INDEX []€¦ · Web viewFP-03 Item No. Item Desc Quantity Unit (English) Unit Unit Price Total Amount 15101-0000 Mobilization all req'd lump sum 15201-0000 Construction survey

Bid and Contract RequirementsP1009000 Administration Campus Street Construction and Reconstruction

Grade, Drain and PaveIRR Route# 8625, 15

PageAdvertisement as Published 2Bid Submittal Checklist 3Contractors Qualifications Statement AIA Form A-305 4-10Indian Preference Requirements 11Indian Preference Form 12-13Council Resolution No. 03-A-84 14-16Bid Form 17-20Unit Prices Work Sheet 21-22Instruction to Bidders 23-33Special Contract Requirements 34-41Non-Collusive Affidavit 41Construction Contract 42-43Bid Bond 44-46Performance and Payment Bond 47Notice of Award 48-49

Standard General Conditions of the Construction Contract (separate PDF File) 1-62

Advertisement for Bids for Port Gamble S’Klallam TribeP1009000 Administration Campus Street Construction and Reconstruction


Sealed bids for construction of an Administration Campus Street will be received by the Port Gamble S'Klallam Tribe, Attention: Joe Sparr, Planning Director, 31912 Little Boston Road NE, Kingston, WA, 98346. The deadline for receiving sealed bids is Monday, September 13, 2010, 1:30 p.m. PDST, 2010, at said time the bids will be publicly opened and read aloud. The project includes construction of a road approximately one-quarter mile in length that traverses the Tribal administrative campus and will involve clearing, demolition, grading, road bed construction, asphalt paving of roads and parking areas, sidewalks, curbs, gutters, lighting, storm drainage system, striping and pavement markings. Preference in hiring applies to this Project.

The Engineer for this Project is Robert W. Macy, P.E., Bureau of Indian Affairs, Division of Transportation, 911 NE 11TH Avenue Portland, OR 97232-4169.

The Bidding Documents, including the engineered plans for the project, can be obtained from the Tribal website http://www.pgst.nsn.us/. Scroll down to the “news” tab and to the “publications” tab. The name of the project is Administration Campus Street project. If you have any trouble finding the Bidding Documents, please contact Joe Sparr at [email protected].

Bids will be opened at the Port Gamble S’Klallam Housing Authority Main Conference Room on Monday, September 13, 2010 and read aloud publicly.

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mailto:[email protected]

http://www.pgst.nsn.us/

Bid Submittal ChecklistP1009000 Administration Campus Street Construction and Reconstruction


At a minimum, bids must include the following:

1. Signed Bid Form, original signature, with all blank lines filled in2. Completed Unit Prices Form, with all blank lines filled in3. Bid Bond, Power of Attorney, per Instructions to Bidders4. Indian Preference Form (If an Indian Owned Firm)5. Contractor’s Qualification Statement

If hand-carried:

Bid forms must be contained inside of a sealed envelope; on outside of sealed envelope neatly print: “Bid for Administration Campus Street Construction and Reconstruction.” Also print “Do Not Open Until Appointed Date and Time.”

If mailed or sent by Courier:

If by Courier, include telephone number of Port Gamble S’Klallam Tribe (360) 297-6221. If sent by courier, Contractor is responsible to make certain that the bid envelope is dated and initialed by Port Gamble S’Klallam Tribe prior to deadline.

Mailed bid forms must be sealed inside of a second sealed envelope containing the wording above for hand-carried documents, addressed to the address below (exactly as shown below including the words “BID ENCLOSED”).

BID ENCLOSEDJoe Sparr, Planning DirectorPort Gamble S’Klallam Tribe31912 Little Boston Road. NEKingston, WA 98346

Normal office hours for the Tribe are 8:00 AM to 4:30 PM.

All bids must be received at the Port Gamble S’Klallam Tribe no later than the date and time stated in the Advertisement for Bids for this Project. Late bids will not be opened. Telegraphic, electronic, or faxed bids will not be accepted.

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Contractors Qualification StatementP1009000 Administration Campus Street Construction and Reconstruction


The Contractor must have five (5) years experience constructing roads similar in scope and complexity to the Administration Campus Street Project and a valid State of Washington Contractor’s license. To assist the Tribe in determining qualifications, the Contractor will fill out AIA Document A305 (separate PDF file) detailing the Contractor’s experience along with references from Owners or Owner’s Representatives on at least three projects of equal or greater complexity.

The Campus Street project will be awarded only to responsible prospective contractors who have the ability to perform successfully under the terms and conditions of the proposed contract. In determining the responsibility of a bidder, the Port Gamble S’Klallam Tribe will consider such matters as the bidder’s:

(1) Integrity;(2) Compliance with public policy;(3) Record of past performance; and(4) Financial and technical resources (including construction and technical equipment).

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Insert AIA Document A305 Contractor’s Qualification Statement (separate PDF) Pages 5-10

Insert AIA Document A305 Contractor’s Qualification Statement (separate PDF)

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Indian Preference RequirementsPort Gamble S’Klallam Tribe

P1009000 Administration Campus Street Construction and ReconstructionGrade, Drain and PaveIRR Route# 8625, 15

1. The Port Gamble S’Klallam Tribe’s “Tribal Construction Preference Policy” applies to this Project and is hereby incorporated into “Instructions to Bidders for Contracts” by reference.

2. The general Contractor selected for the project shall make best efforts at awarding subcontracts in compliance with the Port Gamble S’Klallam Tribe’s “Tribal Construction Preference Policy”.

4. Proof of Indian ownership shall be required for the Project.

5. The following Indian Preference Form must be completed and submitted along with the bid, if the firm is Indian-owned:

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Indian Preference FormP1009000 Administration Campus Street Construction and Reconstruction


1. Organizational Structure:

____________SOLE PROPRIETOR

PARTNERSHIP

CORPORATION

____________JOINT VENTURE

____________OTHER

2. Name of Owner/Owners:

3. Tribe of Owner Claiming Indian Preference:

Please attach official supporting documentation from the Tribe for each officer, partner, or individual claiming Indian Preference.

If your company is either a partnership or corporation, attach a written narrative to this form explaining the stock ownership, structure, management, control, financing, and salary or profit sharing arrangements of the enterprise. Attach copies of all shareholder agreements, including voting trust, employment contracts, agreements between owners and enterprise. Include information on salaries, fees, profit sharing, material purchases, and equipment lease or purchase agreements. Evidence relating to structure, management, control, and financing should be specifically included. Also, list the specific management responsibilities of each principal, sole proprietor, partner, or party to a joint venture.

4. Indian Ownership Interest: PARTIAL (List percentages of Ownership)

100% OWNERSHIP

C E R T I F I C A T I O N

I CERTIFY THAT ALL STATEMENTS MADE BY ME ON THIS INDIAN PREFERENCE FORM ARE TRUE, COMPLETE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I HEREBY GRANT PERMISSION TO THE PORT GAMBLE S’KLALLAM TRIBE TO CONFIRM BY PERSONAL INQUIRY OR OTHERWISE, THE INFORMATION I HAVE GIVEN. I UNDERSTAND THAT ANY WILLFUL MISREPRESENTATION OF FACTS GIVEN TO THIS PROCESS IS GROUNDS FOR REJECTION OF THIS QUALIFICATION FOR INDIAN PREFERENCE. I RELEASE ALL PERSONS CONNECTED WITH ANY REQUESTS FOR INFORMATION FROM

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ALL CLAIMS, LIABILITY, AND DAMAGES FOR WHATEVER REASON ARISING OUT OF FURNISHING THE INFORMATION.

I hereby acknowledge that I have read and understand the above statement.

Owner/Contractor’s SIGNATURE DATEIf applicant is Sole Proprietor

PARTNER’S SIGNATURE (IF APPLICABLE) DATEIf applicant(s) is/are in a Partnership or Joint Venture

IF APPLICANT IS A CORPORATIONAFFIX CORPORATE SEAL:

CORPORATE SEAL

BY: PRESIDENT’S SIGNATURE DATE

ATTESTED BY: CORPORATE SECRETARY DATE

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Insert Indian Preference Resolution 03-A-084 page 1

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BID FORM and UNIT PRICE WORKSHEET

PROJECT/CONTRACT P1009000 Administration Campus Street Construction and Reconstruction, Grade, Drain and Pave, IRR Route# 8625, 15

Port Gamble S’Klallam Tribe 31912 Little Boston Road NEKingston, WA 98346

THIS BID IS SUBMITTED TO: Port Gamble S'Klallam TribePlanning DepartmentAttn: Joe Sparr, Planning Director

THIS BID IS SUBMITTED BY (BIDDER): ________________________________________________________________________________________________________________________________________________________________________________________________________________________

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

In submitting this Bid, Bidder represents, as set forth in the Agreement, that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged.

Addendum No. Addendum Date

____________ _________________________ _________________________ _____________

B. Bidder has become familiar with the Site and is satisfied as to the general, local and Site conditions that may affect cost, progress and performance of the Work.

C. Bidder is familiar with and is satisfied as to all tribal, federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work.

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D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site, which have been included in the Bidding Documents and specifically the project/job specifications book.

E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto.

F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

K. Bidder is aware of the bonding and insurance requirements specified in the General Conditions.

Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of an undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

Bidder agrees to perform all work described in the Contract Documents for the price(s) set forth in the Bid Schedule.

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Bidder agrees that the Work will be substantially completed, and completed in accordance with the milestones and schedule set forth in the General Requirements.

Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement and/or the General Requirements.

The following documents are attached to and made a condition of this Bid:

(A) A completed and signed Bid Form.(B) A properly executed Bid Bond or certified check in the amount of 5 percent of the total

amount of the bid.

The following certifications and forms should also be completed by the prospective Bidder:

(A) A completed and signed Bidder’s Performance and Payment Bond Statement.

The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders and The General Conditions.

By submitting the Bid, the Contractor agrees to comply with Davis-Bacon wage requirements and rates.

SUBMITTED on ____________________________, 20___.

Employer’s Federal Tax ID No. ________________________________

If Bidder is Individual Partnership Corporation Joint Venture(Circle One)

Business Name (typed or printed): ______________________________(SEAL)

Name (typed or printed):__________________________ Title:__________________

By: _________________________________(Individual’s signature)

Doing business as: __________________________________

Business Address: __________________________________

Phone No.____________________________ FAX No. ____________________

Email Address: ______________________________________

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A Joint Venture requires the signature of all parties involved:_____________________________________________

_____________________________________________

_____________________________________________

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Unit Prices Worksheet –Attachment to Bid Form(Please fill in Unit Prices and Total)

P1009000 Administration Campus Street Construction and ReconstructionGrade, Drain and Pave,

IRR Route# 8625, 157/18/2008.5 Miles

FP-03 Item No. Item Desc Quantity

Unit (English) Unit Unit Price Total Amount

15101-0000 Mobilization all req'd lump sum15201-0000 Construction survey and staking all req'd lump sum15401-0000 Contractor Testing all req'd lump sum15703-1000 Soil erosion control, soil stabilization 3 acre

15705-1500Soil erosion control, sediment wattle, 8" dia. 600 lf

15705-0100 Soil erosion control, silt fence 1800 lf15706-1000 Soil erosion control, inlet protection 20 ea.20220-1000 Removal, individual trees 9 ea.20221-9999 Removal of landscaped areas 221 sq yd20301-0500 Removal of catch basin 3 ea.20301-2800 Removal of structures and obstructions 6 ea.20302-0900 Removal of fence, chain link 528 lf20302-2100 Removal of pipe culverts 190 lf20303-1600 Removal of pavement, asphalt & concrete 3332 sq yd20315-0000 Sawcutting pavement 625 lf20401-0000 Roadway excavation 4800 cu-yd25105-3000 Keyed riprap class 3 ( 3 to 6in dia) 45 ton30101-2000 Aggregate base grading D 3000 ton40401-0000 Minor hot asphalt concrete 1000 ton60201-0300 4-inch pipe culvert, PVC 37 lf60201-0400 8-inch pipe culvert, ductile iron 112 lf60201-0500 8-inch pipe culvert, PVC 202 lf60201-0600 12-inch pipe culvert, CPSSP 569 lf60201-0700 18-inch pipe culvert, CPSSP 884 lf60404-5000 Catch basin, grate inlet type 1 8 ea.60404-6000 Catch basin, type 1 6 ea.

60404-7000Catch basin, WSDOT type 2, 60-inch diameter 2 ea.

60901-1500 Curb, concrete, 16-inch depth 2900 lf60901-1600 Curb and gutter, concrete, WSDOT f-1 300 lf60905-1000 Gutter, concrete, 3-ft width 633 lf60915-3000 Wheel stop, recycled plastic 10 ea.61501-0100 Sidewalk, concrete, 4-inch depth 2300 sq yd

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61502-1000 Drive Pad, concrete, 6-inch depth 125 sq yd61503-6000 Median brick 20 sq yd61504-1000 Accessibility Ramp, Concrete 13 ea.61901-1300 Fence, chain link, 72-inch height 600 lf61902-3400 Gate, chain link, 14-ft width 2 ea.62005-0000 Concrete Masonry Units (208 lf of wall) 100 sq yd62401-0300 Furnishing and placing topsoil, 4-inch depth 300 sq yd62510-2000 Seeding, hydraulic method 1 acres

62516-3000Mulching, hydraulic method, bonded fiber matrix 1 acres

62601-0000 Native tree 38 ea.62601-0001 Street type tree, min. 2-inch caliper 29 ea.62601-0002 Native shrub 114 ea.62630-0400 Plantings, wetland plant, container grown 380 ea.62630-0401 Plantings, upland plant, container grown 380 ea.63301-0000 Sign system 14 ea.63401-0500 Pavement markings, type C, solid, white 990 lf63401-1500 Pavement markings, type H, solid, white 142 lf

63405-0450Pavement markings, type C, accessibility symbol 3 ea.

63501-0000 Temporary traffic control all req'd lump sum63602-2000 System installation, lighting, 10 units all req'd lump sum64703-3000 Mitigation, Log Weir 17 ea.

Total $___________

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INSTRUCTION TO BIDDERSP1009000 Administration Campus Street Construction and Reconstruction


ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof:

A. Bidder -The individual or entity who submits a Bid directly to Owner.

B. Issuing Office - The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents, including the engineered plans for the project, can be obtained from the Tribal website http://www.pgst.nsn.us/. Scroll down to the “news” tab and to the “publications” tab. The name of the project is Administration Campus Street project. If you have any trouble finding the Bidding Documents, please contact Joe Sparr at [email protected].

2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids for the Work and does not confer a license or grant for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work prior to award, within five days of Owner’s request, Bidder shall submit written evidence such as financial data, previous experience, present commitments and such other data as may be requested by the Owner.

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

4.01 Subsurface and Physical Conditions

A. The Bid Documents identify:

1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents.

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mailto:[email protected]

http://www.pgst.nsn.us/

2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon survey data furnished to Owner and Engineer by unrelated third parties.

4.03 Hazardous Environmental Condition

A. There are no known reports and drawings related to a Hazardous Environmental Conditions identified at the Site.

4.04 Provisions concerning responsibilities for adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraph 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions.

4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, test, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies, Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.06 It is the responsibility of each Bidder before submitting a Bid to:

A. Examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda;

B. Visit the Site and become familiar with and satisfy Bidder as to the general, local and Site conditions that may affect cost, progress, and performance of the Work;

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C. Become familiar with and satisfy Bidder as to all Laws and Regulations that may affect cost, progress, or performance of the Work; including the CTUIR Tribal Employment Rights Office (TERO) Code.

D. Carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Bid Documents as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any , at the Site which have been identified in the Bid Documents as provided in paragraph 4.06 of the General Conditions;

E. Obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;

F. Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;

G. Become aware of the general nature of the Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. Correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding documents;

I. Promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;

J. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work; and

K. Bidder is aware of the bonding and insurance requirements specified in Article 5 of the General Conditions.

4.07 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or

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expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, and ambiguities, and discrepancies that Bidder has discovered in Bidding documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – PRE-BID CONFERENCE

5.01 A Pre-Bid conference will be held on Monday August 23, 2010 at 1:30 p.m. at the Tribal Housing Authority Conference Room at 31912 Little Boston Road NE, Kingston, WA 98346. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

5.02 The Engineer is Robert W. Macy, P.E. Bureau of Indian Affairs, Division of Transportation Management Program Analyst. His address is BIA, The Federal Building, 911 NE 11th Avenue Portland, OR 97232. Telephone Ph. (503) 736-4481. Fax (503) 231-2351. Contact Person: Robert Macy Email: [email protected]

ARTICLE 6 – SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. Easement for permanent facilities, or permanent changes in existing facilities, are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Bidder.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding documents. Questions received less than ten days prior to the date for opening of bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

7.03 Written Addenda to the Contract Documents which, if issued, shall be mailed, and faxed when appropriate, to all prospective Bidders (at the respective addresses and fax numbers furnished for such purposes), not later than 24 hours prior to the date fixed for the opening of Bids. Failure of any Bidder to receive any such Addenda shall not relieve such Bidder from any obligation under the bid as submitted. All addenda so issued shall become part of the Contract Documents. It is the responsibility of all

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prospective Bidders to check with the Engineer prior to submitting its Bid to verify whether or not any Addenda have been issued for the project.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in the amount of 5% of Bidder’s maximum Bid price and in the form of a certified or bank check or a Bid Bond (on the form attached) issued by a surety meeting the requirements of paragraphs 5.01 and 5.02 of the General Conditions and acceptable for use in the State of Washington.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of the Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon bid security furnished by such Bidders will be returned.

8.03 Liquid bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be Substantially Completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” AND “OR-EQUIVALENT” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or “or-equal” materials and equipment as defined in paragraph 6.05 of the General Conditions, or those substitute or materials and equipment approved by the Engineer and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function and quality to be met by any proposed substitute or “or-equal” item. Request for Engineer’s clarification of materials and equipment considered “or-equal” prior to the Effective Date of the Agreement must be received by the Engineer at least 5 days prior to the date for receipt of Bids. No item of material or equipment will be considered by Engineer as a substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date of receipt of Bids. Each request shall conform to the requirements of paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon the Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any

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proposed substitute item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIES AND OTHERS

12.01 If the Bid Documents and General Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid.

12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest responsible Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual or entity so listed and against which Owner and Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions.

12.03 Bidder shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Bidder has reasonable objection.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid form is included with the Bidding documents. Additional copies may be obtained from the Engineer.

13.02 All blanks on the Bid from shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed, in ink, by the person signing the Bid Form. A Bid price shall be indicated for each Bid item listed therein, or the words “No Bid”, “No Change”, or “Not Applicable” entered. A conditional or qualified bid will not be accepted.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporation business address and state of incorporation shall be provided on the Bid Form.

13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The business address of the partnership shall be provided on the Bid Form.

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13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The business address of the firm must be provided on the Bid Form.

13.06 A Bid by an individual shall show the Bidder’s name and official address.

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The business address of the joint venture must be provided on the Bid Form.

13.08 All names shall be typed or printed in ink below the signatures.

13.09 The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.10 The address and telephone number for communication regarding the Bid shall be shown.

13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder’s state Contractor license number for the state of the Project, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID; EVALUATION OF BIDS

14.01 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

B. The total of all bid prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

D. Bid items calling for unit prices show estimated quantities of Work to be performed. These quantities are approximate only and are for bidding purposes only. The Owner reserves the right to increase or decrease the amount of these quantities as may be deemed necessary.

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, Bid Security, Bidder’s Performance, the Payment Bond Statement and any other forms and information listed in the Bidder’s packet index.

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15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement for Bids and other be in accordance with instructions identified in the Bid Submittal Checklist, and shall be accompanied by the Bid security and other required documents.

15.03 Registration with the State of Washington Construction Contractors Board is required for any individual or business entity which advertises, offers, bids, or arranges to do, or actually does any construction, alteration, remodeling, or repair involving residential, commercial, industrial, or public works improvements. This includes partnerships, corporations, and self-employed individuals, whether working by the hour, wee job, or “cost-plus”, whether by written contract or oral agreement.

15.04A. Bidders must disclose information about certain first-tier Subcontractors who will be furnishing

labor or labor and materials. Specifically, when the contract amount of the first-tier Subcontractor is greater than or equal to (i) 5 percent of the project bid, but at least $15,000, or (ii) $25,000 regardless of the percentage, you must disclose the following information about that Subcontractor within two (2) hours of bid closing:1) The Subcontractor’s name and address.2) The Subcontractor’s type of work being performed.3) The dollar amount of the Subcontractor’s work to be performed.

If no Subcontractors that are subject to the above disclosure requirements are anticipated, a Bidder shall so indicate “NONE” on the accompanying form.

B. THE Owner SHALL REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION BY THE STATED DEADLINE.

C. To determine disclosure requirement, the Owner recommends that you disclose subcontract information for any Subcontractor as follows:1) Determine the lowest possible contract price. That will be the base bid amount less all

deductive alternate bid amounts (exclusive of any options that can only be exercised after contract award), if any.

2) Provide the required disclosure information for any first-tier Subcontractor whose potential labor or labor and materials contract services (Subcontractor base bid amount plus all additive alternate bid amounts, exclusive of any options that can only be exercised after contract award. If any) greater than or equal to:a. 5 percent of that lowest contract price, but at least $15,000, orb. $25,000 regardless of the percentage.

3) Total all possible work for each Subcontractor in making this determination (e.g. if a Subcontractor will provide $15,000 worth of services on the base bid and $40,000 on an additive alternate, then the potential amount of Subcontractor’s services is $55,000. Assuming that $55,000 exceeds 5 percent of the lowest contract price, provide the disclosure for both the $15,000 services and the $40,000 services.)

D. SUBMISSION. A Bidder shall submit the disclosure form included in the “Bidder’s Packet” within two (2) working hours after bid closing. See instructions on the form.

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E. RESPONSIVENESS. Compliance with the disclosure and submittal requirements of this rule is a matter of Responsiveness. Bids which are submitted by Bid Closing, but for which the disclosure submittal has not been made by the specified deadline, are not Responsive and shall not be considered for Contract award. It shall be the Bidder’s sole responsibility to ensure the Disclosure form is delivered to the Owner within the required two (2) working hours. Failure, for any reason, of the Owner to receive this form from the Bidder will be the total responsibility of the Bidder. The Owner will assume no responsibility or liability for the failure of the Owner’s fax equipment or any other problem resulting in failure of the Disclosure Form to be received.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Work. This provision to withdraw a Bid without forfeiting the Bid security does not apply to Bidder’s errors in judgment in preparing the Bid.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, unless obviously non-responsive, read aloud publicly.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the bid form but Owner may, in its sole discretion, release any bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Award of the Contract will be made to the lowest cost responsible and qualified Bidder. The Port Gamble S’Klallam Tribe Indian Preference policy is applicable to this Project. Owner reserves the right to reject any or all Bids, including without limitations, nonconforming, non-responsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsive. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities no involving price.

More than one bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid

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for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Bid Documents and General Conditions.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents.

19.06 If a mistake and the intended correct Bid item are clearly evident on the face of the Bid Form, or can be substantiated from accompanying documents, the Owner may accept the Bid. Examples of mistakes that may be clearly evident on the face of the Bid Form document are typographical errors, errors in extending unit prices, transposition errors, and arithmetical errors. Mistakes that are clearly evident on the face of the Bid Form document also may include instances in which the intended correct Bid item is clearly evident by simple arithmetic calculations. For example, a missing unit price may be established by dividing the total Bid item amount by the quantity of nits for that item, and a missing or incorrect total Bid price for an item may be established by multiplying the unit price by the quantity when those figures are available on the Bid. For discrepancies between unit prices and extended prices, unit prices shall prevail.

The Owner shall not accept a Bid in which a mistake is clearly evident on the face of the Bid Form document and the intended correct Bid is not clearly evident or cannot be substantiated from accompanying documents.

19.07 The Owner will not provide written notice to all Bidders of the Owner’s intent to award the Contract. The Owner’s Notice of Award shall be final three working days after the date of the Notice. Bidders who submitted bids shall have three working days after the Bid date in which to file any protest.

19.08 If the Contract is to be awarded, Owner will award the Contract to the responsible Bidder whose Bid, conforming with all the material terms and conditions of the Instructions to Bidders, is lowest, price and other factors considered.

ARTICLE 20 – CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions sets forth Owner's requirements as to performance and payment Bonds, and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by such Bonds and insurance certificates.

ARTICLE 21 – SIGNING OF AGREEMENT

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21.01 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner.

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Special Contract RequirementsP1009000 Administration Campus Street Construction and Reconstruction

Grade, Drain and Pave,IRR Route# 8625, 15

7/18/2008.5 Miles

SPECIAL NOTICEAll material in the "Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03, 2003, published in book form by the U.S. Department of Transportation, Federal Highway Administration, shall apply to this contract with the following modifications.

DIVISION 100 – GENERAL REQUIREMENTS

SECTION 101 – TERMS, FORMAT, AND DEFINITIONS Add the following abbreviations to the listing on page 4 and 5:

101.03 Abbreviations:

BIA -Bureau of Indian Affairs BIA DOT -Bureau of Indian Affairs Division of Transportation AO -Awarding Official AOTR -Awarding Official’s Technical Representative RSN -Required Submittal Number

Add the following terms and their respective definitions:

101.04 Definitions: Awarding Official’s Technical Representative (AOTR) The AOTR is the duly authorized representative of the Awarding Official, and may act for the Awarding Official in administering the contract, within the limits of their authority as delegated by the Awarding Official (AO). The AOTR’s duties and responsibilities are delineated by letter from the Awarding Official to the AOTR with a copy to the Contractor.

SECTION 104 – CONTROL OF WORK: Delete the last sentence and add the following:

104.01 Authority of the Awarding Official: The designated “Awarding Official’s Technical Representative” shall act as the “AO” except as expressly reserved herein.

(a) Authority of the Awarding Official’s Technical Representative: An Awarding Official’s Technical Representative (AOTR) may act for the Awarding Official in administering this contract, but he shall not be empowered to award, agree to, or execute any contract or modification thereto, or in any way to obligate the payment of money by the Government, to make a final decision on any matter which would be subject to appeal under the disputes clause of the contract, or terminate for any cause, the Contractor’s right to proceed.

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(b) Duties of the Inspector: The work will be conducted under the general direction of the Awarding Official and is subject to inspection by its designated inspectors to insure strict compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without written authorization of the Awarding Official, nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract.

Make the substitution to the following:

104.04 Coordination of Contract Documents: Delete all references to Transportation Acquisition Regulations (TAR) and replace with Department of the Interior Regulations (DIAR).

Add the following Subsection: 104.05 Special Requirements: Required Submittals: The word “submittals” shall be interpreted to include drawings, data, manuals, certifications, test reports, samples, or other items furnished by the Contractor for approval, informational, or other purposes.

For each submittal, the Contractor shall submit to the Awarding Official’s Technical Representative, three complete sets of required submittal material under the cover of a transmittal letter. The transmittal letter shall certify that the product or materials meet or exceeds the contract specifications. If a variance to the contract specifications is requested, the transmittal shall state all differences from the specified product and any differences in cost for the variance. \The Government will require a minimum of 14 calendar days after receipt to review each submittal. If a submittal is disapproved, the Contractor shall correct and resubmit to the Government for an additional 14 calendar day period.

The following list of required submittals is not complete and does not include all materials to be incorporated into this construction project. The absence of items from this list does not alleviate the Contractor from submitting other information required by the specifications or FP-03.

Add the following:

106.04 Measured or Tested Conformance: Sampling and testing shall be performed in accordance with the modified AASHTO and the Federal Lands Highway Test (FLH) test methods contained in Chapter 3, “Sampling and Testing” of the Federal Lands Highway, Field Materials Manual. When a specified test method is not included in the Chapter, the sampling and testing shall be performed in accordance with the referenced test procedure. Sampling and testing by comparable State Highway Department procedures will be accepted when those procedures are part of the approved “Contractor Quality Control Plan”. A copy of Chapter 3, “Sampling and Testing” and Chapter 2, “Quality Control” of the Federal Lands Highway, Field Materials Manual may be obtained by written request.

SECTION 107 – LEGAL RELATIONS AND

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RESPONSIBILITY TO THE PUBLI C

Add the following:

107.08 Sanitation, Health, and Safety:

The Contractor shall submit to the Owner the Contractor’s Accident Prevention and Safety Plan. The Contractor shall provide, at no cost to the Government (unless Cost-Reimbursement Contract), all facilities, safeguards, safety devices, and protective equipment, special clothing, and similar terms required for the performance of the Work and take any other action on its own responsibility or as the Awarding Official may determine reasonably necessary to protect the life and health of employees and of the public.

Should conflicts in the provisions of the U.S. Department of Labor Safety and Health Regulations for Construction and Provisions of a rule or regulations of a State or Local Safety Code occur, those provisions which define the higher safety standard shall govern. The Contractor shall furnish the Awarding Official a copy of an accident report within 10 days from the date of the accident.

If the Awarding Official or its authorized representative notifies the Contractor of any noncompliance with the Safety and Health provisions, the Contractor or its representative shall after receipt of such notices, immediately take corrective action. If the Contractor fails or refuses to comply promptly, the Awarding Official or Awarding Official’s Technical Representative may issue an order stopping all or part of the Work and/or withhold all or part of any progress payments due the Contractor until satisfactory corrective action has been taken. Delays or costs incurred as a result of the Contractor’s failure to comply with the Safety and Health provisions will not be considered as a basis for additional compensation or for adjustments in contract time. (Unless Cost-Reimbursement Contract).

Add the following:

107.11 Protection of Forests, Parks and Public Lands: When required by the agency having jurisdiction, the Contractor shall employ a fireguard that is acceptable to the Awarding Official’s Technical Representative.

SECTION 108 – PROSECUTION AND PROGRESS

Add the following:

108.02 Subcontracting Requirements:

(a) Work to be Performed by Prime Contractor: The Tribe as the Prime Contractor under a PL 93-638 contract may subcontract 100% of the construction project to a responsible and responsive Subcontractor. The Subcontractor shall perform on the Site, and with its own forces, work equivalent to at least fifteen percent (15%) of the total amount of the Work to be performed under the contract. The furnishing of supplies, materials and/or administration shall not be

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considered as part of the required on Site work. If during the progress of the Work, the Contractor requests, in writing, a reduction in such percentage, and the Awarding Official determines in writing that a reduction would not be to the Government's disadvantage, the percentage of the Work required to be performed by the Contractor may be reduced.

(b) Selection of Subcontractors: Unless otherwise required, the Prime Contractor and each Subcontractor may select their Subcontractors in compliance with their procurement system, provided the subcontract must be awarded in an amount that is fair and reasonable under current market conditions. Each Subcontractor shall be capable of performing in a satisfactory manner, all work included in its subcontract. The Contractor shall submit the following information to the Awarding Official:

(1) The name and address of each Subcontractor.

(2) A detailed description of the Work covered by each subcontractor.

(3) A statement that the Subcontractor has adequate resources and is capable of performing the Work.

(4) A completed SF-1413 Statement and Acknowledgment.

Prospective Subcontractors: Section 7(b) of P.L. 93-638 (25 U.S.C. 450e) and DIAR 1452.204-71, requires that preference opportunities in employment and training be given to Indian/Alaska Native individuals and that preference in the award of subcontracts be given to Indian/Alaska Native economic enterprises.

(c) Furnish Copies of Subcontracts: No Subcontractor will be allowed to perform any work on the project Site until the following conditions, in addition to those in (b) above, have been met by the Contractor:

(1) A copy of the subcontract entered into, describing the Work to be performed on the project Site has been furnished to the Awarding Official.

(2) The subcontract has included as part of its subcontract, verbatim, the Federal Acquisition Regulations (FAR) Construction Clauses provided in the PL 93-638 contract.

(3) The subcontractor has met the required bonding and insurance requirements prior to a notice to proceed.

(d) Contractor's Responsibility for Subcontractors: The Contractor shall be responsible for the acts of all Subcontractors and their employees while performing work at the project Site, regardless of Subcontractor's contractual relationship to the Contractor. The Contractor shall cause to be removed from the Work at the project Site any Subcontractor employee thereof whom the Awarding Official, in writing, finds to be incompetent, careless of otherwise objectionable. Failure of any Subcontractor to complete the Work described in its subcontract in a satisfactory manner, or without delay, will not excuse the Contractor from any delay in the completion of the entire contract, except as provided in applicable clauses of the Contract.

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Add the following subsection:

108.06 Calculation of Time During Partial Suspension: During periods of partial suspension of the Work in accordance with Subsection 108.05(a), the total number of calendar days to be charged as contract time shall be computed by multiplying the number of calendar days of the contract time by the ratio of what the amount earned during the period of partial suspension bears to the Contract amount.

For the purpose of computing the number of calendar days to be charged, the amount earned during a period of partial suspension shall exclude any allowance for materials not incorporated into the Work but shall include any allowance made for the roadside production of aggregates and other work performed at the Site. In no case shall the number of calendar days to be charged as contract time for a period of partial suspension exceed the total elapsed time of the partial suspension.

DIVISION 150 – PROJECT REQUIREMENTS

SECTION 151 – MOBILIZATION

Add the following paragraph:

151.01 Description: All work necessary for final clean-up and removal of all equipment, debris and excess material will be included in this pay item.


151.03 Payment: Note that sub-paragraphs (b) and (c) stipulate the percentage of contract completion does not include mobilization and bond premiums. Percentage of completion is based upon the cost for completed units of work as a ratio to the total estimated contract cost.

SECTION 152.-- CONSTRUCTION SURVEY AND STAKING

Add the following to paragraph (a):

152.01 Description: The construction surveying and staking shall be performed under the direct supervision of a civil engineer registered in the State of Washington or a land surveyor licensed in the State of Washington. Required experience shall include a minimum of 2 years as a party chief or supervisor of a survey crew working on highway construction surveys. The Contracting Officer or the Contracting Officer’s representative shall determine the acceptability of the qualifications for the civil engineer or land surveyor.

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The Contractor shall be responsible for safe guarding all existing monuments and property corners. Any monuments that are destroyed or damaged by construction shall be replaced (under the direction of the agency surveyor that set the monument), at the expense of the Contractor.

Construction Requirements Delete the first paragraph and substitute the following: 152.02 General: The Government will provide the data for use in establishing control. The data will include horizontal & vertical alignment, and the location of control points, reference points, and benchmarks. Additional points will be the responsibility of the Contractor and any discrepancies shall be brought to the attention of the AOTR. All construction staking shall be clearly marked to indicate purpose of stake, stationing, offset, cut or fill, elevation and similar pertinent data. Staking shall be protected from damage or movement as much as is feasible. The surveyor will review the staking requirements with the COR prior to starting the Work.

Measurement Add the following paragraph: 152.05 Construction surveying and staking shall include all work and materials necessary for establishing and maintaining horizontal and vertical control, all construction, right-of-way, clearing and any other survey or staking work required to complete the project. The cost for preparing the hard bound field book(s) of all completed survey work shall also be included in this item. Measurement is by lump sum.

SECTION 153 – Contractor QUALITY CONTROL Construction Requirements Delete the first sentence in the 1st paragraph and add the following:

153.02 Contractor Quality Control Plan: Submit 3 copies of a written quality control plan for acceptance at least 7 days before the preconstruction conference.


153.02 Contractor Quality Control Plan: The Contractor shall designate in the Quality Control Plan (QCP) the name of the person responsible for administering the QCP. The person shall be an engineer licensed in the State of Washington or a certified engineering technician who can demonstrate by resume a minimum of 5 years education and/or experience in the quality control of highway projects. The Contractor shall obtain approval in writing by the AOTR prior to beginning work. The cost for the QCP shall be included in bid item 15401.

SECTION 154 – Contractor SAMPLING AND TESTING Construction

Requirements add the following paragraph:

154.05 Acceptance: At a minimum, the Contractor shall make the number of tests required by these specifications. Only passing tests will count as a test.

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SECTION 155 – SCHEDULES FOR CONSTRUCTION CONTRACTS Construction Requirements Delete the 1st sentence in the 3rd paragraph and add the following:

155.02 General: Use the Bar Chart Method (BCM) to develop the construction schedule for the total contract work.

DAYS OF WORK: Construction work will not be permitted on New Year’s Day, Presidents’ Day, Martin Luther King Jr.’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

In addition, there are special days of recognition and celebration for various Tribal members and employees. Prior to construction scheduling contact the identified Tribe under this Project to identify known special tribal celebrations. Work shall not interfere with such activities.

HOURS OF WORK: Except in executive, administrative, and supervisory positions, no individual directly employed on the project may be permitted to work more than 40 hours in any one week, except as provided under FAR Clause 52.222.4, Contract Work Hours and Safety Standards Act Overtime-Compensation.

SECTION 156 – PUBLIC TRAFFIC

Construction Requirements Add the following:

156.03 Accommodating Traffic During Work: The Contractor shall maintain local access open to traffic at all times.

The Contractor shall prepare a Traffic Control Plan and submit for review and approval. Construction will not be permitted until the Contractor’s Traffic Control Plan (TCP) has been approved by the Awarding Official’s Technical Representative and the Awarding Official. The TCP shall include a drawing showing the location and type of all traffic control devices and written narrative describing methods of implementing traffic control. The written narrative shall include the name, 24-hour telephone number and address of the Contractor’s Traffic Safety Supervisor at the Preconstruction Conference. The Contractor shall not designate the Superintendent as the traffic safety supervisor.

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NON-COLLUSIVE AFFIDAVITP1009000 Administration Campus Street Construction and Reconstruction


(Prime Bidder)

State of _____________________________________________

City/County _________________________________________

__________________________________________ Being duly sworn, deposes and says:

That he/she ____________________________________________________(A partner or officer of the firm of, etc.)

The party making the foregoing proposal or bid represents that such proposal or bid is genuine and not collusive or sham: that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with any Bidder or person, to put in a sham bid or to refrain from bidding; and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person to fix the bid price or affiant or any other Bidder, or to fix any overhead profit or cost element of said bid price, or that of any other Bidder; or to secure any advantage against the Port Gamble S’Klallam Tribe or any personal interest in the proposed contracts; and that all statements in said proposal or bid are true.

Signature of

_______________________________________Bidder, if the Bidder is an individual

_______________________________________Partner, if the Bidder is a partnership

_________________________________________Officer; if the Bidder is a corporation

Subscribed and Sworn to before me

This ______________ day of ____________, 20________

________________________________________________ Notary Public

My Commission Expires: ______________________________, 20______

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Construction ContractP1009000 Administration Campus Street Construction and Reconstruction


This contract made this ____ day of _________________________________, 2010, by and between _________________________________________________________, herein called the “Contractor/Developer,” and the Port Gamble S’Klallam Tribe, called “Owner.”

The Contractor and Port Gamble S’Klallam Tribe agree as follows:

STATEMENT OF THE WORK: The Contractor shall furnish all labor, materials, equipment, services and perform and complete all work required for the construction of the project consisting of construction of a loop road that will involve clearing, demolition, grading, road bed construction, asphalt paving of roads and parking areas, sidewalks, lighting, storm drainage system, striping and pavement markings, supervisions, and other improvements in strict accordance with the General Conditions and the contract documents listed herein. CONTRACT PRICE: The Port Gamble S’Klallam Tribe shall pay the Contractor/Developer for performance of this Contract, subject to additions or deductions as provided in the Contract the sum of _________________________________________________________________________________ ($_______________).

All construction work and Site improvements shall be completed within 8 months or less. Notice to Proceed will be issued as provided for in the General and Special Conditions.

The following Contract Documents are hereby incorporated and made a part of this contract:(1) Advertisement as published(2) Bid Submittal Checklist (3) Contractors Qualifications Statement AIA Form A-305 (4) Indian Preference Requirements (5) Council Resolution No. 03-A-84(6) Bid Form(7) Unit Prices Work Sheet(8) Instruction to Bidders(9) Special Contract Requirements(10) Non-Collusive Affidavit(11) Bid Bond(12) Performance and Payment Bond (13) Notice of Award(14) Project Manual and Technical Specifications Dated

______________________________________.(15) Construction Drawings Dated December 18, 2007.(16) Site Design Revisions Dated June 7, 2010.(17) Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-

03, Federal Highway Administration

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(18) Standard General Conditions of the Construction Contract(19) Addenda

Prior to being issued a Notice to Proceed, the Contractor shall provide the following submittals to the Port Gamble S’Klallam Tribe for review and approval:

List of Subcontractors anticipated for this Project Construction Schedule Proof of Insurance, naming Tribe as co-insured Name and resume/work history of superintendent for the project Performance and Payment Bond

DAVIS-BACON PREVAILING WAGES: The Contractor shall comply with the Davis-Bacon Act in its entirety, which is hereby incorporated into this contract by reference, including complying with current Davis-Bacon prevailing wages and submission of required reports and forms to the Owner and any and all Tribal, State, or Federal agencies as required by the Davis-Bacon Act.

TERMS OF PAYMENT and DAVIS-BACON PREVAILING WAGES: The Contractor shall submit an invoice detailing work completed and the hourly rates associated with the Work performed. Invoices shall be submitted with FORM WH-347 filled out in its entirety. Payment will usually be within 14 days of presentation of invoice.

LIMITED WAIVER OF SOVEREIGN IMMUNITY: The Tribe enters into this Agreement pursuant to its governmental authority and only grants a waiver of its sovereign immunity for the limited purposes of mediation pursuant to Article 16 of the General Conditions. This contract has been entered into within the jurisdiction of the Port Gamble S’Klallam Tribe and is subject to the laws of the Port Gamble S’Klallam Tribe.

IN WITNESS WHEREOF, the parties hereto caused this Instrument to be executed in 3 original counterparts as of the day and year first above written.

By Contractor:Authority:_______________________________________________________________(Signature)______________________________________________________________(Title)_______________________________________________________________(Date)

If a Corporation:_______________________________________________________________(Signature of secretary of corporation)

(if a corporation affix corporate seal)

By Port Gamble S’Klallam Tribe

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_______________________________________________________________(Signature)_______________________________________________________________(Title)_______________________________________________________________(Date)

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BID BONDP1009000 Administration Campus Street Construction and Reconstruction


BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

Owner (Name and Address):Port Gamble S'Klallam Tribe31912 Little Boston Road NEKingston, WA 98346

BID:BOND NUMBER: ____________________________________________DATE (Not later than Bid due date): ______________________________PENAL SUM:___________________________________ _________________

Words (Figures)

IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

BIDDER SURETY

______________________________(Seal) ________________________(Seal)Bidder’s Name and Corporate Seal Surety Name and Corporate Seal

By: _____________________________ By: _________________________Signature and Title Signature and Title

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Note: (1) Above addresses are to be used for giving required notice.(2) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural

where applicable.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assignees to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety with required by paragraph 5 hereof).

4. Payment under the Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commended under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

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9. Surety shall cause to be attached to this Bond a current and effective Power or Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein include a bid, offer or proposal as applicable.

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BIDDER’S PERFORMANCE AND PAYMENT BOND STATEMENT

P1009000 Administration Campus Street Construction and ReconstructionGrade, Drain and PaveIRR Route# 8625, 15

(Name of Contractor) __________________________________________, hereinafter referred to as Bidder, is submitting a bid to the Port Gamble S'Klallam Tribe Reservation pursuant to the latter’s Advertisement for Bids for the project Administration Campus Street, Kitsap County, WA, 98346.

Bidder certifies that if it is awarded the contract, Bidder has the financial ability to obtain good and sufficient bonds issued by a surety to the Owner in sums equal to the amount of the bid providing for the faithful performance of the contract and payment of labor and materials.

The surety requested to issue the performance and payment bonds will be (Surety Company)_______________________________. Bidder hereby authorizes (Surety Company) ________________________________ to disclose any information to the Owner concerning Bidder’s ability to supply performance and payment bonds in the amount of the contract.

(Bidder)__________________________________________

(By)_____________________________________________

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NOTICE OF AWARDP1009000 Administration Campus Street Construction and Reconstruction


Dated ______________________

Project: Administration Campus Street, Kitsap County, WA, 98346

Owner:Port Gamble S'Klallam Tribe Reservation

Contract Name: _________________________________________________

Engineer’s Project Number: _________________________

Bidder:

Bidder’s Address: (Send Certified Mail, Return Receipt Requested)

_________________________________________

_________________________________________

_________________________________________

You are notified that your Bid dated __________ for the above Contract has been considered. You are the successful Bidder and are awarded a Contract for:

(indicate total Work, alternates or sections or Work Awarded)______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

The Contract Price of your Contract is _______________________________________ Dollars ($______________).

(Insert Appropriate data if Unit Prices are used. Change language for Cost-Plus contracts.)

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________ copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award.

_________ sets of the Drawings will be delivered separately or otherwise made available to you immediately.

You must comply with the following conditions precedent with (15) days of the date you receive this Notice of Award.

1. Deliver to the Owner (_____) fully executed counterparts of the Contract Documents.

2. Deliver with the executed Contract Documents the Contract security (Bonds) as specified in the Instructions to Bidders and General Conditions.

3. Other conditions precedent:

________________

________________

________________

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award and declare your Bid security forfeited.

Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents.

______________________________________________Owner

By: ______________________________________________Authorized Signature

______________________________________________Title

Copy to Engineer

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