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HomeMy WebLinkAbout4.355 Original ContractAMENDMENT OF SOLICITATION /MODIFICATION OF CONTRACT 2 1 /MODIFICATION NO 3 EFFECTIVE DATE 4 REQUISITION /PURCHASE REQ NO 5 PROJECT NO (If applicable) 4,{ 02/05/2004 See Lines CODE I 95000 6 15ZfJED BY PWR OLYM Olympic National Park 600 East Park Ave Port Angeles, WA 98362 -6798 8. NAME AND ADDRESS OF CONTRACTOR (No street, county, State and Zip Code) City of Port Angeles 321 E 5th Street,P 0 Box 1150 Port Angeles, WA 98362 CODE (FACILITY CODE 1 Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods (a) By completing Items 8 and 15, and returning copies of the amendment, (b) By acknowledging receipt of this amendment on each copy of the offer submitted, or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified 12 ACCOUNTING AND APPROPRIATION DATA (If required) See Line Item Detail CHECK ONE A Q The above numbered solicitation is amended as set forth in Item 14 The hour and date specified for receipt of Offers D OTHER (Specify type of modification and authority) E IMPORTANT Contractor NSN 7540 -01- 152 -8070 PREVIOUS EDITION UNUSABLE Is not, Except as provided herein all terms and conditions of the document referenced in Item 9A or 15A NAME AND TITLE OF SIGNER (Type or print) Glenn A.0 t Irecior', D ept.uF QJb4C r ()lorts JCONI]�tAC1WR /OFF &R) 15C D TE SIGNED 15B 4 4/1/ (Signature of person authorized to sign) 17 ADMINISTERED BY (If other than Item 6) PWR OLYM Olympic National Park 600 East Park Ave Port Angeles, WA 98362 -6798 11 THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS 13 THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS /ORDERS IT MODIFIES THE CONTRACT /ORDER NO AS DESCRIBED IN ITEM 14 B THE ABOVE NUMBERED CONTRACT /ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43 103(b) C THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF X is required to sign this document and return 2 1 CONTRACT ID CODE 9A AMENDM T QF 9B DATED (SEE ITEM 11) (X) 10A MODIFICATION OF CONTRACT /ORDER NO C9500010245 (X) 10B DATED (SEE ITEM 13) is extended, THIS CHANGE ORDER IS ISSUED PURSUANT TO (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO IN ITEM 10A Federal Acquisition Regulation 52 243 01 "Changes, Fixed Price Alternate I (Apr 1984) copies to the issuing office 10A as heteiofore chanoeo remains unchanged and In full force and effect 16A NAME AND TITLE OF CONTRACTING OFFICER (Type or print) Sandra A Thomas 16B Unit States Sta of America 13Y yL4 Z•n K'} rt tr'� (Signature of Contracting Officer) q, -355 -2aO4 Page 1 of 18 -CODE' 951100 DUPLICATE ORIGINAL is not extended 14 DESCRIPTION OF AMENDMENT /MODIFICATION (Organized by UCF section headings, including solicitation /contract subject matter where feasible See Attached 16C DATE SIGNED 1/9/c STANDARD FORM 30 (REV 10 -83) Prescribed by GSA FAR (48 CFR) 53 243 STATEMENT OF WORK "DESCRIPTION OF WORK It is the intent of this contract to provide reasonable ieimbuisement to the City of Port Angeles for direct costs incurred studying and preparing water supply mitigation options associated with the Elwha River ecosystem restoration The contract will provide the mechanism to reimbursement to the City for diect costs incurred pnoi to January 1, 2003. as follows A Contract Line Item 0001 Direct Subcontractor Costs Associated With Elwha Dam Project 1 CH2M Hill 2 CH2M Hill 3 CH2M Hill 4 CH2M Hill 5 CH2M Hill 6 CH2M Hill 7. CH2M Hill 8 CH2M Hill 9 CH2M Hill 10. CH2M Hill 11. CH2M Hill 12. CH2M Hill 13 CH2M Hill 14 Foster, Pepper Sheffelman 15 Foster, Pepper Sheffelman 16. Foster, Pepper Sheffelman 17. Foster, Pepper Sheffelman 18. Foster, Pepper Sheffelman 19 Foster, Pepper Sheffelman 20. Foster, Pepper Sheffelman 21 Foster, Pepper Sheffelman 22 Foster, Pepper Sheffelman 23. Preston, Gates Ellis L L P 24. Thomas Pors, Attorney 25. Thomas Pors, Attorned 26. KP Consulting Serrices 27 KP Consulting Seri -ices B. Contract Line Item 0002 Dnect Labor Costs Associated With the Elwha Dam Project 1. City Attorney's Office Cr aig Knutson Administrative Assistants Jeannie DeFi ang Diana Lusby 3/25/91 4/24/91 1 0/21/97 7/28/00 6/30/00 10/18/00 9/30/00 10/17/00 10/28/00 11/24/00 11/25/00 12/29/00 12/30/00 01/26/01 1/27/01 03/02/01 03/03/01 03/30/01 03/31/01 04/01/01 07/01/01 12/31/01 01/01/02 03/31 /02 04/01/02 12/31/02 11/30/98 2/18/00 3/21/00 8/16/00 9/13/00 10/23/0 10/05/00 10/16/00 11/07/00 1 1/14/00 12/08/00 12/12/00 01/11/01 01/23/01 03/03/01 03/05/01 07/01/01 12/31/01 07/01/01 12/31/01 07/01/01 12/31/01 04/01/02 12/31/02 07/01/01 12/31/01 01/02/02 03/31/02 1,073 50 houis 31 20 hour s 33 00 hours 38 25 hours 2 Public Works Utilities Department Director Jack Pims 325 00 houis Dir ector Glenn Cutler 456 00 hours City Engineer Gary Kenworthy 151 00 hours Utility Engineer Stephen Speri 1.303 00 hours City Engineer Bob Titus 10 00 hours CADD Bill Hale 335 00 hours Pei mit Cool dinatoi 8 00 houis Tierra Funston Admin Assistants Phyllis Raslei 91 50 hours Cate Rinehart 10 00 hours Linda Gunderson 2 75 hours Water Quality Technician 5.492 81 68,645 23 20,927 20 2,603 99 4.114 15 5,484 61 2,687 61 9,337.91 1,145 62 243 37 4,996 37 378 15 378 15 2,930 09 13,144 44 1,800 00 378.22 857 84 457 58 588 14 795 00 1,204 01 813 02 160 70 1,260 50 915 00 75 00 $47,118 53 556 29 714 17 668 04 14.607 04 14.607 04 5,786 01 47.074 04 396 80 6,915 11 200 68 1.736 18 218 59 56 20 to a r 10 CH2M Hill s 11 CH2M Hill 12 CH2M Hill 13 Foster, Peppei Sheffelman 14 Fostei. Peppei Sheffelman 15 Foster, Peppei Sheffelman 16 Foster. Pepper Sheffelman 17 Fostei, Peppei Sheffelman 18 Fostei, Pepper Sheffelman 19 Foster, Pepper Sheffelman 20 Fostet, Peppei Sheffelman 21 Fostei. Pepper Sheffelman 22 Preston, Gates Ellis LLP 23 Thomas Pors, Attorney 24 KP Consulting Seivices 25 KP Consulting Seivices 13 Conti act Line Item 0002 Dnect Laboi Costs Associated With the Elwha Dam Pi wet l City Attorney's Office Ciaig Knutson Administrative Assistants Jeannie DeFiana Diana Lusby 03/31/01 04/01 /01 07/01/01 12/31/01 01/01/02 03/31/02 11/30/98 2/18/00 3/21/00 8/16/00 9/13/00 10/23/0 10/05/00 10/16/00 11/07/00 11/14/00 12/08/00 12/12/00 01/11/01 01/23/01 03/03/01 03/05/01 07/01/01 12/31/01 07/01 /01 12/31/01 07/01/01 12/31/01 07/01 /01 12/31 /01 01/02/02 03/31/02 945 75 hours 31 20 hours 25 50 hours 29 25 hours 2 Public Works Utilities Department Diiectoi Jack Pittis 325 00 hours Dnector Glenn Cutlei 293 00 hours City Engmeei Gaiy Kenworthy 151 00 hours Utility Engineer Stephen Sperr 981 00 hours City Engmeei Bob Titus 10 00 houis CADD Bill Hale 335 00 hours Permit Cool dinatoi 8 00 hour s Ti enia Funston Admm Assistants Phyllis Raslei 86 0 hours Cate Rinehart 10 0 houis Water Quality Technician Terry Siebens 5 0 hours Joseph Johnson 4 0 hours Andiew Kenyon 2 0 hours Water Supervisor Equipment Chai ges 3 Planning Department Dnector Bi ad Collins Admnnstiative Assistant Sue Robards 4 Office of the City Manage] City Managei Jack Pomerantz City Manager Panick lbarra City Mange] Mike Quinn Administrative Assistant Sam Martin 5 Finance Depai anent Kay Godbv Yvonne Ziuomkowski Kai en Papandi Karen Asquith 160 50 hours 8 03 hour s 270 00 hours 10 00 hours 100 00 hour s 19 00 hows 40 00 hours 6 00 hours 46 48 hours 30 00 limns 243 37 4,996 37 378 15 2,930 09 13.144 44 1.800 00 378 22 857 84 457 58 588 14 795 00 1,204 01 813 02 160.70 91500 75 00 $45,266 34 556 29 705 56 614 90 14,607 04 20,224 11 5,786 01 38.227 06 396 80 7.629 35 200 68 1.736 18 218 59 130 64 85 61 42 80 27,337.87 1,730 00 8 7,526 68 207 22 14,944 50 508 56 10,270 18 483 00 1.488 00 200 88 291 15 995 17 ontr act /Modification No C9500010245/0003 14 DESCRIPTION OF MODIFICATION (Continued) It has been detei mined necessary and m the best Interest of the Government to modify the subject contract to provide for reimbursement to the contractor foi addnonal direct costs incurred studying and prepar water supply mitigation options associated with the Elwha Rivei ecosystem restoration Accoidingly. the contract is modified in the following manner only all other terms and conditions of the original contract remain in full foice and effect A The following additional costs are added to Conti act Line Item No 0001 Direct Subc Costs Associated With Elwha Dam Pr oject 04/01/02 12/31/02 378 15 04/01/02 12/31/02 1,760 50 p B The following additional Costs aie added to Contract Line Item No 0002 Dnect Labor Costs Associated With the Elwha Dam Project to 1 CH2M Hill 2 Thomas Pors, Attorney 1 City Attorney's Office Cr aig Knutson Administrative Assistants D Lusby 2 Public Works Utilities Department Dn ector Glenn Cutler Utility Engineer Stephen Sperr Admen Assistant Linda Gunderson Water Quality Technicians J Johnson 3. Planning Department Dnector Brad Collins Administrative Assistant Sue Robaids 4 Office of the City Manager City Mangei Mike Quinn Administrative Assistant Sam Martin 04/16/02 12/31/02 08/18/02 12/31/02 04/14/02 12/31/02 04/14/02 12/31/02 04/30/02 12/31/02 06/09/02 12/31/02 04/30/02 12/31/02 04/30/02 12/31/02 04/01/02 12/31/02 1,852 15 53 14 3,024 26 1,923.21 56 20 42 80 283 39 7 06 2,422 21 04/01/02 12/31/02 41 80 C The following additional costs aie added to Contract Line Item No 0004 City of Port Angeles Administrative Indirect Overhead Costs Associated With the Elwha Dam Project 15 5% $1,826 75 D The following additional costs are added to Conti act Line Item No 0005 City of Port Angeles, Public Works and Utility Department lndnect Overhead Costs Associated With the Elwha Dam Pioject �i), 29 97% $2,911 83 F Contract Section B. Line Item No 0001 is chanted to read from "0001 Direct Subcontractor Costs Associated 0001 04 /30/2002 1 00 job $150.194 130 $150,194 13 With Elwah Dam Pi oleo' "0001 Dnect Subconuactoi Costs Associated 0001 04/30/2002 1 00 lob 5152.653 58 $152,653.58 With Elwah Dam Pio)ect' G. Contract Section B, Line Item No 0002 is changed to read fiom ."0002 Direct Labor Costs Associated With the 0002 04/30/2002 1 00 job 8204.694 93 $204,694 93 Elwha Dam Project" to: "0002 Direct Labor Costs Associated With the 0002 04/30/2002 1 00 job $214,413 76 $214,413 76 Elwha Darn Project" H Contract Section B, Line Item No 0004 is changed to lead fiom "0004 City of Port Angeles Administrative 04/30/2002 1 00 job 855.801 25 $55,801 25 lndnect Overhead Costs Associated With the Elwha Dam Pioject" to: "0004 City of Port Angeles Administrative 04/30/2002 1 00 job 857.628 00 $57.628 00 Indnect Overhead Costs Associated With the Elwha Dam Pioject" I. Contract Section B, Line Item No 0005 is changed to read fiom. "0005 City of Port Angeles, Public Works and Utilities Department indirect Overhead Costs Associated With The Elwha Dam Project to: "0005 City of Port Angeles, Public Works and Utilities Department indirect Overhead Costs Associated With The Elwha Dam Project J Contract Section C, Part C 1 STATEMENT OF WORK is changed to read from "C.1 STATEMENT OF WORK DESCRIPTION OF WORK 12/30/2002 1 00 job $61,348 75 $61,348 75 12/30/2002 1 00 job $63,175 50 $63,175 50 It is the intent of this contr act to provide reasonable ieimbursement to the City of Port Angeles for dnect costs incurred studying and preparing water supply mitigation options associated with the Elwha River ecosystem restoration The contract will pi 0' ide the mechanism to ]ennbuisement to the City for dnect costs incurred prior to March 31, 2002, as follows A Contract Line Item 0001 Dnect Subcontiactor Costs Associated With Elwha Dam Project 1 CH2M Hill 2 CH2M Hill 3 CH2M Hill 4 CH2M Hill 5 CH2M Hill 6 CH2M Hill 7 CH2M Hill 8 CH2M Hill 9 CH2M Hill 3/25/91 4/24/91 10/21/97 7/28/00 6/30/00 10/18/00 9/30/00 10 /17/00 10/28/00 11/24/00 11/25/00 12/29/00 12/30/00 01/26/01 1/27/01 03/02/01 03/03/01 03/30/01 5.492.81 68.645 23 20,927 20 2.603 99 4,114 15 5.484 65 2.687 61 9.337 91 1,145 62 it. Terry Siebens 5 00 hours 130 64 t Joseph Johnson 6 00 hours 128 41 Andrew Kenyon 2 00 hours 43 34 CADD Bill Hale 24 00 hours 748 32 Water Supervisor 27.337 87 Equipment Charges 1,730 00 to 3 Planning Department Dmector Bad Collins Adnnistrative Assistant Sue Robaids 4 Office of the City Manager City Manager Jack Pomerantz City Manager Patrick Ibarra City Mangei Mike Quinn Administrative Assistant Sam Martin 5. Finance Department Kay Godby Yvonne Zniomkowski Karen Papandrew Karen Asquith 182 50 houis 23 78 hours 270 00 hours 10 00 hours 228 50 houis 25 O0houis 40 00 houis 6 00 houis 46 48 hours 30 00 hours 6.978 28 875 49 14,944 50 508 56 9,770 09 524 80 1,488 00 200 88 291 15 995 17 C Contract Line Item 0003 Miscellaneous Charges Associated With the Elwha Dam Project 1. Travel 7,008 32 2. Telecommunications a. Speaker Phone 1.150 21 b. QWest conference Calls 2,131 80 D Contract Line Item 0004 City of Port Angeles Administrative lndnect Overhead Costs Associated With the Elwha Dam Project 15.5% $57,215 52 E. Contract Line Item 0005 City of Port Angeles. Public Woiks and Utility Department Indirect Oveihead Costs Associated With the Elwha Dam Project a), 29.97% $64.260 58 C. Contract Line Item 0003 Miscellaneous Charges Associated With the Elwha Dam Project 1 Travel 7,008 32 2 Teleconnmunications a Speaker Phone 1,150 21 b QWest conference Calls 2.131 80 D Contract Lme Item 0004 City of Port Angeles Administrative lndnect Overhead Costs Associated With the Elwha Dam Project 15 5% $57,21.5 52 E. Contract Line Item 0005 City of Port Angeles, Public Woiks and Utility Department lndnect Overhead Costs Associated With the Elwha Dam Project a 29 97% $64.260 58 1 In order to facilitate completion of work and payment to the Connactot the contract completion date is hereby extended fiom Apr rl 30. 2002. to September 30. 2004 L The total conu act award amount is i nci eased in the amount of $10.593 05 fiom 8482.329 39 to 8498.922 44 M The total contact obligaied rs heicbv incr eased in the amount of 516.593 05 lion] 8482. 329 39 to S498.922 44 Line Rem Summary Total Funding: 8498,912 84 Document Number C9500010245/0003 F4/'s Fund Budget Org Sub Object Class Sub Program Cost Org Sub Proj/Job No. Sub Reporting Category See Line Item(s) Division Closed FYs Line Item Number Description 0001 Direct Subcontractor Costs Associated 0001 12/30/2002 1 00 job $152,332.780 152,332 78 With Elwha Dam Project (See Section C for Detail) Ref Req No R9500010245 Funding Information 2004 9500 252Z 529 0243 $2,138 65 2001 9500 252Z 477 0071 $112,939 77 2002 9500 252Z 477 0071 $28,712 11 2003 9500 252Z 529 0243 $8,542 25 Cancelled Fund Title Page R9500010245 P A Conti act Costs 2 of 18 CLIN Delivery Date Ref (Start Date to End Date) Quantity Unit of Issue Total Cost Unit Price (Includes Discounts) Line item Su;nmary Total Funding: 8498,912 84 Ft's Fund Budget Org Sub Object Class Sub Program Cost Org Sub Prot /Job No Sub Reporting Category See Line Item(s) Division Closed FYs (See Section C for Detail) Ref Req No R9500010244 Funding Information 2004 9500 252Z 529 0243 $9,706 22 2001 9500 252Z 477 0071 $100,881 47 2002 9500 252Z 477 0071 $67,684 43 2003 9500 252Z 529 0243 $36,129.03 Document Number Title C9500010245/0003 R9500010245 P A Conn act Costs Cancelled Fund Line Item CLIN Delivery Date Number Description Ref (Start Date to End Date) Quantity Unit of Issue Unit Price Page 3 of 18 Total Cost (Includes Discounts) 0002 Direct Labor Costs Associated With the 0002 12/30/2002 1 00 job $214,401 150 214,401 15 Elwha Dam Project Line Item Summary Total Funding: 8498,912 84 Fund Budget Org Sub Object Class Sub Program Cost Org Sub Pro) /Job No. Sub Reporting Category See Line Item(s) Division Closed FYs Line Item CLIN Delivery Date Unit of Number Description Ref (Start Date to End Date) Quantity Issue 0003 Miscellanous Charges Associated With 0003 12/30/2002 1 00 lot $10,290 330 the Elwha Dam Project (See Section C for Detail) Funding Information 2001 9500 252Z 477 0071 $5,132 26 2002 9500 252Z 477 0071 $2,408 16 2003 9500 252Z 529 0243 $2,749 91 0004 City of Port Angeles Administrative 0004 12/30/2002 1 00 job $57,628 000 57,628 00 Indirect Overhead Costs Associated With the Elwha Dam Project Funding Information 2004 9500 252Z 529 0343 $1,826 75 2002 9500 252Z 529 0243 $48,506 56 2003 9500 252Z 529 0243 $7,294 69 Document Number Title 09500010245/0003 R9500010245 P A Conti act Costs Cancelled Fund Page 4 of 18 Total Cost Unit Price (Includes Discounts) 10,290 33 Line Item Sthnmary Total Funding: 8498,912 84 Document Number 09500010245/0003 Title Page R9500010245 P A Conti act Costs 5 of 18 Pits Fund Budget Org Sub Object Class Sub Program Cost Org Sub Prot /Job No Sub Reporting Category See Line Item(s) Division Closed FYs Line Item CLIN Delivery Date Number Description Ref (Start Date to End Date) Quantity the Elwha Dam Project Funding information 2004 9500 252Z 529 0243 $2,911 83 2002 9500 252Z 529 0243 $50,519 20 2003 9500 252Z 529 0243 $10,829 55 Cancelled Fund Unit of Issue Unit Price Total Cost (Includes Discounts) 0005 City of Port Angeles, Public Works and 0005 12/30/2002 1 00 job $64,260 580 64,260 58 Utilities Department Indirect Overhead Costs Associated With Total Cost: $498,912 84 Line Item Detail Detail Line Item Number 0001 Funding Description Diiect Subcontractor Costs Associated With Elwha Dam Piolect Ref Reg No: R9500010245 Contract Type* Fixed -Pi ice Delivery Date 12/30/2002 Period of Performance Extended Description: (See Section C foi Detail) Description Company: Prod /Cat Number Drawing Number Spec Number Serial Number Piece Number Funding Strip 2004 9500 252Z 529 Title Document Number Page R9500010245 P A Contract Costs C9500010245/0003 6 of 18 0743 Ship Invoice Code Code 0001 0001 Model Number NSN• Recycled Product Color: Size Unit of Total Cost Quantity Issue Unit Price (Includes Disc; Line Type' Pi iced Period Type Base Pet rod Product /Service Code' R499 SIC Code NAICS Code: 541330 1 00 job 5152,332 780 1 52,332 78 Pricing Estimates Base Fee. 000 Min. Profit Fee• 000 Quantity 000 Est Cost: 000 Award Fee 000 Max. Profit Fee 000 Min Quantity 000 Est Cost Low: 000 Fixed Fee 000 Target Profit Fee 000 Max Quantity 00(1 Est Cost High: 000 Ceiling 001) Taxes 000 Variation in Target Cost: 000 Quantity 000 Target Price: 000 Expiration Date Inspection /Acceptance Location: Other Level: Funded Amount 2.138 05 Line Item Detail -w F.O.B. DESTINATION Additional Markings: Title Funding Funding Strip 2001 9500 252Z 477 0071 2002 9500 252Z 477 0071 2003 9500 252Z 529 0243 Address Information Document Number R9500010245 P A Contract Costs C9500010245/0003 Expiration Date Funded Amount 112,939 77 28,712 11 854225 Page 7 of 18 Line Item Detail Detail Lme Number Description Ref Req No: R95000IO244 Contract Type. Fixed ice Delivery Date: 1 2 /30/2002 Period of Performance• Extended Description (See Section C foi Detail) Description Company• Prod. /Cat Number Drawing Number. Spec Number: Serial Number Piece Number: Pricing Base Fee Award Fee Fixed Fee Ceiling Funding (100 000 U00 000 Funding Strip 2004 9500 252Z 529 Title R9500010245 P A Contract Costs Min Profit Fee Max Profit Fee Target Profit Fee Taxes 0 Ship Invoice Code Code 0002 Dnect Laboi Costs Associated With the Elwha 0001 0001 Dam Piolcct Model Number NSN• Recycled Product Color. Size Document Number Page 09500010245/0003 Line Type. Pi iced Period Type Base Period Product /Service Code: R499 SIC Code NAICS Code. 541330 Estimates 000 Quantity 000 Min Quantity 000 Max Quantity 000 Variation in Quantity Quantity Unit of Issue 100 job 000 000 000 000 8 of 18 Unit Price S214,401 150 Inspection /Acceptance Location: Level Est Cost: Est Cost Low. Est Cost High: Target Cost: Target Price: Expiration Date Funded Amount 9.706 22 Total Cost (Includes Disc; S 214,401 15 000 000 000 000 000 Line Item Detail Detail Lirie Item Number 0003 Pricing Base Fee: Award Fee Fixed Fee. Ceiling. Funding Description Contract Type: Fixed Price Delivery Date: 12/30/2002 Period of Performance: Extended Description: (See Section C for Detail) Description Company: Prod. /Cat. Number: Drawing Number: Spec. Number: Serial Number. Piece Number: Title R9500010245 P A Contract Costs Miscellanous Charges Associated With the Elwha Dam Project 000 Min. Profit Fee 000 Max Profit Fee 000 Target Profit Fee 000 Taxes: Funding Strip 2001 9500 252Z -47 -0071 Ship Invoice Code Code 0001 0001 Model Number NSN: Recycled Product: Color Size Document Number Page C9500010245/0003 Estimates 000 Quantity: 000 Min Quantity. 000 Max Quantity. NO Variation in Quantity Quantity Expiration Date Unit of Issue Line Type' Pt iced Period Type: Base Pei iod Product /Service Code R499 SIC Code: NAICS Code: 541330 10 of 18 (0)11 110(1 000 000 Unit Price 1 00 lot S10,290 330 Inspection /Acceptance Location: Level: Est Cost. Est Cost Low Est Cost High Target Cost Target Price Funded Amount 5 132 20 Total Cost (Includes Disc; 5 10,290 33 000 000 000 000 000 Line Jtem Detail Title Funding Ftvitling Strip 2002 9500 252Z 477 0071 2003 9500 252Z 529 0243 Address Information F.O.B. DESTINATION Additional Markings: Document Number Page R9500010245 P A Contract Costs C9500010245/0003 11 of 18 Expiration Date Funded Amount 2,408 16 2,749 91 Line item Detail Detail Line Item Number Description 0004 City of Port Angeles Administrative indirect Overhead Costs Associated With the Elwha Dam Project Contract Type: Fixed -Price Delivery Date: 12/30/2002 Period of Performance: Extended Description: Description Company: Prod. /Cat. Number: Drawing Number: Spec. Number: Serial Number: Piece Number: Pricing Base Fee: Award Fee: Fixed Fee: Ceiling: Funding Title R9500010245 P A Contract Costs 000 Min Profit Fee 000 Max Profit Fee 000 Target Profit Fee 000 Taxes Funding Strip 2004 9500 252Z 529 0343 Ship Invoice Code Code Model Number: NSN: Recycled Product: Color: Size: Estimates 000 000 000 000 Document Number C9500010245/0003 Quantity: Min Quantity: Max Quantity: Variation in Quantity• Quantity Unit of Issue 100 job Line Type: Priced Period Type: Base Period Product/Service Code: R499 SIC Code: NAICS Code: 541330 000 000 000 000 Expiration Date Funded Amount 1,826 75 Page 12 of 18 Unit Price 857,628 000 Inspection /Acceptance Location: Level: Est Cost: Est. Cost Low: Est Cost High: Target Cost: Target Price: Total Cost (Includes Disc; 8 57,628 00 000 000 000 000 000 Line ,Item Detail Title R9500010245 P A Contract Costs Funding Fig Strip 2002 9500 252Z 529 0243 2003 9500 252Z 529 0243 Document Number Page C9500010245/0003 13 of 18 Expiration Date Funded Amount 48,506 56 7,294 69 Line item Detail Detail Ling Item Nifimber Description 0005 City of Port Angeles, Public Works and Utilities Department Indirect Overhead Costs Associated With Contract Type: Fixed -Price Delivery Date: 12/30/2002 Period of Performance: Extended Description: the Elwha Dam Project Description Company: Prod. /Cat. Number: Drawing Number: Spec. Number: Serial Number: Piece Number: Pricing Base Fee: Award Fee: Fixed Fee: Ceiling: Funding Title R9500010245 P A Contract Costs 000 Min Profit Fee 000 Max. Profit Fee 000 Target Profit Fee 000 Taxes: Funding Strip 2004 9500 252Z 529 0243 Ship Invoice Code Code Model Number: NSN: Recycled Product: Color: Size: Estimates 000 000 000 000 Document Number Page C9500010245/0003 Line Type: Priced Period Type: Base Period Product/Service Code: R499 SIC Code: NAICS Code: 541330 Quantity. Min. Quantity: Max. Quantity: Variation in Quantity: Quantity 100 job Expiration Date Unit of Issue 000 000 000 000 14 of 18 Total Cost Unit Price (Includes Disc) $64,260 580 64,260 58 Inspection /Acceptance Location: Level. Est. Cost Est Cost Low: Est Cost High: Target Cost: Target Price: Funded Amount 2,911 83 000 000 000 000 000 Line.Item Detail Title Document Number Page R9500010245 P A Contract Costs C9500010245/0003 15 of 18 Funding Forming Strip 2002 9500 252Z 529 0243 2003 9500 252Z 529 0243 Expiration Date Funded Amount 50,519 20 10,829 55 Title Document Number Page Address Detail R9500010245 P A Contract Costs C9500010245/0003 16 of 18 Stepping Addresses Code Detail 0001 Org: PWR OLYM Olympic National Park Addr: 600 East Park Ave Port Angeles WA 98362 -6798 Attn: Biian D Winter, Elwha Project Manager Phone: (360) 565 -1323 ext Fax: (360) 565 -3015 ext Invoice Addresses Code Detail 0001 Org: PWR OLYM Olympic National Park Addr: 600 East Park Ave Port Angeles WA 98362 -6798 Attn: Brian D Winter, Elwha Project Manager Phone: (360) 565 -1323 ext Fax: (360) 565 -3015 ext Award /Contract Document No Document Title `Modification C9500010245/0003 R9500010245 P A Contract Costs TABLE OF CONTENTS SECTION A Solicitation /Contract Form 18 A.1 Summary of Changes 18 Page 17 of 18 Award /Contract Document No. Document Title `Modification C9500010245/0003 R9500010245 P.A. Contract Costs ,,SECTION A SOLICITATION /CONTRACT FORM A.1 SUMMARY OF CHANGES Page 18 of 18 DESCRIPTION OF WORK „..it is the intent of this contract to piovide reasonable reimbursement to the City of Port Angeles for direct costs incurred studying and 'prepaimg water supply mitigation options associated with the Elwha River ecosystem restoration. The contract will provide the mechanism to ieimbursement to the City foi direct costs incurred prior 1/1/03, as follows: A Contract Line Item 0001 Direct Subcontractor Costs Associated With Elwha Dam Project 1. CH2M Hill 2. CH2M Hill 3. CH2M Hill 4. CH2M Hill 5 CH2M Hill 6. CH2M Hill 7 CH2M Hill 8 CH2M Hill 9. CH2M Hill 10 CH2M Hill 11. CH2M Hill 12 CH2M Hill 13 CH2M Hill 14 Foster, Pepper Sheffelman 15 Foster, Pepper Sheffelman 16 Foster, Pepper Sheffelman 17 Foster, Pepper Sheffelman 18 Foster, Pepper Sheffelman 19 Foster, Pepper Sheffelman 20 Foster, Pepper Sheffelman 21 Foster, Pepper Sheffelman 22. Foster, Pepper Sheffelman 23 Preston, Gates Ellis LLP 24. Thomas Pors, Attorney 25 Thomas Pors, Attorney 26. KP Consulting Services 27. KP Consulting Services 2. Public Works Utilities Department Director Jack Pittis Dn ector Glenn Cutler City Engineer Gaiy Kenworthy Utility Engineer Stephen Sperr City Engineer Bob Titus CADD Bill Hale Permit Coordmatoi Trento Funston Adman Assistants Phyllis Raslei Cate Rinehart Linda Gunderson Water Quality Technician Terry Siebens loseph Johnson Andiew K enyon 1. City Attorney's Office Ciaig Knutson Administrative Assistants Jeannie DeFiang Diana Lusby 3/25/91 4/24/91 10/21/97 7/28/00 6/30/00 10/18/00 9/30/00 10 /17/00 10/28/00 11/24/00 11/25/00 12/29/00 12/30/00 01/26/01 01/27/01 03/02/01 03/03/01 03/30/01 03/31/01 04/01/01 07/01 /01 12/31 /01 01/01/02 03/31/02 04/01/02 12/31/02' 11/30/98 2/18/00 3/21/00 8/16/00 9/13/00 10/23/0 10/05/00 10 /16/00 11/07/00 11/14/00 12/08/00 12/12/00 01 /11 /01 01/23/01 03/03/01 03/05/01 07/01/01 12/31/01 07/01/01 12/31/01 07/01/01 12/31/01 04/01/02 12/31/02 07/01/01 12/31/01 01/02/02 03/31/02 B. Contract Line Item 0002 Direct Labor Costs Associated With the Elwha Dam Project 1,073 50 hours 31.20 hours 33 00 hours 38 25 hours 325.00 hours 456 00 hours 151 00 hours 1,303.00 hours 10.00 hours 335 00 hours 8 00 hours 91 50 hours 10 00 hours 2 75 hours 5 00 hours 6 00 hours 2 00 houis 5,492 81 68,645 23 20,927 20 2,603 99 4,114 15 5,484 65 2,687 61 9,337.91 1,145 62 243 37 4,996 37 378 15 378.15 2,930 09 13,144 44 1,800 00 378 22 857 84 457.58 588 14 795.00 1,204 01 813 02 160 70 1,760.50 915.00 75.00 $47,118 53 556.29 714.17 668 04 14,607 04 23,248.37 5,786.01 47,074.04 396 80 6,915.11 200 68 1,736 18 218 59 56 20 130 64 12841 4334 CADD Bill Hale Water Supervisor Equipment Charges 3. Planning Department Director Biad Collins Administrative Assistant Sue Robards 4. Office of the City Manager City Manager Jack Pomerantz City Manager Patrick Ibarra City Manger Mike Quinn Administrative Assistant Sam Martin 5. Finance Department Kay Godby Yvonne Ziuomkowski Karen Papandrew Karen Asquith 1. Travel 2. Telecommunications a. Speaker Phone b. QWest conference Calls 24 00 hour s 182 50 hours 23 78 hours 270 00 hours 10 00 hours 228 50 hours 25 00 hours 40 00 hours 6 00 hours 46 48 hours 30 00 hours 748 32 27,337 87 1,730 00 6,978 28 875 49 14,944 50 508 56 9,770 09 524.80 1,488 00 200.88 291 15 995 17 C. Contract Line Item 0003 Miscellaneous Charges Associated With the Elwha Dam Project 7,008 32 1,150.21 2,131.80 D. Contract Line Item 0004 City of Port Angeles Administiative Indirect Overhead Costs Associated With the Elwha Dam Project 15.5% $57,215.52 E. Contract Line Item 0005 City of Port Angeles, Public Works and Utility Department Indirect Overhead Costs Associated With the Elwha Dam Project 29.97% $64,260 58. AMENDMENT OF SOLICITATION /MODIFICATION OF CONTRACT 42. AMENDMENT /MODIFICATION NO 3. EFFECTIVE DATE 4 REQUISITION /PURCHASE REQ. NO. 5. PROJECT NO (If applicable) 0001 6. ISSUED BY PWR OLYM Olympic National Park 600 East Park Ave Port Angeles, WA 98362 -6798 8 NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and Zip Code) City of Port Angeles 321 E. 5th Street,P.O.Box 1150 Port Angeles, WA 98362 CODE 'FACILITY CODE 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS n The above numbered solicitation is amended as set forth in Item 14 The hour and date specified for receipt of Offers 0 04/22/2002 CODE I 95000 See Lines 1. CONTRACT ID CODE 7. ADMINISTERED BY (If other than Item 6) PWR OLYM Olympic National Park 600 East Park Ave Port Angeles, WA 98362 -6798 I I is extended, CODE 95000 9A. AMENDMENT OF SOLICITATION NO. 9B. DATED (SEE ITEM 11) (X) 10A MODIFICATION OF CONTRACT /ORDER NO C9500010245 (X) 10B. DATED (SEE ITEM 13) Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods (a) By completing Items 8 and 15, and returning copies of the amendment, (b) By acknowledging receipt of this amendment on each copy of the offer submitted, or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER if by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (If required) See Line Item Detail 13 THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS /ORDERS IT MODIFIES THE CONTRACT /ORDER NO AS DESCRIBED IN ITEM 14 CHECK ONE I A THIS CHANGE ORDER IS ISSUED PURSUANT TO (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO IN ITEM 10A Federal Acquisition Regulation 52 243 Changes -Fixed Price Alternative I (April 1984) B THE ABOVE NUMBERED CONTRACT /ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF AUTHORITY OF FAR 43 103(b) C THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF D OTHER (Specify type of modification and authority) E IMPORTANT: Contractor is not, X is required to sign this document and return 2 copies to the issuing office. Page ylz 1,2 1 oft /8 is not extended 14. DESCRIPTION OF AMENDMENT /MODIFICATION (Organized by UCF section headings, including solicitation /contract subject matter where feasible See Continuation Sheet Attached Except as provided herein, at terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect 15A NAME AND TITLE OF SIGNER(Type or print) I 16A NAME AND TITLE OF CONTRACTING OFFICER (Type or print) A i C//Ae-L ow, A.J,CtT7M4& 44 61. I Sandra A. Thomas 15B. CONTRACTO Oii �R 15C DATE SIGNED 16B Unite'. States of A nca 16C. DATE SIGNED 4-1 L3) Z BY _.t A e.:_41- l (Signature of pe on authorized to sign) (Signature of Contracting Officer) 266 z NSN 7540 -01- 152 -8070 STANDARD FORM 30 (REV 10 -83) PREVIOUS EDITION Prescnbed by GSA FAR (48 CFR) UNUSABLE 53 243 CONTRACT NO. C9500010245 MODIFICATION NO. 0001 14. DESCRIPTION OF MODIFICATION (CONTINUATION SHEET) It has been determined necessary and in the best interest of the Government to modify Contract No. 09500010245 to incorporate additional direct and indirect costs associated with the City of Port Angeles' studying and preparing water supply mitigation options associated with the Elwha River Ecosystem Restoration. Accordingly, the subject Contract is modified in the following manner, all other terms and conditions of the original award remain in full force and effect: A. Contract Section B —Line Item Summary is hereby changed in the following particulars: Line Item 0001 Unit Price is changed from "$112,939.770" to $141,651.88" Line Item 0001 Total Cost is changed from "$112,939.77" to $141,651.88" Line Item 0002 Unit Price is changed from "$100,881.470" to $168,565.90" Line Item 0002 Total Cost is changed from "$100,881.47" to $168,565.90 Line Item 0003 Umt Price is changed from "$5,132.260" to "$7,540.42" Line Item 0003 Total Cost is changed from "$5,132.26" to "$7,540.42" Line Item 0004 is added to read: "0004 City of Port Angeles Administrative 04/30/2002 1.00 job $48,506.560 $48,506.56 Indirect Overhead Costs Associated With the Elwha Dam Project" (See Section C for Detail) VIII. Line Item 0005 is added to read: "0005 City of Port Angeles, Public Works and 04/30/2002 1.00 job $50,519.200 $50,519.20 Utilities Depaitiiient Indirect Overhead Costs Associated With the Elwha Dam Project (See Section C for Detail) B. Contract Section C— DESCRIPTION AND SPECIFICATIONS, Sub -part C.1 STATEMENT OF WORK, DESCRIPTION OF WORK, Part A. is changed to read from: "A Contract Line Item 0001 Direct Subcontractor Costs Associated With Elwha Dam Project to: 1. CH2M HILL 2. CH2M HILL 3. CH2M HILL 4. Foster, Pepper Sheffelman 5. Foster, Pepper Sheffelman 6. Foster, Pepper Sheffelman "A. Contract Line Item 0001 Direct Subcontractor Costs Associated With Elwha Dam Project 1 CH2M HILL 2. CH2M HILL 3. CH2M HILL 4. CH2M HILL 5. CH2M HILL 3/25/91 4/24/91 10/21/97 7/28/00 6/30/00 10/18/00 11/30/98 2/18/00 3/21/00 8/16/00 9/13/00 10/23/00 3/25/91 4/24/91 10/21 /97 7/28/00 6/30/00 10/18/00 9/30/00 10/17/00 10/28/00 11/24/00 5,492.81 68,645.23 20,927.20 2,930.09 13,144.44 1,800.00" 5,492.81 68,645.23 20,927.20 2,603.99 4,114.15 C. Contract Section C- DESCRIPTION AND SPECIFICATIONS, Sub -part C.1 STATEMENT OF WORK, DESCRIPTION OF WORK, second sentence is changed to read from "The contract will provide the mechanism to reimburse to the City for direct costs incurred pnor to October 31, 2000, as follows," to "The contract will provide the mechanism to reimburse to the City for direct costs incurred prior to June 30, 2001, as follows: D. Contract Section C- DESCRIPTION AND SPECIFICATIONS, Sub -part C.1 STATEMENT OF WORK, DESCRIPTION OF WORK, Part B.1 is changed to read from: "1. City Attorney's Office Craig Knutson to: "1. City Attorney's Office Craig Knutson Administrative Assistants Jeannie DeFrang Diana Lusby E. Contract Section C- DESCRIPTION AND SPECIFICATIONS, Sub -part C.1 STATEMENT OF WORK, DESCRIPTION OF WORK, Part B.2 is changed to read from: "2. Public Works Utilities Department Director Jack Pittis Director Glenn Cutler City Engineer Gary Kenworthy Utility Engineer Stephen Sperr to 6. CH2M HILL 11/25/00 12/29/00 7. CH2M HILL 12/30/00 01/26/01 8. CH2M HILL 01/27/01 03/02/01 9. CH2M HILL 03/03/01 03/30/01 10. CH2M HILL 03/31/01 04/01/01 11. Foster, Pepper Sheffelman 11/30/98 2/18/00 12. Foster, Pepper Sheffelman 3/21/00 8/16/00 13. Foster, Pepper Sheffelman 9/13/00 10/23/00 14. Foster, Pepper Sheffelman 10/05/00 10/16/00 15. Foster, Pepper Sheffelman 11/07/00 11/14/00 16. Foster, Pepper Sheffelman 12/08/00 12/12/00 17. Foster, Pepper Sheffelman 01/11/01 01/23/01 18. Foster, Pepper Sheffelman 03/03/01 03/05/01 "2. Public Works Utilities Department Director Jack Pitts Director Glenn Cutler City Engineer Gary Kenworthy Utility Engineer Stephen Sperr City Engineer Bob Titus CADD Bill Hale Permit Coordinator Trema Funston Adman Assistants 945 75 hours 31 20 hours 25.50 hours 29.25 hours 325.00 hours 193 00 hours 151.00 hours 697.00 hours 325 00 hours 293 00 hours 151 00 hours 981.00 hours 10.00 hours 335.00 hours 8.00 hours 5,484.65 2,687.61 9,337.91 1,145.62 243.37 2,930.09 13,144.44 1,800.00 378.22 857.84 475.58 588.14 795.00 945.75 hours 40,783.77" 40,783.77 556.29 536.35 477.41" 14,607.04 9,346.05 5,786.01 20,655.20" 14,607.04 14,452.50 5,786.01 29,585.10 396.80 6,915.11 200.68 F. Contract Section D— DESCRIPTION AND SPECIFICATIONS, Sub -part C.1 STATEMENT OF WORK, DESCRIPTION OF WORK, Part B.3. is changed to read from: "3. Planning Department Director Brad Collins to: "3. Planning Depaitinent Director Brad Collins 160.50 hours $6,519.34 Administrative Assistant Sue Robards 8.03 hours 174.70" G. Contract Section C— DESCRIPTION AND SPECIFICATIONS, Sub -part C.1 STATEMENT OF WORK, DESCRIPTION OF WORK, Part B.4 is changed to read from: "4. Office of the City Manager City Manager Patrick Ibarra City Manager Mike Quinn to: Phyllis Rasler Cate Rinehart Water Supervisor Equipment Charges "4. Office of the City Manager City Manager Jack Pomerantz 270.00 hours 14,944.50 City Manager Patrick Ibarra 10.00 hours 508.56 City Manager Mike Quinn 100.00 hours 5,295.83 Administrative Assistant Sam Martin 19.00 hours 382.53" H. Contract Section C— DESCRIPTION AND SPECIFICATIONS, Sub -part C.1 STATEMENT OF WORK, DESCRIPTION OF WORK, Part B.5 is added to read as follows: "5. Finance Department Kay Godby Yvonne Zionikowski Karen Papandrew to: a Speaker Phone b. QWest Conference Calls 86.00 hours 10.00 hours 126.50 hours $4,993.73" 10 00 hours 80.00 hours 40 00 hours 6.00 hours 46.48 hours 1,608.83 218.59 18,757.17 1,595.00 509.66 4,200.01 1.488.00 200.88 291.15" I. Contract Section C— DESCRIPTON AND SPECIFICATIONS, Sub -part C.1 STATEMENT OF WORK, DESCRIPTION OF WORK, Part C. is changed to read from: "C. Contract Line Item 0003 Miscellaneous Charges Associated With the Elwha Darn Project 1. Travel $1,850.25 2. Telecommunications 1,150.21 2,131.80" "C. Contract Line Item 0003 Miscellaneous Charges Associated With the Elwha Dam Project 1. Travel $4,258.41 3. Telecommunications a. Speaker Phone b QWest Conference Calls 1,150.21 2,131.80" J. Contract Section C— DESCRIPTION AND SPECIFICATIONS, Sub -part C.1 STATEMENT OF WORK, DESCRIPTION OF WORK, Part D is added to read as follows. "D. Contract Line Item 0004 City of Port Angeles Administrative Indirect Overhead Costs Associated With the Elwha Dam Project 15.5% $48.506.56 K. Contract Section C— DESCRIPTION AND SPECIFICATIONS, Sub -part C. 1 STATEMENT OF WORK, DESCRIPTION OF WORK, Part E is added to read as follows: "E. Contract Line Item 0005 –City of Port Angeles, Public Work Utility Department Indirect Overhead Costs Associated With the Elwha Dam Project 29 97% $50,519.20" F. Contract completion date is hereby extended from May 30, 2001, to April 30, 2002. G. Contract total is hereby increased in the amount of $197,830.46 from $218,953.50 to $416,783.96. H. Contract obligated amount is hereby increased in the amount of $197,830.46 from $218,953.50 to $416,783.96. Line Item Summary Total Funding: $416,783 96 FYs Fund Budget Org Sub Object Class Sub Program Cost Org Sub Proj /Job No. Sub Reporting Category See Line Item(s) Division Closed FYs Line Item CLIN Delivery Date Number Description 0001 (See Section C for Detail) Ref Req No: R9500010245 Funding Information 2001 9500 252Z 477 0071 $112,939.77 2002 9500 252Z 477 0071 $28,712.11 0002 Direct Subcontractor Costs Associated 0001 04/30/2002 With Elwha Dam Project Direct Labor Costs Associated With the 0002 04/30/2002 Elwha Dam Project (See Section C for Detail) Ref Req No: R9500010244 Funding Information 2001 9500 252Z 477 0071 $100,881.47 2002 9500 252Z 477 0071 $67,684.43 Document Number Title C9500010245/0001 R950001 0245 P A Contract Costs Cancelled Fund Ref (Start Date to End Date) Quantity Unit of Issue Unit Price Page 2 of 18 Total Cost (Includes Discounts) 1.00 job $141,651.880 141,651.88 1.00 job $168,565.900 168,565.90 Line Item Summary Total Funding: $416,783 96 FYs Fund Budget Org Sub Object Class Sub Program Cost Org Sub Proj /Job No. Sub Reporting Category See Line Item(s) Division Closed FYs Line Item CLIN Delivery Date Number Description Ref (Start Date to End Date) Quantity 0003 0004 Miscellanous Charges Associated With 0003 04/30/2002 the Elwha Dam Project (See Section C for Detail) Funding Information 2001 9500 252Z 477 0071 $5,132 26 2002 9500 252Z 477 0071 $2,408.16 City of Port Angeles Administrative Indirect Overhead Costs Associated With the Elwha Dam Project Funding Information 2002 9500 252Z 477 0071 $10,196.96 2002 9500 252Z 529 0243 $38,309.60 Document Number Title C9500010245/0001 R9500010245 P A Contract Costs Cancelled Fund 04/30/2002 Unit of Issue Unit Price Page 3 of 18 Total Cost (Includes Discounts) 1.00 lot $7,540.420 7,540.42 1.00 job $48,506.560 48,506.56 Line Item Summary Total Funding: $416,783.96 FYs Fund Budget Org Sub Object Class Sub Program Cost Org Sub Proj /Job No. Sub Reporting Category See Line Item(s) Division Closed FYs 0005 City of Port Angeles, Public Works and Utilities Department Indirect Overhead Costs Associated With the Elwha Dam Project Document Number C9500010245/0001 Funding Information 2002 9500 252Z 529 0243 $50,519.20 Cancelled Fund Line Item Delivery Date Number Description Title Page R9500010245 P A. Contract Costs 4 of 18 (Start Date to End Date) Quantity 04/30/2002 Unit of Issue Unit Price Total Cost (Includes Discounts) 1.00 job $50,519.200 50,519.20 Total Cost: $416,783.96 Line Item Detail Detail Line Item Number Description 0001 Direct Subcontractor Costs Associated With Elwha Dam Project Ref Req No: R9500010245 Contract Type: Fixed -Price Delivery Date: 04/30/2002 Period of Performance: Extended Description: (See Section C for Detail) Description Company: Prod. /Cat. Number: Drawing Number: Spec. Number: Serial Number: Piece Number: Pricing Base Fee: Award Fee: Fixed Fee: Ceiling: Funding Title R9500010245 P.A Contract Costs .000 Min. Profit Fee: 000 Max. Profit Fee: 000 Target Profit Fee: 000 Taxes: Funding Strip 2001 9500 252Z 477 0071 Ship Invoice Code Code 0001 0001 Model Number: NSN: Recycled Product: Color: Size: Estimates .0 00 .000 000 000 Document Number C9500010245/0001 Quantity Unit of Issue 1.00 job Line Type: Priced Period Type: Base Period Product/Service Code: R499 SIC Code: NAICS Code: Quantity: Min. Quantity: Max. Quantity: Variation in Quantity: 000 000 000 000 Inspection /Acceptance Location: Other Level: Est. Cost: Est. Cost Low: Est. Cost High: Target Cost: Target Price: Expiration Date Funded Amount 112,939.77 Page 5 of 18 Unit Price $141,651 880 Total Cost (Includes Disc) 141,651.88 .000 .000 .000 .000 .000 Line Item Detail Title Document Number Page R9500010245 P.A. Contract Costs C9500010245/0001 6 of 18 }unding Funding Strip Expiration Date Funded Amount 2002 9500 252Z 477 0071 Address Information F.O.B. DESTINATION Additional Markings: 28,712.11 Line Item Detail Title R9500010245 P.A. Contract Costs Detail Line Item Number Description 0002 Direct Labor Costs Associated With the Elwha Dam Project Ref Req No: R9500010244 Contract Type: Fixed -Price Delivery Date: 04/30/2002 Period of Performance: Extended Description: (See Section C for Detail) Description Company: Prod. /Cat. Number: Drawing Number: Spec. Number: Serial Number: Piece Number: Pricing Base Fee: Award Fee: Fixed Fee: Ceiling: Funding 000 Min. Profit Fee: 000 Max. Profit Fee: 000 Target Profit Fee: .000 Taxes: Funding Strip 2001 9500 252Z 477 0071 Ship Invoice Code Code 0001 0001 Model Number: NSN: Recycled Product: Color: Size: Estimates 000 000 .000 .000 Document Number 09500010245/0001 Quantity Unit of Issue 100 job Line Type: Priced Period Type: Base Period Product/Service Code: R498 SIC Code: NAICS Code: Quantity: Min. Quantity: Max. Quantity: Variation in Quantity: 000 .000 .000 000 Inspection /Acceptance Location: Level: Est. Cost: Est. Cost Low: Est. Cost High: Target Cost: Target Price: Expiration Date Funded Amount 100,881 47 Page 7 of 18 Unit Price $168,565.900 Total Cost (Includes Disc) 168,565.90 .000 .000 .000 .000 .000 l Line Item Detail Title Document Number R9500010245 P.A. Contract Costs C9500010245/0001 Funding Funding Strip Expiration Date Funded Amount 2002 9500 252Z 477 0071 67,684.43 Address Information F.O.B. OTHER Additional Markings: Page 8 of 18 Line Item Detail Detail Line Item Number 0003 Description Miscellanous Charges Associated With the Elwha Dam Project Contract Type: Fixed -Price Delivery Date: 04/30/2002 Period of Performance: Extended Description: (See Section C for Detail) Description Company: Prod. /Cat. Number: Drawing Number: Spec. Number: Serial Number: Piece Number: Pricing Base Fee: Award Fee: Fixed Fee: Ceiling: Funding 000 000 000 .000 Title Min. Profit Fee: Max. Profit Fee: Target Profit Fee: Taxes: Funding Strip 2001 9500 252Z 477 0071 R9500010245 P A Contract Costs Ship Invoice Code Code 0001 0001 Model Number: NSN: Recycled Product: Color: Size: Estimates .000 000 000 .000 Document Number C9500010245/0001 Quantity: Min. Quantity: Max. Quantity: Variation in Quantity: Quantity Unit of Issue 1 00 lot Line Type: Priced Period Type: Base Period Product/Service Code: R498 SIC Code: NAICS Code: .000 .000 .000 000 Expiration Date Funded Amount 5,132 26 Page 9 of 18 Total Cost Unit Price (Includes Disc) $7,540.420 7,540.42 Inspection /Acceptance Location: Level: Est. Cost: Est. Cost Low: Est. Cost High: Target Cost: Target Price: .000 .000 .000 .000 .000 Line Item Detail Title Funding Funding Strip 2002 9500 252Z 477 0071 Address Information F.O.B. DESTINATION Additional Markings: Document Number Page R9500010245 P A. Contract Costs C9500010245/0001 10 of 18 Expiration Date Funded Amount 2,408 16 Line Item Detail Title R9500010245 P A Contract Costs Detail Line Item Number 0004 Description Description Company: Prod. /Cat. Number: Drawing Number: Spec. Number: Serial Number: Piece Number: Pricing Base Fee: Award Fee: Fixed Fee: Ceiling: Funding City of Port Angeles Administrative Indirect Overhead Costs Associated With the Elwha Dam Project Contract Type: Fixed -Price Delivery Date: 04/30/2002 Period of Performance: Extended Description: 000 000 000 000 Min. Profit Fee: Max. Profit Fee: Target Profit Fee: Taxes: Funding Strip 2002 9500 252Z 477 0071 Ship Invoice Code Code Model Number: NSN: Recycled Product: Color: Size: Estimates .000 000 .000 .000 Document Number C9500010245/0001 Quantity Unit of Issue 100 job Line Type: Priced Period Type: Base Period Product/Service Code: SIC Code: NAICS Code: Quantity: Min. Quantity: Max. Quantity: Variation in Quantity: .000 .000 .000 .000 Inspection /Acceptance Location: Level: Est. Cost: Est. Cost Low: Est. Cost High: Target Cost: Target Price: Expiration Date Funded Amount 10,196 96 Page 11 of 18 Total Cost Unit Price (Includes Disc) $48,506 560 48,506.56 .000 .000 .000 000 000 Line Item Detail Title Funding Funding Strip 2002 9500 252Z 529 0243 Document Number Page R9500010245 P.A. Contract Costs C9500010245/0001 12 of 18 Expiration Date Funded Amount 38,309.60 Line Item Detail Title R9500010245 P.A Contract Costs Detail Line Item Number Description 0005 City of Port Angeles, Public Works and Utilities Department Indirect Overhead Costs Associated With Contract Type: Fixed -Price Delivery Date: 04/30/2002 Period of Performance: Extended Description: the Elwha Dam Project Description Company: Prod. /Cat. Number: Drawing Number: Spec. Number: Serial Number: Piece Number: Pricing Base Fee: Award Fee: Fixed Fee: Ceiling: 000 000 000 .000 Min. Profit Fee: Max. Profit Fee: Target Profit Fee: Taxes: Funding Funding Strip 2002 9500 252Z 529 0243 Ship Invoice Code Code Model Number: NSN: Recycled Product: Color: Size: Estimates 000 .000 000 000 Document Number C9500010245/0001 Line Type: Priced Period Type: Base Period Product/Service Code: SIC Code: NAICS Code: Quantity: Min. Quantity: Max. Quantity: Variation in Quantity: Quantity Unit of Issue 1.00 job .000 .000 .000 000 Expiration Date Funded Amount 50,519.20 Page 13 of 18 Unit Price $50,519.200 Inspection /Acceptance Location: Level: Est. Cost: Est. Cost Low: Est. Cost High: Target Cost: Target Price: Total Cost (Includes Disc) 50,519.20 .000 .000 .000 .000 .000 Title Document Number Page Address Detail R9500010245 P A. Contract Costs Shipping Addresses Item No. Detail 0001 Org: PWR OLYM Olympic National Park Addr: 600 East Park Ave Port Angeles WA 98362 -6798 Attn: Brian D Winter, Elwha Project Manager Phone: (360) 565 -1323 ext. Fax: (360) 565-3015 ext Invoice Addresses Item No. Detail 0001 Org: PWR OLYM Olympic National Park Addr: 600 East Park Ave Port Angeles WA 98362 -6798 Attn: Brian D. Winter, Elwha Project Manager Phone: (360) 565 -1323 ext Fax: (360) 565 -3015 ext. C9500010245/0001 14 of 18 Award /Contract Document No. Document Title Modification C9500010245/0001 R9500010245 P.A. Contract Costs TABLE OF CONTENTS SECTION A Sohcitation/Contract Form 12 A.1 Summary of Changes 12 SECTION C Descriptions and Specifications 13 C.1 Statement of Work 13 Page 11 t11 fsc.-' ¢3 Award /Contract Document No. Document Title Modification C9500010245/0001 R9500010245 P A Contract Costs SECTION A SOLICITATION /CONTRACT FORM A.1 SUMMARY OF CHANGES The free form item `Statement of Work has been edited. DESCRIPTION OF WORK It is the intent of this contract to provide reasonable reimbursement to the City of Port Angeles for direct costs incurred studying and preparmg water supply mitigation options associated with the Elwha River ecosystem restoration. The contract will provide the mechanism to reimbursement to the City for direct costs incurred prior to June 30, 2001, as follows: A. Contract Line Item 0001 Direct Subcontractor Costs Associated With Elwha Dam Project 1. CH2M Hill 2. CH2M Hill 3. CH2M Hill 4. CH2M Hill 5. CH2M Hill 6. CH2M Hill 7. CH2M Hill 8. CH2M Hill 9. CH2M Hill 10. CH2M Hill 11. Foster, Pepper Sheffelman 12. Foster, Pepper Sheffelman 13. Foster, Pepper Sheffelman 14. Foster, Pepper Sheffelman 15. Foster, Pepper Sheffelman 16. Foster, Pepper Sheffelman 17. Foster, Pepper Sheffelman 18. Foster, Pepper Sheffelman B. Contract Line Item 0002 Direct Labor Costs Associated With the Elwha Dam Project 1. City Attorney's Office Craig Knutson Administrative Assistants Jeannie DeFrang Diana Lusby 2. Public Works Utilities Department Director Jack Pitts Director Glenn Cutler City Engineer Gary Kenworthy Utility Engineer Stephen Sperr City Engineer Bob Titus CADD Bill Hale Permit Coordinator Trenia Funston Admin Assistants Phyllis Rasler Cate Rinehart Water Supervisor Equipment Charges 3/25/91 4/24/91 10/21/97 7/28/00 6/30/00 10/18/00 9/30/00 10/17/00 10/28/00 11/24/00 11/25/00 12/29/00 12/30/00 01/26/01 1/27/01 03/02/01 03/03/01 03/30/01 03/31/01 04/01/01 11/30/98 2/18/00 3/21/00 8/16/00 9/13/00 10/23/0 10/05/00 10/16/00 11/07/00 11/14/00 12/08/00 12/12/00 01 /11 /01 01/23/01 03/03/01 03/05/01 945.75 hours 31.20 hours 25.50 hours 29.25 hours 325.00 hours 293.00 hours 151.00 hours 981.00 hours 10.00 hours 335.00 hours 8 00 hours 86.0 hours 10.0 hours 5,492.81 68,645.23 20,927.20 2,603.99 4,114.15 5,484.65 2,687.61 9,337.91 1,145.62 243 37 2,930 09 13,144.44 1,800.00 378.22 857.84 457 58 588.14 795.00 $40,783 77 556.29 536.35 477.41 14,607.04 14,452.50 5,786 01 29,585.10 396.80 6,915.11 200.68 1,608.83 218.59 18,757.17 1,595.00 3. Plannmg Department Director Brad Collins 160.50 hours 6,519.34 Administrative Assistant Sue Robards 8.03 hours 174.70 4. Office of the City Manager City Manager Jack Pomerantz 270.00 hours 14,944.50 City Manager Patrick Ibarra 10.00 hours 508.56 City Manger Mike Quinn 100 00 hours 5,295.83 Administrative Assistant Sam Martin 19.00 hours 382.53 5. Finance Depai t,uent Kay Godby 40.00 hours 1,488.00 Yvonne Ziuomkowski 6.00 hours 200.88 Karen Papandrew 46.48 hours 291.15 C. Contract Line Item 0003 Miscellaneous Charges Associated With the Elwha Dam Project 1. Travel 4,258.41 2. Telecommunications a. Speaker Phone 1,150 21 b. QWest conference Calls 2,131.80 D. Contract Line Item 0004 City of Port Angeles Administrative Indirect Overhead Costs Associated With the Elwha Dam Project 15.5% $48,506.56. E. Contract Line Item 0005 City of Port Angeles, Public Works and Utility Department Indirect Overhead Costs Associated With the Elwha Dam Project 29.97% $50,519.20. PORTANGaES WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: May 22, 2001 TO: MAYOR DOYLE AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities SUBJECT: Contract with National Park Service for Direct Costs Associated With Water Supply Mitigation Measures Summary: The National Park Service has prepared a contract to reimburse the City for direct costs associated with dam removal that were incurred prior to October 31, 2000, in the sum of $218,953.50. Overhead costs for this period are being negotiated by the Park Staff and the City Staff. Expenses incurred after November 1, 2000 will be submitted after the contract has been signed. Recommendation: Authorize the Mayor to sign the contract with the National Park Service for direct costs associated with dam removal that were incurred prior to October 31, 2000, in the amount of $218,953.50; authorize the City Manager to sign future modifications to the contract; and authorize the Director of Public Works and Utilities to sign the appropriate representations and certifications, and invoice the Park Service for reimbursement of current and future costs. Background Analysis: The United states Congress directed the National Park Service (NPS) to reimburse the City of Port Angeles (City) for current and future sunk costs reasonably incurred in studying and preparing water supply mitigation options associated with removing the Elwha dams up to $500,000. The National Park Service has prepared a contract to reimburse the City for direct costs, $218,953.50, incurred prior to October 31, 2000. It is anticipated the contract will be modified for additional reimbursement expenses. The NPS and City staffs are negotiating the general and administrative overhead costs associated with the direct costs. Expenses incurred between November 1, 2000 and April 30, 2001 will be submitted after the contract has been signed. It is recommended that the City Council authorize: 1) The Mayor to sign the contract, 2) The City Manager to sign modifications to the contract, 3) The Director of Public Works and Utilities to sign the appropriate representations and certifications, and invoice for the reimbursement of current and future costs. The City Attorney has reviewed the contract. N: \GLENN\NPScont.wpd q. .355 A CITY COUNCIL MEETING May 22, 2001 FINANCE: (Cont' d) Contract Award for Francis Street Park (Cont'd) Black Diamond Reservoir Improvements Waterline Replacement Street Repairs Reimbursement of Costs Associated with Water Supply Mitigation Measures 356 Park improvements. Councilman Williams requested that a map of the improvements be displayed and, with the use of the overhead projector, Parks Director Connelly explained the improvements being implemented. The current plan is to create parking with a main pedestrian access down the trail and to have handicap accessible parking midpoint down the trail. Director Connelly pointed out the location of the flag plaza There was brief discussion on the placement of a flag plaza as opposed to play sculptures for children, and Director Connelly pointed out that at a future date sculptures could be an addition to the park. Councilman Williams questioned the size of the available roads. Director Connelly indicated he would return with the requested information. Councilman Hulett moved to approve the contract for the Francis Street Park improvements to Primo Construction, Inc., of Sequim, Washington, in the total bid amount of $338,239.62 which includes the additive flag plaza; to approve the added 2001 CFP project funding in the amount of $140,000; and to authorize the Mayor to sign the contract. The motion was seconded by Councilman Campbell and carried unanimously. 2 Contract awarded for the Black Diamond Reservoir Cover Deputy Mayor McKeown summarized the memorandum from the Director of Public Works Utilities concerning approval of the contract for the Black Diamond Reservoir Improvements with Snelson Companies, Inc. Councilmember Erickson moved to approve the contract for the Black Diamond Reservoir improvements to Snelson Companies, Inc., of Sedro Woolley, Washington, in the bid amount of $963, 967.94 and authorize the Mayor to sign the contract. The motion was seconded by Councilman Campbell and carried unanimously. 3. Contract Change Order for 8 Street Restoration Project Deputy Mayor McKeown reviewed the memorandum the Director of Public Works Utilities concerning a contract change order with Lakeside Industries for the 8' Street restoration, adding a waterline replacement and street repairs plus five additional working days to the contract. Director Cutler added that the waterline damage was within a questionable time period, as the damage could be earthquake related Public Works is currently seeking FEMA's aid with this unexpected situation. Councilmember Erickson moved to approve a written finding of the existence of an emergency, waive competitive bid requirements, and approve proceeding with Contract Change Order No. 4 to the Lakeside Industries contract for the 8t Street restoration, which will add waterline replacement and street repairs in the amount of $56,503.00 and 5 added working days. The motion was seconded by Councilman Hulett and carried unanimously. 4 Contract with National Park Service for Direct Costs Associated with Water Supply Mitigation Measures Deputy Mayor McKeown summarized the memorandum from the Director of Public Works Utilities on the matter of a contract with the National Park Service for direct costs associated with dam removal. Director Cutler added that the contract is for the stated amount, and the National Park Service can modify it up to $500,000. Councilman Campbell moved to authorize the Mayor to sign the contract with the National Park Service for direct costs associated with dam removal that were incurred prior to October 31, 2000, in the amount of $218,953.50; authorize the City Manager to sign future modifications to the contract; and authorize the Director of Public Works Utilities to sign the appropriate representations and -2- Reimbursement of Costs Associated with Water Supply Mitigation Measures (Cont'd) Rescind Bids for Lauridsen Boulevard Airport Road Realignment Project CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Implementation of a Net Metermg Program Ordinance No. 3080 CITY COUNCIL MEETING May 22, 2001 certification, and invoice the Park Service for reimbursement of current and future costs. The motion was seconded by Councilman Williams and carried unanimously. 5 Rescind Bids for Lauridsen Blvd /Airport Road Realignment Project Deputy Mayor McKeown reviewed the Information from the Director of Public Works Utilities pertaining to rescinding the previous decision to award Pnmo Construction the contract for the Lauridsen Boulevard/Airport road realignment project. Director Cutler explained that, after extensive discussion with Washington State Department of Transportation, due to the City not including the proper forms needed to make the bid packet complete, all bids must be rejected and re- advertised. This must be done m order to keep federal funding. Councilman Hulett moved that the Council rescind its previous decision to award the contract to Primo Construction and to reject all bids for the project. The motion was seconded by Councilman Campbell and carried unanimously. Councilman Campbell moved to accept the Consent Agenda to include, 1) City Council minutes of the May 2, 2001 regular meetmg; and 2) Check List May 11, 2001 $1,426,308.98 The motion was seconded by Councilman Williams and carried unanimously. Councilmember Erickson had no report. Councilman Williams attended Port Angeles Works!, Utility Advisory, and Real Estate Committee meetings. At the Real Estate Committee meeting, there were citizens in attendance wanting to restore the Port Angeles underground. Councilman Williams was also in attendance at two Gateway meetings and a Downtown Forward meeting, both of which are progressing in their goals. Councilman Campbell highlighted his recent visit to Port Angeles' Sister City in Japan Included m the tour of Mutsu City, the group visited the $20 Million Mutsu Municipal Library and the Mutsu Science Museum.' Councilman Campbell and others were allowed to participate m their Annual Firefighting Day, involving speeches, ceremonies with demonstrations of pumping water, and a parade Mutsu is a city of 50,000 people, and in 1960, it was formed by the merger of two cities. The Mutsu City Finance Director informed Councilman Campbell that the budget is $200 million which does not include water /sewer /electric. There is public housing that is part of the City's revenues. Councilman Hulett informed the Council that the City Council now has a voting position on the Chamber of Commerce Board of Directors. Clallam County will have voting representation on the Board as well. Deputy Mayor McKeown reported that she represented the City at the recent Sequim Imgation Festival She was also m attendance at the Downtown Forward and Gateway Committee meetings. Ordinances Not Requiring Public Hearings 1 Implementing A Net Metering Program Deputy Mayor McKeown summarized the memorandum submitted by the Director of Public Works Utilities in regard to implementation of net metering Public Works Utilites Director Cutler stated that Electrical Engineering Manager Jim Harper was present to address any questions the Council may have. In general, the Ordinance -3- AWARD /CONTRACT 2. CONTRACT (Proc. inst. ident) C9500010245 5. ISSUED BY PWR OLYM Olympic National Park 600 East Park Ave Port Angeles, WA 98362 -6798 7. NAME AND ADDRESS OF CONTRACTOR (No., street, city, county, State and ZIP Code) City of Port Angeles 321 E. 5th Street P.O.Box 1150 Port Angeles, WA 98362- CODE 11. SHIP TO/MARK FOR Bnan D. Winter PWR OLYM Olympic National Park 600 East Park Ave Port Angeles, WA 98362 -6798 13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 15A. ITEM NO. 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350) NO. 3 EFFECTIVE DATE 05/04/2001 CODE I 95000 I FACILITY CODE CODE 1 95000 10 U.S.C. 2304(c) (5 41 U.S.C. 253(c) X H 15B. SUPPLIES /SERVICES SEE LINE ITEM DETAIL ISECI DESCRIPTION PART I THE SCHEDULE X I A I SOLICITATION CONTRACT FORM X I B I SUPPLIES OR SERVICES AND PRICES /COSTS X C I DESCRIPTION/SPECS/WORK STATEMENT D I PACKAGING AND MARKING X E I INSPECTION AND ACCEPTANCE F I DELIVERIES AND PERFORMANCE X G I CONTRACT ADMINISTRATION DATA SPECIAL CONTRACT REQUIREMENTS 8 17. 0 CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 2 copies to issuing office) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein The nghts and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award/contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications, as attached or incorporated by reference herein. (Attachments are listed herein.) 19A. NAME AND TITL OF SIGNER (Type or print) d, 4 'v 7 V Mss ya 19C. DATE SIGNED (Signature of person uthorized to sign) ..2 iNA A 1 L 0 NSN 7540.01 -152 8000 PREVIOUS EDITION UNUSABLE Rating Page of Pages 1 I 27 N/PURCHASE REQUEST PROJECT NO. See Lines 6. ADMINISTERED BY (If other than Item 5) CODE I 8. DELIVERY FOB Origin 13 Other (See below) 9. DISCOUNT FOR PROMPT PAYMENT 10 days 20 days 30 days days 10. SUBMIT INVOICES (4 Copies unless other wise specified) To THE ADDRESS SHOVM! IN: 12. PAYMENT WILL BE MADE BY PWR OLYM Olympic National Park 600 East Park Ave Port Angeles, WA 98382 -6798 14 ACCOUNTING AND APPROPRIATION DATA 2001 9500 252Z 477 0071 15C. QUANTITY 15D. UNIT' 15E. UNIT PRICE CODE 95000 15G. TOTAL AMOUNT OF CONTRACT 18. TABLE OF CONTENTS PAGE(S) I O ISECI DESCRIPTION PART II CONTRACT CLAUSES I I CONTRACT CLAUSES 1 x 2 -3 5 6 X 7 I X PART III LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH. J I LIST OF ATTACHMENTS PART IV REPRESENTATIONS AND INSTRUCTIONS REPRESENTATIONS, CERTIFICATIONS, AND K OTHER STATEMENTS OF OFFERORS L I INSTRS., CONDS., AND NOTICES TO OFFERORS M EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE 20A NAME OF CONTRACTING OFFICER Sandra A. Thomas 20B. UNITED STATES OF AtAWCA By 1•f7A?Q�1G. LL �.d✓ (Signature of Contracting Officer) ITEM 12 y. 15F. AMOUNT 218,953.50 M PAGE(S) I 9-21 27 18. AWARD (Contractor is not required to sign this document.) Your offer on Solicitation Number Including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government's solicitation and your offer, and (b) this award/contract No further contractual document is necessary. 20C. DATE SIGNED .3 –.2y -2 22 -26 STANDARD FORM 26 (REV 4 85) Preuuibo 1 by OSA FAR (48 CFR) 53.214(a) Line Item 'Summary %T otal Funding: $218,953.50 FYs Fund Budget Org 2001 Division Line item Number Description 0002 9500 Closed FYs (See Section C for Detail) Ref Req No: R9500010245 Funding Information' 2001 9500 252Z 477 0071 $112,939.77 0001 Direct Subcontractor Costs Associated With Elwha Dam Project Direct Labor Costs Associated With the Elwha Dam Project (See Section C for Detail) Ref Req No: R9500010244 Funding Information' 2001 9500 252Z 477 0071 $100,881.47 Document Number Title C9500010245 Sub Object Class 252Z Cancelled Fund Sub Program Cost Org Sub Proj /Job No. Sub Reporting Category 477 0071 Delivery Date (Start Date to End Date) Quantity 05/30/2001 05/30/2001 R9500010245 P.A. Contract Costs Unit of Issue 1.00 job 1.00 job Total Cost Unit Price (Includes Discounts) $112,939.770 $100,881.470 Page 2 of 27 112,939.77 100,881.47 Line Item 'Summary Total Funding: $218,953.50 FYs Fund Budget Org Sub Object Class Sub Program Cost Org Sub Proj /Job No. Sub Reporting Category Division Closed FYs Line Item Number Description 0003 Miscellanous Charges Associated With the Elwha Dam Project (See Section C for Detail) Funding Information: 2001 9500 252Z 477 0071 $5,132.26 Document Number Title C9500010245 R9500010245 P.A. Contract Costs Cancelled Fund Delivery Date (Start Date to End Date) Quantity 05/30/2001 Unit of Issue Page 3 of 27 Total Cost Unit Price (Includes Discounts) 1.00 lot $5,132.260 5,132.26 Total Cost: $218,953.50 Award /Contract Document No. C9500010245 1 Document Title R9500010245 P.A. Contract Costs TABLE OF CONTENTS SECTION C Descriptions and Specifications 5 C.1 Statement of Work 5 SECTION E Inspection and Acceptance 6 E.1 Clauses By Reference 6 E.2 Inspection and Acceptance 6 SECTION G Contract Administration Data 7 G.1 Contract Administration 7 SECTION H Special Contract Requirements 8 H.1 Special Contract Requirements 8 SECTION I Contract Clauses 9 I.1 Clauses By Reference 9 1.2 Release of Claims Department of Interior 10 1.3 Information Collection DOI 10 1.4 Audit and Records Negotiation Alternate III 10 1.5 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions 11 1.6 Limitation Of Government Liability 11 I.7 Contract Definitization (See Note 1.) 12 1.8 Toxic Chemical Release Reporting 12 1.9 Restrictions on Certain Foreign Purchases 13 I.10 Changes -Fixed Price Alternate I 13 I.11 Notification Of Changes 14 I.12 Subcontracts for Commercial Items and Commercial Components 15 1.13 Value Engineering 16 I.14 Clauses Incorporated by Reference 20 1.15 Authorized Deviations In Clauses 20 SECTION K Representations, Certifications and Other Statements of Offerors 22 K.1 Women -Owned Business (Other than Small Business) 22 K.2 Certification Regarding Debarment, Suspension, Proposed Debarment, And Other 22 Responsibility Matters K.3 Small Business Program Representations Alternate I 23 K.4 Small Business Concerns Representation For The Small Business Competitiveness 24 Demonstration Program K.5 Previous Contracts And Compliance Reports 25 K.6 Affirmative Action Compliance 25 K.7 Historically Black College or University and Minority Institution Representation 25 SECTION L Instructions, Conditions and Notices to Bidders 27 L.I Data Universal Numbering System (DUNS) Number 27 L.2 Type Of Contract 27 Page 4 of 27 Award /Contract SECTION C DESCRIPTIONS AND SPECIFICATIONS C.1 STATEMENT OF WORK DESCRIPTION OF WORK It is the intent of this contract to provide reasonable reimbursement to the City of Port Angeles for direct costs incurred studying and preparing water supply mitigation options associated with the Elwha River ecosystem restoration. The contract will provide the mechanism to reimbursement to the City for direct costs incurred prior to October 31, 2000, as follows: A. Contract Line Item 0001 Direct Subcontractor Costs Associated With Elwha Dam Project 1. CH2M Hill 2. CH2M Hill 3. CH2M Hill 4. Foster, Pepper Sheffelman 5. Foster, Pepper Sheffelman 6. Foster, Pepper Sheffelman B. Contract Line Item 0002 Direct Labor Costs Associated With the Elwha Dam Project 1. City Attorney's Office Craig Knutson 2. Public Works Utilities Department Director Jack Pittis Director Glenn Cutler City Engineer Gary Kenworthy Utility Engineer Stephen Sperr 3. Planning Department Director Brad Collins 4. Office of the City Manager City Manager Patrick Ibarra City Manger Mike Quinn C. Contract Line Item 0003 Miscellaneous Charges Associated With the Elwha Dam Project 1. Travel 1,850.25 2. Telecommunications a. Speaker Phone b. QWest conference Calls Document No. C9500010245 3/25/91 4/24/91 10/21/97 7/28/00 6/30/00 10/18/00 11/30/98 2/18/00 3/21/00 8/16/00 9/13/00 10/23/00 Document Title R9500010245 P.A. Contract Costs 5,492.81 68,645.23 20,927.20 2,930.09 13,144.44 1,800.00 945.75 hours $40,783.77 325.0 hours 193.0 hours 151.0 hours 697.0 hours 126.5 hours 4,993.73 10 hours 80 hours 14,607.04 9,346.05 5,786.01 20,655.20 509.66 4,200.01 1,150.21 2,131.80 Page 5 of 27 Award /Contract Document No. C9500010245 I SECTION E INSPECTION AND ACCEPTANCE Document Title R9500010245 P.A. Contract Costs E.1 52.252 -02 CLAUSES INCORPORATED BY REFERENCE Page 6 of 27 This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this /these address(es): http: /www.arnet.gov /far Clause I Title 52.246 -04 I Inspection Of Services- Fixed Price E.2 1489.246 INSPECTION AND ACCEPTANCE 100 I Date I August 1996 (a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance be provided. (b) For the purposes of this clause, the authorized representative of the Contracting Officer will be Brian Service, Telephone No. (360) 565 -1323. APRIL 1984 of materials and services to Winter, Ph.D, National Park Award /Contract Document No. C9500010245 SECTION G CONTRACT ADMINISTRATION DATA Document Title R9500010245 P.A. Contract Costs G.1 1489.242.1 CONTRACT ADMINISTRATION APRIL 1984 00 Contracting Officer's Technical Representative(s) for this contract will be established for each Task Order. Contract Specialist(s) responsible for administering this contract: Contracting Officer _Sandra A. Thomas National Park Service Address _600 East Park Avenue City, State, Zip Code Port Angeles, Washington 98362 Telephone No. (360) 565 -3025 Fax No. _(360) 565 -3018 Page 7 of 27 Award /Contract Document No. C9500010245 SECTION H SPECIAL CONTRACT REQUIREMENTS H.1 SPECIAL CONTRACT REQUIREMENTS 1. CERTIFICATION REQUIREMENT 2. CLARIFICATION OF TERMS Document Title R9500010245 P.A. Contract Costs Page 8 of 27 Prior to reimbursement a City of Port Angeles official shall certify, in writing, that the costs for which the City of Port Angeles seeks reimbursement were incurred in studying and preparing water supply mitigation measures associated with removing the Elwha dams and not for other purposes. The official shall further certify that all costs were incurred prior to October 31, 2000. A. Compliance with Contract Section I, part 1.4, Federal Acquisition Regulation (FAR) 52.215 -02 ALT III AUDIT AND RECORDS NEGOTIATION ALTERNATE III, Sub -part (f) and 52.248 -01 VALUE ENGINEERING, FEBRUARY 2000 (1) It is understood by both parties that the intent of this contract is to provide payment of direct costs incurred prior to October 31, 2000. It is understood by both parties that subcontract awards made by the City of Port Angeles in association with the work on this contract were awarded as task orders on previously awarded City contracts. At the time of award, the City did not have reason to include the subcontracting provisions required by FAR 52.215 -02 ALT III or FAR 52.248 -01. (2) The tasks orders awarded by the city associated with this contract did not exceed the simplified acquistion threshold. Therefore, the intent of FAR 52.215 -02 ALT III or FAR 52.248 -01 was not jeopardized. It is agree that the City need take no action to modify their exisiting contracts with either CH2M Hill or Foster, Pepper Sheffelman to satisfy the requirement of these clauses for work under this contract. B. It is agreed by both parties that the subcontracting work performed by the firms CH2M Hill and Foster, Pepper Sheffelman in association with the City of Port Angeles' performance under this contract is to be considered exempt from the requirements for cost and pricing data perscribed in FAR Clause 52.215 -15 PENSION ADJUSTMENTS AND ASSET REVERSIONS. 3. GENERAL AND ADMINSTRATIVE OVERHEAD COSTS A. The Goverment is currently negotiating with the City of Port Angeles to establish a reasonable and allowable general and administrative overhead rate for work associated with the Elwha River Ecosystem Restoration. This contract does not currently include indirect costs associated with overhead. At the conclusion of these negotiations, the Government may choose to modify the contract to include the City's overhead costs. Award /Contract Document No. C9500010245 SECTION I CONTRACT CLAUSES I.1 52.252 -02 CLAUSES INCORPORATED BY REFERENCE This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this /these address(es): http: /www.arnet.gov /far Clause 52.202 -01 52.203 -03 52.203 -05 52.203 -06 52.203 -07 52.203 -08 52.203 -10 52.203 -12 52.204 -04 52.209 -06 52.215 -02 52.215 -08 52.215 -15 52.215 -21 Alt IV 52.219 -08 52.222 -03 52.222 -21 52.222 -26 52.222 -35 52.222 -36 52.222 -37 52.223 -06 52.227 -14 52.229 -04 52.232 -01 52.232 -08 52.232 -11 52.232 -11 52.232 -23 52.232 -25 52.232 -34 52.232 -35 Document Title R9500010245 P.A. Contract Costs Title Definitions Gratuities Covenant Against Contingent Fees Restrictions On Subcontractor Sales To The Government Anti Kickback Procedures Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity Price Or Fee Adjustment For Illegal Or Improper Activity Limitation On Payments To Influence Certain Federal Transactions Printed or Copied Double -Sided on Recycled Paper. Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment Audit and Records Negotiation Order of Precedence Uniform Contract Format Pension Adjustments and Asset Reversions Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data Modifications Alternate IV Utilization of Small Business Concerns Convict Labor Prohibition of Segregated Facilities Equal Opportunity Affirmative Action For Disabled Veterans and Veterans of the Vietnam Era Affirmative Action For Workers with Disabilities Employment Reports On Disabled Veterans and Veterans of the Vietnam Era Drug Free Workplace Rights in Data General Federal, State And Local Taxes (Noncompetitive Contract) Payments Discounts For Prompt Payment Extras Extras Assignment Of Claims Prompt Payment Payment by Electronic Funds Transfer- -Other than Central Contractor Registration Designation of Office for Government Receipt of Electronic Date October 1995 April 1984 April 1984 July 1995 July 1995 January 1997 January 1997 June 1997 August 2000 July 1995 June 1999 October 1997 December 1998 October 1997 October 2000 August 1996 February 1999 February 1999 April 1998 June 1998 January 1999 January 1997 June 1987 January 1991 April 1984 May 1997 April 1984 April 1984 January 1986 June 1997 May 1999 I May 1999 Page 9 of 27 Award/Contract Document No. C9500010245 52.233 -01 52.233 -03 52.242 -13 52.243 -01 52.249 -04 52.249 -08 52.253 -01 Document Title R9500010245 P.A. Contract Costs Funds Transfer Information Disputes Protest After Award Bankruptcy Changes- -Fixed Price Termination For Convenience Of The Government (Services) (Short Form) Default (Fixed -Price Supply and Service) I Computer Generated Forms I.2 1452.204- RELEASE OF CLAIMS DEPARTMENT OF INTERIOR 70 (a) After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI -137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release. I.3 1452.237- INFORMATION COLLECTION DOI 70 If performance of this contract requires the contractor to collect information on identical items from ten or more public respondents, no action shall be taken or funds expended in the solicitation or collection of such information until the contractor has received from the Contracting Officer written notification that approval has been obtained from the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980. The Contractor agrees to provide all information requested by the Contracting Officer which is necessary to obtain approval from OMB. December 1998 August 1996 July 1995 August 1987 April 1984 April 1984 I January 1991 JULY 1996 JULY 1996 I.4 52.215 -02 AUDIT AND RECORDS NEGOTIATION ALTERNATE III JUNE 1999 ALT III Page 10 of 27 (a) As used in this clause, "records" includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. (b) Examination of costs. If this is a cost reimbursement, incentive, time and materials, labor -hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor's plants, or parts of them, engaged in performing the contract. (c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor's records, including computations and projections, related to— Award /Contract Document No. C9500010245 (2) The data reported. Document Title R9500010245 P.A. Contract Costs (1) The proposal for the contract, subcontract, or modification; (2) The discussions conducted on the proposal(s), including those related to negotiating; (3) Pricing of the contract, subcontract, or modification; or (4) Performance of the contract, subcontract or modification. Page 11 of 27 (d) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating (I) The effectiveness of the Contractor's policies and procedures to produce data compatible with the objectives of these reports; and (e) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), and (d) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition (1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and (2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. (f) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract that exceed the simplified acquisition threshold, and— (1) That are cost reimbursement, incentive, time -and- materials, labor -hour, or price redeterminable type or any combination of these; (2) For which cost or pricing data are required; or (3) That require the subcontractor to furnish reports as discussed in paragraph (e) of this clause. The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract. I.5 52.215 -18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS OCTOBER 1997 The Contractor shall promptly notify the Contracting Officer in writing when it determines that it will terminate or reduce a PRB plan. If PRB fund assets revert, or inure, to the Contractor or are constructively received by it under a plan termination or otherwise, the Contractor shall make a refund or give a credit to the Government for its equitable share as required by FAR 31.205- 6(o)(6). The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirements of FAR 15.408(j). I.6 52.216 -24 LIMITATION OF GOVERNMENT LIABILITY APRIL 1984 Award/Contract Document No. Document Title C9500010245 R9500010245 P.A. Contract Costs c=z►8 (a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding ^'ter- 4:09 dollars. (b) The maximum amount for which the Government shall be liable if this contract is terminated is 52-1. dollars.` I.7 52.216 -25 CONTRACT DEFINITIZATION (SEE NOTE 1.) (a) A _NOT APPLICABLE TO THIS PROCUREMENT ACTION [insert specific type of contract] de itive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the term f a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of exe ion of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other ually agreeable clauses, terms, and conditions. The Contractor agrees to submit a [insert specific type of propo e.g., fixed -price or cost and -fee] proposal and cost or pricing data supporting its proposal. (b) The schedule for defmitizing this contract is [insert target date for definitization of the contra proposal, beginning of negotiations, and, if appropriate, submission of make -or -buy and subc NOT APPLICABLE TO THIS PROCUREMENT ACTION nd dates for submission of acting plans and cost or pricing data]: (1) After the Contracting Officer's dete ation of price or fee, the contract shall be governed by (c) If agreement on a definitive contract to supersede this left contract is not reached by the target date in paragraph (b) of this section, or within any extension of it granted by the Contr ting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price o ee in accordance with Subpart 15.4 and Part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government L. •ility clause. Page 12 of 27 OCTOBER 1997 (i) All clauses required by the FA •n the date of execution of this letter contract for either fixed -price or cost reimbursement contracts, as determined by the ntracting Officer under this paragraph (c); (ii) All clauses required b aw as of the date of the Contracting Officer's determination; and (iii) Any other cla s, terms, and conditions mutually agreed upon. (2) To the e nt consistent with subparagraph (c)(1) of this section, all clauses, terms, and conditions included in this letter contract shall con ue in effect, except those that by their nature apply only to a letter contract. (E• of clause) I.8 52.223 -14 TOXIC CHEMICAL RELEASE REPORTING OCTOBER 1996 (a) Unless otherwise exempt, the Contractor owned or operated facilities used in the performance of this contract shall file by July 1 for the prior calendar year an annual Toxic Chemical Release Inventory Form (Form R) as described in sections 313 (a) and (g) of the Emergency Planning and Community Right -to -Know of 1986 (EPCRA) (42 U.S.C. 11023(a) and (g)), and section 6607 of the Award /Contract Document No. C9500010245 (1) The Contractor shall notify the Contracting Officer; and Document Title R9500010245 P.A. Contract Costs Page 13 of 27 Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106). Such Contractor facilities shall file the annual Form R throughout the life of the contract. (b) A Contractor is exempt from the requirement to file an annual Form R if none of the Contractor owned or operated facilities used in the performance of this contract (1) Manufacturers, process or otherwise use any toxic chemicals listed under section 313(c) of EPCRA, 42 U.S.C. 11023(c); (2) Have 10 or more full -time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A); (3) Meet the reporting threshold of toxic chemicals established under section 313(f) of EPCRA (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA); or (4) Fall within Standard Industrial Classification Code (SIC) designations 20 through 39 as set forth in FAR 19.102. (c) If the Contractor has certified to be exempt in accordance with one or more of the criteria in paragraph (b) of this clause, and after award of the contract circumstances change so that any one of its owned or operated facilities used in the performance of this contract is no longer exempt (2) The Contractor owned and operated facilities used in the performance of this contract, unless otherwise exempt, shall (I) submit a Toxic Chemical Release Inventory Form (Form R) on or before July 1 for the prior calendar year during which the Contractor becomes eligible; and (ii) continue to file the annual Form R for the life of the contract. (d) The Contracting Officer may terminate this contract or take other action as appropriate, if the Contractor fails to comply accurately and fully with the EPCRA and PPA toxic chemical release filing and reporting requirements. (e) Except for acquisitions of commercial items, as defined in FAR Part 12, the Contractor shall (1) For competitive subcontracts expected to exceed $100,000 (including all options), include a solicitation provision substantially the same as the provision at FAR 52.223 -13, Certification of Toxic Chemical Release Reporting; and (2) Include in any resultant subcontract exceeding $100,000 (including all options) with subcontractors having SIC designations of major groups 20 through 39 as set forth in FAR 19.102, the substance of this clause, except this paragraph (e). I.9 52.225 13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JULY 2000 (a) The Contractor shall not acquire, for use in the performance of this contract, any supplies or services originating from sources within, or that were located in or transported from or through, countries whose products are banned from importation into the United States under regulations of the Office of Foreign Assets Control, Department of the Treasury. Those countries are Cuba, Iran, Iraq, Libya, North Korea, Sudan, the territory of Afghanistan controlled by the Taliban, and Serbia (excluding the territory of Kosovo). (b) The Contractor shall not acquire for use in the performance of this contract any supplies or services from entities controlled by the government of Iraq. (c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts. (End of clause) I.10 52.243 -01 CHANGES -FIXED PRICE ALTERNATE I APRIL 1984 ALT I Award /Contract Document No. C9500010245 Document Title R9500010245 P.A. Contract Costs Page 14 of 27 (a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following: (1) Description of services to be performed. (2) Time of performance (i.e., hours of the day, days of the week, etc.). (3) Place of performance of the services. (b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. (c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract. (d) If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property. (e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. I.11 52.243 -07 NOTIFICATION OF CHANGES APRIL 1984 (a) Defmitions. "Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer. "Specifically authorized representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority. (b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing, within 10_ calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state (1) The date, nature, and circumstances of the conduct regarded as a change; (2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct; (3) The identification of any documents and the substance of any oral communication involved in such conduct; (4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose; (5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including— (i) What contract line items have been or may be affected by the alleged change; Award/Contract Document No. C9500010245 Document Title R9500010245 P.A. Contract Costs (ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change; Page 15 of 27 (iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change; (iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and (6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance. (c) Continued performance. Following submission of the notice required by (b) above, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in (b) above, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall countermand any action which exceeds the authority of the SAR. (d) Government response. The Contracting Officer shall promptly, within 10 calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either- (1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; (2) Countermand any communication regarded as a change; (3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or (4) In the event the Contractor's notice information is inadequate to make a decision under subparagraphs (d)(1), (2), or (3) above, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond. (e) Equitable adjustments. (1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made (i) In the contract price or delivery schedule or both; and (ii) In such other provisions of the contract as may be affected. (2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in (b) and (c) above. NOTE: The phrases "contract price" and "cost" wherever they appear in the clause, may be appropriately modified to apply to cost reimbursement or incentive contracts, or to combinations thereof. I.12 52.244 -06 SUBCONTRACTS FOR COMMERCIAL ITEMS AND OCTOBER 1998 COMMERCIAL COMPONENTS Award /Contract (a) Defmition. Document No. C9500010245 Document Title R9500010245 P.A. Contract Costs "Commercial item as used in this clause, has the meaning contained in the clause at 52.202 -1, Definitions. Page 16 of 27 "Subcontract as used in this clause, includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier. (b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract. (c) Notwithstanding any other clause of this contract, the Contractor is not required to include any FAR provision or clause, other than those listed below to the extent they are applicable and as may be required to establish the reasonableness of prices under Part 15, in a subcontract at any tier for commercial items or commercial components: (1) 52.222 -26, Equal Opportunity (E.O. 11246); (2) 52.222 -35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212(a)); (3) 52.222 -36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793); and (4) 52.247 -64, Preference for Privately Owned U.S. Flagged Commercial Vessels (46 U.S.C. 1241) (flow down not required for subcontracts awarded beginning May 1, 1996). (d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract. I.13 52.248 -01 VALUE ENGINEERING FEBRUARY 2000 (a) General. The Contractor is encouraged to develop, prepare, and submit value engineering change proposals (VECP's) voluntarily. The Contractor shall share in any net acquisition savings realized from accepted VECP's, in accordance with the incentive sharing rates in paragraph (f) below. (b) Definitions. "Acquisition savings," as used in this clause, means savings resulting from the application of a VECP to contracts awarded by the same contracting office or its successor for essentially the same unit. Acquisition savings include (1) Instant contract savings, which are the net cost reductions on this, the instant contract, and which are equal to the instant unit cost reduction multiplied by the number of instant contract units affected by the VECP, less the Contractor's allowable development and implementation costs; (2) Concurrent contract savings, which are net reductions in the prices of other contracts that are definitized and ongoing at the time the VECP is accepted; and (3) Future contract savings, which are the product of the future unit cost reduction multiplied by the number of future contract units in the sharing base. On an instant contract, future contract savings include savings on increase in quantities after VECP acceptance that are due to contract modifications, exercise of options, additional orders, and funding of subsequent year requirements on a multiyear contract. "Collateral savings," as used in this clause, means those measurable net reductions resulting from a VECP in the agency's overall projected collateral costs, exclusive of acquisition savings, whether or not the acquisition cost changes. "Contracting office" includes any contracting office that the acquisition is transferred to, such as another branch of the agency or another agency's office that is performing a joint acquisition action. Award /Contract Document No. C9500010245 Document Title R9500010245 P.A. Contract Costs Page 17 of 27 "Contractor's development and implementation costs," as used in this clause, means those costs the Contractor incurs on a VECP specifically in developing, testing, preparing, and submitting the VECP, as well as those costs the Contractor incurs to make the contractual changes required by Government acceptance of a VECP. "Future unit cost reduction," as used in this clause, means the instant unit cost reduction adjusted as the Contracting Officer considers necessary for projected learning or changes in quantity during the sharing period. It is calculated at the time the VECP is accepted and applies either (1) throughout the sharing period, unless the Contracting Officer decides that recalculation is necessary because conditions are significantly different from those previously anticipated or (2) to the calculation of a lump -sum payment, which cannot later be revised. "Government costs," as used in this clause, means those agency costs that result directly from developing and implementing the VECP, such as any net increases in the cost of testing, operations, maintenance, and logistics support. The term does not include the normal administrative costs of processing the VECP or any increase in this contract's cost or price resulting from negative instant contract savings. "Instant contract," as used in this clause, means this contract, under which the VECP is submitted. It does not include increases in quantities after acceptance of the VECP that are due to contract modifications, exercise of options, or additional orders. If this is a multiyear contract, the term does not include quantities funded after VECP acceptance. If this contract is a fixed -price contract with prospective price redetermination, the term refers to the period for which firm prices have been established. "Instant unit cost reduction" means the amount of the decrease in unit cost of performance (without deducting any Contractor's development or implementation costs) resulting from using the VECP on this, the instant contract. If this is a service contract, the instant unit cost reduction is normally equal to the number of hours per line -item task saved by using the VECP on this contract, multiplied by the appropriate contract labor rate. "Negative instant contract savings" means the increase in the cost or price of this contract when the acceptance of a VECP results in an excess of the Contractor's allowable development and implementation costs over the product of the instant unit cost reduction multiplied by the number of instant contract units affected. "Net acquisition savings" means total acquisition savings, including instant, concurrent, and future contract savings, less Government costs. "Sharing base," as used in this clause, means the number of affected end items on contracts of the contracting office accepting the VECP. "Sharing period," as used in this clause, means the period beginning with acceptance of the first unit incorporating the VECP and ending at a calendar date or an event determined by the contracting officer for each VECP. "Unit," as used in this clause, means the item or task to which the Contracting Officer and the Contractor agree the VECP applies. "Value engineering change proposal (VECP)" means a proposal that- (1) Requires a change to this, the instant contract, to implement; and (2) Results in reducing the overall projected cost to the agency without impairing essential functions or characteristics; provided, that it does not involve a change- (i) In deliverable end item quantities only; (ii) In research and development (R &D) end items or R &D test quantities that is due solely to results of previous testing under this contract; or (iii) To the contract type only. (c) VECP preparation. As a minimum, the Contractor shall include in each VECP the information described in subparagraphs (1) through (8) below. If the proposed change is affected by contractually required configuration management or similar procedures, the instructions in those procedures relating to format, identification, and priority assignment shall govern VECP preparation. The VECP shall include the following: Award /Contract Document No. C9500010245 Document Title R9500010245 P.A. Contract Costs Page 18 of 27 (1) A description of the difference between the existing contract requirement and the proposed requirement, the comparative advantages and disadvantages of each, a justification when an item's function or characteristics are being altered, the effect of the change on the end item's performance, and any pertinent objective test data. (2) A list and analysis of the contract requirements that must be changed if the VECP is accepted, including any suggested specification revisions. (3) Identification of the unit to which the VECP applies. (4) A separate, detailed cost estimate for (i) the affected portions of the existing contract requirement and (ii) the VECP. The cost reduction associated with the VECP shall take into account the Contractor's allowable development and implementation costs, including any amount attributable to subcontracts under the Subcontracts paragraph of this clause, below. (5) A description and estimate of costs the Government may incur in implementing the VECP, such as test and evaluation and operating and support costs. (6) A prediction of any effects the proposed change would have on collateral costs to the agency. (7) A statement of the time by which a contract modification accepting the VECP must be issued in order to achieve the maximum cost reduction, noting any effect on the contract completion time or delivery schedule. (8) Identification of any previous submissions of the VECP, including the dates submitted, the agencies and contract numbers involved, and previous Government actions, if known. (d) Submission. The Contractor shall submit VECP's to the Contracting Officer, unless this contract states otherwise. If this contract is administered by other than the contracting office, the Contractor shall submit a copy of the VECP simultaneously to the Contracting Officer and to the Administrative Contracting Officer. (e) Government action. (1) The Contracting Officer will notify the Contractor of the status of the VECP within 45 calendar days after the contracting office receives it. If additional time is required, the Contracting Officer will notify the Contractor within the 45 -day period and provide the reason for the delay and the expected date of the decision. The Government will process VECP's expeditiously; however, it will not be liable for any delay in acting upon a VECP. (2) If the VECP is not accepted, the Contracting 0 fficer will notify the Contractor in writing, explaining the reasons for rejection. The Contractor may withdraw any VECP, in whole or in part, at any time before it is accepted by the Government. The Contracting Officer may require that the Contractor provide written notification before undertaking significant expenditures for VECP effort. (3) Any VECP may be accepted, in whole or in part, by the Contracting Officer's award of a modification to this contract citing this clause and made either before or within a reasonable time after contract performance is completed. Until such a contract modification applies a VECP to this contract, the Contractor shall perform in accordance with the existing contract. The decision to accept or reject all or part of any VECP is a unilateral decision made solely at the discretion of the Contracting Officer. (f) Sharing rates. If a VECP is accepted, the Contractor shall share in net acquisition savings according to the percentages shown in the table below. The percentage paid the Contractor depends upon (1) this contract's type (fixed- price, incentive, or cost reimbursement), (2) the sharing arrangement specified in paragraph (a) above (incentive, program requirement, or a combination as delineated in the Schedule), and (3) the source of the savings (the instant contract, or concurrent and future contracts), as follows: CONTRACTOR'S SHARE OF NET ACQUISITION SAVINGS [See looseleaf FAR for Chart] (g) Calculating net acquisition savings. (1) Acquisition savings are realized when (i) the cost or price is reduced on the instant contract, (ii) reductions are negotiated in concurrent contracts, (iii) future contracts are awarded, or (iv) agreement is reached on a lump -sum payment for future contract savings (see subparagraph (i)(4) below). Net acquisition savings are first realized, and the Contractor shall be paid a share, when Government costs and any negative instant contract savings have been fully offset against acquisition savings. Award /Contract Document No. C9500010245 Document Title R9500010245 P.A. Contract Costs (2) Except in incentive contracts, Government costs and any price or cost increases resulting from negative instant contract savings shall be offset against acquisition savings each time such savings are realized until they are fully offset. Then, the Contractor's share is calculated by multiplying net acquisition savings by the appropriate Contractor's percentage sharing rate (see paragraph (f) above). Additional Contractor shares of net acquisition savings shall be paid to the Contractor at the time realized. (3) If this is an incentive contract, recovery of Government costs on the instant contract shall be deferred and offset against concurrent and future contract savings. The Contractor shall share through the contract incentive structure in savings on the instant contract items affected. Any negative instant contract savings shall be added to the target cost or to the target price and ceiling price, and the amount shall be offset against concurrent and future contract savings. (4) If the Government does not receive and accept all items on which it paid the Contractor's share, the Contractor shall reimburse the Government for the proportionate share of these payments. (h) Contract adjustment. The modification accepting the VECP (or a subsequent modification issued as soon as possible after any negotiations are completed) shall— (1) Reduce the contract price or estimated cost by the amount of instant contract savings, unless this is an incentive contract; (2) When the amount of instant contract savings is negative, increase the contract price, target price and ceiling price, target cost, or estimated cost by that amount; (3) Specify the Contractor's dollar share per unit on future contracts, or provide the lump -sum payment; (4) Specify the amount of any Government costs or negative instant contract savings to be offset in determining net acquisition savings realized from concurrent or future contract savings; and (5) Provide the Contractor's share of any net acquisition savings under the instant contract in accordance with the following: (i) Fixed -price contracts- -add to contract price. (ii) Cost reimbursement contracts- -add to contract fee. Page 19 of 27 (i) Concurrent and future contract savings. (1) Payments of the Contractor's share of concurrent and future contract savings shall be made by a modification to the instant contract in accordance with subparagraph (h)(5) above. For incentive contracts, shares shall be added as a separate firm -fixed -price line item on the instant contract. The Contractor shall maintain records adequate to identify the fast delivered unit for 3 years after final payment under this contract. (2) The Contracting Officer shall calculate the Contractor's share of concurrent contract savings by (i) subtracting from the reduction in price negotiated on the concurrent contract any Government costs or negative instant contract savings not yet offset and (ii) multiplying the result by the Contractor's sharing rate. (3) The Contracting Officer shall calculate the Contractor's share of future contract savings by (i) multiplying the future unit cost reduction by the number of future contract units scheduled for delivery during the sharing period, (ii) subtracting any Government costs or negative instant contract savings not yet offset, and (iii) multiplying the result by the Contractor's sharing rate. (4) When the Government wishes and the Contractor agrees, the Contractor's share of future contract savings may be paid in a single lump sum rather than in a series of payments over time as future contracts are awarded. Under this alternate procedure, the future contract savings may be calculated when the VECP is accepted, on the basis of the Contracting Officer's forecast of the number of units that will be delivered during the sharing period. The Contractor's share shall be included in a modification to this contract (see subparagraph (h)(3) above) and shall not be subject to subsequent adjustment. (5) Alternate no -cost settlement method. When, in accordance with subsection 48.104 -04 of the Federal Acquisition Regulation, the Government and the Contractor mutually agree to use the no -cost settlement method, the following applies: (i) The Contractor will keep all the savings on the instant contract and on its concurrent contracts only. (ii) The Government will keep all the savings resulting from concurrent contracts placed on other sources, savings from all future contracts, and all collateral savings. Award /Contract Document No. C9500010245 Document Title R9500010245 P.A. Contract Costs Page 20 of 27 (j) Collateral savings. If a VECP is accepted, the Contracting Officer will increase the instant contract amount, as specified in paragraph (h)(5) of this clause, by a rate from 20 to 100 percent, as determined by the Contracting Officer, of any projected collateral savings determined to be realized in a typical year of use after subtracting any Government costs not previously offset. However, the Contractor's share of collateral savings will not exceed the contract's firm -fixed -price, target price, target cost, or estimated cost, at the time the VECP is accepted, or $100,000, whichever is greater. The Contracting Officer will be the sole determiner of the amount of collateral savings. (k) Relationship to other incentives. Only those benefits of an accepted VECP not rewardable under performance, design -to -cost (production unit cost, operating and support costs, reliability and maintainability), or similar incentives shall be rewarded under this clause. However, the targets of such incentives affected by the VECP shall not be adjusted because of VECP acceptance. If this contract specifies targets but provides no incentive to surpass them, the value engineering sharing shall apply only to the amount of achievement better than target. (1) Subcontracts. The Contractor shall include an appropriate value engineering clause in any subcontract of $100,000 or more and may include one in subcontracts of lesser value. In calculating any adjustment in this contract's price for instant contract savings (or negative instant contract savings), the Contractor's allowable development and implementation costs shall include any subcontractor's allowable development and implementation costs, and any value engineering incentive payments to a subcontractor, clearly resulting from a VECP accepted by the Government under this contract. The Contractor may choose any arrangement for subcontractor value engineering incentive payments; provided, that the payments shall not reduce the Government's share of concurrent or future contract savings or collateral savings. (m) Data. The Contractor may restrict the Government's right to use any part of a VECP or the supporting data by marking the following legend on the affected parts: "These data, furnished under the Value Engineering clause of contract C9500010245, shall not be disclosed outside the Government or duplicated, used, or disclosed, in whole or in part, for any purpose other than to evaluate a value engineering change proposal submitted under the clause. This restriction does not limit the Government's right to use information contained in these data if it has been obtained or is otherwise available from the Contractor or from another source without limitations." If a VECP is accepted, the Contractor hereby grants the Government unlimited rights in the VECP and supporting data, except that, with respect to data qualifying and submitted as limited rights technical data, the Government shall have the rights specified in the contract modification implementing the VECP and shall appropriately mark the data. (The terms "unlimited rights" and "limited rights" are defined in Part 27 of the Federal Acquisition Regulation.) I.14 52.252 -02 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this /these address(es): http: /www.arnet.gov /far I.15 52.252 -06 AUTHORIZED DEVIATIONS IN CLAUSES APRIL 1984 (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. Award /Contract Document No. C9500010245 Document Title R9500010245 P.A. Contract Costs (b) The use in this solicitation or contract of any (48 CFR indicated by the addition of "(DEVIATION)" after the name of the regulation. 1 clause with an authorized deviation is Page 21 of 27 Award /Contract Document No. C9500010245 Document Title R9500010245 P.A. Contract Costs SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS K.1 52.204 -05 WOMEN -OWNED BUSINESS (OTHER THAN SMALL MAY 1999 BUSINESS) Page 22 of 27 (a) Definition. "Women -owned business concern," as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. (b) Representation. [Complete only if the offeror is a women -owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219 -1, Small Business Program Representations, of this solicitation.] The offeror represents that it is a women -owned business concern. K.2 52.209 -05 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS MARCH 1996 (a)(1) The Offeror certifies, to the best of its knowledge and belief, that— (i) The Offeror and/or any of its Principals- (A) Are are not N presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have have not within a three -year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and (C) Are are not N presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision. (ii) The Offeror has has not X], within a three -year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Award /Contract Document No. C9500010245 Document Title R9500010245 P.A. Contract Costs Page 23 of 27 Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. K.3 52.219 -01 SMALL BUSINESS PROGRAM REPRESENTATIONS OCTOBER 2000 ALT I ALTERNATE I (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541990. (2) The small business size standard is 500 employees. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) Representations. (1) The offeror represents as part of its offer that it is, PO is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it is, is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it is, is not a women -owned small business concern. (4) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it is, is not a veteran-owned small business concern. (5) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer that it is, is not a service disabled veteran-owned small business concern. (6) [Complete only if offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that (i) It is, J -is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It is, is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (c) Defmitions. As used in this provision "Service- disabled veteran-owned small business concern" (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service- disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16). Award /Contract Document No. C9500010245 °Small business concern," means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women -owned small business concern," means a small business concern (1) Which is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set -aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, Hubzone small, small disadvantaged, or women owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall- (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. (End of provision) Document Title R9500010245 P.A. Contract Costs Page 24 of 27 K.4 52.219 -19 SMALL BUSINESS CONCERNS REPRESENTATION FOR JANUARY 1997 THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM (a) Definition. "Emerging small business" as used in this solicitation, means a small business concern whose size is no greater than 50 percent of the numerical size standard applicable to the standard industrial classification code assigned to a contracting opportunity. (b) [Complete only if the Offeror has represented itself under the provision at 52.219 -1 as a small business concern under the size standards of this solicitation.] The Offeror is, is not an emerging small business. (c) [Complete only if the Offeror is a small business or an emerging small business, indicating its size range.] Offeror's number of employees for the past 12 months [check this column if size standard stated in solicitation is expressed in terms of number of employees] or Offeror's average annual gross revenue for the last 3 fiscal years [check this column if size standard stated in solicitation is expressed in terms of annual receipts]. [Check one of the following.] No. of Employees Avg. Annual Gross Revenues 50 or fewer $1 million or less 51 100 $1,000,001 $2 million 101 250 $2,000,001 $3.5 million 251 500 $3,500,001 $5 million 501- 750 $5,000,001 $10 million Award /Contract Document No. C9500010245 751 1,000 $10,000,001 $17 million Over 1,000 Over $17 million K.5 52.222 -22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS FEBRUARY 1999 The offeror represents that Document Title R9500010245 P.A. Contract Costs (a) It has, poi has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; K.6 52.222 -25 AFFIRMATIVE ACTION COMPLIANCE APRIL 1984 Page 25 of 27 (b) It has has not filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. The offeror represents that (a) it has developed and has on file, Di has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60 -1 and 60 -2), or (b) if has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. K.7 52.226 -02 HISTORICALLY BLACK COLLEGE OR UNIVERSITY MAY 1997 AND MINORITY INSTITUTION REPRESENTATION (a) Defmitions. As used in this provision— "Historically Black College or University" means an institution determined by the Secretary of Education to meet the requirements of 34 CFR 608.2. For the Department of Defense, the National Aeronautics and Space Administration, and the Coast Guard, the term also includes any nonprofit research institution that was an integral part of such a college or university before November 14, 1986. "Minority Institution" means an institution of higher education meeting the requirements of Section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1135d -5(3)) which, for the purpose of this provision, includes a Hispanic- serving institution of higher education as defined in Section 316(b)(1) of the Act (20 U.S.C. 1059c(b)(1)). (b) Representation. The offeror represents that it— is P9 is not a Historically Black College or University; is pol is not a Minority Institution. L Award /Contract Document No. Document Title Page 26 of 27 C9500010245 R9500010245 P.A. Contract Costs THIS PAGE IS INTENTIONALLY BLANK Award /Contract Document No. C9500010245 Document Title R9500010245 P.A. Contract Costs ,SECTION L INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS L.1 52.204 -06 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) JUNE 1999 NUMBER Page 27 of 27 (a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" followed by the DUNS number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine -digit number assigned by Dun and Bradstreet Information Services. (b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to the offeror. For information on obtaining a DUNS number, the offeror, if located within the United States, should call Dun and Bradstreet at 1- 800 333 -0505. The offeror should be prepared to provide the following information: (1) Company name. (2) Company address. (3) Company telephone number. (4) Line of business. (5) Chief executive officer/key manager. (6) Date the company was started. (7) Number of people employed by the company. (8) Company affiliation. (c) Offerors located outside the United States may obtain the location and phone number of the local Dun and Bradstreet Information Services office from the Internet home page at http /www.customerservice @dnb.com. If an offeror is unable to locate a local service center, it may send an e -mail to Dun and Bradstreet at globalinfo @mail.dnb.com. L.2 52.216 -01 TYPE OF CONTRACT APRIL 1984 The Government contemplates award of a firm fixed price contract. ORDER FOR'SUPPLIES OR SERVICES IMPORTANT: Mark all packages and papers with contract and /or order numbers. 1 DATE OF ORDER 2. CONTRACT NO. (If any) I 6 SHIP TO: Brian D 0,',705/2004 Ia. NAME OF CONSIGNEE 3. ORDER NO. 4 REQUISITION /REFERENCE NO. PWR OLYM OlvmDic National Park P9500040148 R9500040148 5 ISSUING OFFICE (Address correspondence to) PWR OLYM Olympic National Park 600 East Park Ave Port Angeles WA 7 TO. a NAME OF CONTRACTOR Mr. Glenn Cutler b. COMPANY NAME City of Port Angeles c. STREET ADDRESS 321 E. 5th Street,P.O.Box 1150 d. CITY e. STATE f ZIP CODE Port Angeles WA 98362 9. ACCOUNTING AND APPROPRIATION DATA 2004 9500 252Z 477 0071 11 BUSINESS CLASSIFICATION a SMALL 12. F.O.B POINT Destination a. INSPECTION ITEM NO. (a) NSN 7540 -01- 152 -8083 Previous edition not usable 13 PLACE OF b ACCEPTANCE (Check appropriate box(es)) SEE BILLING I INSTRUCTIONS a. NAME ON PWR OLYM Olympic National Park REVERSE b STREET ADDRESS (or P 0 Box) 600 East Park Ave 98362 -6798 b OTHER THAN SMALL SUPPLIES OR SERVICES (b) SEE LINE ITEM DETAIL 21 MAIL INVOICE TO. Brian D. Winter c. CITY Port Angeles 22. UNITED STATES OF AMERICA BY (Signature) j A c n 6)4 j b. STREET ADDRESS 600 East Park Ave c. CITY If SHIP VIA Port Angeles a PURCHASE REFERENCE YOUR 10. REQUISITIONING OFFICE PWR OLYM Olympic National Park c DISADVANTAGED 14. GOVERNMENT B/L NO. 15. DELIVER TO F O.B POINT ON OR BEFORE (Date) 17 SCHEDULE (See reverse for Rejections) QUANTITY ORDERED (c) d. STATE WA 02/10/2004 18 SHIPPING POINT 19 GROSS SHIPPING WEIGHT 20 INVOICE Is O. UNIT (d) 44 a, 55 AGE OF PAGES 1 Winter 8. TYPE OF ORDER El Please furnish the following on the terms and conditions specified on both sides of this order and on the attached sheet, if any, including delivery as indicated UNIT PRICE (e) ORIGINAL d. STATE e ZIP CODE WA 98362 -6798 b DELIVERY Except for billing instructions on the reverse, this delivery order is subject to instructions contained on this side only of this form and is issued subject to the terms and conditions of the above numbered contract d WOMEN -OWNED 16. DISCOUNT TERMS 5 10 days 20 days 30 days days AMOUNT (f) Ok QUANTITY ACCEPTED (9) 17(h) TOT. (Cont pages) 17(i) $4,700 00 GRAND TOTAL e ZIP CODE 98362 -6798 23. NAME (Typed) Sandra A Thomas TITLE CONTRACTING /ORDERING OFFICER OPTIONAL FORM 347 (REV 6/95) Prescribed by GSA/FAR 48 CFR 53 213(e) y SUPPLEMENTAL INVOICING INFORMATION PAGE NO. 2 of 5 If desired, this order (or a copy thereof) may be used by the Contractor as the Contractor's invoice, instead of a separate invoice, provided the following statement, (signed and dated) is on (or attached to) the order. "Payment is requested in the amount of No other invoice will be submitted However, if the Contractor wishes to submit an invoice, the following information must be provided, contract number (if any), order number, item number(s), description of supplies or service, sizes, quantities, unit prices, and extended totals. Prepaid shipping costs will be indicated as a separate item on the invoice. Where shipping costs exceed'$10 (except for parcel post), the billing must be supported by a bill of lading or receipt. When several orders are invoiced to an ordenng activity during the same billing period, consolidated periodic billings are encouraged. RECEIVING REPORT Quantity in the "Quantity Accepted" column on the face of this order has been. 0 inspected, by me and conforms to contract. Items listed below have been rejected for the reasons indicated. SHIPMENT PARTIAL I I DATE RECEIVED SIGNATURE OF AUTHORIZED U.S. GOVT REP. NUMBER FINAL TOTAL CONTAINERS GROSS WEIGHT RECEIVED AT TITLE ITEM NO. REPORT OF REJECTIONS SUPPLIES OR SERVICES UNIT QUANTITY REJECTED 0 accepted, 0 received DATE REASON FOR REJECTION OPTIONAL FORM 347 (REV 6/95) BACK ORDER FOR SUPPLIES OR SERVICES PAGE NO. SCHEDULE CONTINUATION 3 of 5 IMPORTANT: Mark all packages and papers with contract and /or order numbers. DATE OF ORDER CONTRACT NO ORDER NO. 02/05/2004 P9500040148 QUANTITY UNIT QUANTITY ITEM NO. SUPPLIES OR SERVICES ORDERED UNIT PRICE AMOUNT ACCEPTED (a) (b) (c) (d) (e) (0 (9) 0001 Provide Professional Participation on Value Engineering Team for review c f 1.00 job 4,700.000 4,700.00 Elwha Surface Information Delivery Date 02/10/2004 NSN 7540 01 152 8082 Reference Requisition: R9500040148 TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM 17i) $4,700.00 OPTIONAL FORM 348 (10 -83) Prescribed by GSA -FAR (48 CFR) Contract Level Document Number Title Funding Summary P9500040148 2004 -9500- -252Z- -477- -0071 $4,700 00 Reference Requisition. R9500040148 R9500040148 City of PA VET Total Funding: $4,700.00 Page 4 of 5 Document No. P9500040148 Document Title R9500040148 City of PA VET TABLE OF CONTENTS Page 5 of 5 ORDER FOR SUPPLIES OR SERVICES IMPORTANT: Mark all packages and papers with contract anaior order numbers. 1. DATE OF ORDER 04/10/2003 3 ORDER NO P9500030249 5. ISSUING OFFICE PWR OLYM Olympic National Park 600 East Park Ave Port Angeles 4. REQUISITION /REFERENCE NO R9500030249 (Address correspondence to) WA 7. TO: a. NAME OF CONTRACTOR Mr. Glenn Cutler b COMPANY NAME City of Port Angeles c STREET ADDRESS 321 E. 5th Street,P.O.Box 1150 2 CONTRACT NO. (If any) d CITY e. STATE Port Angeles WA 9. ACCOUNTING AND APPROPRIATION DATA 2003 9500 252Z 477 0071 11. BUSINESS CLASSIFICATION El a SMALL 12. F.O.B POINT Destination ITEM NO (a) SEE BILLING INSTRUCTIONS ON REVERSE NSN 7540 -01- 152 -8083 Previous edition not usable 18. SHIPPING POINT 13 PLACE OF a. INSPECTION b. ACCEPTANCE 98362 -6798 f. ZIP CODE 98362 SUPPLIES OR SERVICES (b) SEE LINE ITEM DETAIL a NAME PWR OLYM Olympic National Park b STREET ADDRESS (or P 0 Box) 600 East Park Ave c CITY Port Angeles 22. UNITED STATES OF AMERICA BY (Signature) ,.__.2,6"- 6. SHIP TO: a. NAME OF CONSIGNEE PWR OLYM Olympic National Park b. STREET ADDRESS 600 East Park Ave c. CITY Port Angeles If. SHIP VIA 17. SCHEDULE (See reverse for Rejections) QUANTITY ORDERED (c) 21. MAIL INVOICE TO: Misty L. Gates a PURCHASE REFERENCE YOUR Please furnish the following on the terms and conditions specified on both sides of this order and on the attached sheet, if any, including delivery as indicathd 10. REQUISITIONING OFFICE PWR OLYM Olympic National Park (Check appropriate box(es)) b OTHER THAN SMALL c DISADVANTAGED 14. GOVERNMENT B/L NO. 15. DELIVER TO F.O.B. POINT ON OR BEFORE (Date) 19. GROSS SHIPPING WEIGHT 20. INVOICE Is O. d. STATE WA UNIT (d) Brian D. Winter 8. TYPE OF ORDER n UNIT PRICE (e) PAGE OF PAGES 1 111 ORIGINAL d. STATE e ZIP CODE WA 98362 -6798 b DELIVERY Except for billing instructions on the reverse, this delivery order is subject to instructions contained on this side only of this form and is issued subject to the terms and conditions of the above- numbered contract d WOMEN -OWNED 16. DISCOUNT TERMS 10 days 20 days 30 days days AMOUNT (f) 3,5_ QUANTITY ACCEPTED (9) 17(h) TOT. (Cont. pages) 17(i) e. ZIP CODE $17,750 00 GRAND 98362 -6798 23. NAME (Typed) Sandra A. Thomas TITLE CONTRACTING /ORDERING OFFICER OPTIONAL FORM 347 (REV 6/95) Prescribed by GSA/FAR 48 CFR 53 213(e) SUPPLEMENTAL INVOICING INFORMATION PAGE NO. 2 of 11 If desired, this order (or a copy thereof) may be used by the Contractor as the Contractor's invoice, instead of a separate invoice, provided the following statement, (signed and dated) is on (or attached to) the order. "Payment is requested in the amount of No other invoice will be submitted." However, if the Contractor wishes to submit an invoice, the following information must be provided, contract number (if any), order number, item number(s), description of supplies or service, sizes, quantities, unit prices, and extended totals. Prepaid shipping costs will be indicated as a separate item on the invoice. Where shipping costs exceed $10 (except for parcel post), the billing must be supported by a bill of lading or receipt. When several orders are invoiced to an ordering activity during the same billing period, consolidated periodic billings are encouraged RECEIVING REPORT Quantity in the "Quantity Accepted" column on the face of this order has been: El inspected, by me and conforms to contract. Items listed below have been rejected for the reasons indicated. SHIPMENT I PARTIAL I DATE RECEIVED SIGNATURE OF AUTHORIZED U.S. GOVT REP. NUMBER I FINAL I TOTAL CONTAINERS GROSS WEIGHT RECEIVED AT TITLE ITEM NO REPORT OF REJECTIONS SUPPLIES OR SERVICES UNIT QUANTITY REJECTED accepted, Ill received DATE REASON FOR REJECTION OPTIONAL FORM 347 (REV 6/95) BACK ORDER FOR SUPPLIES OR SERVICES SCHEDULE CONTINUATION IMPORTANT: Mark all packages and papers with contract and /or order numbers. DATE OF ORDER CONTRACT NO. 04/10/2003 ITEM NO. (a) 0001 Provide engineering input during Value Engineering review of municipal water treatmen NSN 7540 01 152 8082 SUPPLIES OR SERVICES (b) report no later than Apnl 25, 2003 Start Date 04/10/2003 Reference Requisition* R9500030249 End Date 04/25/2003 ORDER NO. 1 00 Is 17,750.000 17,750.0C TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM 17!) $17,750 00 P9500030249 PAGE NO. 3 of 11 QUANTITY UNIT QUANTITY ORDERED UNIT PRICE AMOUNT ACCEPTED (c) (d) (e) (f) (9) OPTIONAL FORM 348 (10 -83) Prescribed by GSA -FAR (48 CFR) Contract Level Funding Summary P9500030249 2003 9500 252Z 477 0071 $17,750.00 Reference Requisition: R9500030249 Document Number Title R9500030249, City of PA Total Funding: $17,750.00 Page 4 of 11 Document No. P9500030249 Document Title Page 5 of 11 R9500030249, City of PA TABLE OF CONTENTS COMMERCIAL CLAUSES 6 1 Terms and Conditions --Simplified Acquisitions (Other Than Commercial Items) 6 SECTION F Deliveries or Performance 9 F.1 Clauses By Reference 9 SECTION I Contract Clauses 10 I.1 Clauses By Reference 10 I.2 Walsh -Healy Public Contracts Act 10 I.3 Changes -Fixed Pnce 10 I.4 Termination for Convenience of the Government (Fixed- Price) (Short Form) 11 COMMERCIAL CLAUSES Document No. Document Title Page 6 of 11 P9500030249 R9500030249, City of PA 1 52.213 -04 TERMS AND CONDITIONS SIMPLIFIED ACQUISITIONS SEPTEMBER 2002 (OTHER THAN COMMERCIAL ITEMS) (a) The Contractor shall comply with the followmg Feder al Acquisition Regulation (FAR) clauses that are incorporated by reference: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222 -3, Convict Labor (AUG 1996) (E.O. 11755). (ii) 52.222 -21, Prohibition of Segregated Facilities (FEB 1999) (E.O. 11246). (iii) 52.222 -26, Equal Opportunity (APR 2002) (E.O. 11246). (iv) 52.225 -13, Restrictions on Certain Foreign Purchases (JULY 2000) (E.O.'s 12722, 12724, 13059, 13067, 13121, and 13129). (v) 52.233 -3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) Listed below are additional clauses that apply: (1) 52.232 -1, Payments (APR 1984). (ii) 52.232 -8, Discounts for Prompt Payment (FEB 2002). (iii) 52 232 -11, Extras (APR 1984). (iv) 52 232 -25, Prompt Payment (FEB 2002). (v) 52.233 -1, Disputes (JULY 2002). (vi) 52.244 -6, Subcontracts for Commercial Items (DEC 2001). (vii) 52.253 -1, Computer Generated Forms (JAN 1991). (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the c ircumstances do not apply: (1) The clauses listed below implement provisions of law or Executive order: (1) 52.222 -19, Child Labor Cooperation with Authorities and Remedies (SEPT 2002) (E.O. 13126). (Applies to contracts for supplies exceeding the micro- purchase threshold.) (ii) 52.222 -20, Walsh- Healey Public Contracts Act (DEC 1996) (41 U.S.C. 35 -45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). (iii) 52.222 -35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U.S.C. 4212) (Applies to contracts of $25,000 or more). (iv) 52.222 -36, Affirmative Action for Workers with Disabilities (JUNE 1998) (29 U.S.C. 793) (Applies to contracts over $10,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of C olumbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S Virgin Islands, and Wake Island.) (v) 52 222 -37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U.S.C. 4212) (Applies to contracts of $25,000 or more). Document No. P9500030249 Document Title R9500030249, City of PA Page 7 of 11 (vi) 52.222 -41, Service Contract Act of 1965, As Amended (MAY 1989) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be perfo rmed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands). (vii) 52.223 -5, Pollution Prevention and Right -to -Know Information (APR 1998) (E.O. 12856) (Applies to services performed on Federal facilities). (viii) 52.225 -1, Buy American Act Supplies (MAY 2002) (41 U.S.C. l0a 10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use within the United States if the value of the supply contract or supply portion of a service contract exceeds the micropurchase threshold and the acquisition (A) Is set aside for small business concerns; or (B) Cannot be set aside for small business concerns (see 19.502 -2), and does not exceed $25,000). (ix) 52.232 -33, Payment by Electronic Funds Transfer Central Contractor Registration (May 1999). (Applies when the payment will be made by electronic funds transfer (EFT) a nd the payment office uses "the Central Contractor Registration (CCR) database as its source of EFT information.) (x) 52.232-34, Payment by Electronic Funds Transfer —Other than Central Contractor Registration (May 1999)_(Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.) (xi) 52.247 -64, Preference for Privately Owned U.S. -Flag Commercial Vessels (June 2000) (46 U.S.C. 1241). (Applies to supplies transported by ocean vessels.) (2) Listed below are additional clauses that may apply: (r) 52.209 -06, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JULY 1995) (Applies to contracts over $25,000). (ii) 52.21 1 -17, Delivery of Excess Quantities (SEPT 1989) (Applies to fixed -price supplies). (nn) 52.247 -29, F.o b. Origin (JUN 1988) (Applies to supplies if delivery is f.o.b. origm). (iv) 52.247 -34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination). (c) FAR 52.252 -02, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Office r will make their full text available. Also, the full text of a clause may be accessed electronically at this /these address(es): www.arnet.gov /far www.ios.doi.gov/pam/aindex.html (d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its post acceptance rights (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (e) Excusable delays The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably Document No. P9500030249 Document Title R9500030249, City of PA (h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. Page 8 of 11 possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (g) Termination for cause. The Government may terminate this contract, or any part hereof, for caus e in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Governm ent improperly terminated this contract for default, such termination shall be deemed a termination for convenience. Document No. P9500030249 SECTION F DELIVERIES OR PERFORMANCE F.1 52.252 -02 CLAUSES INCORPORATED BY REFERENCE This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full t ext. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this /these address(es): (Inscit one 01 more Internet addresses( I Clause 52.247 -34 Title 1 F.O.B. Destination Document Title Page 9 of 11 R9500030249, City of PA I Date I November 1991 SECTION I CONTRACT CLAUSES Document No. Document Title Page 10 of 11 P9500030249 R9500030249, City of PA I.1 52.252 -02 CLAUSES INCORPORATED BY REFERENCE This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electroni cally at this /these address(es): [Inset one of more Internet addresses] Clause 52.204 -04 52.222 -21 52.222 -26 52.223 -05 52.223 -06 52.232 -34 52 252 -06 52 253 -01 Title Printed or Copied Double -Sided on Recycled Paper. Prohibition of Segregated Facilities Equal Opportunity Pollution Prevention and Right -to -Know Information Drug Payment by Electronic Funds Transfer -Other than Central Contractor Registration Authonzed Deviations In Clauses Computer Generated Forms Date August 2000 February 1999 April 2002 April 1998 May- 2001 May 1999 Apnl 1984 January 1991 I.2 52.222 -20 WALSH -HEALY PUBLIC CONTRACTS ACT DECEMBER 1996 If this contract is for the manufacture or furnishing of materials, supplies, articles or equipment in an amount that exceeds or may exceed $10,000, and is subject to the Walsh Healey Public Contracts Act, as amended (41 U.S.0 35 -45), the following terms and conditions apply: (a) All stipulations required by the Act and regulations issued by the Secretary of Labor (41 CFR Chapter 50) are incorporated by reference. These stipulations are subject to all applicable rulings and r nterpretations of the Secretary of Labor that are now, or may hereafter, be in effect (b) All employees whose work relates to this contract shall be paid not less than the minimum wage prescribed by regulations issued by the Secretary of Labor (41 CFR 50- 202.2). Learners, student learners, apprentices, and handicapped workers may be employed at less than the prescribed minimum wage (see 41 CFR 50 202.3) to the same extent that such employment is permitted under Section 14 of the Fair Labor Standards Act (41 U.S.C. 40). 1.3 52.243 -01 CHANGES -FIXED PRICE AUGUST 1987 (a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following: (1) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications. Document No. P9500030249 (2) Method of shipment or packing. (3) Place of delivery. Document Title R9500030249, City of PA Page 11 of 11 (b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustme nt in the contract price, the delivery schedule, or both, and shall modify the contract. (c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract. (d) If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property. (e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. I.4 52149 -01 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (SHORT FORM) APRIL_19 84 The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in t he Government's interest. If this contract is terminated, the rights, duties, and obligations of the parties, including compensation to the Contractor, shall be in accordance with Part 49 of the Federal Acquisition Regulation in effect on the date of this contract. Port Angeles a NAME OF CONTRACTOR Mr. Glenn Cutler b COMPANY NAME City of Port Angeles ORDER FOR SUPPLIES OR SERVICES IMPORTANT: Mark all packages and papers with contract and /or order numbers. 1 DATE OF ORDER 2 CONTRACT NO (If any) 06/20/2003 3 ORDER NO 4 REQUISITION /REFERENCE NO P9500030249/0001 R9500030249 5 ISSUING OFFICE (Address correspondence to) PWR OLYM Olympic National Park 600 East Park Ave WA 98362 -6798 7 TO c STREET ADDRESS 321 E. 5th Street,P.O.Box 1150 d CITY e STATE f ZIP CODE Port Angeles WA 98362 9 ACCOUNTING AND APPROPRIATION DATA See Funding Detail 11 BUSINESS CLASSIFICATION a SMALL 12 F.O.B POINT Destination 13 PLACE OF a INSPECTION b ACCEPTANCE ITEM NO (a) (Check appropriate box(es)) SEE BILLING 21 MAIL INVOICE TO. INSTRUCTIONS ON Misty L. Gates REVERSE PWR OLYM Olympic National Park 600 East Park Ave b OTHER THAN SMALL SUPPLIES OR SERVICES (b) Modification SEE LINE ITEM DETAIL Port Angeles WA 98362 6798 22 UNITED STATES OF AMERICA BY (Signature) NSN 7540 -01- 152 -8083 Previous edition not usable 6 SHIP TO k NAME OF CONSIGNEE PWR OLYM Olympic National Park Ih STREET ADDRESS 600 East Park Ave c CITY Port Angeles If SHIP VIA a PURCHASE REFERENCE YOUR Please furnish the following on the terms and conditions specified on both sides of this order and on the attached sheet, if any, including delivery as indicated 10 REQUISITIONING OFFICE 17 SCHEDULE (See reverse for Rejections) PWR OLYM Olympic National Park c DISADVANTAGED 14 GOVERNMENT B/L NO 15 DELIVER TO F 0 B. POINT ON OR BEFORE (Date) QUANTITY ORDERED (c) 18 SHIPPING POINT 19 GROSS SHIPPING WEIGHT 20 INVOICE NO. 17(J) NEW TOT $17,750 00 UNIT (d) Brian D Winter 8 TYPE OF ORDER UNIT PRICE (e) 17(K) PREY. TOT. $17,750 00 d STATE e ZIP CODE WA 98362 -6798 b DELIVERY Except for billing instructions on the reverse, this delivery order is subject to instructions contained on this side only of this form and is issued subject to the terms and conditions of the above numbered contract d WOMEN -OWNED 16 DISCOUNT TERMS 10 days 20 days 30 days days AMOUNT (f) $0 00 g 55S (PAGE OF PAGES 1 At 4 Ok QUANTITY 4CCEPTED (g) 17(h) TOT. (Cont pages) 17(1) MOD TOTAL 23. NAME (Typed) Sandra A Thomas TITLE CONTRACTING /ORDERING OFFICER OPTIONAL FORM 347 (REV 6/95) Prescnbed by GSA/FAR 48 CFR 53 213(e) SUPPLEMENTAL INVOICING INFORMATION PAGE NO. 2 of 4 If desired, this order (or a copy thereof) may be used by the Contractor as the Contractor's invoice, instead of a separate invoice, provided the following statement, (signed and dated) is on (or attached to) the order "Payment is requested in the amount of No other invoice will be submitted." However, if the Contractor wishes to submit an invoice, the following information must be provided, contract number (if any), order number, item number(s), description of supplies or service, sizes, quantities, unit prices, and extended totals Prepaid shipping costs will be indicated as a separate item on the invoice Where shipping costs exceed $10 (except for parcel post), the billing must be supported by a bill of lading or receipt When several orders are invoiced to an ordering activity during the same billing period, consolidated periodic billings are encouraged Quantity in the "Quantity Accepted" column on the face of this order has been El inspected, by me and conforms to contract Items listed below have been rejected for the reasons indicated SHIPMENT I PARTIAL I I DATE RECEIVED SIGNATURE OF AUTHORIZED U S GOV'T REP NUMBER I FINAL I I TOTAL CONTAINERS GROSS WEIGHT RECEIVED AT TITLE ITEM NO RECEIVING REPORT REPORT OF REJECTIONS SUPPLIES OR SERVICES UNIT QUANTITY REJECTED accepted, received DATE REASON FOR REJECTION OPTIONAL FORM 347 (REV 6/95) BACK ORDER FOR SUPPLIES OR SERVICES SCHEDULE CONTINUATION IMPORTANT: Mark all packages and papers with contract and/or order numbers. DATE OF ORDER CONTRACT NO 06/20/2003 SUPPLIES OR QUANTITY UNIT QUANTITY ITEM NO SERVICES ORDERED UNIT PRICE AMOUNT ACCEPTED (a) (b) (c) (d) (e) (f) (g) MODIFICATION Administrative Modification to incorporate funding account number change 0001 Provide engineering input during Value Engineering review of municipal water 0 00 Is 0 000 0.00 treatment This Order (reference block 3) is hereby modified to reflect the following changes Change in Performance Period R9500030249 plant preliminary design Provide review comments in Value Engineering process report no later than April 25, 2003 Start Date End Date 04/10/2003 07/30/2003 ORDER NO P9500030249/0001 PAGE NO 3 of 4 TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM 17i) 0 00 NSN 7540 -01 -152 -8082 OPTIONAL FORM 348 (10 -83) Prescribed by GSA -FAR (48 CFR) Contract Level Funding Summary Title Page R9500030249, City of PA 4 of 4 P9500030249/0001 Reference Requisition R9500030249 Document Number Fundina Strip Code Chanae in Funded Amount 2003 9500 252Z 477 0071 ($17,750.00) 2003 9500 252Z 529 0243 $17,750 00 ORDER FOR SUPPLIES OR SERVICES IMPORTANT: Mark all packages and papers with contract and /or order numbers. 1 DATE OF ORDER 08/14/2003 3 ORDER NO P9500030397 5 ISSUING OFFICE PWR OLYM Olympic National Park 600 East Park Ave Port Angeles WA 7 TO a NAME OF CONTRACTOR b COMPANY NAME City of Port Angeles c STREET ADDRESS 321 E. 5th Street,P.O.Box 1150 d CITY e. STATE f ZIP CODE Port Angeles WA 98362 9 ACCOUNTING AND APPROPRIATION DATA 2003 9500 252Z 529 0243 11 BUSINESS CLASSIFICATION a SMALL 12 FOB POINT Destination 13. PLACE OF a INSPECTION b ACCEPTANCE ITEM NO (a) SEE BILLING INSTRUCTIONS ON REVERSE NSN 7540 -01- 152 -8083 Previous edition not usable 4 REQUISITION /REFERENCE NO R9500030397 (Address correspondence to) 18 SHIPPING POINT a NAME PWR OLYM Olympic National Park (or P 0 Box) b STREET ADDRESS 600 East Park Ave c CITY Port Angeles s> 22. UNITED STATES OF AMERICA BY (Signature) 2 CONTRACT NO (If any) (Check appropriate box(es)) Ig 98362 -6798 b OTHER THAN SMALL SUPPLIES OR SERVICES (b) SEE LINE ITEM DETAIL (h4 "�)�/4 la. NAME OF CONSIGNEE I PWR OLYM Olympic National Park lb. STREET ADDRESS 600 East Park Ave c CITY Port Angeles If SHIP VIA 14 GOVERNMENT B/L NO 21 MAIL INVOICE TO. Misty L. Gates a PURCHASE REFERENCE YOUR 6. SHIP TO Please furnish the following on the terms and conditions specified on both sides of this order and on the attached sheet, if any, including delivery as indicated 10 REQUISITIONING OFFICE PWR OLYM Olympic National Park c DISADVANTAGED 17 SCHEDULE (See reverse for Rejections) QUANTITY ORDERED (c) 19 GROSS SHIPPING WEIGHT 20 INVOICE N 15 DELIVER TO FOB POINT ON OR BEFORE (Date) d STATE WA 08/31/2003 UNIT (d) Susan Ferrel 8. TYPE OF ORDER UNIT PRICE (e) ORGAL P AGE OF PAGES I 1 11 d. STATE e. ZIP CODE WA 98362 -6798 b DELIVERY Except for billing instructions on the reverse, this delivery order is subject to instructions contained on this side only of this form and is issued subject to the terms and conditions of the above numbered contract d WOMEN -OWNED 16 DISCOUNT TERMS 10 days 20 days 30 days days AMOUNT (f) QUANTITY ACCEPTED (9) 17(h) TOT (Cont pages) 17(0 $17,750 00 GRAND e. ZIP CODE TOTAL 98362 -6798 23. NAME (Typed) Sandra A. Thomas TITLE CONTRACTING /ORDERING OFFICER OPTIONAL FORM 347 (REV 6/95) Prescribed by GSA/FAR 48 CFR 53 213(e) SUPPLEMENTAL INVOICING INFORMATION PAGE NO. 2 of 11 If desired, this order (or a copy thereof) may be used by the Contractor as the Contractor's invoice, instead of a separate invoice, provided the following statement, (signed and dated) is on (or attached to) the order "Payment is requested in the amount of No other invoice will be submitted However, if the Contractor wishes to submit an invoice, the following information must be provided; contract number (if any), order number, item number(s), description of supplies or service, sizes, quantities, unit prices, and extended totals Prepaid shipping costs will be indicated as a separate item on the invoice Where shipping costs exceed $10 (except for parcel post), the billing must be supported by a bill of lading or receipt. When several orders are invoiced to an ordering activity during the same billing period, consolidated periodic billings are encouraged. RECEIVING REPORT Quantity in the "Quantity Accepted" column on the face of this order has been: 0 inspected, by me and conforms to contract Items listed below have been rejected for the reasons indicated SHIPMENT I PARTIAL I I DATE RECEIVED SIGNATURE OF AUTHORIZED U.S. GOV'T REP. NUMBER I FINAL I I TOTAL CONTAINERS GROSS WEIGHT RECEIVED AT TITLE ITEM NO. I I REPORT OF REJECTIONS SUPPLIES OR SERVICES UNIT QUANTITY REJECTED El accepted, 0 received DATE REASON FOR REJECTION OPTIONAL FORM 347 (REV 6/95) BACK ORDER FOR SUPPLIES OR SERVICES SCHEDULE CONTINUATION IMPORTANT: Mark all packages and papers with contract and /or order numbers., DATE OF ORDER CONTRACT NO 08/14/2003 ITEM NO (a) SUPPLIES OR SERVICES (b) 0001 Water Treatment Plant Technical Report Provide consultation assistance to aid in review of the proposed municipal water t both electronic and hardcopy format no later than August 31, 2003 Delivery Date 08/31/2003 Reference Requisition: R9500030397 ORDER NO. P9500030397 PAGE NO. 3 of 11 QUANTITY UNIT QUANTITY ORDERED UNIT PRICE AMOUNT ACCEPTED (c) (d) (e) (f) (9) 1 00 Is 17,750.000 17,750 OC TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM 17i) $17,750 00 NSN 7540 -01- 152 -8082 OPTIONAL FORM 348 (10 -83) Prescribed by GSA -FAR (48 CFR) Contract Level Funding Summary P9500030397 2003 9500 252Z 529 0243 $17,750 00 Reference Requisition' R9500030397 Document Number Title Page R9500030397, Elwha Restoration 4 of 11 Total Funding: $17,750.00 Document No. P9500030397 Document Title R9500030397, Elwha Restoration TABLE OF CONTENTS COMMERCIAL CLAUSES 6 1 Terms and Conditions Simplified Acquisitions (Other Than Commercial Items) 6 SECTION I Contract Clauses 9 L 1 Clauses By Reference 9 I.2 Payment by Electronic Funds Transfer --Other than Central Contractor Registration 9 Page 5 of 11 COMMERCIAL CLAUSES Document No. P9500030397 Document Title R9500030397, Elwha Restoration 1 52.213 -04 TERMS AND CONDITIONS SIMPLIFIED ACQUISITIONS APRIL 2003 (OTHER THAN COMMERCIAL ITEMS) Page 6 of 11 (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference. (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222 -3, Convict Labor (AUG 1996) (E.O. 11755). (n) 52.222 -21, Prohibition of Segregated Facilities (FEB 1999) (E.O. 11246). (iii) 52.222 -26, Equal Opportunity (APR 2002) (E.O. 11246). (iv) 52.225 -13, Restrictions on Certain Foreign Purchases (JULY 2000) (E.O.'s 12722, 12724, 13059, 13067, 13121, and 13 129). (v) 52.233 -3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) Listed below are additional clauses that apply: (i) 52.232 -1, Payments (APR 1984) (ii) 52.232 -8, Discounts for Prompt Payment (FEB 2002). (iii) 52.232 -11, Extras (APR 1984). (iv) 52.232 -25, Prompt Payment (FEB 2002). (v) 52.233 -1, Disputes (JULY 2002). (vi) 52.244 -6, Subcontracts for Commercial Items (DEC 2001). (vii) 52 253 -1, Computer Generated Forms (JAN 1991). (b) The Contractor shall comply with the following FAR clause s, incorporated by reference, unless the circumstances do not apply: (1) The clauses listed below implement provisions of law or Executive order: (i) 52 222 -19, Child Labor Cooperation with Authorities and Remedies (SEPT 2002) (E O. 13126). (Applies to contracts for supplies exceeding the micro purchase threshold.) (u) 52.222 -20, Walsh- Healey Public Contracts Act (DEC 1996) (41 U.S.C. 35 -45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgi n Islands) (in) 52.222 -35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U.S.C. 4212) (Applies to contracts of $25,000 or more). (iv) 52.222 -36, Affirmative Action for Workers with Disabilities (JUNE 1998) (29 U.S.C. 793) (Applies to contracts over $10,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.) (v) 52.222 -37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U.S.C. 4212) (Applies to contracts of $25,000 or more). Document No. P9500030397 Document Title R9500030397, Elwha Restoration Page 7 of 11 (vi) 52.222 -41, Service Contract Act of 1965, As Amended (MAY 1989) (41 U.S.C. 351, et seq (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands). (vii) 52.223 -5, Pollution Prevention and Right -to -Know Information (APR 1998) (E.O 12856) (Applies to services performed on Federal facilities). (vii) 52 225 -1, Buy American Act Supplies (MAY 2002) (41 U S.0 l0a 10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use within the United States if the value of the supply contract or supply portion of a service contract exceeds the micropurchase threshold and the acquisition (A) Is set aside for small business concerns, or (B) Cannot be set aside for small business concerns (see 19.502 -2), and does not exceed $25,000). (ix) 52.232 -33, Payment by Electronic Funds Transfer Central Contractor Registration (May 1999). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information (x) 52.232 -34, Payment by Electronic Funds Transfer —Other than Central Contractor Registration (May 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.) (xi) 52.247 -64, Preference for Privately Owned U S. -Flag Commercial Vessels (APR -2003) (46 U.S.C. Appx 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).) (2) Listed below are additional clauses that may apply: (i) 52.209 -06, Protecting the Government's Interest When Subcontracting with Contractors De barred, Suspended, or Proposed for Debarment (JULY 1995) (Applies to contracts over $25,000). (n) 52 211 -17, Delivery of Excess Quantities (SEPT 1989) (Applies to fixed -price supplies). (iii) 52.247 -29, F.o.b. Origin (JUN 1988) (Applies to supplies if d elivery is f.o.b. origin). (iv) 52 247 -34, F.o.b Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination). (c) FAR 52.252 -02, Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this /these address(es): www arnet.gov /far www ios doi gov /pam/aindex html (d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its post acceptance rights (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item (e) Excusable delays. The Contractor s hall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or cont ractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably Document No. P9500030397 Document Title R9500030397, Elwha Restoration (h) Warranty The Contractor wary ants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. Page 8 of 11 possible after the commencemen t of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of terms nation, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoi ded. (g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the G overnment, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. SECTION I CONTRACT CLAUSES I.1 Document No. P9500030397 Document Title R9500030397, Elwha Restoration 52.252 -02 CLAUSES INCORPORATED BY REFERENCE This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available Also, the full text of a clause may be accessed electronically at this /these address(es). Imp://www.amet.gov/far http• /www.ios doi.gov/pam/aindex html Clause Title 52.204 -04 Printed or Copied Double -Sided on Recycled Paper. 52.222 -21 Prohibition of Segregated Facilities 52.222 -26 Equal Opportunity 52.223 -05 Pollution Prevention and Right -to -Know Information 52 223 -06 Drug Free Workplace 52.243 -01 Changes -Fixed Price 52 249 -01 Termination for Convenience of the Government (Fixed Price) I 52.252 -06 I 52.253 -01 (Short Form) I Authorized Deviations In Clauses Computer Generated Forms Date August 2000 February 1999 Apnl 2002 April 1998 May 2001 August 1987 Apnl 1984 I April 1984 I January 1991 L2 52.232 -34 PAYMENT BY ELECTRONIC FUNDS TRANSFER -OTHER MAY 1999 THAN CENTRAL CONTRACTOR REGISTRATION Page 9 of 11 (a) Method of payment (1) Al 1 payments by the Government under this contract shall be made by electronic funds transfer (EFT) except as provided in paragraph (a)(2)of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer (2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either (i) Accept payment by check or some other mutually agreeable method of payment; or (ii) Request the Government to exten d payment due dates until such time as the Government makes payment by EFT (but see paragraph (d) of this clause). (b) Mandatory submission of Contractor's EFT information. (1) The Contractor is required to provide the Government with the information re quired to make payment by EFT (see paragraph (j) of this clause). The Contractor shall provide this information directly to the office designated in this contract to receive that information (hereafter: "designated office by [the Contract ing Officer shall insert date, days after award, days before first request, the date specified for receipt of offers if the provision at 52.232 -38 is utilized, or "concurrent with first request" as prescribed by the head of the agency, if not prescribed, i nsert "no later than 15 days prior to submission of the first request for payment If not otherwise specified in this contract, the payment office is the designated office for receipt of the Contractor's EFTinformation. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated office(s). Document No. P9500030397 Document Title R9500030397, Elwha Restoration Page 10 of 11 (2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the designated office. However, EFT information supplied to a designated office shal 1 be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract. (c) Mechanisms for EFT payment The Government may make payment by EFT through either the Automated CIearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210. (d) Suspension of payment. (1) The Government is not re quired to make any payment under this contract until after receipt, by the designated office, of the correct EFT payment information from the Contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deeme d not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply (2) If the EFT information changes aft er submission of correct EFT information, the Government shall begin using the changed EFT information no later than 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no furthe r payments be made until the updated EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension. (e) Liability for uncompleted or erroneous transfers. (1)If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains r esponsible for- (i) Making a correct payment; (n) Paying any prompt payment penalty due; and (in) Recovering any erroneously directed funds (2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, o r was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and (i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or (ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provisions of paragraph (d) shall apply. (f) EFT and prompt payment A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. (g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph (i) of this clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFTinformation that shows the ultimate recipient of the transfer to be other than the Contr actor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFTinformation within the meaning of paragraph (d) of this clause. (h) Liability for change of EFT information by financial agent. The Government is not flab le for errors resulting from changes to EFT information provided by the Contractor's financial agent (i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the E F T instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Document No. P9500030397 Document Title R9500030397, Elwha Restoration Page 11 of 11 Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address in the contract. (j) EFT information. The Contractor shall provide the following information to the designated office. The Contractor may supply this data for this or multiple contracts (see paragraph (b) of this clause). The Contractor shall designate a single financial agent per contract capable of receiving and processing the EFT in formation using the EFT methods described in paragraph (c) of this clause. (1) The contract number (or other procurement identification number). (2) The Contractor's name and remittance address, as stated in the contract(s). (3) The signature (manual or electronic, as appropriate), title, and telephone number of the Contractor official authorized to provide this information. (4) The name, address, and 9 -digit Routing Transit Number of the Contractor's financial agent. (5) The Contractor's account numbe r and the type of account (checking, saving, or lockbox). (6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the Contractor's financial agent. (7) If applicable, the Contractor shall also provide the name, address, telegraphic abb reviation, and 9 -digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the Contractor's financial agent is not directly on -line to the Fedwire Transfer System; and, therefore, not the receiver of the wire transfer payment. ORDER FOR SUPPLIES OR SERVICES IMPORTANT: Mark all packages and papers with contract and/or order numbers. 1 DATE OF ORDER 09/21/2003 3. ORDER NO P9500030468 5 ISSUING OFFICE PWR OLYM Olympic National Park 600 East Park Ave Port Angeles WA 7 TO a NAME OF CONTRACTOR Mr. Glenn Cutler b. COMPANY NAME City of Port Angeles c. STREET ADDRESS 321 E. 5th Street,P.O.Box 1150 12. F.O.B. POINT Destination 13 PLACE OF a INSPECTION b ACCEPTANCE ITEM NO (a) SEE BILLING INSTRUCTIONS ON REVERSE 18 SHIPPING POINT b STREET ADDRESS 600 East Park Ave c. CITY Port Angeles 22. UNITED STATES OF AMERICA BY (Signature) NSN 7540 -01 -152 -8083 Previous edition not usable 2 CONTRACT NO (If any) 4 REQUISITION /REFERENCE NO. R9500030468 (Address correspondence to) d. CITY e STATE f ZIP CODE Port Angeles WA 98362 9 ACCOUNTING AND APPROPRIATION DATA 2003 9500 252Z 477 0071 11 BUSINESS CLASSIFICATION (Check appropnate box(es)) a SMALL b OTHER THAN SMALL SEE LINE ITEM DETAIL (or P O Box) 98362 -6798 c CITY Port Angeles !f. SHIP VIA a PURCHASE REFERENCE YOUR 10. REQUISITIONING OFFICE c DISADVANTAGED 14 GOVERNMENT B/L NO. 15. DELIVER TO F.O B. POINT ON OR BEFORE (Date) 09/30/2003 17. SCHEDULE (See reverse for Rejections) QUANTITY ORDERED (c) SUPPLIES OR SERVICES (b) 19. GROSS SH�NG WEIGHT 20. INVOICE O. 41 MAIL INVOICE TO. Brian D Winter a NAME__ PWR OLYM Olympic National Park l- 9rytf6,- 6 SHIP TO: Brian D. Winter Ia. NAME OF CONSIGNEE I PWR OLYM Olvmoic National Park lb STREET ADDRESS 600 East Park Ave Please furnish the following on the terms and conditions specified on both sides of this order and on the attached sheet, if any, including delivery as indicated PWR OLYM Olympic National Park d. STATE WA UNIT (d) e ZIP CODE 98362 -6798 8 TYPE OF ORDER UNIT PRICE (e) 'AGE OF PAGES 1 I 8 ORIG \A_ d STATE e. ZIP CODE WA 98362 -6798 b DELIVERY Except for billing instructions on the reverse, this delivery order is subject to instructions contained on this side only of this form and is issued subject to the terms and conditions of the above numbered contract d WOMEN -OWNED 16. DISCOUNT TERMS 10 days 20 days 30 days days AMOUNT (f) QUANTITY ACCEPTED (9) 17(h) TOT. (Cont pages) 17(r) $17,825.00 GRAND TOTAL 23. NAME (Typed) Sandra A Thomas TITLE CONTRACTING /ORDERING OFFICER OPTIONAL FORM 347 (REV 6/95) Prescnbed by GSA /FAR 48 CFR 53 213(e) If desired, this order (or a copy thereof) may be used by the Contractor as the Contractor's invoice, instead of a separate invoice, provided the following statement, (signed and dated) is on (or attached to) the order: "Payment is requested in the amount of No other invoice will be submitted." However, if the Contractor wishes to submit an invoice, the following information must be provided; contract number Of any), order number, Item number(s), description of supplies or service, sizes, quantities, unit paces, and extended totals Prepaid shipping costs will be indicated as a separate item on the invoice. Where shipping costs exceed $10 (except for parcel post), the billing must be supported by a bill of lading or receipt. When several orders are invoiced to an ordering activity during the same billing penod, consolidated penodic billings are encouraged. RECEIVING REPORT Quantity in the "Quantity Accepted" column on the face of this order has been: III inspected, El accepted, received by me and conforms to contract Items listed below have been rejected for the reasons indicated. SHIPMENT I PARTIAL I DATE RECEIVED SIGNATURE OF AUTHORIZED U.S. GOVT REP. DATE NUMBER I FINAL I TOTAL CONTAINERS GROSS WEIGHT RECEIVED AT TITLE ITEM NO. SUPPLEMENTAL INVOICING INFORMATION PAGE NO. 2 of 8 REPORT OF REJECTIONS SUPPLIES OR SERVICES UNIT QUANTITY REJECTED REASON FOR REJECTION OPTIONAL FORM 347 (REV 6/95) BACK ORDER FOR SUPPLIES OR SERVICES SCHEDULE CONTINUATION IMPORTANT: Mark all packages and papers with contract and /or order numbers. DATE OF ORDER CONTRACT NO. 09/21/2003 ITEM NO (a) NSN 7540 -01- 152 -8082 SUPPLIES OR SERVICES (b) Port Angeles' Landfill To Support The Waste Export System Delivery Date 09/30/2003 Reference Requisition R9500030468 ORDER NO TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM 17i) $17,825 00 P9500030468 PAGE NO. 3 of 8 QUANTITY UNIT QUANTITY ORDERED UNIT PRICE AMOUNT ACCEPTED (c) (d) (e) (f) (9) 0001 Provide Consultation Assistance To Aid In The Coordination of Co- locatmc 1.00 job 17,825.000 17,825.00 the Port Angeles OPTIONAL FORM 348 (10 -83) Prescribed by GSA -FAR (48 CFR) Contract Level Funding Summary P9500030468 2003 9500 252Z 477 0071 $17,825.00 Reference Requisition: R9500030468 Document Number Title City of PA PAWTP Total Funding: $17,825.00 Page 4 of 8 Document No. P9500030468 Document Title City of PA PAWTP TABLE OF CONTENTS SECTION B Supplies or Services and Prices 6 B.1 Terms and Conditions Simplified Acquisitions (Other Than Commercial Items) 6 Page 5 of 8 Document No. Document Title P9500030468 City of PA PAWTP SECTION B SUPPLIES OR SERVICES AND PRICES B.1 52.213 -04 TERMS AND CONDITIONS SIMPLIFIED ACQUISITIONS AUGUST 2003 (OTHER THAN COMMERCIAL ITEMS) Page 6 of 8 (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference: (1) The clauses listed below ample ment provisions of law or Executive order: (i) 52 222 -3, Convict Labor (JUNE 2003) (E.O. 11755). (ii) 52.222 -21, Prohibition of Segregated Facilities (FEB 1999) (E.O. 11246). (iii) 52.222 -26, Equal Opportunity (APR 2002) (E.O. 11246). (iv) 52.225 -13, Restrictions on Certain Foreign Purchases (JUNE 2003) (E.O.'s 12722, 12724, 13059, 13067, 13121, 13129). (v) 52.233 -3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) Listed below are additional clauses that apply: (i) 52.232 -1, Payments (APR 1984). (ii) 52.232 -8, Discounts for Prompt Payment (FEB 2002). (iii) 52.232 -11, Extras (APR 1984). (iv) 52.232 -25, Prompt Payment (FEB 2002). (v) 52.233 -1, Disputes (JULY 2002). (vi) 52.244 -6, Subcontracts for Commercial Items (APR 2003). (vii) 52.253 -1, Computer Generated Forms (JAN 1991). (b) The Contractor shall comply with the followmg FAR clauses, incorporated by reference, unless the circumstances do not apply: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222 -19, Child Labor Cooperation with Authorities and Remedies (SEPT 2002) (E.O. 13126). (Applies to contracts for supplies exceeding the micro- purchase threshold.) (ii) 52.222 -20, Walsh- Healey Public Contracts Act (DEC 1996) (41 U.S.C. 3 5 -45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S Virgin Islands). (iii) 52.222 -35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U.S.C. 4212) (Applies to contracts of $25,000 or more). (iv) 52.222 -36, Affirmative Action for Workers with Disabilities (JUNE 1998) (29 U.S.C. 793) (Applies to contracts over $10,000, unless the work is to be performed outside the United St ates by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Manana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island (v) 52.222 -37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U.S.0 4212) (Applies to contracts of $25,000 or more). Document No. P9500030468 Document Title City of PA PAWTP Page 7 of 8 (vi) 52.222 -41, Service Contract Act of 1965, As Amended (MAY 1989) (41 U S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands). (vii) 52.223 -5, Pollution Prevention and Right -to -Know Information (AUG 2003) (E.O. 13148) (Applies to services performed on Federal facilities). (viii) 52.225 -1, Buy American Act Supplies (JUNE 2003) (41 U.S.C. l0a 10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract o r supply portion of a service contract exceeds the micropurchase threshold and the acquisition (A) Is set aside for small business concerns; or (B) Cannot be set aside for small business concerns (see 19.502 -2), and does not exceed $25,000). (ix) 52.232 -33, Payment by Electronic Funds Transfer Central Contractor Registration (May 1999). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.) (x) 52.232 -34, Payment by Electronic Funds Transfer —Other than Central Contractor Registration (May 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT informati on.) (xi) 52 247 -64, Preference for Privately Owned U.S. -Flag Commercial Vessels (APR -2003) (46 U.S.C. Appx 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).) (2) Listed below are additional clauses that may apply: (i) 52.209 -06, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JULY 1995) (Applies to contracts over $25,000). (ii) 52.211 -17, Delivery of Excess Quantities (SEPT 1989) (Applies to fixed -price supplies). (iii) 52.247 -29, F.o.b. Origin (JUN 1988) (Applies to supplies if delivery is f.o.b. origin). (iv) 52.247 -34, F.o b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination). (c) FAR 52.252 -02, Clauses Incorporated by Reference (FEB 1998). This contract mcorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text ava ilable. Also, the full text of a clause may be accessed electronically at this /these address(es): [Insert one or more Internet addresses] (d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have bee n tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its post acceptance rights (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (e) Excusable delays The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contract ual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe Document No. P9500030468 Document Title City of PA PAWTP Page 8 of 8 weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, settmg forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give wntten notice to the Contracting Officer of the cessation of such occurrence. (f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of terminati on, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keepmg system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting sta ndards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (g) Termination for cause The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Gover nment, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. ORDER FOR SUPPLIES OR SERVICES IMPORTANT: Mark all packages and papers with contract and /or order numbers. 1 DATE OF ORDER 10/06/2003 3 ORDER NO P9500040056 5 ISSUING OFFICE PWR OLYM Olympic National Park 600 East Park Ave Port Angeles a NAME OF CONTRACTOR Mr. Glenn Cutler b. COMPANY NAME City of Port Angeles c. STREET ADDRESS 321 E. 5th Street,P.O.Box 1150 d CITY e STATE f. ZIP CODE Port Angeles WA 98362 9. ACCOUNTING AND APPROPRIATION DATA 2004 9500 2522 477 0071 11. BUSINESS CLASSIFICATION (Check appropriate box(es)) a SMALL 12 F.O.B. POINT Destination ITEM NO (a) 4 REQUISITION /REFERENCE NO. R9500040056 (Address correspondence to) WA 7 TO NSN 7540 -01- 152 -8083 Previous edition not usable 18 SHIPPING POINT b STREET ADDRESS 600 East Park Ave c CITY Port Angeles 22. UNITED STATES OF AMERICA BY (Signatur 2 CONTRACT NO (If any) I4 13 PLACE OF a INSPECTION b ACCEPTANCE 98362 -6798 b OTHER THAN SMALL 17 SCHEDULE (See reverse for Rejections) QUANTITY ORDERED (c) SUPPLIES OR SERVICES (b) SEE LINE ITEM DETAIL SEE BILLING INSTRUCTIONS a NAME ON PWR OLYM Olympic National Park REVERSE (or P 0 Box) Gl� l7�111 6�i�1•�✓ 6 SHIP TO• a NAME OF CONSIGNEE I PWR OLYM Olvmoic National Park b STREET ADDRESS 600 East Park Ave c. CITY Port Angeles f SHIP VIA REFERENCE YOUR 21 MAIL INVOICE TO. Misty L. Gates a PURCHASE Brian D 8. TYPE OF ORDER Please furnish the following on the terms and conditions specified on both sides of this order and on the attached sheet, if any, including delivery as indicated 10. REQUISITIONING OFFICE PWR OLYM Olympic National Park c DISADVANTAGED 14. GOVERNMENT B/L NO. 15 DELIVER TO F 0 B. POINT ON OR BEFORE (Date) 19 GROSS SHIPPING WEIGHT 20 INVOICE is 0. d. STATE WA 10/30/2003 UNIT (d) UNIT PRICE (e) Winter 'PAGE 1 AMOUNT (f) OF PAGES 9 OR G NA_ d STATE e ZIP CODE WA 98362 -6798 b DELIVERY Except for billing instructions on the reverse, this delivery order is subject to instructions contained on this side only of this form and is issued subject to the terms and conditions of the above numbered contract. d WOMEN -OWNED 16. DISCOUNT TERMS 10 days 20 days 30 days days QUANTITY ACCEPTED (9) 17(h) TOT. (Cont. pages) 17(i) $1,800.00 GRAND TOTAL e. ZIP CODE 98362 -6798 23. NAME (Typed) Sandra A Thomas TITLE CONTRACTING /ORDERING OFFICER OPTIONAL FORM 347 (REV 6/95) Prescnbed by GSA/FAR 48 CFR 53 213(e) SUPPLEMENTAL INVOICING INFORMATION PAGE NO. 2 of 9 If desired, this order (or a copy thereof) may be used by the Contractor as the Contractor's invoice, instead of a separate invoice, provided the following statement, (signed and dated) is on (or attached to) the order "Payment is requested in the amount of No other invoice will be submitted However, if the Contractor wishes to submit an invoice, the following information must be provided, contract number Of any), order number, item number(s), description of supplies or service, sizes, quantities, unit pnces, and extended totals Prepaid shipping costs will be indicated as a separate item on the invoice Where shipping costs exceed $10 (except for parcel post), the billing must be supported by a bill of lading or receipt When several orders are invoiced to an ordenng activity during the same billing period, consolidated periodic billings are encouraged. RECEIVING REPORT Quantity in the "Quantity Accepted" column on the face of this order has been I inspected, 0 accepted, III received by me and conforms to contract Items listed below have been rejected for the reasons indicated. SHIPMENT PARTIAL I I DATE RECEIVED SIGNATURE OF AUTHORIZED U S. GOV'T REP NUMBER FINAL TOTAL CONTAINERS GROSS WEIGHT RECEIVED AT TITLE ITEM NO. REPORT OF REJECTIONS SUPPLIES OR SERVICES UNIT QUANTITY REJECTED DATE REASON FOR REJECTION OPTIONAL FORM 347 (REV 6/95) BACK ORDER FOR SUPPLIES OR SERVICES SCHEDULE CONTINUATION IMPORTANT: Mark all packages and papers with contract and /or order numbers. DATE OF ORDER CONTRACT NO 10/06/2003 ITEM NO (a) 0001 Provide Consultation Assistance To Aid In Siting of the Port Angeles Wate Treatment Plant (PAWTP) Delivery Date Start Date End Date 10/30/2003 10/06/2003 10/30/2003 Reference Requisition: R9500040056 NSN 7540 -01- 152 -8082 SUPPLIES OR SERVICES (b) ORDER NO P9500040056 PAGE NO 3 of 9 QUANTITY UNIT QUANTITY ORDERED UNIT PRICE AMOUNT ACCEPTED (c) (d) (e) (f) (9) 1 00 Is 1,800.000 1,800.00 TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM 17i) $1,800 00 OPTIONAL FORM 348 (10 -83) Prescribed by GSA -FAR (48 CFR) Contract Level Funding Summary P9500040056 2004 9500 252Z 477 0071 $1,800 00 Reference Requisition R9500040056 Document Number Title Page R9500040056, City of PA 4 of 9 Total Funding: $1,800.00 Document No. P9500040056 Document Title R9500040056, City of PA TABLE OF CONTENTS COMMERCIAL CLAUSES 1 Terms and Conditions Simplified Acquisitions (Other Than Commercial Items) SECTION I Contract Clauses I.1 Changes -Fixed Price (Aug 1987) Alternate I 6 6 9 9 Page 5 of 9 COMMERCIAL CLAUSES Document No. P9500040056 Document Title R9500040056, City of PA 1 52.213 -04 TERMS AND CONDITIONS SIMPLIFIED ACQUISITIONS AUGUST 2003 (OTHER THAN COMMERCIAL ITEMS) Page 6 of 9 (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses th at are incorporated by reference. (1) The clauses listed below implement provisions of law or Executive order: (i) 52 222 -3, Convict Labor (JUNE 2003) (E.O. 11755). (u) 52.222 -21, Prohibition of Segregated Facilities (FEB 1999) (E.O. 11246). (Ili) 52.222 -26, Equal Opportunity (APR 2002) (E O. 11246). (iv) 52.225 -13, Restrictions on Certain Foreign Purchases (JUNE 2003) (E.O.'s 12722, 12724, 13059, 13067, 13121, 13129). (v) 52.233 -3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) Listed below are additional clauses that apply: (i) 52.232 -1, Payments (APR 1984). (ii) 52.232 -8, Discounts for Prompt Payment (FEB 2002). (iii) 52 232 -11, Extras (APR 1984). (iv) 52.232 -25, Prompt Payment (FEB 2002). (v) 52.233 -1, Disputes (JULY 2002). (vi) 52.244 -6, Subcontracts for Commercial Items (APR 2003). (vii) 52.253 -1, Computer Generated Forms (JAN 1991). (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222 -19, Child Labor Cooperation with Authorities and Remedies (SEPT 2002) (E.O. 13126). (Applies to contracts for supplies exceeding the micro- purchase threshold.) (n) 52.222 -20, Walsh Healey Public Contracts Act (DEC 1996) (41 U.S.C. 35 -45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). (in) 52.222 -35, Equal Opportunity for Special Disabled Vete rans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U.S.C. 4212) (Applies to contracts of $25,000 or more). (iv) 52.222 -36, Affirmative Action for Workers with Disabilities (JUNE 1998) (29 U.S C. 793) (Applies to contracts o ver $10,000, unless the work is to be performed outside the United States by employees recruited outside the United States) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Is lands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.) (v) 52.222 -37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U S C. 4212) (Applies to contracts of $25,0 00 or more) r Document No. P9500040056 (A) Is set aside for small business concerns; or Document Title R9500040056, City of PA Page 7 of 9 (vi) 52 222 -41, Service Contract Act of 1965, As Amended (MAY 1989) (41 U.S.C. 351, et seq (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columb ia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands). (vn) 52 223 -5, Pollution Prevention and Right -to -Know Information (AUG 2003) (E.O. 13148) Applies to services performed on Federal facilities) (viii) 52.225 -1, Buy American Act Supplies (JUNE 2003) (41 U.S.C. l0a 10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the Unite d States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micropurchase threshold and the acquisition (B) Cannot be set aside for small business concerns (see 19.502 -2), and does not exceed $25,000). (ix) 52.232 -33, Payment by Electronic Funds Transfer —Central Contractor Registration (May 1999). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office use s the Central Contractor Registration (CCR) database as its source of EFT information.) (x) 52.232 -34, Payment by Electronic Funds Transfer —Other than Central Contractor Registration (May 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information (xi) 52.247 -64, Preference for Privately Owned U S. -Flag Commercial Vessels (APR -2003) (46 U.S.C. Appx 1241) (Applies to supplies transported by ocean vessels (except for the type s of subcontracts listed at 47.504(d) (2) Listed below are additional clauses that may apply: (i) 52.209 -06, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JULY 1995) (Applies to contracts over $25,000). (u) 52.211 -17, Delivery of Excess Quantities (SEPT 1989) (Applies to fixed -price supplies). (in) 52 247 -29, F o b. Origin (JUN 1988) (Applies to supplies if delivery is f.o.b. ongin). (iv) 52.247 -34, F.o b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination). (c) FAR 52.252 02, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given m full text Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this /these address(es): www.arnet.gov /far www ios doi.gov /pam/aindex.html (d) Inspection/Acceptance. The Contr actor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its post acceptance rights (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an oc currence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably Document No. P9500040056 Document Title R9500040056, City of PA (h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantabl e and fit for use for the particular purpose descnbed in this contract. Page 8 of 9 possible after the commencement of any excusable delay, setting forth the full particulars in con nection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to ce ase work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This parag raph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future perform ance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. Document No. P9500040056 SECTION I CONTRACT CLAUSES Document Title R9500040056, City of PA I.1 52.243 -01 CHANGES -FIXED PRICE (AUG 1987) ALTERNATE I APRIL 1984 ALT I (1) Description of services to be performed. (2) Time of performance (i.e., hours of the day, days of the week, etc.) (3) Place of performance of the services. (e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothmg in this clause shall excuse the Contractor from proceeding with the contract as changed. Page 9 of 9 (a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following: (b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. (c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written ord er. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract. (d) If the Contractor's proposal includes the cost of property made obso lete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property. Port Angeles k ORDER FOR SUPPLIES OR SERVICES IMPORTANT: Mark all packages and papers with contract and /or order numbers. 1 Dr-.TE OF ORDER 11/20/2003 3 ORDER NO P9500040105 5 ISSUING OFFICE PWR OLYM Olympic National Park 600 East Park Ave WA 7 TO a NAME OF CONTRACTOR Mr. Glenn Cutler b COMPANY NAME City of Port Angeles c STREET ADDRESS 321 E. 5th Street,P.O Box 1150 d CITY e STATE f ZIP CODE Port Angeles WA 98362 9 ACCOUNTING AND APPROPRIATION DATA 2004 9500 252R 477 0071 11 BUSINESS CLASSIFICATION a SMALL 12 FOB POINT Destination 13 PLACE OF a INSPECTION b ACCEPTANCE 4 REQUISITION /REFERENCE NO R9500040105 (Address correspondence to) 18 SHIPPING POINT SEE BILLING INSTRUCTIONS a NAME ON PWR OLYM Olympic National Park REVERSE b STREET ADDRESS 600 East Park Ave 2 CONTRACT NO (If any) (or P O Box) 98362 -6798 (Check appropnate box(es)) b OTHER THAN SMALL ITEM NO SUPPLIES OR SERVICES (a) (b) SEE LINE ITEM DETAIL 21 MAIL INVOICE TO Brian D Winter c CITY Port Angeles 22. UNITED STATES OF AMERICA BY (Signature) NSN 7540 -01- 152 -8083 Previous edition not usable 6 SHIP TO la NAME OF CONSIGNEE PWR OLYM Olympic National Park b STREET ADDRESS 600 East Park Ave c CITY Port Angeles If SHIP VIA I I a PURCHASE REFERENCE YOUR Please furnish the following on the terms and conditions specified on both sides of this order and on the attached sheet, if any, including delivery as indicated 10 REQUISITIONING OFFICE PWR OLYM Olympic National Park c DISADVANTAGED 14 GOVERNMENT B/L NO 15 DELIVER TO F 0 B POINT ON OR BEFORE (Date) 19 GROSS SHIPPING WEIGHT 20 INVOICE th O 17 SCHEDULE (See reverse for Rejections) QUANTITY ORDERED (c) d STATE WA 12/07/2003 UNIT (d) e ZIP CODE 98362 -6798 Brian D Winter ORIGINAL 8 TYPE OF ORDER UNIT PRICE (e) n 'PAGE OF PAGES 1 I8 d STATE e. ZIP CODE WA 98362 -6798 b DELIVERY Except for billing instructions on the reverse, this delivery order is subject to instructions contained on this side only of this form and is issued subject to the terms and conditions of the above numbered contract d WOMEN -OWNED 16 DISCOUNT TERMS 10 days 20 days 30 days days AMOUNT (f) QUANTITY ACCEPTED (9) 17(h) TOT. (Cont pages) 17(i) $8,900 00 GRAND TOTAL 23. NAME (Typed) Sandra A Thomas TITLE CONTRACTING /ORDERING OFFICER OPTIONAL FORM 347 (REV 6/95) Prescribed by GSA /FAR 48 CFR 53 213(e) SUPPLEMENTAL INVOICING INFORMATION PAGE NO. 2 of 8 If desired, this order (or a copy thereof) may be used by the Contractor as the Contractor's invoice, instead of a separate invoice, proeided the following statement, (signed and dated) is on (or attached to) the order "Payment is requested in the amount of No other invoice will be submitted However, if the Contractor wishes to submit an invoice, the following information must be provided, contract number (if any), order number, item number(s), description of supplies or service, sizes, quantities, unit prices, and extended totals Prepaid shipping costs will be indicated as a separate item on the invoice Where shipping costs exceed $10 (except for parcel post), the billing must be supported by a bill of lading or receipt When several orders are invoiced to an ordering activity during the same billing period, consolidated periodic billings are encouraged Quantity in the "Quantity Accepted" column on the face of this order has been E inspected, n accepted, Ili received by me and conforms to contract Items listed below have been rejected for the reasons indicated SHIPMENT I PARTIAL I I DATE RECEIVED SIGNATURE OF AUTHORIZED U S GOV'T REP NUMBER I FINAL TOTAL CONTAINERS GROSS WEIGHT RECEIVED AT TITLE ITEM NO RECEIVING REPORT REPORT OF REJECTIONS SUPPLIES OR SERVICES UNIT QUANTITY REJECTED DATE REASON FOR REJECTION OPTIONAL FORM 347 (REV 6/95) BACK ORDER FOR SUPPLIES OR SERVICES SCHEDULE CONTINUATION IMPORTANT: Mark all packages and papers with contract and /or order numbers. DATE OF O RDER CONTRACT NO 11/20/2003 ITEM NO (a) SUPPLIES OR SERVICES (b) 0001 Provide Professional Services required to revise post closure landfill site plan to accommodate transfer station layout Delivery Date 12/07/2003 Reference Requisition R9500040105 1 00 job ORDER NO TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM 17i) $8,900 00 P9500040105 PAGE NO 3 of 8 QUANTITY UNIT QUANTITY ORDERED UNIT PRICE AMOUNT ACCEPTED (c) (d) (e) (9) 8,900 000 8,900 00 NSN 7540 -01 -152 -8082 OPTIONAL FORM 348 (10 -83) Prescribed by GSA -FAR (48 CFR) Contract Level Document Number Funding Summary P9500040105 2004 9500 252R 477 0071 $8,900 00 Reference Requisition R9500040105 Title City of PA Landfill Site Plan Total Funding: $8,900.00 Page 4 of 8 Document No. P9500040105 Document Title City of PA Landfill Site Plan TABLE OF CONTENTS COMMERCIAL CLAUSES 6 1 Terms and Conditions Simplified Acquisitions (Other Than Commercial Items) 6 Page 5 of 8 COMMERCIAL CLAUSES Document No. P9500040105 Document Title City of PA Landfill Site Plan 1 52.213 -04 TERMS AND CONDITIONS SIMPLIFIED ACQUISITIONS AUGUST 2003 (OTHER THAN COMMERCIAL ITEMS) Page 6 of 8 (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference (1) The clauses listed below implement provisions of law or Executive order (i) 52.222 -3, Convict Labor (JUNE 2003) (E.O. 11755) (ii) 52 222 -21, Prohibition of Segregated Facilities (FEB 1999) (E 0 11246) (iii) 52 222 -26, Equal Opportunity (APR 2002) (E.O. 11246) (iv) 52 225 -13, Restrictions on Certain Foreign Purchases (JUNE 2003) (E.O.'s 12722, 12724, 13059, 13067, 13121, 13129). (v) 52 233 -3, Protest After Award (AUG 1996) (31 U S C 3553) (2) Listed below are additional clauses that apply. (i) 52.232 -1, Payments (APR 1984) (n) 52.232 -8, Discounts for Prompt Payment (FEB 2002) (iii) 52 232 -11, Extias (APR 1984) (iv) 52 232 -25, Prompt Payment (FEB 2002). (v) 52 233 -1, Disputes (JULY 2002) (vi) 52.244 -6, Subcontracts for Commercial Items (APR 2003). (vii) 52.253 -1, Computer Generated Forms (JAN 1991) (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222 -19, Child Labor Cooperation with Authorities and Remedies (SEPT 2002) (E.O. 13126) (Applies to contracts for supplies exceeding the micro- purchase threshold (ii) 52.222 -20, Walsh Healey Public Contracts Act (DEC 1996) (41 U.S C. 35 -45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U S. Virgin Islands). (iii) 52 222 -35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U.S C 4212) (Applies to contracts of $25,000 or more). (iv) 52 222 -36, Affirmative Action for Workers with Disabilities (JUNE 1998) (29 U S C. 793) (Applies to contracts over $10,000, unless the work is to be performed outside the United States by employees recruited outside the United States (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U S Viigin Islands, and Wake Island (v) 52 222 -37, Employment Reports on Special Di sabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U.S C. 4212) (Applies to contracts of $25,000 or more). Document No. P9500040105 Document Title City of PA Landfill Site Plan Page 7 of 8 (vi) 52.222 -41, Service Contract Act of 1965, As Amended (MAY 1989) (41 U S.C. 351, et seq (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands) (vii) 52 223 -5, Pollution Prevention and Right -to-Know Information (AUG 2003) (E.O 13148) (Applies to services performed on Federal facilities) (vii) 52 225 -1, Buy American Act Supplies (JUNE 2003) (41 U S C l0a 10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micr opurchase threshold and the acquisition (A) Is set aside for small business concerns, or (B) Cannot be set aside for small business concerns (see 19.502 -2), and does not exceed $25,000) (ix) 52.232 -33, Payment by Electronic Funds Transfer Central Contractor Registration (May 1999) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information (x) 52.232 -34, Payment by Electronic Funds Transfer —Other than Central Contractor Registration (May 1999) (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.) (xi) 52 247 -64, Preference for Privately Owned U S -Flag Commercial Vessels (APR -2003) (46 U S.C. Appx 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d) (2) Listed below are additional clauses that may apply. (I) 52 209 -06, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JULY 1995) (Applies to contracts over $25,000). (n) 52 211 -17, Delivery of Excess Quantities (SEPT 1989) (Applies to fixed -price supplies) (iu) 52 247 -29, F o b Origin (JUN 1988) (Applies to supplies if delivery is fob origin) (iv) 52 247 -34, F o b Destination (NOV 1991) (Applies to supplies if delivery is f.o b destination). (c) FAR 52 252 -02, Clauses Incorporated by Reference (FEB 1 998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): [Insert one or more Internet addresses] (d) Inspection/Acceptance The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconfornng services at no Increase in contract price The Government must exercise its post acceptance rights (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item (e) Excusable delays The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine rest rrctnons, strikes, unusually severe Document No. P9500040105 Document Title City of PA Landfill Site Plan weather, and delays of common carriers The Contractor shall notify the Contiacting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particular s in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence (f) Termination for the Government's convenience The Government r eserves the right to terminate this contract, or any part hereof, fot its sole convenience In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontracto rs to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can dem onstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. Th is paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (g) Termination for cause The Government may termma to this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provide d by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience (h) Warranty. The Contractor warrants and implies that the items delivered hereunder are mer chartable and fit for use for the particular purpose described in this contract Page 8 of 8