedied;
3.2.2 CONTRACTOR does not make prompt and proper payments to
subcontractors;
3.2.3 CONTRACTOR does not make prompt and proper payments for
labor, materials, or equipment furnished to him;
3.2.4 Another CONTRACTOR is damaged by an act for which
CONTRACTOR is responsible;
3.2.5 Claims or liens are filed on the job;
3.2.6 In the opinion of the Contract Officer Representative,
CONTRACTOR’s work is not progressing in a satisfactory manner.
4.0
Final Payment
4.1
The Tribe shall make final payment to CONTRACTOR within thirty (30) days
after the work is completed, provided that:
4.1.1 This Contract is then fully performed;
4.1.2 CONTRACTOR has delivered to the Tribe:
a)
A complete release of all liens arising out of the contract;
b)
Receipts showing payment has been made for all
labor, materials, and equipment for which a lien could be filed
or other satisfactory evidence that no such amounts remain
due and owing; or
c)
A bond satisfactory to the Tribe indemnifying the Tribe
against such liens.
d)
As-built drawings showing all changes from original design
documents
5.0
Claims
5.1
By making final payment, the Tribe waives all claims except those arising
out of:
5.1.1 Faulty work appearing after a certificate of substantial completion
has been issued;
5.1.2 Work that does not comply with the contract documents;
5.1.3 Outstanding claims of liens;
5.1.4. Failure of CONTRACTOR to comply with any special guarantees or
warranty required by the contract documents.
5.2 CONTRACTOR, by accepting final payment, waives all claims except those
which he or she has previously made in writing, and which remain unsettled
at the time of acceptance.
SECTION 00500 – AGREEMENT
2
6.0
Starting and Completion Dates
CONTRACTOR’s work under this Contract shall begin on _________________,
and shall be completed by _________________. The Contractor and or
Contractors surety, if any will be liable for and pay $100.00, and not as a penalty,
for each calendar day of delay after 50 days from the notice to proceed date until
the work is substantially complete.
7.0
Work Changes
7.1
The Tribe reserves the right to order work changes in the nature of
additions, deletions, or modifications to this Contract, without invalidating
the Contract, and agrees to make corresponding adjustments in the
Contract Price and time for completion as are then agreed to by the parties.
Any such changes will be authorized by a written Change Order, which must
be signed by the tribe’s Contract Officer, designated in Section Nine (9)
below. The Change Order will include conforming changes in the Contract
and completion time.
7.2
The scope of work shall be changed, and the Contract Price and completion
time shall be modified only as set out in the written Change Order. Any
adjustment in the Contract Price resulting in a credit or a charge to the Tribe
shall be determined by the mutual agreement of the parties to this Contract
before starting the work involved in the change.
8.0
Default and Termination
8.1
This Contract may be terminated by either party without prejudice to any
other remedy that the non-defaulting party may have if the other party
defaults in performance of any provision of this Contract. The non-defaulting
party shall give the defaulting party 10 days’ written notice of the nondefaulting party’s intention to terminate this Contract, within which time the
defaulting party may cure the default condition to the satisfaction of the nondefaulting party. Should the defaulting party be CONTRACTOR, the Tribe
may, pursuant to Section 3 of this Contract, withhold any portion of the
Contract Price still owing at the time of default.
8.2
The Tribe may also terminate this Contract for its convenience without
cause. Should the Tribe elect to terminate under this subparagraph, the
Tribe shall give the CONTRACTOR 10 days’ written notice of the
termination. The Tribe shall pay for all work completed and building
materials purchased for the project up to the effective date of the
termination. CONTRACTOR shall have no additional rights as against the
Tribe except for the payment provided under this subparagraph.
8.3
This Contract is funded from appropriated funds or federal funds. Should
those funds be reduced or eliminated, the Tribe may terminate or modify
this Contract to reflect the change in funding. If this Contract is terminated
under this subparagraph, CONTRACTOR shall be paid for all work properly
completed and building materials purchased up to the effective date of
SECTION 00500 – AGREEMENT
3
termination. Any work changes required, as a result of the provisions of this
Section shall be processed as provided under herein.
9.0
Contract Officer/Contract Officer Representative/Contractor Representative
9.1
Theresa Wheat is the designated Contract Officer (CO) for the purpose of
this Contract and shall provide general administration of the Contract as the
Tribe’s representative.
9.2
The designated Contract Officer Representative (COR) for the purpose of
this Contract shall be _Theresa Wheat_. The Contract Officer
Representative shall provide specific administration of the Contract as the
Tribe’s representative, and shall have authority to initiate Change Orders,
including approval of compensation and expense payments.
9.3
CONTRACTOR’s representative for this project is ____________ who shall
be responsible for the conduct of the work completed hereunder, and who
shall have signature authority for the CONTRACTOR for all matters related
to this Contract.
10.0 Authorities
10.1 The duties and authority of the Tribe’s CO and COR shall be as follows:
10.1.1 Specific Administration of Contract: COR
10.1.2 Inspections and Instructions: COR
The COR shall keep familiar with the progress and quality of the work
by making periodic visits to the work site. The COR will make general
determinations as to whether the work is proceeding in accordance
with the contract. Neither the Tribe nor the COR will be responsible
for the means of construction or for CONTRACTOR’s failure to
perform the work properly and in accordance with the contract
documents. Any instructions given to the CONTRACTOR by the
Tribe shall be given through the COR or his or her designate. The
COR/designate has the authority to reject work not in compliance
with this Contract.
10.1.3 Access to Worksite for Inspection: COR
The COR shall be given free access to the work at all times during
the contract period. However, the COR is not required to make
exhaustive or continuous onsite inspections to perform the duty of
checking and reporting on work progress.
10.1.4 Interpretation of Contract Documents: CO/ORA
The CO in consultation with the Legal Department will interpret the
contract documents requirements and make decisions on claims and
disputes between the CONTRACTOR and the Tribe. The COR does
not have the authority to make decisions on these matters.
10.1.5 Rejection and Stoppage of Work: COR
The COR shall have authority to reject work which in his or her
opinion does not conform to the contract documents, and in this
SECTION 00500 – AGREEMENT
4
connection, to stop the work or a portion thereof when necessary to
insure CONTRACTOR’s performance is in accordance with the
terms of this Contract.
11.0
Rights of the Tribe
The Tribe reserves the right to let other contracts in connection with the project.
CONTRACTOR shall cooperate with all other contractors to the effect that their
work shall not be impeded by CONTRACTOR’s construction, and shall give them
access to the work site necessary to perform their contracts.
12.0 Responsibilities of Contractor
12.1 CONTRACTOR’s duties and rights in connection with the project herein are
as follows:
12.1.1 Responsibility for and Supervision of Construction:
CONTRACTOR represents that he or she has inspected and is
familiar with the work site and the local conditions under which the
work is to be performed. CONTRACTOR shall be solely responsible
for all construction under this Contract, including the techniques,
sequences, procedures, and means for coordination of all work.
CONTRACTOR shall properly supervise and direct the work of his or
her employees and subcontractors, and shall give all attention
necessary for such proper supervision and direction.
12.1.2 Discipline and Employment:
CONTRACTOR shall maintain at all times strict discipline among his
or her employees, and agrees not to employ for work on the project
any person unfit or without sufficient skill to perform the job for which
he or she was employed.
12.1.3 Furnishing of Labor, Materials, etc.:
CONTRACTOR shall provide and pay for all labor, materials and
equipment, including but not limited to tools, construction equipment,
and machinery, utilities including water, transportation, and all other
facilities and services necessary for the proper completion of the
work on the project in accordance with the contract documents.
12.1.4 Payment of Taxes, Procurement of Licenses and Permits:
CONTRACTOR shall pay any taxes required by law in connection
with work on the project and shall secure all licenses and permits
necessary for proper completion of the work, paying the fees
therefore.
12.1.5 Compliance with Laws and Regulations:
CONTRACTOR shall comply with all applicable laws, ordinances,
and rules, regulations, or orders of all public authorities relating to
the performance of the work herein. If any of the contract documents
are at variance therewith, he or she shall notify the Contract Officer
promptly on discovery of such variance.
SECTION 00500 – AGREEMENT
5
12.1.6 Responsibility for Negligence of Employees and Subcontractors:
CONTRACTOR assumes full responsibility for acts, negligence or
omissions of all his or her employees on the project, for those of his
or her subcontractors and their employees, and for those of all other
persons doing work under a contract with him.
12.1.7 Warranty of Fitness of Structures, Work Equipment and Materials:
CONTRACTOR represents and warrants to the Tribe that all
structures constructed and work done under this Contract and
equipment and materials used in the work and made a part of any
structure, or placed permanently in connection with any structure, will
be new unless otherwise specified in the contract documents, of
good quality, free of defects, and in conformity with the contract
documents. It is understood between the parties hereto that all
equipment and materials that are not so in conformity are defective.
Upon completion of the project which is the subject of this Contract,
the Contractor shall provide valid written warranties for all materials
and equipment provided which will remain on site; such warranties
shall be in force for at least year or per the manufacturer’s warranty
period, whichever is longer.
12.1.8 Furnishing of Samples, Shop Drawings and As-Built Drawings:
CONTRACTOR agrees to furnish the Tribe COR, upon request, all
samples and shop drawings for consideration and approval as to
conformance with the specifications of the contract documents and
concepts of design called for therein.
12.1.9 Clean Up: CONTRACTOR agrees to keep the work premises and
adjoining ways free of waste materials and rubbish caused by his or
her work or that of subcontractors. He or she further agrees to
remove all such waste materials and rubbish caused by his or her
work or that of subcontractors, and to dispose of such materials only
at approved landfill sites or collection stations as approved by a valid
solid waste permit issued to Contractor or his/her subcontractor(s).
He or she further agrees to remove all such waste materials and
rubbish on termination of the project, together with all
CONTRACTOR’s tools, equipment, machinery, and surplus
materials. CONTRACTOR agrees on terminating work at the site to
conduct general clean up operations of any and all areas affected by
the work, including the cleaning of all glass surfaces, paved streets
and walks, steps, and interior floors and walls.
12.1.10 Indemnity and Hold Harmless Agreement:
CONTRACTOR agrees to indemnify and hold harmless the Tribe
and its agents and employees from and against all claims, damages,
losses, and expenses including reasonable attorney’s fees in case it
shall be necessary for the Tribe to commence or defend an action
SECTION 00500 – AGREEMENT
6
arising out of or associated in any way with performance of the work
herein which is
a)
For bodily injury, illness, or death, property damage including loss of
use, or other damage, and
b)
Caused in whole or part by CONTRACTOR’s negligent act or
omission, or that of a subcontractor, or that of anyone employed by
them or for whose acts CONTRACTOR or subcontractor may be
liable.
12.1.11 Payment of Royalties and License Fee (Hold Harmless
Agreement):
CONTRACTOR agrees to pay all royalties and license fees
necessary for the work and to defend all actions and settle all claims
for infringement of copyright or patent rights, and to save the Tribe
harmless therefrom.
12.1.12 Safety Precautions and Programs:
CONTRACTOR has the duty of providing for and overseeing all
safety orders, precautions, and programs necessary to the
reasonable safety of the work and will comply with all applicable
Tribal and federal laws, rules, and regulations. In this connection
CONTRACTOR shall take reasonable precautions for the safety of
all work employees and other persons whom the work might affect,
all work and materials incorporated in the project, and all property
and improvements on the constructions site and adjacent thereto,
complying with all applicable laws, ordinances, rules, regulations,
and orders.
12.1.13 Drug and Alcohol-Free Workplace:
CONTRACTOR shall at all times maintain a drug and alcohol-free
workplace, and shall take reasonable steps to ensure that no
employees of, nor subcontractors of the CONTRACTOR are
allowed to work while under the influence of illegal drugs or of
alcohol, and that no such illegal drugs or alcohol are allowed at any
time at the work site. Failure to comply with this paragraph is
grounds for immediate termination of this Contract.
13.0
Time of Essence/Extension of Time
All times for performance set out in the Contract Documents are deemed to be of
the essence. The CONTRACTOR will schedule and perform all work under this
Contract to complete the work within the time required by this Contract. Contract
times may only be extended by a written Change Order from the Contract Officer
issued to the CONTRACTOR prior to the expiration of the original date for
performance of this Contract or any of its parts. Contract times may be extended
by a Change Order from the Tribe’s Contract Officer for such reasonable time as
the Contract Officer may determine when in his or her opinion CONTRACTOR is
delayed in work progress by Change Ordered, labor disputes, fire, prolonged
SECTION 00500 – AGREEMENT
7
transportation delays, injuries, or other causes beyond CONTRACTOR’s control
or which justify the delay. The Tribe reserves the absolute right to refuse to permit
an extension of the contract except in case of Change Orders issued by the Tribe.
14.0
Subcontractors
CONTRACTOR agrees to furnish the Tribe Contract Officer, before the
commencement of work under this Contract, a list of subcontractors to whom he
or she proposes to award the work to be subcontracted by him. A subcontractor
for the purpose of this Contract shall be a person with whom contractor has a direct
contract for work at the project site. CONTRACTOR agrees not to employ a
subcontractor to whose employment the Contract Officer of the Tribe objects, nor
shall he or she be required to hire a subcontractor to whose employment he or she
may reasonably object. All contracts between CONTRACTOR and subcontractors
shall conform to the provisions of the contract documents and shall incorporate in
such subcontracts the relevant provisions of this Contract. All subcontractors shall
be informed in writing of the contents of this Contract, including all Contract
documents, which apply to the performance of subcontractors. Additionally,
Contractor shall provide written notification to all subcontractors that they are
subject to all the terms of this Contract which reasonably may be applied to their
performance.
15.0
Insurance
CONTRACTOR shall provide insurance as follows, and shall provide to the CO
certificates verifying the indicated insurance coverage:
15.1 CONTRACTOR’s Liability Insurance:
CONTRACTOR agrees to keep in force at CONTRACTOR’s expense
during the entire period of construction on the project such liability insurance
as will protect him from claims under workman's compensation, and other
employee benefit laws for bodily injury and death, and for property damage
that may arise out of work under this Contract, whether directly or indirectly
by CONTRACTOR, or directly or indirectly by a subcontractor. The amount
of such coverage shall be at least $1 million per incident and $2 million
aggregate and the Certificate of Insurance provided by CONTRACTOR
shall specifically name the Tribe as an additional insured. Such insurance
shall include contractual liability insurance applicable to CONTRACTOR’s
obligations under this Contract. Proof of such insurance shall be filed by
CONTRACTOR with the Tribe within a reasonable time after execution of
this Contract and before the commencement of work by the
CONTRACTOR.
Failure to provide proof of insurance prior to
commencement of work shall result in a Stop Work order by the CO.
15.2 Builder’s Risk Insurance:
Builder’s Risk Insurance is not required for work on structures currently
insured by the Tribe. However, CONTRACTOR further agrees to purchase
and maintain in full force and effect during the entire period of construction
SECTION 00500 – AGREEMENT
8
a policy of Builder’s Risk Insurance for the benefit of the Tribe in the amount
equal to the cost of the project which provides insurance coverage for the
Tribe against any claim or lawsuit against the Tribe for bodily injury, illness
or death, or for property damage, including loss of use, or any other
damage, which is caused in whole or in part by CONTRACTOR’s negligent
act or omission or that of a subcontractor.
16.0 Performance/Payment Bond or Increased Retainage (select one)
16.1 If the Contract Price set out in §2.0 of this written agreement equals or
exceeds $10,000.00, Contractor shall:
[ ]
16.1.1 Provide a performance and payment bond for the full
Contract price, and any increase in that price authorized by a
Change Order, guaranteeing the faithful performance of this
Contract. In this case,10% of the contract price shall be retained
and released to the Contractor only upon completion of this
contract. OR
[ ]
16.1.2 Contractor shall agree that the total amount retained from
the Contract Price shall be 25%, which shall be released to the
Contractor only upon completion of this contract. If the Performance
Bond option is chosen, the bond shall be provided before the
performance of any work on this contract.
17.0
Correcting Work
When it appears to the COR or CONTRACTOR during the course of construction
that any work does not conform to the provisions of the contract documents,
Contractor shall make necessary corrections so that such work will so conform,
and in addition will correct any defects caused by faulty materials, equipment, or
workmanship in work supervised by him or by at any work does not conform to the
provisions of the contract documents, he or she shall make necessary corrections
so that such work will so conform, and in addition will correct any defects caused
by faulty materials, equipment, or workmanship in work supervised by him or by a
subcontractor, appearing within One (1) Year from the date of issuance of a
certificate of substantial completion by the Contract Officer, or within such longer
period as may be prescribed by law or as may be provided for by applicable special
guarantees in the contract documents.
18.0
Possession upon Substantial Completion
The Tribe reserves the right to take over and utilize areas of the work site in
which CONTRACTOR’s work has been substantially completed, although other
portions of the contracted work remain to be finished. In such an instance, all
CONTRACTOR’s obligations under this Contract shall remain in force and
CONTRACTOR will remain responsible for the entire project covered by this
Contract until the Contract Officer has issued a certificate of substantial
completion. Should the Tribe take possession of a portion of the Project which is
SECTION 00500 – AGREEMENT
9
substantially completed prior to completion of the Project, CONTRACTOR shall
be relieved of liability for liquidated damages for the portion of the Project
occupied by the Tribe pursuant to this paragraph.
19.0
Jurisdiction
The Tribe and CONTRACTOR agree that sole and exclusive jurisdiction over
disputes arising from this Contract shall be in the Tribal Courts of the Kootenai
Tribe.
20.0
Reporting
CONTRACTOR shall report to the COR or as requested by the COR. Reports may
be made in writing, or by fax, teleconference, or E-mail, as directed by the COR.
21.0
Independent Contractor
It is understood that the CONTRACTOR is operating as an independent contractor,
and as such shall comply with all applicable laws and regulations and shall pay all
applicable taxes and other assessments and hold the Tribe harmless from the
consequences of any act or omission of whatever kind or nature of CONTRACTOR
or its employees or agents of whatever kind. CONTRACTOR shall not have any
right as an employee of the Tribe, and no employee-employer relationship is
established by this Contract. Further, the CONTRACTOR is responsible for
reporting this income to the applicable federal and/or state agencies. The
CONTRACTOR is responsible for all taxes associated with this income.
22.0
Proprietary Rights
CONTRACTOR agrees that all proprietary rights, including patents and copyrights,
contracted for or otherwise created for or on behalf of the Tribe shall be owned by
the Kootenai Tribe of Idaho.
23.0
Records
CONTRACTOR will maintain adequate financial records, in accordance with
generally accepted accounting practices, such that the CONTRACTOR can clearly
and easily identify all claimed costs and expenses and the relatedness of those
costs and expenses to this Contract.
24.0
Embezzlement
The CONTRACTOR agrees to insert this clause in all subcontracts:
Any officer, director, agent, employee or other person connected in any capacity
with this Contract or any subcontract hereunder who embezzles, willfully
misapplies, steals or obtains by fraud any of the money, funds, assets or property
provided through this Contract may be subject to federal and tribal criminal
prosecution and may be fined up to $10,000 or imprisoned for up to two years, or
both if convicted.
SECTION 00500 – AGREEMENT
10
25.0
Certification of Non-Segregated Facilities
By signing this Contract, the CONTRACTOR certifies that it does not maintain or
provide for its employees any segregated facilities at any of CONTRACTOR’s
establishments, and that CONTRACTOR’s employees are not permitted to
perform their services at any location, under this Contract, where segregated
facilities are maintained.
The CONTRACTOR agrees that failure to abide this certification is a breach of this
Contract.
26.0
Warranty of Special Expertise
The CONTRACTOR warrants that he or she has the educational credentials,
expertise and training required to accomplish the purposes of this Contract.
27.0
Compliance with Applicable Laws
By acceptance of this Contract, the CONTRACTOR agrees that it will comply with
this and all other applicable tribal, state, and federal laws.
IN WITNESS WHEREOF, the parties have executed this Contract at Bonners
Ferry, Idaho, on the date herein indicated.
DATE
DATE
___________________________________
AUTHORIZED REPRESENTATIVE
KOOTENAI TRIBE OF IDAHO
____________________________________
AUTHORIZED COMPANY RESPRSENTATIVE
Contract Number: _______________
SECTION 00500 – AGREEMENT
11
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SECTION 00500 – AGREEMENT
12
KOOTENAI TRIBE
To:
__________________
WATER MAIN LOOP CONSTRUCTION
SECTION 00510
NOTICE OF AWARD
__________________
Project Description: KOOTENAI “COMMUNITY WATER MAIN LOOP CONSTRUCTION
SANITATION FACILITIES”, IHS Project PO-21-N04
The TRIBE has considered the BID submitted by you for the above-described WORK in
response to its Advertisement for Bids dated _______________, and Information for
Bidders.
You are hereby notified that your BID has been accepted for items in the amount of
$_________________.
You are required by the Information for Bidders to execute the Agreement and furnish
the required CONTRACTOR’S Performance BOND, Payment BOND, and certificates of
insurance within ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said BONDS within ten (10) days
from the date of this Notice, said TRIBE will be entitled to consider all your right arising
out of the TRIBE’S acceptance of your BID as abandoned and as a forfeiture of your
BID BOND. The TRIBE will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the
TRIBE.
Dated this ________ day of _______________.
__________________________
TRIBE
By _______________________
Title_______________________
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged
by____________________________________________________________________
this the ___________________________day of _________________________
By ______________________________________
Title ____________________________________
SECTION 00510 – NOTICE OF AWARD
PAGE 1 OF 2
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
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SECTION 00510 – NOTICE OF AWARD
PAGE 2 OF 2
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
SECTION 00550
NOTICE TO PROCEED
To:
Date:
Project Description: KOOTENAI “COMMUNITY WATER MAIN LOOP CONSTRUCTION
SANITATION FACILITIES”, IHS Project PO-21-N04
You are hereby notified to commence WORK in accordance with the Agreement dated
, 20
, on or before
, 20
, and
you are to complete the WORK within one hundred and twenty (120) consecutive
calendar days thereafter. The date of completion of all WORK is therefore
, 20
. You will be required to mobilize within 10 days from the commencement
date given above.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the
TRIBE.
Dated this ________ day of __________,2_____.
__________________________
TRIBE
By _______________________
Title_______________________
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged
by____________________________________________________________________
this the ___________________________day of _______________________,2____
By ______________________________________
Title ____________________________________
SECTION 00550 – NOTICE TO PROCEED
PAGE 1 OF 2
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
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SECTION 00550 – NOTICE TO PROCEED
PAGE 2 OF 2
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
SECTION 00610
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
__________________________________ as Principal, and
__________________________________as Surety, are hereby held and firmly
bound unto _______________________________________as TRIBE in the
penal sum of $__________________ for the payment of which, well and truly to
be made, we hereby jointly and severally bind ourselves, successors and assigns.
Signed this ____________________ day of _______________2____.
The Condition of the above obligation is such that whereas the Principal has
submitted to the Kootenai Tribe a certain BID, attached hereto and hereby made a
part hereof to enter into a contract in writing, for the
_________________________________________________________________
NOW, THEREFORE,
(a) If said BID shall be rejected, or
(b) If said BID shall be accepted and the Principal shall execute and deliver a
contract in the Form of Contract attached hereto (properly completed in
accordance with said BID) and shall furnish a BOND for his faithful
performance of said contract and for the payment of all persons performing
labor or furnishing materials in connection therewith, and shall in all other
respects perform the agreement created by the acceptance of said BID, then
this obligation, shall be void, otherwise the same shall remain in force and
effect: it being expressly understood and agreed that the liability of the Surety
for any and all claims hereunder shall, in no event, exceed the penal amount
of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations
of said Surety and its BOND shall be in no way impaired or affected by any
extension of the time with which the TRIBE may accept such BID: and said Surety
does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their
hands and seals, and such of them as are corporations have caused their
corporate seals to be hereto affixed and these presents to be signed by their
proper officers, the day and year first set forth above.
____________________________________(L.S.)
Principal
____________________________________
Surety
SECTION 00610 – BID BOND
PAGE 1 OF 2
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
By: _________________________________
IMPORTANT – Surety companies executing BONDS must appear on the
Treasury Department’s most current list (Circular 570 as amended) and be
authorized to transact business in the state where the PROJECT is located.
SECTION 00610 – BID BOND
PAGE 2 OF 2
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
SECTION 00620
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: THAT
_________________________________________________________________
Name of Contractor
_________________________________________________________________
Address of Contractor
a__________________________________________ hereinafter called Principal.
Corporation, Partnership or Individual
and______________________________________________________________
Name of Surety
_________________________________________________________________
Address of Surety
Hereinafter called Surety, are held and firmly bound unto____________________
_________________________________________________________________
Name of TRIBE
_________________________________________________________________
Address of TRIBE
Hereinafter called TRIBE, in the penal sum of __________Dollars, $ (_________)
In lawful money of the United States, for the payment of which sum well and truly
to be made, we bind ourselves, successors, and assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal
entered into a certain contract with the TRIBE, dated the _____ day of __, 2____,
a copy of which is hereto attached and made a part hereof for the construction of:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
NOW, THEREFORE, if the Principal shall promptly make payment to all person,
firms, SUBCONTRACTORS, and corporations furnishing materials for or
performing labor in the prosecution of the WORK provided for in such contract,
and any authorized extension or modification thereof, including all amounts due
for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery,
equipment and tools, consumed or used in connection with the construction of
such WORK, and all insurance premiums on said WORK, and for all labor,
performed in such WORK whether by SUBCONTRACTOR or otherwise, then this
obligation shall be void: otherwise to remain in full force and effect.
SECTION 00620 – PAYMENT BOND
PAGE 1 OF 2
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of
the contract or to the WORK to be performed hereunder or the SPECIFICATIONS
accompanying the same shall in any wise affect its obligation on this
BOND, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the WORK or the
SPECIFICATIONS.
PROVIDED, FURTHER, that no final settlement between the TRIBE and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in _____counterparts, each
Number
one of which shall be deemed an original, this the ______day of _______,2____
ATTEST:
(SEAL)
_____________________________________
Principal
_________________________________________
Principal Secretary
________________________
Witness as to Principal
________________________
Address
________________________
ATTEST:
________________________
Witness as to Surety Address
________________________
Address
________________________
By __________________________(s)
_______________________
Address
_______________________
____________________________
Surety
____________________________
Attorney-in-Fact
________________________
Address
________________________
________________________
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury
Department’s most current list (Circular 570 as amended) and be authorized to
transact business in the State where the PROJECT is located.
SECTION 00620 – PAYMENT BOND
PAGE 2 OF 2
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
SECTION 00630
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: THAT
_________________________________________________________________
Name of Contractor
_________________________________________________________________
Address of Contractor
a__________________________________________ hereinafter called Principal.
Corporation, Partnership or Individual
and______________________________________________________________
Name of Surety
_________________________________________________________________
Address of Surety
Hereinafter called Surety, are held and firmly bound unto____________________
_________________________________________________________________
Name of TRIBE
_________________________________________________________________
Address of TRIBE
Hereinafter called TRIBE, in the penal sum of __________Dollars, $ (_________)
In lawful money of the United States, for the payment of which sum well and truly
to be made, we bind ourselves, successors, and assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal
entered into a certain contract with the TRIBE, dated the _____ day of __, 2____,
a copy of which is hereto attached and made a part hereof for the construction of:
_________________________________________________________________
_________________________________________________________________
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its
duties, all the undertakings, covenants, terms, conditions, and agreements of said
contract during the original term thereof, and any extensions thereof, which may
be granted by the TRIBE, with or without notice to the Surety, and during the one
year guaranty period, and if he shall satisfy all claims and demands incurred
under such contract, and shall fully indemnify and save harmless the TRIBE, from
all costs and damages which it may suffer by reason of failure to do so, and shall
reimburse and repay the TRIBE all outlay and expense which the TRIBE may
incur in making good any default, then this obligation shall be void; otherwise to
remain in full force and effect.
SECTION 00630 – PERFORMANCE BOND
PAGE 1 OF 2
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
PROVIDED, FURTHER, that the said surety, for value received hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of
the contract or to WORK to be performed hereunder or the SPECIFICATIONS
accompanying the same shall in any wise affect its obligation on this BOND, and it
does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.
PROVIDED, FURTHER, that no final settlement between the TRIBE and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in _____counterparts, each
Number
one of which shall be deemed an original, this the ______day of _______,2____
ATTEST:
(SEAL)
_____________________________________
Principal
_________________________________________
Principal Secretary
________________________
Witness as to Principal
________________________
Address
________________________
ATTEST:
________________________
Witness as to Surety Address
________________________
Address
________________________
By __________________________(s)
_______________________
Address
_______________________
____________________________
Surety
____________________________
Attorney-in-Fact
________________________
Address
________________________
________________________
NOTE: Date of BOND must not be prior to date of Contract.
IF CONTRACTOR is Partnership, all partners should execute BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury
Department’s most current list (Circular 570 as amended) and be authorized to
transact business in the state where the PROJECT is located.
SECTION 00630 – PERFORMANCE BOND
PAGE 2 OF 2
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
SECTION 00700
GENERAL CONDITIONS
01.
02.
03.
04.
05.
06.
07.
08.
09.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
Definitions
Additional Instructions and Detail Drawings
Reports and Records
Drawings and Specifications
Site Investigation and Conditions Affecting the Work
Shop Drawings
Materials, Services and Facilities
Substitutions
Patents
Surveys, Permits, Regulations
Laws and Regulations Affecting Work
Taxes
Protection of Work, Property, Persons
Protection of Existing Vegetation, Structures, Equipment, Utilities, and
Improvements
Operations and Storage Areas
Insurance
Indemnification
Contract Security
Accident Prevention and Safety Program
Temporary Sanitary Facilities
Supervision by Contractor
Subcontracting
Separate Contracts
Time for Completion and Liquidated Damages
Progress Schedules and Requirements for Compliance
Land and Right-of-Way
Suspension of Work, Termination and Delay
Inspection and Testing
Correction of Work
Changes in the Work
Changes in the Contract Price
Differing Site Conditions
Use and Possession Prior to Completion
Cleanup and Finish Grading
Measurement and Payment
Variation in Estimated Quantities
Payments to Contractor
Assignments
Guaranty
Acceptance of Final Payment as release
SECTION 00700 – GENERAL CONDITIONS
PAGE 1 OF 32
KOOTENAI TRIBE
41.
42.
43.
44.
45.
Engineer’s Role and Authority
Resolution of Disputes
Equal Employment Opportunity
Clean Air and Water
Indian Health Service
1.
DEFINITIONS
WATER MAIN LOOP CONSTRUCTION
1.1
Wherever used in the CONTRACT DOCUMENTS, the following terms
shall have the meanings indicated which shall be applicable to both the
singular and plural thereof:
1.2
ADDENDA -Written or graphic instruments issued prior to the execution of
the Agreement which modify or interpret the CONTRACT DOCUMENTS,
DRAWINGS and SPECIFICATIONS, by additions, deletions, clarifications
or corrections.
1.3
BID -The offer or proposal of the BIDDER submitted on the prescribed
form setting forth the prices for the WORK to be performed.
1.4
BIDDER -Any person, firm or corporation submitting a BID for the WORK.
1.5
BONDS -Bid, Performance, and Payment Bonds and other instruments of
security, furnished by the CONTRACTOR and his surety in accordance
with the CONTRACT DOCUMENTS.
1.6
CHANGE ORDER -A written order to the CONTRACTOR authorizing an
addition, deletion or revision in the WORK within the general scope of the
CONTRACT DOCUMENTS, or authorizing an adjustment in the
CONTRACT PRICE or CONTRACT TIME.
1.7
CONTRACT DOCUMENTS -The contract, including Advertisement For
Bids, Information For Bidders, Bid, Bid Bond, Agreement, General
Provisions, Labor Provisions, Special Provisions, Payment Bond,
Performance Bond, NOTICE OF AWARD, NOTICE TO PROCEED,
CHANGE ORDER, DRAWINGS, Technical Provisions, Submittal
Requirements, and ADDENDA.
1.8
CONTRACT PRICE -The total monies payable to the CONTRACTOR
under the terms and conditions of the CONTRACT DOCUMENTS.
1.9
CONTRACT TIME -The number of calendar days stated in the
CONTRACT DOCUMENTS for the completion of the WORK.
SECTION 00700 – GENERAL CONDITIONS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
1.10
CONTRACTING OFFICER -The person with the OWNER organization
who is authorized to administer the contract for the OWNER.
1.11
CONTRACTING OFFICER'S REPRESENTATIVE - The representative of
the CONTRACTING OFFICER authorized to deal with the CONTRACTOR
at the site to administer the technical aspects of the CONTRACT, and to
assure compliance with the drawings and specifications.
1.12
CONTRACTOR - The person, firm or corporation with whom the OWNER
has executed the Agreement.
1.13
DRAWINGS - The part of the CONTRACT DOCUMENTS, which show the
characteristics and scope of the WORK to be performed, and which have
been prepared or approved by the ENGINEER.
1.14
ENGINEER - The person, firm or corporation named as such in the
CONTRACT DOCUMENTS.
1.15
FIELD ORDER- A written order effecting a change in the WORK not
involving an adjustment in the CONTRACT PRICE or an extension of the
CONTRACT TIME, issued by the ENGINEER to the CONTRACTOR
during construction.
1.16
INDIAN HEALTH SERVICE (IHS) - Federal agency which is providing
funding and/or technical assistance to the Owner on this project.
1.17
NOTICE OF AWARD -The written notice of the acceptance of the Bid from
the OWNER to the successful BIDDER.
1.18
NOTICE TO PROCEED -Written communication issued by the OWNER to
the CONTRACTOR authorizing him to proceed with the WORK and
establishing the date of commencement of the WORK.
1.19
OWNER -A public or quasi-public body or authority, tribe, corporation,
association, partnership, or individual for whom the WORK is to be
performed.
1.20
PROJECT -The undertaking to be performed as provided in the
CONTRACT DOCUMENTS.
1.21
RESIDENT PROJECT REPRESENTATIVE -The authorized
representative of the OWNER who is assigned to the PROJECT site or
any part thereof.
SECTION 00700 – GENERAL CONDITIONS
PAGE 3 OF 32
KOOTENAI TRIBE
2.
WATER MAIN LOOP CONSTRUCTION
1.22
SHOP DRAWINGS -All drawings, diagrams, illustrations, brochures,
schedules and other data which are prepared by the CONTRACTOR, a
SUBCONTRACTOR, manufacturer, SUPPLIER or distributor, which
illustrate how specific portions of the WORK shall be fabricated or
installed.
1.23
SPECIFICATIONS -A part of the CONTRACT DOCUMENTS consisting of
written descriptions of a technical nature of materials, equipment,
construction systems, standards and workmanship.
1.24
SUBCONTRACTOR -An individual, firm or corporation having a direct
contract with the CONTRACTOR or with any other SUBCONTRACTOR
for the performance of a part of the WORK at the site.
1.25
SUBSTANTIAL COMPLETION -That date as certified by the ENGINEER
when the construction of the PROJECT is sufficiently completed in
accordance with the CONTRACT DOCUMENTS, so that the PROJECT or
specified part can be utilized for the purposes for which it is intended.
1.26
SPECIAL PROVISIONS -Modifications and additions to General
Provisions which may be required by a Federal agency for participation in
the PROJECT, or such requirements that may be imposed by applicable
state or local laws, or the OWNER'S contracting practices.
1.27
SUPPLIER - ANY person or organization who supplies materials or
equipment for the WORK, including that fabricated to a special design, but
who does not perform labor at the site.
1.28
TRIBE -The governing body of the INDIAN TRIBE which has jurisdiction
on the INDIAN RESERVATION on or near which the WORK will be
performed.
1.29
WORK -All labor necessary to produce the construction required by the
CONTRACT DOCUMENTS and all materials and equipment incorporated
or to be incorporated in the PROJECT.
1.30
WRITTEN NOTICE -Any notice to any party of the Agreement relative to
any part of this Agreement in writing and considered delivered and the
service thereof completed, when posted by certified or registered mail to
the said party at his last given address, or delivered in person to said party
or his authorized representative on the WORK.
ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS
SECTION 00700 – GENERAL CONDITIONS
PAGE 4 OF 32
KOOTENAI TRIBE
3.
4.
5.
WATER MAIN LOOP CONSTRUCTION
2.1
The CONTRACTOR may be furnished additional instructions and detail
drawings, by the ENGINEER, as necessary to carry out the WORK
required by the CONTRACT DOCUMENTS.
2.2
The additional drawings and instruction thus supplied will become a part of
the CONTRACT DOCUMENTS. The CONTRACTOR shall carry out the
WORK in accordance with the additional detail drawings and instructions.
REPORTS AND RECORDS
3.1
The CONTRACTOR shall submit to the OWNER such schedule of
quantities and costs, payrolls, reports, estimates, records and other data
where applicable as are required by the CONTRACT DOCUMENTS for
the WORK to be performed.
3.2
The CONTRACTOR shall keep all records related to the CONTRACT for a
minimum of three years after acceptance of the completed work.
DRAWINGS AND SPECIFICATIONS
4.1
The intent of the DRAWINGS and SPECIFICATIONS is that the
CONTRACTOR shall furnish all labor, materials, tools, equipment, and
transportation necessary for the proper execution of the WORK in
accordance with the CONTRACT DOCUMENTS and all incidental work
necessary to complete the PROJECT in an acceptable manner, ready for
use, occupancy or operation by the OWNER.
4.2
In case of conflict between the DRAWINGS and SPECIFICATIONS, the
SPECIFICATIONS shall govern. Figure dimensions on DRAWINGS shall
govern over scale dimensions, and detailed DRAWINGS shall govern over
general DRAWINGS.
4.3
Any discrepancies found between the DRAWINGS and SPECIFICATIONS
and site conditions or any inconsistencies or ambiguities in the
DRAWINGS or SPECIFICATIONS shall be immediately reported to the
ENGINEER, in writing, who shall promptly correct such inconsistencies or
ambiguities in writing. WORK done by the CONTRACTOR after his
discovery of such discrepancies, inconsistencies or ambiguities shall be
done at the CONTRACTOR'S risk.
SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK
5.1
The CONTRACTOR will take steps necessary to ascertain the nature and
location of the work, and investigate the general and local conditions
SECTION 00700 – GENERAL CONDITIONS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
which can affect the work or its cost, including but not limited to (1)
conditions bearing upon transportation, disposal, handling, and storage of
materials; (2) the availability of labor, water, electric power, and roads; (3)
uncertainties of weather, river stages, tides, or similar physical conditions
at the site; (4) the conformation and conditions of the ground; and (5) the
character of equipment and facilities needed preliminary to and during
work performance. The CONTRACTOR also will observe and determine
the character, quality, and quantity of surface and subsurface materials or
obstacles to be encountered insofar as this information is reasonably
ascertainable from an inspection of the site, including all exploratory work
done by the OWNER, as well as from the drawings and specifications
made a part of this contract. Any failure of the CONTRACTOR to take the
actions described and acknowledged in this paragraph will not relieve the
CONTRACTOR from responsibility for estimating properly the difficulty
and cost of successfully performing the work, or for proceeding to
successfully perform the work without additional expense to the OWNER.
5.2
6.
The OWNER assumes no responsibility for any conclusions or
interpretations made by the Contractor based on the information made
available by the OWNER. The OWNER does not assume responsibility for
any understanding reached or representation made concerning conditions
which can affect the work by any of its representatives before the
execution of this contract, unless that understanding or representation is
expressly stated in this contract.
SHOP DRAWINGS
6.1
The CONTRACTOR shall provide SHOP DRAWINGS as may be
necessary for the prosecution of the WORK as required by the
CONTRACT DOCUMENTS. The ENGINEER shall promptly review all
SHOP DRAWINGS. The ENGINEER'S approval of any SHOP DRAWING
shall not release the CONTRACTOR from responsibility for deviations
from the CONTRACT DOCUMENTS. The approval of any SHOP
DRAWING which substantially deviates from the requirement of the
CONTRACT DOCUMENTS shall be evidenced by a CHANGE ORDER.
6.2
When submitted for the ENGINEER'S review, SHOP DRAWINGS shall
bear the CONTRACTOR'S certification that he has reviewed, checked and
approved the SHOP DRAWINGS and that they are in conformance with
the requirements of the CONTRACT DOCUMENTS.
6.3
Portions of the WORK requiring a SHOP DRAWING or sample
submission shall not begin until the SHOP DRAWING or submission has
been approved by the ENGINEER. A copy of each approved SHOP
SECTION 00700 – GENERAL CONDITIONS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
DRAWING and each approved sample shall be kept in good order by the
CONTRACTOR at the site and shall be available to the ENGINEER.
7.
8.
MATERIALS, SERVICES AND FACILITIES
7.1
It is understood that, except as otherwise specifically stated in the
CONTRACT DOCUMENTS, the CONTRACTOR shall provide and pay for
all materials, labor, tools, equipment, water, light, power, transportation,
supervision, temporary construction of any nature, and all other services
and facilities of any nature whatsoever necessary to execute, complete,
and deliver the WORK within the specified time.
7.2
Materials and equipment shall be so stored as to insure the preservation
of their quality and fitness for the WORK. Stored materials and equipment
to be incorporated in the WORK shall be located so as to facilitate prompt
inspection.
7.3
Manufactured articles, materials and equipment shall be applied, installed,
connected, erected, used, cleaned and conditioned as directed by the
manufacturer.
7.4
Materials, supplies and equipment shall be in accordance with samples
submitted by the CONTRACTOR and approved by the ENGINEER.
7.5
Materials, supplies or equipment to be incorporated into the WORK shall
not be purchased by the CONTRACTOR or the SUBCONTRACTOR
subject to a chattel mortgage or under a conditional sale contract or other
agreement by which an interest is retained by the seller.
SUBSTITUTIONS
8.1
Whenever a material, article or piece of equipment is identified on the
drawings or specifications by reference to brand name or catalogue
number, it shall be understood that this is referenced for the purpose of
defining the performance or other salient requirements and that other
products of equal capacities, quality and function shall be considered. The
CONTRACTOR may recommend the substitution of a material, article, or
piece of equipment of equal substance and function for those referred to in
the CONTRACT DOCUMENTS by reference to brand name or catalogue
number, and if, in the opinion of the ENGINEER, such material, article, or
piece of equipment is of equal substance and function to that specified,
the ENGINEER may approve its substitution and use by the
CONTRACTOR. Any cost differential shall be deductible from the
CONTRACT PRICE and the CONTRACT DOCUMENTS shall be
SECTION 00700 – GENERAL CONDITIONS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
appropriately modified by CHANGE ORDER. The CONTRACTOR
warrants that if substitutes are approved, no major changes in the function
or general design of the PROJECT will result. Incidental changes or extra
component parts required to accommodate the substitute will be made by
the CONTRACTOR without a change in the CONTRACT PRICE or
CONTRACT TIME.
9.
PATENTS
9.1
10.
The CONTRACTOR shall pay all applicable royalties and license fees. He
shall defend all suits or claims for infringement of any patent rights and
save the OWNER harmless from loss on account thereof, except that the
OWNER shall be responsible for any such loss when a particular process,
design, or the product of a particular manufacturer or manufacturers is
specified, however if the CONTRACTOR has reason to believe that the
design, or product specified is an infringement of a patent, he shall be
responsible for such loss unless he promptly gives such information to the
ENGINEER.
SURVEYS, PERMITS, AND REGULATIONS
10.1
The OWNER shall furnish all boundary surveys and establish all base
lines for locating the principal component parts of the WORK together with
a suitable number of benchmarks adjacent to the WORK as shown in the
CONTRACT DOCUMENTS. From the information provided by the
OWNER, unless otherwise specified in the CONTRACT DOCUMENTS,
the CONTRACTOR shall develop and make all detail surveys needed for
construction such as slope stakes, batter boards, stakes for pile locations
and other working points, lines, elevations and cut sheets.
10.2
The CONTRACTOR shall carefully preserve bench marks, reference
points and stakes and, in case of willful or careless destruction, he shall
be charged with the resulting expense and shall be responsible for any
mistakes that may be caused by their unnecessary loss or disturbance.
10.3
Permits and licenses of a temporary nature necessary for the prosecution
of the WORK shall be secured and paid for by the CONTRACTOR unless
otherwise specified in the CONTRACT DOCUMENTS. Permits, licenses
and easements for permanent structures or permanent changes in
existing facilities shall be secured and paid for by the OWNER, unless
otherwise specified. The CONTRACTOR shall give all notices and comply
with all laws, ordinances, rules and regulations bearing on the conduct of
the WORK as drawn and specified. If the CONTRACTOR observes that
the CONTRACT DOCUMENTS are at variance therewith, he shall
SECTION 00700 – GENERAL CONDITIONS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
promptly notify the ENGINEER in writing, and any necessary changes
shall be adjusted as provided in Section 30 - "CHANGES IN THE WORK".
11.
LAWS AND REGULATIONS AFFECTING WORK
11.1
12.
TAXES
12.1
13.
The CONTRACTOR will pay all sales, consumer, use and other similar
taxes required by the law of the place where the WORK is performed.
PROTECTION OF WORK, PROPERTY AND PERSONS
13.1
14.
The CONTRACTOR shall at all times observe and comply with Federal,
State, City, County and Tribal laws, ordinances and regulations which in
any manner affect the conduct of the work; and all such orders and
decrees as exist at the present and which may be enacted later by
legislative bodies or tribunals having legal jurisdiction or authority over the
work. No pleas of misunderstanding or ignorance thereof will be
considered. The CONTRACTOR shall be wholly responsible for any claim
or liability arising from or based on the violation of any such law,
ordinance, regulation, order or decree.
The CONTRACTOR will be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
WORK. He will take all necessary precautions for the safety of and will
provide the necessary protection to prevent damage, injury or loss to all
employees on the WORK and other persons who may be affected
thereby, all the WORK and all materials or equipment to be incorporated
therein, whether in storage on or off the site, and other property at the site
or adjacent thereto.
PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,
UTILITIES, AND IMPROVEMENTS
14.1
The CONTRACTOR shall preserve and protect all structures, equipment,
and vegetation (such as trees, shrubs, and grass) on or adjacent to the
work site, which are not to be removed and which do not unreasonably
interfere with the work required under this contract The CONTRACTOR
shall remove trees only when specifically authorized to do so, and shall
avoid damaging vegetation that will remain in place. If any limbs or
branches of trees are broken during contract performance, or by the
careless operation of equipment, or by workmen, the CONTRACTOR shall
trim those limbs or branches with a clean cut and paint the cut with a treepruning compound as directed by the ENGINEER.
SECTION 00700 – GENERAL CONDITIONS
PAGE 9 OF 32
KOOTENAI TRIBE
14.2
15.
16.
WATER MAIN LOOP CONSTRUCTION
The CONTRACTOR shall protect from damage all existing improvements
and utilities (1) on or near the work site and (2) on adjacent property of a
third party, the locations of which are made known to or should be known
by the CONTRACTOR. The existence and location of utilities are not
guaranteed by the OWNER and shall be investigated and verified in the
field by the CONTRACTOR before commencing construction activities in
any particular area. The CONTRACTOR shall repair any damage to those
facilities, including those that are the property of a third party, resulting
from failure to comply with the requirements of this contract or failure to
exercise reasonable care in performing the work. If the CONTRACTOR
fails or refuses to repair the damage promptly, the OWNER may have the
necessary work performed and charge the cost to the CONTRACTOR.
OPERATIONS AND STORAGE AREAS
15.1
The CONTRACTOR shall confine all operations (including storage of
materials) to areas authorized or approved by the OWNER. The
CONTRACTOR shall hold and save the OWNER and its representatives,
free and harmless from liability of any nature occasioned by the
CONTRACTOR'S performance.
15.2
Temporary buildings (e.g., storage sheds, shops, offices) and utilities may
be erected by the CONTRACTOR only with the approval of the OWNER
and shall be built with labor and materials furnished by the
CONTRACTOR without expense to the OWNER. The temporary buildings
and utilities shall remain the property of the CONTRACTOR and shall be
removed by the CONTRACTOR at its expense upon completion of the
work. Only with the written consent of the OWNER may the buildings and
utilities be abandoned and not removed.
15.3
The CONTRACTOR shall use only established roadways, or use
temporary roadways constructed by the CONTRACTOR when and as
authorized by the OWNER. In such case, the CONTRACTOR shall
minimize disruption and delays to traffic in the affected areas. When
materials are transported in prosecuting the work vehicles shall not be
loaded beyond the loading capacity recommended by the manufacturer of
the vehicle or prescribed by any Federal, State, or local law or regulation.
When it is necessary to cross curbs or sidewalks, the CONTRACTOR
shall protect them from damage. The CONTRACTOR shall repair or pay
for the repair of any damaged curbs, sidewalks, or roads.
INSURANCE
SECTION 00700 – GENERAL CONDITIONS
PAGE 10 OF 32
KOOTENAI TRIBE
16.1
WATER MAIN LOOP CONSTRUCTION
The CONTRACTOR shall purchase and maintain such insurance as will
protect him from claims set forth below which may arise out of or result
from the CONTRACTOR'S execution of the WORK, whether such
execution be by himself or by any SUBCONTRACTOR or by anyone
directly or indirectly employed by any of them, or by anyone for whose
acts any of them may be liable:
16.1.1
Claims under workmen's compensation, disability benefit
and other
similar employee benefit acts;
16.1.2
Claims for damages because of bodily injury, occupational
sickness or disease, or death of his employees;
16.1.3
Claims for damages because of bodily injury, sickness or
disease, or death of any person other than his employees;
16.1.4
Claims for damages insured by usual personal injury liability
coverage which are sustained (1) by any person as a result
of an offense directly or indirectly related to the employment
of such person by the CONTRACTOR or (2) by any other
person; and
16.1.5
Claims for damages because of injury to or destruction of
tangible property, including loss of use resulting therefrom.
16.2
Certificates of Insurance acceptable to the OWNER shall be filed with the
OWNER prior to commencement of the WORK. These Certificates shall
contain a provision that coverages afforded under the Policies will not be
cancelled unless at least fifteen (15) days prior WRITTEN NOTICE has
been given to the OWNER.
16.3
The CONTRACTOR shall procure and maintain, at his own expense,
during the CONTRACT TIME, liability insurance as hereinafter specified;
16.3.1
CONTRACTOR'S General Public Liability and Property
Damage Insurance including vehicle coverage issued to the
CONTRACTOR and protecting him from all claims for
personal injury, including death, and all claims for
destruction of or damage to any property, arising out of or in
connection with any operations under the CONTRACT
DOCUMENTS, whether such operations be by himself or by
any SUBCONTRACTOR under him, or anyone directly or
indirectly employed by the CONTRACTOR or by a
SECTION 00700 – GENERAL CONDITIONS
PAGE 11 OF 32
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
SUBCONTRACTOR under him. Insurance shall be written
with a limit of liability of not less than $500,000 for all
damages arising out of bodily injury, including death, at any
time resulting therefrom, sustained by any one person in any
one accident; and a limit of liability of not less than
$1,000,000 aggregate for any such damages sustained by
two or more persons in any one accident. Insurance shall be
written with a limit of liability of not less than $200,000 for all
property damage sustained by any one person in any one
accident; and a limit of liability of not less than $500,000
aggregate for any such damage sustained by two or more
persons in any one accident.
16.3.2
The CONTRACTOR shall acquire and maintain, if
applicable, Fire and Extended Coverage insurance upon the
PROJECT to the full insurable value thereof for the benefit of
the OWNER, the CONTRACTOR, and
SUBCONTRACTORS as their interest may appear. This
provision shall in no way release the CONTRACTOR or
CONTRACTOR'S surety from obligations under the
CONTRACT DOCUMENTS to fully complete the PROJECT.
16.4
The CONTRACTOR shall procure and maintain, at his own expense,
during the CONTRACT TIME, in accordance with the provisions of the
laws of the state in which the work is performed, Workmen's
Compensation Insurance, including occupational disease provisions, for
all of his employees at the site of the PROJECT and in case any work is
sublet, the CONTRACTOR shall require such SUBCONTRACTOR
similarly to provide Workmen's Compensation Insurance, including
occupational disease provisions for all of the latter's employees unless
such employees are covered by the protection afforded by the
CONTRACTOR. In case any class of employees engaged in hazardous
work under this contract at the site of the PROJECT is not protected under
Workmen's Compensation statute, the CONTRACTOR shall provide, and
shall cause each SUBCONTRACTOR to provide, adequate and suitable
insurance for the protection of his employees not otherwise protected.
16.5
The CONTRACTOR shall secure, if applicable, "All Risk" type Builder's
Risk Insurance for WORK to be performed. Unless specifically authorized
by the OWNER the amount of such insurance shall not be less than the
CONTRACT PRICE totaled in the BID. The policy shall cover not less than
the losses due to fire, explosion, hail, lightning, vandalism, malicious
mischief, wind, collapse, riot, aircraft, and smoke during the CONTRACT
TIME, and until the WORK is accepted by the OWNER. The policy shall
SECTION 00700 – GENERAL CONDITIONS
PAGE 12 OF 32
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
name as the insured the CONTRACTOR, the ENGINEER, and the
OWNER.
17.
18.
INDEMNIFICATION
17.1
The CONTRACTOR will indemnify and hold harmless the OWNER and
the ENGINEER and their agents and employees from and against all
claims, damages, losses and expenses including attorney's fees arising
out of or resulting from the performance of the WORK, provided that any
such claims, damage, loss or expense is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible
property including the loss of use resulting therefrom; and is caused in
whole or in part by any negligent or willful act or omission of the
CONTRACTOR, and SUBCONTRACTOR, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be
liable.
17.2
In any and all claims against the OWNER or the ENGINEER or any of
their agents or employees, by any employee of the CONTRACTOR, any
SUBCONTRACTOR anyone directly or indirectly employed by any of
them, or anyone for whose acts any of them may be liable, the
indemnification obligation shall not be limited in any way by any limitation
on the amount or type of damages, compensation or benefits payable by
or for the CONTRACTOR or any SUBCONTRACTOR under Workmen's
Compensation Acts, disability benefit acts or other employee benefits acts.
17.3
The obligation of the CONTRACTOR under this paragraph shall not
extend to the liability of the ENGINEER, his agents or employees arising
out of the preparation or approval of maps, DRAWINGS, opinions, reports,
surveys, CHANGE ORDERS, designs or SPECIFICATIONS.
CONTRACT SECURITY (For Contracts Greater than $100,000.00)
18.1
The CONTRACTOR shall submit with the BID OFFER with a 5% Bid
Bond.
18.2
The CONTRACTOR shall within ten (10) days after the receipt of the
NOTICE OF AWARD furnish the OWNER with a Performance Bond and a
Payment Bond in penal sums equal to the amount of the CONTRACT
PRICE, conditioned upon the performance by the CONTRACTOR of all
undertakings, covenants, terms, conditions and agreements of the
CONTRACT DOCUMENTS, and upon the prompt payment by the
CONTRACTOR to all persons supplying labor and materials in the
prosecution of the WORK provided by the CONTRACT DOCUMENTS.
SECTION 00700 – GENERAL CONDITIONS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
Such BONDS shall be executed by the CONTRACTOR and a corporate
bonding company licensed to transact such business in the state in which
the WORK is to be performed. The expense of these BONDS shall be
borne by the CONTRACTOR. If at any time a surety on any such BOND is
declared as bankrupt or loses its right to do business in the state in which
the WORK is to be performed, the CONTRACTOR shall within ten (10)
days after notice from the OWNER to do so, substitute an acceptable
BOND (or BONDS) in such form and sum and signed by such other surety
or sureties as may be satisfactory to the OWNER. The premiums on such
BOND shall be paid by the CONTRACTOR. No further payments shall be
deemed due nor shall be made until the new surety or sureties shall have
furnished an acceptable BOND to the OWNER.
19.
ACCIDENT PREVENTION AND SAFETY PROGRAM
19.1
The CONTRACTOR shall be solely and completely responsible for
conditions of the jobsite, including safety of all persons, including
employees, and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working
hours. Safety provisions shall conform to U.S. Department of Labor
(OSHA), and all other applicable Federal, State, County, and local laws,
ordinances, codes, the requirements set forth below, and any regulations
that may be detailed in other parts of these documents. Where any of
these are in conflict, the more stringent requirement shall be followed. The
CONTRACTOR's failure to thoroughly familiarize himself with the
aforementioned safety provisions shall not relieve him from compliance
with the obligations and penalties set forth herein.
19.2
The OWNER or his Representative will notify the CONTRACTOR of any
observed non-compliance with the foregoing provisions and the action to
be taken. The CONTRACTOR shall, upon receipt of such notice,
immediately take corrective action. If the CONTRACTOR fails or refuses
to comply promptly, the OWNER may issue an order stopping all or part of
the WORK until satisfactory corrective action has been taken. No part of
the time lost due to any such stop orders shall be made the subject of
claims for extension of time, or for excess costs or damages by the
CONTRACTOR.
19.3
The CONTRACTOR shall develop and maintain for the duration of this
Contract, a safety program that will effectively incorporate and implement
all required safety provisions. The CONTRACTOR shall appoint an
employee who is qualified and authorized to supervise and enforce
compliance with the safety program.
SECTION 00700 – GENERAL CONDITIONS
PAGE 14 OF 32
KOOTENAI TRIBE
20.
19.4
The CONTRACTOR as a part of his safety program, shall maintain at his
office or other well-known place at the jobsite, safety equipment applicable
to the WORK as prescribed by the aforementioned authorities, all articles
necessary for giving first aid to the injured, and shall establish the
procedure for the immediate removal to a hospital or a doctor's care of
persons who may be injured on the jobsite.
19.5
If death or serious injuries or serious damages are caused, the accident
shall be reported immediately by telephone or messenger to both the
ENGINEER and OWNER. In addition, the CONTRACTOR must promptly
report in writing to appropriate authorities and the OWNER'S
representative all accidents whatsoever arising out of, or in connection
with, the performance of the WORK whether on, or adjacent to, the site,
giving full details and statements of witnesses. If a claim is made by
anyone against the CONTRACTOR or any subcontractor on account of
any accident, the CONTRACTOR shall promptly report the facts in writing
to the OWNER giving full details of the claim.
19.6
The CONTRACTOR shall provide, erect, and maintain all necessary
barricades, suitable and sufficient lights, danger signals, signs and other
traffic control devices, and shall take all necessary. precautions for the
protection of the WORK and safety of the public. Highways closed to
traffic shall be protected by effective barricades, and obstructions shall be
illuminated during the hours of darkness. Suitable warning signs shall be
provided to control and direct traffic properly. The CONTRACTOR shall
erect warning signs in advance of any place on the project where
operations may interfere with the use of the road by traffic, and at all
intermediate points where the new work crosses or coincides with an
existing road.
19.7
Compliance with the requirements of this provision by subcontractors will
be the responsibility of the CONTRACTOR.
TEMPORARY SANITARY FACILITIES
20.1
21.
WATER MAIN LOOP CONSTRUCTION
The CONTRACTOR shall provide and maintain necessary sanitary
conveniences for the use of those employed on or about the WORK,
properly secluded from public observation in such a manner and at such
points as shall be approved by the OWNER'S representative, and their
use shall be strictly enforced.
SUPERVISION BY CONTRACTOR
21.1
The CONTRACTOR will supervise and direct the WORK. He will be solely
SECTION 00700 – GENERAL CONDITIONS
PAGE 15 OF 32
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
responsible for the means, methods, techniques, sequences and
procedures of construction. The CONTRACTOR will employ and maintain
on the WORK a qualified supervisor or superintendent who shall have
been designated in writing by the CONTRACTOR as the
CONTRACTOR'S representative at the site. The supervisor shall have full
authority to act on behalf of the CONTRACTOR and all communications
given to the supervisor shall be as binding as if given to the
CONTRACTOR. The supervisor shall be present on the site at all times
as required to perform adequate supervision and coordination of the
WORK.
22.
23.
SUBCONTRACTING
22.1
The CONTRACTOR may utilize the services of specialty
SUBCONTRACTORS on those parts of the WORK which, under normal
contracting practices, are performed by specialty SUBCONTRACTORS.
22.2
The CONTRACTOR must perform at least thirty three (33%) of the total
amount of the WORK using the CONTRACTOR'S own work force and
equipment The CONTRACTOR shall not award WORK to
SUBCONTRACTOR(s), in excess of sixty seven (67%) percent of the
CONTRACT PRICE, without prior written approval of the OWNER.
22.3
The CONTRACTOR shall be fully responsible to the OWNER for the acts
and omissions of his SUBCONTRACTORS, and of persons either directly
or indirectly employed by them, as he is for the acts and omissions of
persons directly employed by him.
22.4
The CONTRACTOR shall cause appropriate provisions to be inserted in
all subcontracts relative to the WORK to bind SUBCONTRACTORS to the
CONTRACTOR by the terms of the CONTRACT DOCUMENT insofar as
applicable to the WORK of SUBCONTRACTORS and to give the
CONTRACTOR the same power as regards terminating any subcontract
that the OWNER may exercise over the CONTRACTOR under any
provision of the CONTRACT DOCUMENTS.
22.5
Nothing contained in this CONTRACT shall create any contractual relation
between any SUBCONTRACTOR and the OWNER
SEPARATE CONTRACTS
23.1
The OWNER reserves the right to let other contracts in connection with
this PROJECT. The CONTRACTOR shall afford other CONTRACTORS
reasonable opportunity for the introduction and storage of their materials
SECTION 00700 – GENERAL CONDITIONS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
and the execution of their WORK, and shall properly connect and
coordinate his WORK with theirs. If the proper execution or results of any
part of the CONTRACTOR'S WORK depends upon the WORK of any
other CONTRACTOR, the CONTRACTOR shall inspect and promptly
report to the ENGINEER any defects in such WORK that render it
unsuitable for such proper execution and results.
24.
23.2
The OWNER may perform additional WORK related to the PROJECT by
himself, or he may let other contracts containing provisions similar to
these. The CONTRACTOR will afford the other CONTRACTORS who are
parties to such Contracts (or the OWNER, if he is performing the
additional WORK himself), reasonable opportunity for the introduction and
storage of materials and equipment and the execution of WORK. and shall
properly connect and coordinate his WORK with theirs.
23.3
If the performance of additional WORK by other CONTRACTORS or the
OWNER is not noted in the CONTRACT DOCUMENTS prior to the
execution of the CONTRACT, written notice thereof shall be given to the
CONTRACTOR prior to starting any such additional WORK. If the
CONTRACTOR believes that the performance of such additional WORK
by the OWNER or others involves him in additional expense or entitles
him to an extension of the CONTRACT TIME, he may make a claim
therefore as provided in Sections 30 and 31.
TIME FOR COMPLETION AND LIQUIDATED DAMAGES
24.1
The TIME FOR COMPLETION of the WORK is an essential condition of
the CONTRACT DOCUMENTS. The TIME FOR COMPLETION appears
in the Special Provisions. The WORK embraced shall be commenced on a
date specified in the NOTICE TO PROCEED.
24.2
The CONTRACTOR will proceed with the WORK at such rate of progress
to insure full completion within the TIME FOR COMPLETION. It is
expressly understood and agreed, by and between the CONTRACTOR
and the OWNER, that TIME FOR COMPLETION of the WORK under the
CONTRACT is a reasonable time, taking into consideration the average
climatic and economic conditions and other factors prevailing in the
locality of the WORK.
24.3
If the CONTRACTOR shall fail to complete the WORK within the TIME
FOR COMPLETION, or extension of time granted by the OWNER, then
the CONTRACTOR will pay to the OWNER the amount for liquidated
damages as specified in the Special Provisions for each calendar day that
the work shall be incomplete after the date established by the TIME FOR
SECTION 00700 – GENERAL CONDITIONS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
COMPLETION.
24.4
25.
The CONTRACTOR shall not be charged with liquidated damages or any
excess cost when the delay in completion of the WORK is due to the
following, and the CONTRACTOR has promptly given WRITTEN NOTICE
of such delay to the OWNER or ENGINEER.
24.4.1
To any preference, priority or allocation order duly issued by
the OWNER.
24.4.2
To unforeseeable causes beyond the control and without the
fault or negligence of the CONTRACTOR, including but not
restricted to, acts of God, or of the public enemy, acts of the
OWNER, acts of another CONTRACTOR in the performance
of a contract with the OWNER, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, and
abnormal and unforeseeable weather; and
24.4.3
To any delays of SUBCONTRACTORS occasioned by any
of the causes specified in paragraphs 24.4.1 and 24.4.2 of
this article.
PROGRESS SCHEDULES AND REQUIREMENTS FOR COMPLIANCE
25.1
The CONTRACTOR shall within 10 days of receipt of NOTICE TO
PROCEED, submit to the OWNER through the ENGINEER for approval a
practicable schedule, showing the order in which the CONTRACTOR
proposes to carry on the WORK, the dates on which he will start the major
items of work (including procurement of materials, plant and equipment)
and the contemplated dates for completing the same. The schedule shall
be prepared on the form entitled "Contract Progress Schedule," a copy of
which is included in the contract.
25.2
If, in the opinion of the OWNER, the CONTRACTOR falls behind the
progress schedule, the CONTRACTOR shall take such steps as may be
necessary to assure performance within the allowable TIME FOR
COMPLETION. The CONTRACTOR may propose for approval by the
OWNER measures such as increasing number of workers, number of
shifts, or overtime operations, days of work, or the amount of construction
plant, or all of them. The OWNER may require the CONTRACTOR to
submit for approval such supplementary schedule or schedules necessary
to demonstrate that the WORK shall be performed within the allowable
TIME FOR COMPLETION, all without additional cost to the OWNER.
SECTION 00700 – GENERAL CONDITIONS
PAGE 18 OF 32
KOOTENAI TRIBE
25.3
26.
27.
WATER MAIN LOOP CONSTRUCTION
Failure of the CONTRACTOR to comply with the requirements of this
provision shall be grounds for determination that the CONTRACTOR is
not prosecuting the work with such diligence as will insure completion
within the specified TIME FOR COMPLETION. Upon such determination
the OWNER may terminate the CONTRACTOR'S right to proceed with the
WORK, or any separable part thereof in accordance with Section 27
entitled "Suspension of Work, Termination and Delay".
LAND AND RIGHTS-OF- WAY
26.1
Prior to issuance of NOTICE TO PROCEED, the OWNER shall obtain all
land and rights-of-way necessary for carrying out and for the completion of
the WORK to be performed pursuant to the CONTRACT DOCUMENTS,
unless otherwise mutually agreed.
26.2
The OWNER shall provide to the CONTRACTOR information which
delineates and describes the lands owned and rights-of-way acquired.
26.3
The CONTRACTOR shall provide at his own expense and without liability
to the OWNER any additional land and access thereto that the
CONTRACTOR may desire for temporary construction facilities, or for
storage of materials.
SUSPENSION OF WORK, TERMINATION AND DELAY
27.1
The OWNER may suspend the WORK or any portion thereof for a period
of not more than ninety (90) days or such further time as agreed upon by
the CONTRACTOR, by WRITTEN NOTICE to the CONTRACTOR and the
ENGINEER which notice shall fix the date on which WORK shall be
resumed. The CONTRACTOR will resume that WORK on the date so
fixed. The CONTRACTOR will be allowed an increase in the CONTRACT
PRICE or an extension of the CONTRACT TIME, or both, directly
attributable to any suspension.
27.2
If the CONTRACTOR is adjudged as bankrupt or insolvent, or if he makes
a general assignment for the benefit of his creditors or if a trustee or
receiver is appointed for the CONTRACTOR or for any of his property, or
if he files a petition to take advantage of any debtor's act, or to reorganize
under the bankruptcy or applicable laws, or if he repeatedly fails to supply
sufficient skilled workmen or suitable materials or equipment, or if he
repeatedly fails to make prompt payments to SUBCONTRACTORS or for
labor, materials or equipment or if he disregards laws, ordinances, rules,
regulations or orders of any public body having jurisdiction of the WORK,
or if he disregards the authority of the ENGINEER, or if he otherwise
SECTION 00700 – GENERAL CONDITIONS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
violates any provision of the CONTRACT DOCUMENTS then the OWNER
may, without prejudice to any other right or remedy and after giving the
CONTRACTOR and his surety a minimum of ten (10) days from delivery
of a WRITTEN NOTICE, terminate the services of the CONTRACTOR and
take possession of the PROJECT and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the
CONTRACTOR, and finish the WORK by whatever method he may deem
expedient. In such case the CONTRACTOR shall not be entitled to
receive any further payment until the WORK is finished. If the unpaid
balance of the CONTRACT PRICE exceeds the direct and indirect costs
of completing the PROJECT, including compensation for additional
professional services, such excess SHALL BE PAID TO THE
CONTRACTOR. If such costs exceed such unpaid balance, the
CONTRACTOR will pay the difference to the OWNER. Such costs
incurred by the OWNER will be determined by the ENGINEER and
incorporated in a CHANGE ORDER.
27.3
Where the CONTRACTOR'S services have been so terminated by the
OWNER, said termination shall not affect any right of the OWNER against
the CONTRACTOR then existing or which may thereafter accrue. Any
retention or payment of monies by the OWNER due the CONTRACTOR
will not release the CONTRACTOR from compliance with the CONTRACT
DOCUMENTS.
27.4
After ten (10) days from delivery of a WRITTEN NOTICE to the
CONTRACTOR and the ENGINEER, the OWNER may without cause and
without prejudice to any other right or remedy, elect to abandon the
PROJECT and terminate the CONTRACT. In such case, the
CONTRACTOR shall be paid for all WORK executed and any expense
sustained plus reasonable profit. If this contract is terminated by the
OWNER without cause, the rights, duties, and obligations of the parties,
including compensation to the CONTRACTOR, shall be in accordance
with Part 49 of the Federal Acquisition Regulation in effect on the date of
this contract.
27.5
If, through no act or fault of the CONTRACTOR, the WORK is suspended
for a period of more than ninety (90) days by the OWNER or under an
order of court or other public authority, or the ENGINEER fails to act on
any request for payment within thirty (30) days after it is submitted, or the
OWNER fails to pay the CONTRACTOR substantially the sum approved
by the ENGINEER or awarded by arbitrators within thirty (30) days of its
approval and presentation, then the CONTRACTOR may, after ten (10)
days from delivery of a WRITTEN NOTICE to the OWNER and the
ENGINEER, terminate the CONTRACT and recover from the OWNER
SECTION 00700 – GENERAL CONDITIONS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
payment for all WORK executed and all expenses sustained. In addition
and in lieu of terminating the CONTRACT, if the ENGINEER has failed to
act on a request for payment or if the OWNER has failed to make any
payment as aforesaid, the CONTRACTOR may upon ten (10) days
WRITTEN NOTICE to the OWNER and the ENGINEER stop the WORK
until he has been paid all amounts then due, in which event and upon
resumption of the WORK, CHANGE ORDERS shall be issued for
adjusting the CONTRACT' PRICE or extending the CONTRACT TIME or
both to compensate for the costs and delays attributed to the stoppage of
the WORK.
27.6
28.
If the performance of all or any portion of the WORK is suspended,
delayed, or interrupted as a result of a failure of the OWNER or
ENGINEER to act within the time specified in the CONTRACT
DOCUMENTS, or if no time is specified, within a reasonable time, an
adjustment in the CONTRACT PRICE or an extension of the CONTRACT
TIME, or both, shall be made by CHANGE ORDER to compensate the
CONTRACTOR for the costs and delays necessarily caused by the failure
of the OWNER or ENGINEER.
INSPECTION AND TESTING
28.1
All materials and equipment used in the construction of the PROJECT
shall be subject to adequate inspection and testing in accordance with
generally accepted standards, as required and defined in the CONTRACT
DOCUMENTS.
28.2
The OWNER shall provide all inspection and testing services not required
by the CONTRACT DOCUMENTS.
28.3
The CONTRACTOR shall provide at his expense the testing and
inspection services required by the CONTRACT DOCUMENTS.
28.4
If the CONTRACT DOCUMENTS, laws, ordinances, rules, regulations or
orders of any public authority having jurisdiction require any WORK to
specifically be inspected, tested, or approved by someone other than the
CONTRACTOR, the CONTRACTOR will give the ENGINEER timely
notice of readiness. The CONTRACTOR will then furnish the ENGINEER
the required certificates of inspection, testing or approval.
28.5
Inspections, tests or approvals by the ENGINEER or others shall not
relieve the CONTRACTOR from his obligations to perform the WORK in
accordance with the requirements of the CONTRACT DOCUMENTS.
SECTION 00700 – GENERAL CONDITIONS
PAGE 21 OF 32
KOOTENAI TRIBE
29.
30.
WATER MAIN LOOP CONSTRUCTION
28.6
The ENGINEER and his representatives will at all times have access to
the WORK. In addition, authorized representatives and agents of any
participating Federal or state agency shall be permitted to inspect all work,
materials, payrolls, records of personnel, invoices of materials, and other
relevant data and records. The CONTRACTOR will provide proper
facilities for such access and observation of the WORK and also for any
inspection, or testing thereof.
28.7
If any WORK is covered contrary to the written instructions of the
ENGINEER it must, if requested by the ENGINEER, be uncovered for his
observation and replaced at the CONTRACTOR'S expense.
28.8
If the ENGINEER considers it necessary or advisable that covered WORK
be inspected or tested by others, the CONTRACTOR, at the ENGINEER'S
request, will uncover, expose or otherwise make available for observation,
inspection or testing as the ENGINEER may require, that portion of the
WORK in question, furnishing all necessary labor, materials, tools and
equipment. If it is found that such WORK is defective, the CONTRACTOR
will bear all the expenses of such uncovering, exposure, observation,
inspection and testing and of satisfactory reconstruction. If, however,
such WORK is not found to be defective, the CONTRACTOR will be
allowed an increase in the CONTRACT PRICE or an extension of the
CONTRACT TIME, or both, directly attributable to such uncovering,
exposure, observation, inspection, testing and reconstruction and an
appropriate CHANGE ORDER shall be issued.
CORRECTION OF WORK
29.1
The CONTRACTOR shall promptly remove from the premises all WORK
rejected by the ENGINEER for failure to comply with the CONTRACT
DOCUMENTS, whether incorporated in the construction or not, and the
CONTRACTOR shall promptly replace and re-execute the WORK in
accordance with the CONTRACT DOCUMENTS and without expense to
the OWNER and shall bear the expense of making good all WORK of
other CONTRACTORS destroyed or damaged by such removal or
replacement.
29.2
All removal and replacement WORK shall be done at the
CONTRACTOR'S expense. If the CONTRACTOR does not take action to
remove such rejected WORK within ten (10) days after receipt of
WRITTEN NOTICE, the OWNER may remove such WORK and store the
materials at the expense of the CONTRACTOR.
CHANGES IN THE WORK
SECTION 00700 – GENERAL CONDITIONS
PAGE 22 OF 32
KOOTENAI TRIBE
31.
30.1
The OWNER may at any time, as the need arises, order changes within
the scope of the WORK without invalidating the Agreement. If such
changes increase or decrease the amount due under the CONTRACT
DOCUMENTS, or in the time required for performance of the WORK, an
equitable adjustment shall be authorized by CHANGE ORDER.
30.2
The ENGINEER, also, may at any time, by issuing a FIELD ORDER,
make changes in the details of the WORK. The CONTRACTOR shall
proceed with the performance of any changes in the WORK so ordered by
the ENGINEER unless the CONTRACTOR believes that such FIELD
ORDER entitles him to a change in CONTRACT PRICE or TIME, or both,
in which event he shall give the ENGINEER WRITTEN NOTICE thereof
within seven (7) days after the receipt of the ordered change. Thereafter
the CONTRACTOR shall document the basis for the change in
CONTRACT PRICE or TIME within thirty (30) days. The CONTRACTOR
shall not execute such. changes pending the receipt of an executed
CHANGE ORDER or further instruction from the OWNER.
CHANGES IN CONTRACT PRICE
31.1
32.
WATER MAIN LOOP CONSTRUCTION
The CONTRACT PRICE may be changed only by a CHANGE ORDER.
The value of any WORK covered by a CHANGE ORDER or of any claim
for increase or decrease in the CONTRACT PRICE shall be determined
by one or more of the following methods in the order of precedence listed
below:
a.
Unit prices previously approved.
b.
An agreed lump sum
c.
The actual cost for labor, direct overhead, materials, supplies,
equipment, and other services necessary to complete the work. In addition
there shall be added an amount to be agreed upon but not to exceed
fifteen (15) percent of the actual cost of the WORK to cover the cost of
general overhead and profit.
DIFFERING SITE CONDITIONS
32.1
The CONTRACTOR shall promptly, and before such conditions are
disturbed, except in the event of an emergency, notify the OWNER by
WRITTEN NOTICE of:
32.1.1
Subsurface or latent physical conditions at the site differing
materially from those indicated in the CONTRACT
DOCUMENTS; or
SECTION 00700 – GENERAL CONDITIONS
PAGE 23 OF 32
KOOTENAI TRIBE
32.1.2
32.2
33.
34.
WATER MAIN LOOP CONSTRUCTION
Unknown physical conditions at the site, of an unusual
nature, differing materially from those ordinarily encountered
and generally recognized as inherent in WORK of the
character provided for in the CONTRACT DOCUMENTS.
The OWNER shall promptly investigate the conditions, and if he finds that
such conditions do so materially differ and cause an increase or decrease
in the cost of, or in the time required for, performance of the WORK, an
equitable adjustment shall be made and the CONTRACT DOCUMENTS
shall be modified by a CHANGE ORDER. Any claim of the
CONTRACTOR for adjustment hereunder shall not be allowed unless he
has given the required WRITTEN NOTICE; provided that the OWNER
may, if he determines the facts so justify, consider and adjust any such
claims asserted before the date of final payment.
USE AND POSSESSION PRIOR TO COMPLETION
33.1
The OWNER shall have the right to take possession of or use any
completed or partially completed part of the work. Before taking
possession of or using any work, the OWNER shall furnish the Contractor
a list of items of work remaining to be performed or corrected on those
portions of the work that the OWNER intends to take possession of or use.
However, failure of the OWNER to list any item of work shall not relieve
the Contractor of responsibility for complying with the terms of the
contract. The OWNER'S possession or use shall not be deemed an
acceptance of any work under the contract
33.2
While the OWNER has such possession or use, the Contractor shall be
relieved of the responsibility for the loss of or damage to the work resulting
directly from the OWNER'S possession or use. If prior possession or use
by the OWNER delays the progress of the work or causes additional
expense to the Contractor, an adjustment shall be made in the contract
price, the time of completion or both, and the contract shall be modified in
writing accordingly.
CLEANUP AND FINISH GRADING
34.1
The CONTRACTOR shall restore all areas disturbed by construction to a
condition at least equal to that existing prior to construction. Excess
construction materials, equipment, tools, waste excavation, and rubbish
shall be removed. Excavated areas shall be finish graded to provide
drainage as required by the drawings and specifications, or in the absence
of specific requirements, to provide drainage away from the facilities
constructed and to restore original drainage patterns in existence prior to
SECTION 00700 – GENERAL CONDITIONS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
construction and to provide drainage away from excavated areas and
installed facilities.
35.
MEASUREMENT AND PAYMENT
35.1
36.
VARIATION IN ESTIMATED QUANTITIES
36.1
37.
Completed items of work shall be measured and paid for in accordance
with the requirements listed in the Bid Schedule. Payment shall be based
on the actual quantities completed and shall represent full compensation
under the contract. The price paid for the completed item of work shall
include full compensation for furnishing all labor, materials, (other than
that furnished by the OWNER), tools, equipment, and performing all work
required by the provisions of the contract to furnish and install the item of
work, complete in place. In all cases, the finished product shall be a
complete, operational system or component. The price for the completed
item of work shall also include all applicable state and local sales and
other taxes.
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 25
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 125 percent or below 75 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 OWNER
within 10 days from the beginning of the delay, or within such further
period as may be granted by the OWNER before the date of final
settlement of the CONTRACT. Upon the receipt of a written request for an
extension, the OWNER shall ascertain the facts and make any appropriate
adjustment for extending the completion date.
PAYMENTS TO CONTRACTOR
37.1
The CONTRACTOR will submit to the ENGINEER a partial payment
estimate filled out and signed by the CONTRACTOR covering the WORK
performed during the period covered by the partial payment estimate and
supported by such data as the ENGINEER may reasonably require. The
request for payment may also include an allowance for the cost of such
major materials and equipment which are suitably stored either at or near
the site. If payment is requested on the basis of materials and equipment
not incorporated in the WORK but delivered and suitably stored at or near
SECTION 00700 – GENERAL CONDITIONS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
the site, the partial payment estimate shall also be accompanied by such
supporting data, satisfactory to the OWNER, as will establish the
OWNER'S title to the material and equipment and protect his interest
therein, including applicable insurance. The ENGINEER will, within ten
(10) days after receipt of each partial payment estimate, either indicate in
writing his approval of payment and present the partial payment estimate
to the OWNER, or return the partial payment estimate to the
CONTRACTOR indicating in writing his reasons for refusing to approve
payment. In the latter case, the CONTRACTOR may make the necessary
corrections and resubmit the partial payment estimate. The OWNER will,
within twenty (20) days of presentation to him of an approved partial
payment estimate, pay the CONTRACTOR a progress payment on the
basis of the approved partial payment estimate. The OWNER shall retain
ten (10) percent of the amount of each payment until final completion and
acceptance of all work covered by the CONTRACT DOCUMENTS. The
OWNER at any time, however, after fifty (50) percent of the WORK has
been completed, if he finds that satisfactory progress is being made, shall
reduce retainage to five (5%) percent on the current and remaining
estimates. When the WORK is substantially complete (operational or
beneficial occupancy), the retained amount may be further reduced below
five (5) percent to only that amount necessary to assure completion. On
completion and acceptance of a part of the WORK on which the price is
stated separately in the CONTRACT DOCUMENTS, payment may be
made in full, including retained percentages less authorized deductions.
37.2
Upon completion and acceptance of the WORK, the ENGINEER shall
issue a certificate attached to the final payment request that the WORK
has been accepted by him under the conditions of the CONTRACT
DOCUMENTS. The entire balance found to be due the CONTRACTOR
including the retained percentages, but except such sums as may be
lawfully retained by the OWNER, shall be paid to the CONTRACTOR
within thirty (30) days of completion and acceptance of the WORK
37.3
The CONTRACTOR will indemnify and save the OWNER or the
OWNER'S agents harmless from all claims growing out of the lawful
demands of SUBCONTRACTORS, laborers, workmen, mechanics,
material men, and furnishers of machinery and parts thereof, equipment,
tools, and all supplies, incurred in the furtherance of the performance of
the WORK. The CONTRACTOR shall at the OWNER'S request, furnish
satisfactory evidence that all obligations of the nature designated above
have been paid, discharged, or waived. If the CONTRACTOR fails to do
so the OWNER may, after having notified the CONTRACTOR, either pay
unpaid bills or withhold from the CONTRACTOR'S unpaid compensation a
sum of money deemed reasonably sufficient to pay any and all such lawful
SECTION 00700 – GENERAL CONDITIONS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
claims until satisfactory evidence is furnished that all liabilities have been
fully discharged whereupon payment to the CONTRACTOR shall be
resumed, in accordance with the terms of the CONTRACT DOCUMENTS,
but in no event shall the provisions of this sentence be construed to
impose any obligations upon the OWNER to either the CONTRACTOR,
his Surety, or any third party. In paying any unpaid bills of the
CONTRACTOR, any payment so made by the OWNER shall be
considered as a payment made under the CONTRACT DOCUMENTS by
the OWNER to the CONTRACTOR and the OWNER shall not be liable to
the CONTRACTOR for any such payments made in good faith.
37.4
38.
ASSIGNMENTS
38.1
39.
Neither the CONTRACTOR nor the OWNER shall sell, transfer, assign or
otherwise dispose of the CONTRACT or any portion thereof, or of his
right, title or interest therein, or his obligations thereunder, without written
consent of the other party.
GUARANTY
39.1
40.
If the OWNER fails to make payment thirty (30) days after approval by the
ENGINEER, in addition to other remedies available to the
CONTRACTOR, there shall be added to each such payment interest at
the maximum legal rate commencing on the first day after said payment is
due and continuing until the payment is received by the CONTRACTOR.
The CONTRACTOR shall guarantee all materials and equipment
furnished and WORK performed for a period of one (1) year from the date
of SUBSTANTIAL COMPLETION of the system that the completed
system is free from all defects due to faulty materials or workmanship and
the CONTRACTOR shall promptly make such corrections as may be
necessary by reason of such defects including the repairs of any damage
to other parts of the systems resulting from such defects. The OWNER will
give notice of observed defects with reasonable promptness. In the event
that the CONTRACTOR should fail to make such repairs, adjustments, or
other WORK that may be made necessary by such defects, the OWNER
may do so and charge the CONTRACTOR the cost thereby incurred. The
performance BOND shall remain in full force and effect through the
guarantee period.
ACCEPTANCE OF FINAL PAYMENT AS RELEASE
SECTION 00700 – GENERAL CONDITIONS
PAGE 27 OF 32
KOOTENAI TRIBE
40.1
41.
42.
WATER MAIN LOOP CONSTRUCTION
The acceptance by the CONTRACTOR of final payment shall be and shall
operate as a release to the OWNER of all claims and all liability to the
CONTRACTOR other than claims in stated amounts as may be
specifically excepted by the CONTRACTOR for all things done or
furnished in connection with this WORK and for every act and neglect of
the OWNER and others relating to or arising out of this WORK. Any
payment, however, final or otherwise, shall not release the
CONTRACTOR or his sureties from any obligations under the
CONTRACT DOCUMENTS or the performance BOND and Payment
BONDS.
ENGINEER'S ROLE AND AUTHORITY
41.1
The ENGINEER shall act as the OWNER'S representative during the
construction period. He shall decide questions which may arise as to
quality and acceptability of materials furnished and WORK performed. He
shall interpret the intent of the CONTRACT DOCUMENTS in a fair and
unbiased manner. The ENGINEER will make visits to the site and
determine if the WORK is proceeding in accordance with the CONTRACT
DOCUMENTS.
41.2
The CONTRACTOR will be held strictly to the intent of the CONTRACT
DOCUMENTS in regard to the quality of materials, workmanship and
execution of the WORK. Inspections may be made at the factory or
fabrication plant of the source of material supply.
41.3
The ENGINEER will not be responsible for the construction means,
controls, techniques, sequences, procedures, or construction safety.
41.4
The ENGINEER does not have authority to obligate the OWNER to
changes in the terms of the CONTRACT without the approval of the
OWNER.
RESOLUTION OF DISPUTES
42.1 All claims, disputes and other matters in question arising out of, or relating
to, the CONTRACT DOCUMENTS or the breach thereof, except for claims which
have been waived by the making and acceptance of final payment as provided
by Section 40, if not resolved, submit the dispute to the tribal court.
43.
EQUAL EMPLOYMENT OPPORTUNITY
43.1
During the performance of this contract, the CONTRACTOR agrees as
follows:
SECTION 00700 – GENERAL CONDITIONS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
43.1.1
The CONTRACTOR shall not discriminate against any
employee or applicant for employment because of race,
color, religion, sex, or national origin.
43.1.2
The CONTRACTOR shall take affirmative action to ensure
the applicants are employed, and that employees are treated
during employment, without regard to their race, color,
religion, sex, or national origin. Such action shall include, but
not be limited to, the following: employment, upgrading,
demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of
compensation, and selection for training, including
apprenticeship.
43.1.3
The CONTRACTOR agrees to post in conspicuous places
available to employees and applicants for employment,
notices setting forth the provisions of this nondiscrimination
clause.
43.1.4
The CONTRACTOR shall, in all solicitations or
advertisements for employees placed by or on behalf of the
CONTRACTOR, state that all qualified applicants shall
receive consideration for employment without regard to race,
color, religion, sex, or national origin.
43.1.5
The CONTRACTOR shall send, to each labor union or
representative of workers with which he/she has a collective
bargaining agreement or other contract or understanding, a
notice advising the labor union or workers' representative of
the CONTRACTOR'S commitment under this clause, and
post copies of the notice in conspicuous places available to
employees and applicants for employment.
43.1.5
The CONTRACTOR shall comply with all provisions of
Executive Order No. 11246, as amended, and the rules,
regulations, and relevant orders of the Secretary of Labor.
43.1.6
The CONTRACTOR shall furnish to the OWNER, all
information required by Executive Order No. 11246, as
amended, and by the rules, regulations, and orders of the
Secretary of Labor. Standard Form 100 (EEO -1), or any
successor form, is the prescribed form to be filed within 30
days following the award, unless filed within 12 months
SECTION 00700 – GENERAL CONDITIONS
PAGE 29 OF 32
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
preceding, the date of award.
44.
43.1.7
The CONTRACTOR shall permit access to its books,
records, and accounts by the OWNER or the Office of
Federal Contract Programs (OFCCP) for the purposes of
investigation to ascertain compliance with the applicable
rules, regulations, and orders.
43.1.8
If the OFCCP determines that the CONTRACTOR is not in
compliance with this clause or any rules, regulations, and
orders of the Secretary of Labor, this contract may be
cancelled, terminated, or suspended in whole or in part and
the CONTRACTOR may be declared ineligible for further
Government contracts in accordance with procedures
authorized in Executive Order No. 11246, as amended. In
addition, sanctions may be imposed and remedies invoked
against the CONTRACTOR as provided in Executive
Order No. 11246, as amended, the rules, regulations, or
orders of
the Secretary of Labor, or as otherwise
provided by law.
43.1.9
The CONTRACTOR shall include the terms and conditions
of this clause in every SUBCONTRACT or purchase order
unless exempted by the rules, regulations, or orders of the
Secretary of Labor issued under Executive Order No. 12246,
as amended, so that such provisions will be binding upon
each SUBCONTRACTOR or vendor.
43.1.10
The CONTRACTOR shall take such action with respect to
any SUBCONTRACT or purchase order as the OWNER may
direct as a means of enforcing these terms and conditions,
including sanctions for noncompliance; provided that if the
CONTRACTOR becomes involved in, or is threatened with
litigation with a SUBCONTRACTOR or vendor as a result of
such direction by the OWNER, the CONTRACTOR may
request the OWNER and the United States to enter into such
litigation to protect the interests of the United States.
43.1.11
Notwithstanding any other clause in this contract, disputes
relative to this clause will be governed by the procedures in
41 CFR 60-1.1.
CLEAN AIR AND WATER
SECTION 00700 – GENERAL CONDITIONS
PAGE 30 OF 32
KOOTENAI TRIBE
44.1
45.
WATER MAIN LOOP CONSTRUCTION
The CONTRACTOR agrees:
44.1.1
To comply with all the requirements of section 114 of the
Clean Air Act (42 U.S.C. 7414) and section 308 of the Clean
Water Act (33 U.S.C. 1318) relating to inspection,
monitoring, entry, reports, and information, as well as other
requirements specified in section 114 and section 308 of the
Clean Air Act and the Clean Water Act, and all regulations
and guidelines issued to implement those acts before the
award of this contract
44.1.2
That no portion of the WORK required by this prime contract
will be performed in a facility listed on the Environmental
Protection Agency List of Violating Facilities on the date
when this contract was awarded unless and until the EPA
eliminates the name of the facility from the listing.
44.1.3
To use best efforts to comply with clean air standards and
clean water standards at the facility in which the contract is
being performed.
44.1.4
To insert the substance of this clause into any nonexempt
SUBCONTRACT, including this subparagraph 44.1.4.
INDIAN HEALTH SERVICE
45.1
There shall be no contractual relationship either implied or express
between the IHS and the CONTRACTOR or any SUBCONTRACTOR at
any tier.
45.2
IHS representatives shall be afforded access to the site at all times during
the construction period to observe the work and determine if the work
conforms to the intent of the design.
45.3
IHS representatives shall not be responsible for the construction means,
controls, techniques, sequences, procedures, or construction safety.
45.4
IHS representatives do not have authority to obligate the OWNER to
changes in the terms of the CONTRACT nor to act as an agent of the
OWNER in any manner. Inspections conducted by IHS representatives
shall be for the sole benefit of the IHS and the OWNER and shall not
relieve the CONTRACTOR of any contract requirements.
SECTION 00700 – GENERAL CONDITIONS
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KOOTENAI TRIBE
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SECTION 00700 – GENERAL CONDITIONS
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SECTION 00705
SPECIAL PROVISIONS
SP-01
SITE CONDITIONS
Work is to be performed on the Kootenai Indian Reservation Bonners Ferry, Idaho and
is accessible from U.S. Route 95 and Kootenai Trail Rd. Special site conditions to be
noted by the CONTRACTOR are as follows:
1)
SP-02
The CONTRACTOR is responsible to verify the location of all utilities,
including those not located or shown on the drawings.
DAYS OF WORK AND WORK HOURS
Construction work shall not be normally permitted on Saturdays, Sundays, Federal, or
Tribal holidays. Contractor shall request dates of Tribal holidays from the Tribe. The
CONTRACTOR may submit a written request to the Owner at least 48 hours in
advance, for permission to work on any Saturday, Sunday, or Federal holiday. Written
approval must be obtained before the CONTRACTOR may work on any such day.
Work shall be performed between the hours of 7:00 AM and 5:00 PM.
SP-03
TIME FOR COMPLETION
In accordance with the NOTICE TO PROCEED, the TIME FOR COMPLETION (as
described in GC 24.1) shall be 120 calendar days for all work.
SP-04
LIQUIDATED DAMAGES
If the CONTRACTOR shall fail to complete the WORK within the TIME FOR
COMPLETION, or extension of time granted by the OWNER, then the CONTRACTOR
will pay to the OWNER $100.00 for each calendar day that the work shall be incomplete
after the date established by the TIME FOR COMPLETION
SP-05
LICENSING
The General Contractor performing work shall be registered in the State of Idaho for the
type of construction and magnitude of construction being performed.
SECTION 00705 – SPECIAL PROVISIONS
PAGE 1 OF 4
KOOTENAI TRIBE
SP-06
WATER MAIN LOOP CONSTRUCTION
INSURANCE
CONTRACTOR'S insurance policy shall name the Kootenai Tribe as co-insured. A
certificate of insurance naming the Kootenai Tribe shall be submitted to the Kootenai
Tribe prior to NOTICE TO PROCEED.
CONTRACTOR shall carry General Public Liability and Property Damage Insurance
including vehicle coverage issued to the CONTRACTOR and protecting him from all
claims for personal injury, including death, and all claims for destruction of or damage to
any property, arising out of or in connection with any operations under the CONTRACT
DOCUMENTS, whether such operations be by himself or by any SUBCONTRACTOR
under him, or anyone directly or indirectly employed by the CONTRACTOR or by a
SUBCONTRACTOR under him. Insurance shall be written with a limit of liability of not
less than $1,000,000 for all damages arising out of bodily injury, including death, at any
time resulting therefrom, sustained by any one person in any one accident; and a limit of
liability of not less than $2,000,000 aggregate for any such damages sustained by two
or more persons in any one accident. Insurance shall be written with a limit of liability of
not less than $200,000 for all property damage sustained by any one person in any one
accident; and a limit of liability of not less than $500,000 aggregate for any such
damage sustained by two or more persons in any one accident.
SP-07
RESOLUTION OF DISPUTES
Any dispute or claim relating to this Contract or any breach hereof that cannot be
negotiated between the parties shall be submitted to the office for third party mediation.
If not resolved the dispute shall be heard in Kootenai Tribal Court. The CONTRACTOR
will carry on the WORK and maintain the progress schedule during any proceedings,
unless otherwise mutually agreed in writing. This shall supersede the conditions of
GENERAL CONDITION 42 - RESOLUTION OF DISPUTES.
SP-08
RIGHT TO AWARD ALL, NONE, OR A COMBINATION OF LINE ITEMS
The OWNER reserves the right to award all, none, or a combination of the line items on
the BID OFFER SHEET.
SP-09
ORDER OF PRECEDENCE
In the event of an inconsistency between provisions of this contract, the inconsistency
shall be resolved by giving precedence in the following order:
1) Bid Schedule (Schedule A & B) and Terms and Conditions of Contract.
2) Written bid instructions.
SECTION 00705 – SPECIAL PROVISIONS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
3) Special Provisions
4) General Conditions
5) Exhibits and other provisions of the contract, where incorporated by reference
or otherwise
6) Technical Provisions
7) Drawings
SP-10
INDIAN OWNED PREFERENCE
Preference in the award of this CONTRACT shall be given to Indian and Alaskan Native
organizations and economic enterprises. The OWNER shall give preference to a 51
percent Indian owned Economic Enterprise so long as the BID by this Enterprise does
not exceed the lowest responsive bid submitted by more than ten (10) percent and is
within the project budget. "Indian owned Economic Enterprise" means any Indian
owned commercial, industrial, or business activity established or organized for the
purpose of profit, provided that such Indian ownership shall constitute not less than 51
percent of the enterprise, and that ownership shall encompass active operation and
control of the enterprise. All preferences shall be publicly announced at the bid
opening. Any BIDDER claiming Indian preference shall complete and submit with the
BID the attached form entitled “Indian Enterprise Qualification Statement” to support
their claim. The BIDDER also agrees to give preference to Indian-owned economic
enterprises in the awarding of any subcontracts, and the acquisition of materials, to the
extent feasible and consistent with the efficient performance of this CONTRACT.
Feasibility regards reasonable terms and conditions, including price, and the timely
delivery of services and supplies.
SP-11
ADVERSE WEATHER
If in the opinion of the Contractor, adverse weather conditions prevent construction
activities to proceed under this contract, the contractor may submit a written request to
the Contracting Officer to suspend the contract performance period and construction
activities until fairer seasonal weather returns. The Contracting Officer shall consider
the request and if in agreement, issue a modification to the contract to suspend work
due to adverse weather conditions and establish a date to resume work. The contract
performance period shall remain unchanged by the modification and there will be no
additional payment made. If the Contracting Officer disapproves the contractor's
request, the contractor will be notified in writing. If the request is disapproved, the
contractor shall proceed with work under the contract and no additional payment will be
made.
SECTION 00705 – SPECIAL PROVISIONS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
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SECTION 00705 – SPECIAL PROVISIONS
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SECTION 00810
LABOR PROVISIONS
l.
DAVIS-BACON ACT
(a)
All laborers and mechanics employed or working upon the site of the WORK will
be paid unconditionally and not less often than once a week, and without
subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR Part 3), the full amount of wages and bona
fide fringe benefits (or cash equivalents thereof) due at time of payment
computed at rates not less than those contained in the wage determination of
the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist
between the CONTRACTOR and such laborers and mechanics. Contributions
made or costs reasonably anticipated for bona fide fringe benefits under section
l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the provisions
or paragraph (d) of this clause also, regular contributions made or costs
incurred for more than a weekly period (but not less than quarterly) under plans,
funds, or programs which cover the particular weekly period, are deemed to be
constructively made or incurred during such period. Such laborers and
mechanics shall be paid not less than the appropriate wage rate and fringe
benefits in the wage determination for classification of work actually performed
without regard to skill, except as provided in the clause entitled "Apprentices"
and "Trainees." Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification
for the time actually worked therein: Provided, that the employer's payroll
records accurately set forth the time spent in each classification in which work is
performed. The wage determination (including any additional classification and
wage rates conformed under paragraph (b) of this clause) and the Davis-Bacon
poster (WH-l32l) shall be posted at all times by the CONTRACTOR and its
subcontractors at the site of the WORK in a prominent and accessible place
where it can be easily seen by the workers.
(b)
(1) The OWNER shall require that any class of laborers or mechanics which is
not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The
OWNER shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
(i)
The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(ii)
The Classification is utilized in the area by the construction
industry; and
(iii)
The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in the
wage determination.
(2) If the CONTRACTOR and the laborers and mechanics to be employed in
SECTION 00810 – LABOR PROVISIONS
PAGE 1 OF 8
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
the classification (if known), or their representatives, and the OWNER agree on
the classification and wage rate (including the amount designated for fringe
benefits where appropriate), a report of the action taken shall be sent by the
OWNER to the Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor, Washington, D.C. 202l0.
The Administrator or an approved authorized representative, will approve,
modify, or disapprove every additional classification action within 30 days of
receipt and so advise the OWNER or will notify the OWNER within a 30-day
period of that additional time is necessary.
(3) In the event the CONTRACTOR, the laborers or mechanics to be employed
in the classification or their representatives, and the OWNER do not agree on
the proposed classification and wage rate (including the amount designated for
fringe benefits, where appropriate), the OWNER shall refer the questions,
including the views of all interested parties and the recommendation of the
OWNER, to the Administrator of the Wage and Hour Division for determination.
The Administrator or an authorized representative, will issue a determination
within 30 days of receipt and so advise the OWNER or will notify the OWNER
within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits where appropriate) determined
pursuant to subparagraphs (b)(2) or (b)(3) of this clause, shall be paid to all
workers performing work in the classification under this contract from the first
day on which work is performed in the classification.
(c)
Whenever the minimum wage rate prescribed in the contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an
hourly rate, the CONTRACTOR shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe benefit or an hourly
cash equivalent thereof.
(d)
If the CONTRACTOR does not make payments to a trustee or other third
person, the CONTRACTOR may consider as part of the wages of any laborer
or mechanic the amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program. Provided, that the Secretary of
Labor has found, upon the written request of the CONTRACTOR, that
applicable standards of the Davis-Bacon Act have been met. The Secretary of
Labor may require the CONTRACTOR to set aside in a separate account
assets for the meeting of obligations under the plan or program.
2.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME
COMPENSATION
(a)
Overtime requirements: No contractor or subcontractor contracting for any part
of the contract work which may require or involve the employment of laborers or
mechanics (See Federal Acquisition Regulation 22.300) shall require or permit
any such laborer or mechanic in any workweek in which individual is employed
on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and
one-half times the basic rate of pay for all hours worked in excess of forty hours
in such workweek.
(b)
Violation, liability for unpaid wages, liquidated damages: In the event of any
SECTION 00810 – LABOR PROVISIONS
PAGE 2 OF 8
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
violation of the provisions set forth in paragraph (a) of this clause, the
CONTRACTOR and any subcontractor responsible therefore shall be liable for
the unpaid wages. In addition, such contractor and subcontractor shall be liable
to the United States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, employed in violation of the provisions set forth
in paragraph (a) of this clause, in the sum of $l0 for each calendar day for which
such individual was required or permitted to work in excess of the standard
workweek of 40 hours without payment of the overtime wages required by the
provisions set forth in paragraph (a) of this clause.
(c)
Withholding for unpaid wages and liquidated damages: The Contracting officer
shall upon his or her own action or written request of an authorized
representative of the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by the CONTRACTOR
or subcontractor under any such contract or any other Contract with the same
Prime Contractor, or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same
Prime contractor, such sums as may be determined to be necessary to satisfy
any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the provisions set forth in paragraph (b) of
this clause.
(d)
Payrolls and basic records:
(1) The CONTRACTOR or subcontractor shall maintain payrolls and basic
payroll records during the course of contract work and shall preserve them for a
period of 3 years from the completion of the contract for all laborers and
mechanics working on the contract. Such records shall contain the name and
address of each such employee, social security number, correct classifications,
hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Nothing in this paragraph shall
require the duplication of records required to be maintained for construction
work by Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the
Davis-Bacon Act.
(2) The records to be maintained under paragraph (d)(1) of this clause shall be
made available by the CONTRACTOR or subcontractor for inspection, copying,
or transcription by authorized representatives of the OWNER or the Department
of Labor. The CONTRACTOR or subcontractor shall permit such
representatives to interview employees during working hours on the job.
(e)
Subcontracts: The CONTRACTOR or subcontractor shall insert in any
subcontracts the provisions set forth in paragraphs (a) through (d) of this clause
and also a clause requiring the subcontractors to include these provisions any
lower tier subcontracts. The Prime CONTRACTOR shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the provisions
set forth in paragraphs (a) through (d) of this clause.
3.
APPRENTICES AND TRAINEES
SECTION 00810 – LABOR PROVISIONS
PAGE 3 OF 8
KOOTENAI TRIBE
(a)
WATER MAIN LOOP CONSTRUCTION
Apprentices: Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed
pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in
his or her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the Program but
who has been certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to
journeyman on the job site in any craft classification shall not be greater than
the ratio permitted to the CONTRACTOR as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated in this paragraph shall be
paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing
work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of
the journeyman's hourly rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice must be paid at not
less than the rate specified in the registered program for the apprentice’s level
of progress, expressed as percentage of the journeyman hourly rate specified in
the applicable wage determination. Apprentices shall be paid fringes in
accordance with the provisions of the apprenticeship program.
If the apprenticeship program does not specify fringe benefits, apprentices must
be paid the full amount of fringe benefits listed on the wage determination for
the applicable classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification, fringe benefits shall
be paid in accordance with that determination.
In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the CONTRACTOR will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(b)
Trainees: Except as provided in 29 CFR 5.l6, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater than permitted under
the plan approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved program
for the trainee's level of progress, expressed as a percentage of the journeyman
hourly rate specified in the applicable wage determination. Trainees shall be
SECTION 00810 – LABOR PROVISIONS
PAGE 4 OF 8
KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
paid fringe benefits in accordance with the provisions of the trainee program. If
the trainee program does not mention fringe benefits, trainees shall be paid the
full amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage
rate on the wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually
performed. In the event the Employee and Training Administration withdraws
approval of a training program, the CONTRACTOR will not longer be permitted
to utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(c)
Equal Employment Opportunity: The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order ll246, as amended, and 29 CFR
Part 30.
4.
PAYROLLS AND BASIC RECORDS
(a)
Payrolls and basic records relating thereto shall be maintained by the
CONTRACTOR during the course of the work and preserved for a period of
three years thereafter for all laborers and mechanics working at the site of the
WORK. Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates or
wages paid (including rates of contributions or costs anticipated for bona fide
fringe benefits or cash equivalents thereof of the types described in section
l(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked,
deduction made and actual wages paid. Whenever the Secretary of Labor has
found under paragraph (d) of the clause entitled "Davis-Bacon Act" that the
wages of any Laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in section
l(b)(2)(B) of the Davis-Bacon Act, the CONTRACTOR shall maintain records
which show that the commitment to provide such benefits is enforceable, that
the plan or program is financially responsible, and the plan or program has
been communicated in writing to the laborers or mechanics affected, and
records which show the costs anticipated or the actual costs incurred in
providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee programs, the registration
of the apprentices and trainees, and the ratios and wage rates prescribed in the
applicable programs.
(b)
(1) The CONTRACTOR shall submit weekly for each week in which any
contract work is performed a copy of all payrolls to the OWNER. The payrolls
submitted shall set out accurately and completely all of the information required
SECTION 00810 – LABOR PROVISIONS
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KOOTENAI TRIBE
WATER MAIN LOOP CONSTRUCTION
to be maintained under paragraph (a) of this clause. The information may be
submitted in any form desired. Optional Form WH-347 Federal stock number
029-005-00014-1 is available for this purpose and may be purchased from the
Superintendent of Documents, U.S. Government Printing Office, Washington,
D.C. 20402. The Prime Contractor is responsible for the submission of copies
of payrolls by all subcontractors.
(2) Each payroll submitted shall be accompanied by a "Statement of
Compliance" signed by the CONTRACTOR or subcontractor or his or her agent
who pays or supervises the payment of the persons employed under the
contract and shall certify the following:
(i)
That the payroll for the payroll period contains the information
required to be maintained under paragraph (a) of this clause
entitled "Payrolls and Basic Records" and that such information is
correct and complete.
(ii)
That each laborer or mechanic (including each helper, apprentice,
and trainee) employed on the contract during the payroll period has
been paid the full weekly wages earned, without rebate, either
directly or indirectly and that no deductions have been made either
directly or indirectly from the full wages earned, other than
permissible deduction as set forth in Regulations, 29 CFR Part 3
and
(iii)
That each laborer or mechanic has been paid not less that the
applicable wage rates and fringe benefits or cash equivalents for
the classification of work performed, as specified in the applicable
wage determination incorporated into the contract.
(3) The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for
submission of the "Statement of Compliance" required by subparagraph (b)(2)
of this clause.
(4) The falsification of any of the certifications may subject the CONTRACTOR
or subcontractor to civil or criminal prosecution under Section 1001 of Title 18
and Section 18 and Section 231 of Title 31 of the United States Code.
(c)
The CONTRACTOR or subcontractor shall make the records required under
paragraph (a) of this clause available for inspection, copying, or transcription by
authorized OWNER or representatives of the OWNER or the Department of
Labor. The CONTRACTOR or subcontractor shall permit the OWNER or
representatives of the OWNER or the Department of Labor to interview
employees during working hours on the job. If the CONTRACTOR or
subcontractor fails to submit the required records or to make them available, the
OWNER may, after written notice to the CONTRACTOR, sponsor take such
action as may be necessary to cause the suspension of any further payment.
Furthermore, failure to submit the required records upon request or to make
such records available may be grounds for debarment action pursuant to 29
CFR 5.12.
SECTION 00810 – LABOR PROVISIONS
PAGE 6 OF 8
KOOTENAI TRIBE
5.
WATER MAIN LOOP CONSTRUCTION
COMPLIANCE WITH COPELAND ACT REQUIREMENTS
The CONTRACTOR shall comply with the requirements of 29 CFR Part 3,
which are incorporated by reference in this contract.
6.
WITHHOLDING OF FUNDS
The OWNER shall upon his or her own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be
withheld from the CONTRACTOR under this contract or any other Federal
contract with the same Prime C
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