INVITATION FOR BIDS ( IFB - American Samoa Power … No. ASPA15.1238.ESD...IFB NO. FY15.1238.ESD-WW.Fagatogo Sewer Extension P a g e 1 | 39 AMERICAN SAMOA POWER AUTHORITY MATERIALS

IFB NO. FY15.1238.ESD-WW.Fagatogo Sewer Extension P a g e 1 | 39

AMERICAN SAMOA POWER AUTHORITY MATERIALS MANAGEMENT- PROCUREMENT

INVITATION FOR BIDS (“IFB”)

Fagatogo Sewer Extension

November 25, 2014

IFB NO. ASPA15.1238.ESD-WW.Fagatogo Sewer Extension

Issuance Date: November 25, 2014 Pre-Bid Meeting: December 4, 2014 @ 9:00 am Pre-Bid Meeting Place: Materials Management Conference Room Closing Date/Time: December 30, 2014 @ 2:00 pm American Samoa time Bid Delivery Location: Materials Management Office

Tafuna Power Plant Compound

APPROVED FOR ISSUANCE: UTU ABE MALAE ASPA Executive Director


Table of Contents

1. Notice to Bidders Page 3

2. Bid Invitation Page 5

3. Special Notice to Prospective Bidders Page 7

4. Significant Dates Page 10

5. General Terms and Conditions Page 13

6. Attachment A: Bid Transmittal Form Page 25 7. 8. Attachment B: Scope of Work Page 26

9. Attachment C: Bid Form Page 27

10. Attachment D: Bidder’s Qualifications Sheet Page 29

11. Attachment E: Disclosure Statements Page 32

12. Attachment F: Non-Collusion Affidavit of Prime Bidder Page 33

13. Attachment G: Bid Bond Security Instructions Page 34

14. Attachment H: Bid Bond Security Form Page 35

15. Attachment I: Design and Construction Plans Fagatogo Sewer Extension Page 38

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NOTICE TO BIDDERS

ISSUANCE DATE: November 25, 2014 IFB NO. ASPA15.1238.ESD-WW.Fagatogo Sewer Extension

PROJECT NAME: Fagatogo Sewer Extension CLOSING DATE/TIME: December 30, 2014 @ 2:00 pm American Samoa Time The American Samoa Power Authority (ASPA) invites bids for the construction of the Fagatogo Sewer Extension. Interested Bidders shall submit their bids using the Bid Form to provide the Base Bid and the Bid Alternate. The Fagatogo Sewer Extension focuses on the new construction of the 8" gravity sewer main extension to serve homes behind the Police Station Building in Fagatogo on the island of Tutuila in American Samoa. Improvements include the installation of approximately 526 LF of 8” SDR 35 PVC, approximately 500 LF of 6” SDR 35 PVC, approximately 450 LF of 4" SDR 35 PVC, and all fittings and appurtenances for SDR 35 PVC pipes, which shall be furnished and installed by the selected bidder to successfully connect the approved homes to the ASPA sewer collection system. Due to the rapid incline of the slopes, pipe joints must be mechanically restraint. Upon connection of these homes to the sewer collection system, the existing cesspools or septic tanks will be decommissioned, pumped out, and either removed or backfilled in place as approved by the ASPA Project Engineer. The successful bidder will also supply and provide seven (7) - 48" diameter sewer concrete manholes complete and installed in place. In the case that the bid alternate will be implemented, double cleanouts will be used instead of the concrete manholes for accessibility during clean up or servicing of the lines. As part of this project, the road where the sewer main will be installed shall be graded, stabilized, and improved upon. The successful bidder shall be responsible for all required tests on the construction materials (densities, compression tests, etc...) and on the new sewer line (hydrostatic test and "full moon" lamp test). The ASPA Project Engineer, or ASPA's Project Inspector, should be notified and present for any and all applicable tests. All improvements shall and will be planned and performed per signed contract, approved construction plans, specifications, and all applicable documents pertaining to the Fagatogo Sewer Extension. It shall be the successful bidder's responsibility to have clear and safe access for pedestrians and especially the local residents of the immediate area. The successful bidder shall and will take good measures to implement Best Management Practices (BMP) during and at all times of the construction. The successful bidder shall perform all removal, relocation, reinstallation, and replacement works as shown on the approved construction plans and as deemed necessary for the successful completion of the Fagatogo Sewer Extension. All damaged properties as a result of the improvements under the signed contract shall be restored by the Contractor at the Contractor's expense to meet or exceed their original state. A partnering relationship is strongly encouraged amongst all involved and applicable parties. Documents: Qualified Bidders may view the IFB package online on the ASPA’s Website www.aspower.com or may pick up a package at the following address:


ASPA Materials Management Office Tafuna Power Plant Compound Pago Pago, American Samoa 96799

For more information about this IFB, you may contact ASPA at:

Nancy Tinitali-Mauga, Procurement Manager Materials Management Office tel. (684) 699-3057 [email protected]

BID SECURITY: Each bid must be accompanied by a cashier’s check or bid bond made payable to the American Samoa Power Authority. The cashier’s check or bid bond shall be ten percent (10%) of the total bid amount in U.S. dollars. Company or personal checks are not acceptable. If a bidder fails to submit the required bid security with the bid, the bid shall be considered non-responsive and subject to rejection. The American Samoa Power Authority reserves the right to:

1. Reject all bids and reissue a new or amended IFB; 2. Request additional information from any Bidder submitting a bid; 3. Negotiate a Contract with the firm selected for award; and 4. Waive any non-material violations of rules set up in this IFB at its sole discretion.

Approved for Issuance: Utu Abe Malae, Executive Director


BID INVITATION

AMERICAN SAMOA POWER AUTHORITY: Materials Management Office - Procurement P.O. BOX PPB PAGO PAGO, AS 96799 (684) 699-3057 Nancy Tinitali-Mauga [email protected] ISSUANCE DATE: November 25, 2014 BID INVITATION Number: ASPA15.1238.ESD.WW.FAGATOGO SEWER EXTENSION INSTRUCTIONS:

1) This Invitation for Bid shall require an original, one PDF electronic copy, and five hard copies to be submitted in a sealed envelope, box, or other enclosure addressed to Nancy Tinitali-Mauga, ASPA Materials Management, P.O. Box PPB, Pago Pago, AS 96799. All submittals must be received at the ASPA Materials Management Office - Procurement no later than December 30, 2014 at 2:00 p.m. American Samoa Time. The envelope or box must be labeled “IFB # ASPA15.1238.ESD.WW.FAGATOGO SEWER EXTENSION.”

Bids must be in the actual possession of the Material Management Office at the location indicated, on or prior to the exact date and time indicated above. A copy of this solicitation and addenda may be obtained from our Internet Website at: http://www.aspower.com by selecting the Procurement link and the associated solicitation number. Late submittals will not be opened or considered and will be determined as non-responsive. The prevailing clock shall be the ASPA Materials Management clock. All Bidders shall provide sufficient written and verifiable information that respond to the requirements set forth herein, the Contract Documents, and in the Scope of Work.

2) Pre-Bid Questions – Any pre-bid questions and/or clarifications shall be submitted to Nancy Tinitali-Mauga at [email protected]. Questions and/or clarifications are welcome and should be submitted no later than December 19, 2014 at 4:00 pm. ASPA shall issue addenda to address any questions and/or clarifications as necessary thereafter.

3) Pre-Bid Meeting – A one-time pre-bid meeting will be held December 4, 2014 at 9:00 am at the Materials Management Conference Room located at the ASPA Power Plant Tafuna Compound. While attendance is not mandatory, bidders are encouraged to attend and participate. The purpose of the pre-bid meeting is to clarify the IFB as needed and raise any issues or concerns.

NOTICE TO BIDDERS: This bid is subject to the attached General Terms and Conditions of the Invitation for Bids for the Fagatogo Sewer Extension, Plans and Specifications for the Fagatogo Sewer Extension.


The undersigned offers and agrees to furnish within the time specified, the articles and services at the price stated opposite the respective terms listed on the schedule provided, unless otherwise specified by a Bidder. In consideration of the expense of the American Samoa Power Authority in opening, tabulating, and evaluating this and other bids, and other considerations such as the schedule, the undersigned agrees that this bid shall remain firm and irrevocable for One Hundred Twenty Day (120) calendar days from the listed bid opening date or until a construction services agreement may be jointly enacted between ASPA and the undersigned party. It is the responsibility of each Bidder before submitting a bid to (a) examine the documents contained in the bid package thoroughly; (b) visit the site or to otherwise become familiar with local conditions that may in any manner affect cost, progress, or performance of the work; (c) become familiar with federal, territorial, and local laws and ordinances, rules and regulations that may in any manner affect cost, progress, or performance of the work; (d) study and carefully correlate Bidder’s observations with the bid package documents; and (e) notify ASPA of all conflicts, errors, or discrepancies in the bid package documents. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with ASPA is prohibited. Any vendor knowing of this type of activity is encouraged to report in confidence to ASPA’s legal department so the matter can be dealt with. SIGNED:________________________________________ DATE______________________


AMERICAN SAMOA POWER AUTHORITY

SPECIAL NOTICE TO PROSPECTIVE BIDDERS

Bidders are reminded to read the Sealed Bid Solicitation Instructions and General Terms and Conditions attached to a Bid Invitation to ascertain that all of the following requirements (see check boxes) of the bid are submitted in the bid envelope at the date and time for bid opening. [x] 1. BID FORMS a. Bid Invitation Form (see above) b. Bid Transmittal Form (Attachment A) c. Bidders Qualification Sheet (Attachment D) d. Bidders Disclosure Statement (Attachment E) e. Bidders Non-Collusion Statement (Attachment F) f. Technical bid as per Section VI-Part A. [x] 2. BOND FORMS

Bid Bond Form (Attachment H) or cashier’s check for 10% of the total bid amount a. All Bid Bonds must be in the form included in the contract

Documents. The Bid Bond and all other surety bonds required by ASPA, to be valid, must be accompanied by:

i. Current certificate of Authority issued by the insurance commissioner of the State were the surety has its primary place of business together with evidence acceptable to ASPA that applicable bonds will be valid in American Samoa.

ii. Power of Attorney issued by the Surety to the Resident General Agent.

iii. Power of Attorney issued by two (2) major officers of the Surety to whoever is signing on their behalf.

NOTICE TO ALL INSURANCE AND BONDING INSTITUTIONS:

All bonds must be accompanied by or include, as applicable, the signatures of the Bidder, two (2) Major Officers of the Surety and the Resident General Agent, if the Surety is a foreign or alien surety. When the form is submitted to the American Samoa Power Authority, it should be accompanied with copies of the following:

A. Current Certificate of Authority to do business in American Samoa issued by the Department of Treasury -Revenue and Taxation.

B. Power of Attorney issued by the Surety to the Resident General Agent.

C. Power of Attorney issued by two (2) Major Officers of the Surety to

whoever is signing on their behalf.


The Bid Bond must be effective no later than the bid opening date. The Performance Bond and Payment Bond must be dated and executed effective on or after the date that a construction contract is entered into between such bidder and ASPA. The NOTICE TO PROCEED will not be transmitted to the Contractor until all required bonds are in place. Failure to obtain required bonds within a reasonable amount of time may result in contract termination and damages recoverable by ASPA.

[x] 3. BUSINESS AND CONTRACTOR’S LICENSE

Bidders must submit business AND contractor’s license as stated in these documents. [x] 4. BID

The Bid must include all of the following to be deemed responsive: (A) Prior Related Experience/Past Performance – A description of the firm’s related

experience, background, past performance and credentials as stated on the attached Bidder Qualification Sheet, which is incorporated herein as if fully set forth. This part includes a dossier of personnel qualifications. Bidder should provide references (4 or more) and a project history that verifies a minimum of three (3) years of specific or related experience. Bidder must hold appropriate and current business license(s) for these services.

(B) Contract Price – The contractor’s bid price for all services and materials, including

a breakdown of project costs (e.g. estimated costs for materials, cost for labor, etc.) must be provided.

This Notice must be signed and returned in the bid envelope. Failure to comply with requirements will mean disqualification and rejection of the bid.

I, ________________________, authorized representative of __________________________,

acknowledged receipt of this special reminder to prospective Bidders together with Bid Invitation

Number ASPA15.1238.ESD.WW.FAGATOGO SEWER EXTENSION this date of

___________________, 2014.

_______________________________________

Bidder’s Representative's Signature


SIGNIFICANT DATES

The following are the significant dates for the IFB and the Anticipated Contract and Schedule

DATES SCHEDULED DESCRIPTION

November 25, 2014 Bid Issuance Date

December 4, 2014 @ 9:00 am Pre-Bid Meeting

December 19, 2014 @ 4:00 pm Deadline for submitting pre-bid questions

December 23, 2014 Issue addendum to address questions and clarifications

December 30, 2014 Closing Date @2:00 pm American Samoa time

1st week of January 2015 Procurement reviews all bids for compliance

2nd week of January 2015 Source Evaluation Board convene to review all bids

Dates are subject to change


AMERICAN SAMOA POWER AUTHORITY

GENERAL TERMS AND CONDITIONS

ASPA15.1238.ESD.WW.FAGATOGO SEWER EXTENSION

I. INTRODUCTION

The American Samoa Power Authority (ASPA) invites bids for the construction of the Fagatogo Sewer Extension. Interested Bidders shall submit their bids using the Bid Form to provide the Base Bid and the Bid Alternate. The Fagatogo Sewer Extension focuses on the new construction of the 8" gravity sewer main extension to serve homes behind the Police Station Building in Fagatogo on the island of Tutuila in American Samoa. Improvements include the installation of approximately 526 LF of 8” SDR 35 PVC, approximately 500 LF of 6” SDR 35 PVC, approximately 450 LF of 4" SDR 35 PVC, and all fittings and appurtenances for SDR 35 PVC pipes, which shall be furnished and installed by the selected bidder to successfully connect the approved homes to the ASPA sewer collection system. Due to the rapid incline of the slopes, pipe joints must be mechanically restraint. Upon connection of these homes to the sewer collection system, the existing cesspools or septic tanks will be decommissioned, pumped out, and either removed or backfilled in place as approved by the ASPA Project Engineer. The successful bidder will also supply and provide seven (7) - 48" diameter sewer concrete manholes complete and installed in place. In the case that the bid alternate will be implemented, double cleanouts will be used instead of the concrete manholes for accessibility during clean up or servicing of the lines. As part of this project, the road where the sewer main will be installed shall be graded, stabilized, and improved upon. The successful bidder shall be responsible for all required tests on the construction materials (densities, compression tests, etc...) and on the new sewer line (hydrostatic test and "full moon" lamp test). The ASPA Project Engineer, or ASPA's Project Inspector, should be notified and present for any and all applicable tests. All improvements shall and will be planned and performed per signed contract, approved construction plans, specifications, and all applicable documents pertaining to the Fagatogo Sewer Extension. It shall be the successful bidder's responsibility to have clear and safe access for pedestrians and especially the local residents of the immediate area. The successful bidder shall and will take good measures to implement Best Management Practices (BMP) during and at all times of the construction. The successful bidder shall perform all removal, relocation, reinstallation, and replacement works as shown on the approved construction plans and as deemed necessary for the successful completion of the Fagatogo Sewer Extension. All damaged properties as a result of the improvements under the signed contract shall be restored by the Contractor at the Contractor's expense to meet or exceed their original state. A partnering relationship is strongly encouraged amongst all involved and applicable parties. II. SCOPE OF WORK (Refer to Attachment B) III. BIDDING DOCUMENTS

Bid Documents including plans and specifications may be obtained from the ASPA Materials Management Office (Procurement). Bid Documents may also be viewed online on the ASPA Website, www.aspower.com at no charge.


ASPA reserves the right to reject or eliminate any bid from the process if the bidder does not meet minimum qualifications. IV. SUBMITTALS

A. Completed “SPECIAL NOTICE TO PROSPECTIVE BIDDERS” form from Page 9 of this document.

B. The contractor will provide a cost bid as outlined on Attachment C, the “Bid Form”.

C. The contractor will provide information as required on Attachment D, the “Bidder Qualification Sheet Information Form”.

D. The contractor will provide the signed Disclosure Statement as required on Attachment E.

E. The contractor will provide the signed Non-Collusion Statement as required on Attachment F.

F. The contractor will provide a 10% bid bond or cashier’s check and the Bid Bond Security Form as provided in Attachment H.

G. The Bid Invitation Form (Page 7).

H. The Bid Transmittal Form as provided on Attachment A.

V. DATE/TIME/PLACE OF BID SUBMISSION AND BID OPENING

A. Each bidder must submit its bid in a sealed envelope addressed to: Ms. Nancy Tinitali-Mauga ASPA Materials Management P.O. Box PPB Pago Pago, AS96799

B. An original, one PDF copy, and five (5) hard copies of the bid must be

received in the Materials Management Office no later than December 30, 2014 at 2:00 p.m. American Samoa Time. The envelope or box must be labeled “IFB #ASPA15.1238.ESD.WW.FAGATOGO SEWER EXTENSION.

C. Late submittals will not be opened or considered and will be determined as non-responsive.

D. All bidders shall provide sufficient written and verifiable information that responds to the requirements of the IFB, and in accordance with the SOW.

VI. BID PREPARATION INSTRUCTIONS


The bid must contain three (3) parts. Bidders shall prepare their bids in detail accordingly.

A. Prior Related Experience/Past Performance – A description of the firm’s related experience, background, past performance and credentials as stated on the Bidder Qualification Sheet, Attachment D, which is incorporated herein as if fully set forth. This part includes a dossier of personnel qualifications. Bidder should provide references (4 or more) and a project history that verifies a minimum of three (3) years of specific or related experience. Bidder must hold appropriate and current business license(s) and contractor’s license(s) for these services.

B. Contract Price – The contractor’s bid price for all services and materials, including a breakdown of project costs (e.g. estimated costs for materials, cost for labor, shipping, etc.) must be provided on the Bid Form, Attachment C.

All blank spaces in the bid form must be completed in ink. Prices quoted shall be in United States dollars in both words and figures where required. No changes shall be made in the phraseology of the forms. Written amounts shall govern in cases of discrepancy between the amounts stated in writing and the amounts stated in figures. In case of discrepancy between unit prices and totals, unit prices will prevail. Any bid shall be deemed informal which contains omissions, erasure, alterations or additions of any kind, or prices uncalled for, or in which any of the prices are obviously unbalanced, or which in any manner shall fail to conform to the conditions of the Notice to Bidders. The bidder shall sign the bid in the space provided. If the bidder is a corporation, the legal name of the corporation shall be set for the above, together with the signature of the officer or offices authorized to sign Contracts on behalf of the corporation. The typewritten name shall be inserted with each signature. If the bidder is a partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign Contracts on behalf of the partnership. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a notarized power-of-attorney must be on file with ASPA prior to opening of bids or submitted with the bid, otherwise the bid will be regarded as not properly authorized. VII. ATTACHMENTS

Attachment A is the Bid Transmittal Form Attachment B is the detailed Scope of Work Attachment C is the Bid Form Attachment D is Bidders Qualification Sheet Attachment E is the Disclosure Statement Attachment F is the Non-Collusion Affidavit Attachment G is the Bid Bond Security Instructions Attachment H is the Bid Bond Security Form

VIII. PRE-BIDMEETING A pre-bid meeting will be held on December 4, 2014 at 9:00 am at the Materials Management Conference Room located at the ASPA Power Plant Tafuna Compound. Site visits may be scheduled with the Engineering Services Division thereafter. IX. PRE-BID QUESTIONS


Any pre-bid questions and/or clarifications shall be submitted in writing to Nancy Tinitali-Mauga at [email protected] through electronic mail or in hard copy. All pre-bid questions must be received no later than December 19, 2014 at 4:00 pm. After that time, ASPA will issue addenda to address any questions and/or clarifications as may be necessary. X. OTHER NECESSARY ITEMS

A. Bid Bond Security. All bids shall be accompanied by a bid bond or a cashier’s

check made payable to ASPA in an amount equal to ten percent (10%) of the total bid amount, to be forfeited to ASPA in the event of the failure of the bidder to honor the terms of the bid or to execute the contract.

B. Return of Bid Bond Security. ASPA reserves the right to retain the bid bond security of the three lowest bidders after the successful bidder has signed and delivered the contract to ASPA. The bid bond of the three lowest bidders will be retained and returned within 15 days after the contract has been executed. Upon failure of the successful bidder to sign and deliver said contract to ASPA within the specified time, the next lowest bid may be accepted at ASPA’s discretion, whereupon the above instructions and requirements will apply equally to the said second bidder. If the Contractor fails to enter into a written contract, ASPA will retain the Contractor’s bid bond as liquidated damages, but not as a penalty.

C. Retention. In addition to a performance bond, the successful bidder shall agree to have ASPA retain 10% of the Contract amount, which will be retained by ASPA from each monthly invoice submitted by the contractor for approval of payment, for a period of 30 days after the successful completion of the project.

D. Failure to Execute Contract and Furnish Bond. In the event the Bidder fails to execute the Contract within ten business (10) days after the award of bid, it shall forfeit to ASPA the bid security that accompanied its bid, and the bid security shall be retained as liquidated damages by ASPA, and it is agreed that this sum is a fair estimate of the amount of damages ASPA will sustain in case the Bidder fails to enter into a Contract. Bid security deposited in the form of a cashier’s check shall be subject to the same requirements as a bid bond.

E. Power of Attorney. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

XI. TIME FOR COMPLETION OF WORK The time allowed for completion of the Work awarded by ASPA shall not exceed 180 calendar days. XII. TYPE OF CONTRACT

Services provided by the successful bidder will be performed under a firm fixed-price, lump sum contract agreement. The successful bidder, as an independent contractor shall furnish the necessary equipment, personnel, tools, parts, supplies, insurance, licenses, support vehicles, bonds and all other required items and services and otherwise do all things necessary to meet the requirements specified in the Scope of Work to the satisfaction of ASPA on a per unit cost basis.


The Contractor must, at all times, comply with all applicable workmen’s compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable. The Contractor shall be an independent contractor and not an agent or employee of ASPA. ASPA will not be held responsible in any way for claims filed by the Contractor or its employees for services performed under the terms of this IFB or the contract. XIII. AWARD OF CONTRACT

Within forty (40) calendar days after the opening of bids, unless otherwise stated in the Notice to Bidders, ASPA will accept one of the bids in accordance with the section entitled “Basis of Award,” below. The acceptance of the bid will be by written Notice of Award, mailed or delivered to the office designated in the bid. In the event of failure of the lowest responsive, responsible bidder to sign and return the Contract with acceptable payment and performance bonds, as prescribed herein, ASPA may award the contract to the next lowest responsive, responsible qualified bidder. Such award, if made, will be made within ninety (90) days after the opening of bids. Before a Contract is finalized, ASPA may require the apparent low bidder to submit a complete statement of the origin, composition, manufacture and availability of replacement parts and services for any or all materials to be used in the work, together with samples. These samples may be subjected to the tests provided for in these Contract Documents to determine their quality and fitness for the work. XIV. PAYMENT

A. General. In consideration of the faithful performance of the Work prosecuted in accordance with the provisions of the Contract, ASPA will pay the Contractor in United States dollars for all such goods and services delivered or rendered pursuant to the Contract on the basis of percentage of completion for lump sum items and unit price for all other items, all as more particularly described in the Contract.

B. Partial Payments. Partial Payments may be made from time to time as provided in the Contract. Partial payments shall not be construed to affect the right, hereby reserved, of ASPA to reject the whole or any part of any work, should such work be later found not to comply with the provisions of the Contract. All estimated quantities of work for which partial payments have been made are subject to review and correction on the final estimate. Payment by ASPA and acceptance by the Contractor of partial payments based on periodic estimates of quantities of work performed shall not, in any way, constitute acceptance of the estimated quantities used as the basis for computing the amounts of the partial payments.

Before the first working day of each calendar month, the Contractor shall prepare a detailed estimate of the amount earned for the separate portions of the work for review and approval by ASPA. As used in this Section, the words "amount earned" means the value, on the date of the estimate for partial payment, of the work completed in accordance with the Contract and the value of approved materials delivered to the project site suitably stored and protected prior to incorporation into the work.

C. ASPA’s Right To Withhold Amount. In addition to any other amount which ASPA may otherwise retain hereunder or under the Contract, in the event the


successful bidder is in material breach of the Contract, ASPA may withhold all or part of any payment or payments otherwise due the Contractor if ASPA reasonably determines such additional withholding is necessary to ensure Contractor’s compliance with the agreed upon terms of the contract.

D. Qualification For Partial Payment For Materials Delivered. Materials, as used herein, shall be considered those items which are fabricated and manufactured material and equipment. Only those materials for which the Contractor can transfer clear title to ASPA will be qualified for partial payment. To receive partial payment for materials delivered to the site, but not incorporated in the work, it shall be necessary for the Contractor to submit to the Engineer, at least seven (7) days prior to the end of said month, a list of such materials. At his sole discretion, the Engineer will approve items for which partial payment is to be made. Invoices of suppliers must support the Contractor’s actual net cost for the materials. Proper storage and protection shall be provided by the Contractor, and as approved by an ASPA engineer. Final payment shall be made only for materials actually incorporated in the work and, upon acceptance of the work, all materials remaining for which advance payments had been made shall revert to the Contractor, unless otherwise agreed, and partial payments made for these items shall be deducted from the final payment for the Work. Partial payments will include surface shipping costs to American Samoa. Bills of lading will be provided by the Contractor to determine actual shipping costs. Partial payments shall not exceed sixty percent (60%) of material and shipping costs. No payment will be made for on-island transship-ment to work site.

XV. CONTRACTOR’S LICENSE Bidders who are not from American Samoa shall be licensed in accordance with the provisions of their respective state and country and shall be skilled and regularly engaged in the general type and size of work called for under this IFB. The selected bidder shall have an American Samoa Business license prior to execution of the Contract. Bidders from American Samoa shall be licensed in accordance with the American Samoa rules and regulations for Contractors. XVI. PRIMARY BIDDER

The award, if made, will be to a single Bidder. The selected primary Bidder will be responsible for successful performance of all subcontractors and support services offered in response to this Bid. Furthermore, ASPA will consider the primary Bidder to be the sole point of contact regarding contractual matters for the term of the Agreement. The Bidder must not assign financial documents to a third-party without prior written approval by ASPA, and an amendment to the resulting Agreement. XVII. SUBCONTRACTOR

Any Subcontractor that the Bidder chooses to use in fulfilling the requirements of this IFB, and which is expected to receive more than ten percent (10%) of the value of the Agreement, must also meet all Administrative, Business and Technical Requirements of the IFB, as applicable. Nothing contained in the resulting Agreement shall create any relationship between ASPA and any Subcontractors, and no subcontract shall relieve the Bidder of its responsibilities and obligations. The


Bidder is fully responsible to the ASPA for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by any of them. The Prime Bidder’s obligation to pay its subcontracts is an independent obligation from ASPA’s obligation to pay or to enforce the payment of any money to any subcontractor. Contractor is solely responsible for any payments to or claims made by subcontractor. The Contractor must not change Subcontractor(s) if such changes conflict with the work to be performed under this contract. ASPA recognizes that changes to Subcontractor(s) may be necessary and in the best interests of ASPA, however, advance notification of a contemplated change and the reasons for such change must be made to ASPA no less than ten (10) Business Days prior to the existing Subcontractor’s termination. If this should occur, the Contractor should be aware that ASPA Procurement Manager or designee must approve any changes to the subcontractor(s) prior to the termination of the existing Subcontractor(s).This also includes any changes made between submittal of the Final Bid and actual start of the contract. ASPA will not compensate the Contractor for any of the Contractor’s time or effort to educate or otherwise make the new Subcontractor(s) ready to begin work on the contract. XVIII. LISTING OF SUBCONTRACTORS All bids shall include the names of each firm to be engaged by the bidder as a subcontractor in the performance of the Contract. The nature and scope of work to be performed by such subcontractor shall also be included. ASPA shall not be responsible for payment to any joint contractor or subcontractor. ASPA only recognizes its contractual payment obligations to the successful bidder. XIX. PROOF OF COMPETENCY OF SUBCONTRACTOR Any bidder may be required to furnish evidence, satisfactory to ASPA, that proposed subcontractors have sufficient means, equipment, and experience in the types of work called for to assure completion of the contract in a satisfactory manner. XX. BUSINESS LICENSE All bidders shall be appropriately licensed in accordance with the territory, and/or country of the bidder’s origin and shall be skilled and regularly engaged in the general type and capacity of work called fo under this IFB. XXI. INSURANCE The Contractor shall obtain the insurance coverage designated herein and pay all costs associated therewith. Such insurance shall be for the coverage, amounts, and limits as set forth in subsection (a) below. Before commencing the Work, the Contractor shall furnish ASPA with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. The Contractor’s insurance shall be maintained for the full period of the Agreement. In the case of a breach of any provision of this section, ASPA, at its option, may take out and maintain, at the expense of the Contractor, such insurance as ASPA may deem proper and may charge the Contractor with such amounts due. Nothing contained in these insurance requirements is to be construed as limiting


the extent of the Contractor’s responsibility for payment of damages resulting from its operations under the Agreement.

A. During the term of the Agreement the Contractor shall maintain such public liability and property damage insurance, and automobile public liability and property damage insurance that shall protect the Contractor from claims for damage for personal injury, including accidental death, as well as from claims for direct property damage, which may arise from negligent operations under the Agreement, whether such operations are by itself or by a subcontractor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be as follows:

1. Workmen’s Compensation. The Contractor shall maintain such statutory amounts of workmen’s compensation insurance as are set forth in the American Samoa Code Annotated and American Samoa Administrative Code.

2. Employer’s Liability. The Contractor shall maintain employer liability insurance in the amount of Two Million ($2,000,000 USD).

3. Public/General Liability. Public/General liability shall include coverage for wrongful death claims, and shall not exclude coverage for explosion, collapse, or underground exposure.

a. The Contractor shall maintain public/general liability insurance covering third party bodily/personal injury in the amount of Five Hundred Thousand Dollars ($500,000 USD) per person/per occurrence with an aggregate of One Million Dollars ($1,000,000 USD).

b. The Contractor shall maintain public/general liability insurance covering property damage in the amount of Five Hundred Thousand Dollars ($500,000 USD) per person/per occurrence or coverage that is equivalent as currently available.

4. Automobile Liability.

a. Bodily/personal injury. The Contractor shall maintain automobile liability insurance covering third party bodily/personal injury in the amount of Five Hundred Thousand Dollars ($500,000 USD) per person/per occurrence with an aggregate of One Million Dollars ($1,000,000 USD).

b. Property damage. The Contractor shall maintain automobile liability insurance covering property damage in the amount of Five Hundred Thousand Dollars ($500,000USD) per person/per occurrence with an aggregate of One Million Dollars ($1,000,000 USD).

5. Builder’s Risk Insurance. Unless otherwise modified, the Contractor shall secure and maintain during the life of the Agreement, builder’s risk


insurance coverage for one hundred percent (100%) of the Agreement amount. Such insurance shall include coverage for earthquake, landslide, flood, windstorm, collapse, or loss due to results of faulty workmanship, and shall provide for losses to be paid to the Contractor and ASPA as their interests may appear.

XXII. MONTHLY REPORTS

In addition to any requirements specified in the SOW, the Contractor shall also provide a monthly report of services completed. Reports shall be submitted directly to the Engineering Services Division Project Manager for verification prior to sending to any other ASPA office including the Accounting Division. XXIII. BASIS OF AWARD

Award is made to the lowest responsive, responsible bidder providing the best value to the American Samoa Power Authority.

At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

ASPA will evaluate each bid to determine its responsiveness to the published requirements.

Unless the Materials Manager determines that satisfactory evidence exists that a “mistake” has been made, as set forth in Procurement Rule § 3-114, bidders will not be permitted to revise their Bids after bid opening. Negotiations are not allowed and price is the major determining factor for selection and award. XXIV. BID EVALUATION Each bid offer will be reviewed for exact conformity of the requirements in this IFB, known as a responsive bid. Information provided in/with the bid offer will be used to determine whether the interested bidder has the technical and financial capacity to deliver the goods or services, known as a responsive bid.

A. Experience. Submit the Statement of Qualifications, attached hereto as Exhibit D. Preference will be given to contractors with experience in concrete rehabilitation, wastewater treatment and pumping facilities, and SCADA systems and integration.

B. Contract Price. Complete the Bid Form in Attachment C.

XXV. QUALIFICATION OF BIDDER ASPA may make such investigations as it deems necessary to determine a bidder’s ability to enter into and perform the agreement, and the bidder shall furnish to ASPA such information and data for this purpose as ASPA may request, or the bidder may be deemed non-responsive. XXVI. MULTIPLE BIDS – COLLUSION If more than one bid is submitted by any one party or in the name of its clerk, partner or other person; all bids submitted by said party may be rejected by ASPA. This shall not prevent a bidder from submitting


alternate bids when called for. A party who has proposed prices on materials is not thereby disqualified from quoting prices to other bidders or from submitting a bid directly to ASPA. If ASPA believes that collusion exists among any bidders, none of the participants in such collusion shall be considered. Bids in which the contract prices are unbalanced or unrealistic may be rejected at ASPA’s sole discretion. XXVII. BIDDER’S UNDERSTANDING Each bidder must understand and acknowledge the conditions relating to the execution of the work and it is assumed that it will make itself thoroughly familiar with all of the Contract Documents prior to execution of the written contract. Each bidder shall inform itself of, and shall comply with, federal and territorial statutes and ordinances relative to the executing of the work. This requirement includes, but is not limited to, applicable regulations concerning protection of public and employee safety and health, environmental protection, historic preservation, the protection of natural resources, fire protection, burning and non-burning requirements, permits, fees, and similar subjects. ASPA has no information relative to the subsurface characteristic of the construction site. Information derived from topographic maps, or from plans showing location of utilities and structures will not, in any way, relieve Bidder from any risk, or from properly examining the site and making such additional investigations as it may elect, or from properly fulfilling the terms of the Bid Documents. XXVIII. AMERICAN SAMOA LICENSES, PERMITS, TAXES AND IMPORT DUTY

The Contractor shall be cognizant of and comply with all American Samoa Government (“ASG”) laws and ordinances pertaining to licenses, permits, tax structure and import duties. Additionally, the Contractor shall:

A. Have or obtain an ASG business and contractor’s license as may be required by applicable law to perform the required contractual work. Over-the-highway vehicles require American Samoa Licenses. Operator’s licenses are required;

B. Be cognizant that American Samoa is a protectorate of the United States located outside the jurisdiction of the U.S. Customs and U.S. Immigration Department. The Contractor’s equipment that will be returned to the United States will be subjected to customs or import duty unless properly manifested before shipment from the United States. Excise Tax on equipment to be incorporated into the project or used on this project may be waived upon written request. Should the Contractor elect to sell the equipment locally upon completion of the contract or to use the equipment for other than this project rather than shipping the equipment away from American Samoa, the equipment will then be subject to the appropriate duty rate. Equipment imported for use other than on this project is also subject to local tax; and

C. Comply with the Workmen’s Compensation Act and maintain a compliant Health and Safety Plan. A copy of this plan shall be provided to ASPA.

XXIX. ADDITIONAL AMERICAN SAMOA REGULATIONS


Bidders are advised of the following:

A. Foreign Labor. Contractors must exercise good judgment in recruiting skilled

foreign labor. Unskilled labor used on the project shall be American Samoa resident and/or granted permission by law to work in American Samoa. The Contractor shall conform to the current immigration laws and Codes of American Samoa.

B. Social Security for Aliens. Alien technicians brought in to perform the work will be required to register and receive a social security number if they do not already possess one.

C. Necessary Inoculations. Inoculations shall be as required by the United States Public Health Service. It will be the Contractor’s responsibility to determine that these inoculations are obtained prior to entry from any foreign country or possession.

D. Costs of Transportation. The Contractor will be expected to include in its bid, among other things, costs of transporting equipment, materials and personnel to and from American Samoa.

E. Labor and Material Furnished by ASPA. No labor will be furnished by ASPA. Certain materials and equipment may be made available to Contractor for its use and access, but only in the sole discretion of ASPA. Bidders should not assume when preparing bids that ASPA material and equipment will be available for their use.

F. Equipment and Project Warranty and Maintenance Requirements. All bids should include the cost of a one-year equipment and workmanship warranty, or length of warranty specified in the project specifications, attached hereto as Attachment M. Warranties shall include the cost of all parts, labor, equipment, shipping, and onsite visits to repair or replace any deficient equipment, material, or workmanship and include, at a minimum, at least one site visit by the contractor within 1 year of substantial completion ordered at ASPA’s sole discretion.

XXX. WITHDRAWAL OF BID

Any bid may be withdrawn prior to the scheduled time for the opening of bids by notifying ASPA in a written request. No bid may be withdrawn after the time schedule for opening of bids. XXXI. OPENING OF BIDS In accordance with ASPA Procurement Rule §3-110, bids will be opened and recorded on the assigned date and at the time indicated above at the Materials Management Conference Room located at the ASPA Tafuna Plant or in another place designated by the ASPA Procurement Manager in writing. XXXII. EXECUTION OF CONTRACT


The Contractor shall, after receiving the Notice of Award, sign a contract within ten (10) days and deliver to ASPA the contract, together with all other bonds or documents as required by ASPA. XXXIII. ASSIGNMENT

The Contractor shall not assign, transfer, convey or otherwise dispose of the award or the contract, or its right, title or interest therein, or its power to execute such contract, to any other persons, firms or corporations without the prior consent in writing of ASPA. XXXIV. TIME IS OF THE ESSENCE

Time is of the essence in completing the work to be performed under the contract. Delays and extensions of time will not be allowed, and a penalty fee of $500 per day shall be assessed for not meeting any of the milestones agreed upon between the ASPA Project Engineer and the contractor based on the project schedule and shall consist of (at a minimum) pre-construction submittals, equipment shipping, construction of major project components, and final training and start-up services.

XXXV. IFB CONDITIONS

This IFB does not commit ASPA to award a contract or to pay any cost incurred in the preparation of a bid. The American Samoa Power Authority reserves the right to:

A. Reject any bid for being non-responsive to bid requirements contained in this IFB or reject any non-responsible bidder;

B. Reject all bids and reissue an amended IFB;

C. Negotiate a contract with the bidder selected for award; and

D. Waive any non-material violations of rules contained in this IFB.

ASPA reserves the right to issue any addendum to this IFB. Bidders shall send ASPA a signed form confirming receipt of any addendum, and shall submit supporting/additional information as required by any addendum. In the event that a bidder fails to acknowledge receipt of any such addendum in the space provided, such bidder’s bid shall be considered irregular and will be accepted by ASPA only if it is in ASPA’s best interest, as determined by ASPA in its sole discretion. In the event that addenda are not received until after the bidder has submitted its bid, a supplementary bid may be submitted revising the original bid. Such supplementary bids must be received by ASPA prior to the scheduled time for opening of bids. Please note that no verbal information given will be binding upon ASPA unless such information is issued in writing as an official addendum. XXXVI. INDEMNITY PROVISION

The Contractor shall indemnify and hold harmless the American Samoa Power Authority and the American Samoa Government from and against any and all claims, damages, losses, and expenses including attorney’s fees arising out of or resulting from the performance of the work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease, death or damage to property of whatsoever nature, including the loss of use resulting therefrom, and whether or not is caused


in whole or in part by any negligent act or omission of the Contractor, its subcontractors, or anyone employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by the negligence of ASPA and/or the strict liability of ASPA, its agents and employees. XXXVII. REPRESENTATION REGARDING ETHICS IN PUBLIC PROCUREMENTS By submitting a bid, each bidder represents that it has not knowingly influenced and agrees that it will not knowingly attempt to influence any ASPA employee to breach any applicable ethical standards and represents that it has not violated, it is not violating and promises that it will not violate the prohibition against gratuities and kickbacks set forth in § 9-103 of the ASPA Procurement Rules or other applicable law. XXXVIII. REPRESENTATION REGARDING CONTINGENT FEES The bidder represents that it has not retained a person to solicit or secure an ASPA contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee; except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. XXXIX. COMPLIANCE WITH LAWS Bidders who are awarded a contract under this solicitation shall comply with the applicable standards, provisions and stipulations of all pertinent Federal and/or local laws, rules and regulations relative to the performance of this contract and the furnishing of goods. XL. AWARD, CANCELLATION, AND REJECTION Contract award shall be made to the responsible bidder submitting the lowest responsive bid. No other factors or criteria shall be used in the evaluation. ASPA reserves the right to waive any minor irregularities in the bid received. The Procurement Manager shall have the authority to award, cancel, or reject bids, in whole or in part for any one or more items if she determines it is in the best public interest. It is the policy of ASPA to award contracts to qualified bidders. ASPA reserves the right to increase or decrease the quantity of the items for award and make additional awards for the same type items based on the quotation prices for a period of thirty (30) days after the original award. XLI. BIDDER’S QUALIFICATION DATA

It is the intention of ASPA to award a contract only to the Contractor who is able to furnish satisfactory evidence that it has the requisite experience and ability and that it has sufficient capital, facilities and plant to enable it to perform the work successfully and promptly and to complete it within the term set forth in the contract. Each bidder shall submit as part of the total bid package, the following information:

A. Name of organization;

B. Address and phone number of home office, principal place of business and locations and contact information for any branch offices;


C. Type of business structure, e.g., corporation, partnership, joint venture, proprietorship;

D. Place of organization or state of incorporation;

E. Names and addresses for all owners for businesses other than corporations;

F. For corporations, list the names and addresses of directors, officers and stockholders with twenty percent (20%) ownership interest or greater;

G. Places, including individual states and territories of the United States, where registered as a foreign corporation;

H. Evidence of insurance coverage as required above. Prior to or concurrent with contract execution, the Contractor must provide ASPA with one or more certificates of insurance naming ASPA as additional insured on its Public/General Liability and Automobile policies.

I. List all countries and all states, territories and possessions of the United States in which similar work improving an existing wastewater treatment plant has been performed in the last ten (10) years, including:

1. Name of awarding agency or owner for which work was performed;

2. Nature and scope of contract, including total dollar value, demonstrated ability to successfully complete construction in remote locations with complex logistical problems, and demonstrated ability to utilize local labor largely untrained for the skills required on the project and for whom English may be a second language ;

3. Dates of performance;

4. Whether performance was completed within the specified time under the contract and, if not, why; and

5. Whether contract was performed under joint venture, and if so, with whom and under what arrangement.

J. The name or names of supervisory personnel employed on the work under this Contract, including the experience record for each that indicates the degree of responsibility and type of work supervised; and

K. The names and addresses of three references, at least one of which should be a bank or other lending institution, governmental agency or bonding company.

XLII. USE OF SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS.

All bidders must commit to taking affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible. Affirmative steps include:


A. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

B. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;

C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women’s business enterprises;

D. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women’s business enterprises; and

E. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce.

XLIII. COMPLIANCE WITH FEDERAL REGULATIONS The Work will be funded by one or more federal agencies. As such, all bidders must agree to comply with applicable federal laws and regulations, including, but not limited to (i) Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor Regulations (41 CFR chapter 60); (ii) the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3); (iii) the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5); (iv) Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5); and (v) applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S. C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency Regulations (40 CFR part 15).

XLIV. PROJECT FUNDING SOURCE

The funding source for this project is the Department of Interior (DOI).

XLV. VENUE AND CHOICE OF LAW A. Venue. The obligations of the parties hereto are performed in American Samoa,

and if legal action is necessary to enforce same, exclusive venue shall be within American Samoa.

B. Governing Law. This contract shall be governed by and construed in accordance

with the laws and case decisions of American Samoa.

XLVI. CONTRACT CONTROLLING.

In case of a discrepancy between this IFB and the formal contract, the formal contract will control.


ATTACHMENT A

BID TRANSMITTAL FORM Date: _________________________ AMERICAN SAMOA POWER AUTHORITY American Samoa Government To Whom It May Concern: The undersigned (hereafter called a Bidder), _________________________________________

(Corporation, Partnership or Individual) hereby proposes and agrees to furnish all the necessary information pertaining to:

IFB NO. ASPA15.1238.ESD-WW.Fagatogo Sewer Extension

PROJECT: FAGATOGO SEWER EXTENSION

In accordance with the Scope of Work (Attachment B), General Terms and Conditions, and other procurement requirements specified in this document for the prices stated in the itemized bid form(s) attached hereto, plus any and all sums to be added and/or deducted resulting from all extra and/or omitted work in accordance with the unit and/or lump sum prices stated in the itemized bid form attached hereto. The undersigned has read and understands the bid requirements, and is familiar with and knowledgeable of the local conditions at the island-wide location(s) where the work is to be performed. The Bidder has read the IFB Instructions and General Terms and Conditions attached to ascertain that all of the requirements (see boxes) of the bid are submitted in the bid envelope, with an original, one PDF electronic copy, and five (5) hard copies, at the date and time for bid opening. (See Page 8-9 of this document, “SPECIAL NOTICE TO PROSPECTIVE BIDDERS” to verify that all submittal requirement boxes have been checked). ______________________________ Signed Seal Date: _________________________________


ATTACHMENT B

SCOPE OF WORK General Information Fagatogo Sewer Extension:

A. Construction Survey B. Stake clearing limits and sewer main alignment. C. Clearing and grubbing along the sewer main alignment within clearing limits. D. Excavation and Installation of approximately 526 LF of 8" PVC SDR 35 pipe with restraint

joints. E. Excavation and installation of approximately 500 LF of 6" PVC SDR 35 with restraint joints. F. Excavation and installation of approximately 450 LF of 4" PVC SDR 35 service lines to

connect homes to the sewer collection system. G. Construction of pre-cast concrete sewer manholes along the sewer main per plans. H. Contractor to provide all necessary fittings, joints, restraints, and other required materials and

parts to connect homes to sewer collection system. I. Test new sewer extension (pressure test and full moon test) - Contractor is responsible for all

required tests. J. Decommissioned existing cesspools or septic systems and remove or buried in place with

good fill material. K. Miscellaneous demolition, removal and restoration work. L. Connect new sewer extension to existing ASPA collection system. M. Install and maintain BMPs throughout construction. N. Clearly define a safe access for pedestrians and local residents. O. Road stabilization and improvement along the main alignment. P. Provide As-Builts approved by a Registered Surveyor


ATTACHMENT C

BID FORM (Fagatogo Sewer Extension) IFB NO. ASPA15.1238.ESD-WW.Fagatogo Sewer Extension

In compliance with the above Invitation for Bids, the undersigned proposes to perform all work in strict accordance with the General Conditions, General Requirements, Technical Provisions, Schedules, Specifications for the Fagatogo Sewer Extension and Design and Construction Plans for the following amounts. Costs for each line item are to include; mobilization between different segments of the project site; equipment operator labor and related costs; and operation and maintenance costs.

DESCRIPTION EST.

QUANTITY

PRICE PER UNIT TOTAL PRICE

A. General 1. Mobilization (5% max) LS $ $ 2. 8" SDR 35 PVC 526 LF $ $

Provide 8" SDR 35 PVC, restraints, joints, fittings such as wyes and manhole adapters, and all necessary materials; complete installation with the specified bedding and shading materials, marker tape, and tracer wire. Contractor responsible for protection of pipe at water or other utility crossings where the minimum vertical or horizontal separation is not/or cannot be met.

3. 6" SDR 35 PVC 500 LF $ $


4. 4" SDR 35 PVC 450 LF $ $


5. Pre-cast concrete manholes (48" Standard) 7 EA $ $ Supply and install complete in place pre-cast manholes of different depths.

Manhole work include channeling, benching, grouting, and surface restoration per project engineer's instruction and per plans and specifications. All pipes connected to manholes shall have manhole adapters to prevent any leaks around the pipes.

6. Demolition and Removal LS $ $

Demolition and removal of any structural concrete or any bituminous material as necessary for the complete installation of the sewer extension. Contractor is responsible for the removal and proper disposal of materials.

7. Restoration LS $ $

Restore or replace any and all property and materials damaged during the construction of the sewer extension to meet or exceed original conditions.


8. Home Connections 10 EA $ $

Disconnect homes from existing septic systems and/or cesspools and decommissioned, pump, and remove or backfill /compact in place as directed by the project engineer with good fill material. Contractor shall provide all pipes, fittings, and joints to properly connect homes to sewer extension using "S" or "P" traps.

9. Construction Survey and As-Builts LS $ $

Contractor shall be responsible for site survey work, utility toning, and flagging as required to constuct the facilities and improvements shown in the construction plans. Contractor shall be responsible to confirm the locations of all above ground and below ground utilities by survey, toning or exploration methods and shall be responsible for any damage to existing facilities and repair as needed. The final as-built survey shall be conducted by a Registered Land Surveyor provided by the contractor to record the as-built location of all facilities and improvements installed. The as-built survey information shall be recorded during construction for any underground improvements to ensure that the accurate locations of these facilities are recorded before being buried. The contractor as-built survey and information turned over to ASPA shall be accurate to within 0.1'.

Sub-Total $

Total Base Bid : _______________________________________________________ (Written in Words)

$______________

DESCRIPTION EST. QUANTITY PRICE PER UNIT TOTAL PRICE

B. Alternate Bid Items

1. Double Cleanouts 7 EA $ $

Provide and install complete in place all materials for double cleanouts in place of the concrete manholes. Contractor shall supply all necessary fittings to properly construct double cleanouts. Contractor shall supply all riser pipes and cast iron boxes for the cleanouts.

2. 600' x 12' (4" Thick; 4000 psi concrete mix - no site mix allowed) 665 Mesh Wire Reinforced Concrete Road

600 LF $ $


Construct a concrete reinforced road at the proper grades and elevations to stabilize about 600 LF of the sewer extension alignment.

Total Alternate Bid : _______________________________________________________ (Written in Words)

$______________


ATTACHMENT D

BIDDER’S QUALIFICATIONS SHEET

(Please Print or Type and Complete All Sections. An incomplete section will be considered non-responsive. Use additional sheets if necessary.)

1. Name of Bidder __________________________________________________ 2. Name of Official Representative ______________________________________ 3. Business Address/e-mail ______________________________________________________________________ ______________________________________________________________________ 4. Telephone, Fax and Official Contact Person ______________________________________________________________________ ______________________________________________________________________

5. Type of Business Structure (Please check) ____ Corporation ____ Partnership ____ Joint Venture ____ Proprietorship NOTE: Corporations must complete the recordation of their Articles of Incorporation, which is

evidenced by the Certificate of Incorporation issued by the Treasurer of the American Samoa Government. Copies of partnership agreements and articles of incorporation should be submitted to the Revenue Branch along with this application form and relevant documents. Aliens cannot operate sole ownership enterprises, and partnerships with aliens are subject to review by the Immigration Board.

6. Number of years the Bidder has been engaged in its current company business under the present

firm name indicated ___________________________________________ 7. Type of work generally performed by Bidder

8. List all major projects of a similar nature, including at least one in which improvements were made to an Sewer Extension Project , which have been completed by the Bidder within the last ten (10) years, the total dollar amount of each project and the owner/contact person as a reference (attach additional sheets as necessary).


• Order Name _______________________________________________________ Date Completed_____________________Total Order Cost $________________ Name of Owner_____________________________________________________ Owner’s phone number_______________________________________________



• Order Name _______________________________________________________

Date Completed_____________________Total Order Cost $________________ Name of Owner_____________________________________________________ Owner’s phone number_______________________________________________

9. Bidder has how many employees working for his or her company?

10. Have you ever sued or been sued by any Government Agency?

11. If so, name the agency and reasons thereof 12. If so, state case settlement, if settled 13. What type of equipment does your company own and which equipment will you utilize for this

project:

14. Business and Contractor’s License must be submitted with Bid.



ATTACHMENT E

DISCLOSURE STATEMENTS

This form must be completed by all bidders and submitted with the bid. I _____________________________________________________________________ (Name of owner or partner- all partners must complete a form) of ______________________________the Bidder, that has submitted the attached bid: (Name of company)

(Complete one of the two following statements) 1. I have no immediate relatives (parents, children or siblings) who are currently employed by the

American Samoa Power Authority (ASPA) or the American Samoa Government (ASG)

______________________________________________________________________ (Signed) (Title)

2. I have immediate relatives (parents, children or siblings) who are currently employed by ASPA

or the ASG. Their names and positions in are as follows.

Name Relationship to Bidder Position in ASPA

____________________________________________________________ (Signed) (Title) Note: It is not against ASPA procurement rules for the relatives of government employees to bid on and

receive government contracts provided they disclose such relationships at the time of bidding.


ATTACHMENT F

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

___________________________________being first duly sworn deposes and says that: 1. He/She is____________________________________________________________ (Owner, Partner, Representative or Agent) of__________________________________________________________________ ___ the Bidder that has submitted the attached bid. 2. He is fully informed regarding the preparation and contents of the attached bid and of all pertinent circumstances regarding such bid. 3. Such bid is genuine and is not a collusive or false bid. 4. Neither the said Bidder nor any of its officers, partners, owner, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or false bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against American Samoa Power Authority or any person interested in the proposed Contract; and 5. The price or prices quoted in the attached bid are fair and proper, and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agent’s representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) Subscribed and sworn to before me This day of , 2014 ________________________ _______________________ (Signed) (Title) My Commission expires ____________________________, 2014


ATTACHMENT G

BID BOND SECURITY INSTRUCTIONS

The Bid Bond Security in the sum of 10% of the total bid amount must accompany each Bid and shall be furnished to the American Samoa Power Authority as a guarantee and will be retained until the written contract between the Contractor and ASPA is executed and the performance and labor and materials payment bonds are furnished by the Contractor. If the Contractor fails to enter into a written contract, ASPA will retain the Contractor’s Bid bond as liquidated damages, but not as a penalty.


ATTACHMENT H

BID BOND SECURITY FORM KNOW ALL PERSONS BY THOSE PRESENT that ______________________________, as

Principal, hereafter called the “Principal,” and ________________________, a duly admitted insurer

under the laws of the Territory of American Samoa, as Surety, hereinafter called the “Surety”, are held

firmly bound unto the American Samoa Power Authority (ASPA) for the sum of

______________________________________ dollars ($ ________________), for payment of which in

lawful money of the United States, will and truly to be made, the said Principal and the said Surety binds

themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by

these presents.

The condition of the above obligation such that, whereas the Principal has submitted a bid for: 1. The Fagatogo Sewer Extension focuses on the new construction of the 8" gravity sewer main extension to serve homes behind the Police Station Building in Fagatogo on the island of Tutuila in American Samoa. Improvements include the installation of approximately 526 LF of 8” SDR 35 PVC, approximately 500 LF of 6” SDR 35 PVC, approximately 450 LF of 4" SDR 35 PVC, and all fittings and appurtenances for SDR 35 PVC pipes, which shall be furnished and installed by the selected bidder to successfully connect the approved homes to the ASPA sewer collection system. Due to the rapid incline of the slopes, pipe joints must be mechanically restraint. Upon connection of these homes to the sewer collection system, the existing cesspools or septic tanks will be decommissioned, pumped out, and either removed or backfilled in place as approved by the ASPA Project Engineer. The successful bidder will also supply and provide seven (7) - 48" diameter sewer concrete manholes complete and installed in place. In the case that the bid alternate will be implemented, double cleanouts will be used instead of the concrete manholes for accessibility during clean up or servicing of the lines. As part of this project, the road where the sewer main will be installed shall be graded, stabilized, and improved upon. The successful bidder shall be responsible for all required tests on the construction materials (densities, compression tests, etc...) and on the new sewer line (hydrostatic test and "full moon" lamp test). The ASPA Project Engineer, or ASPA's Project Inspector, should be notified and present for any and all applicable tests. All improvements shall and will be planned and performed per signed contract, approved construction plans, specifications, and all applicable documents pertaining to the Fagatogo Sewer Extension. It shall be the successful bidder's responsibility to have clear and safe access for pedestrians and especially the local residents of the immediate area. The successful bidder shall and will take good measures to implement Best Management Practices (BMP) during and at all times of the construction. The successful bidder shall perform all removal, relocation, reinstallation, and replacement works as shown on the approved construction plans and as deemed necessary for the successful completion of the Fagatogo Sewer Extension. All damaged properties as a result of the improvements under the signed contract shall be restored by the Contractor at the Contractor's expense to meet or exceed their original state. A partnering relationship is strongly encouraged amongst all involved and applicable parties.


All of the above shall be agreed upon as set forth in the IFB NO. ASPA15.1238.ESD-WW.Fagatogo Sewer Extension

Now therefore, if ASPA shall accept the bid of the Principal as the apparent lowest and best responsible

bidder, the Principal shall do the following:

1. Enter into a written contract, in the form prescribed by ASPA, in accordance with the terms of

the IFB and the Principal’s bid;

2. File a bond with ASPA to guarantee faithful performance and payment, as may be required by the

Contract Documents; and

3. Furnish certificates of insurance and all other items as required by the IFB and the Contract

Documents.

In the event of the failure of the Principal to enter such contract, furnish such bonds, or furnish certificates

of insurance and all other items as required by the Contract Documents, the Principal shall immediately

pay to ASPA the amount hereof.

[Signature Page Follows]


IN WITNESS WHEREOF, we have hereunto set our hands on this bid bond this _________ day of

______________________, 2014.

Principal: Surety:

(Name of Firm) (Name of Firm)

By: By:

Name: Name:

Title: Title:

By: By:

Name: Name:

Title: Title:

Resident Agent:

By:

Name:

Title:

Address for Notices: Address for Notices:

NOTE: The signature of the person executing this Bid Bond must be notarized. If an attorney-in-fact executes the bid bond on behalf of the surety, a copy of the current power of attorney bearing the notarized signature of the appropriate corporate officer must also be included with the bid bond.


ATTACHMENT I

DESIGN AND CONSTRUCTION PLANS FAGATOGO SEWER EXTENSION

(Provided separately with IFB package)