PART 24

CONSTRUCTION AND DEMOLITION CONTRACTS

# Table of Contents

24.1 APPLICABILITY. [1](#applicability.)

24.2 DEFINITIONS. [2](#definitions.)

24.3 DISMANTLING, DEMOLITION OR REMOVAL OF IMPROVEMENTS.
[3](#dismantling-demolition-or-removal-of-improvements.)

24.3.1 Clause Usage Prescriptions. [3](#clause-usage-prescriptions.)

24.4 GENERAL CONSTRUCTION PURCHASE GUIDANCE.
[4](#general-construction-purchase-guidance.)

24.4.1 State Regulation of Federal Construction Projects.
[4](#state-regulation-of-federal-construction-projects.)

24.4.2 Local Employment in Construction Projects.
[4](#local-employment-in-construction-projects.)

24.4.3 Disclosure Construction Project Size.
[4](#disclosure-construction-project-size.)

24.4.4 Safety Requirements. [4](#safety-requirements.)

24.5 SPECIFIC CONSTRUCTION PURCHASE GUIDANCE.
[5](#specific-construction-purchase-guidance.)

24.5.1 Liquidated Damages. [5](#liquidated-damages.)

24.5.1.1 Clause Usage Prescriptions. [5](#clause-usage-prescriptions.-1)

24.5.2 Inspection of Site and Examination of Data.
[6](#inspection-of-site-and-examination-of-data.)

24.5.2.1 Clause Usage Prescriptions. [6](#clause-usage-prescriptions.-2)

24.5.3 Clause Usage Prescriptions. [6](#__RefHeading___Toc178564387)

24.5.3.1 Physical Data. [6](#physical-data.)

24.5.3.2 Preconstruction Conference. [6](#__RefHeading___Toc178564389)

24.5.3.3 Schedule for Construction Contracts.
[6](#__RefHeading___Toc178564390)

24.5.3.4 Differing Site Conditions. [7](#__RefHeading___Toc178564391)

24.5.3.5 Layout of Work. [7](#__RefHeading___Toc178564392)

24.5.3.6 Specifications, Drawings and Material Submittals.
[7](#__RefHeading___Toc178564393)

24.5.3.7 Price Data Sheet. [7](#__RefHeading___Toc178564394)

24.5.3.8 Working Hours. [7](#__RefHeading___Toc178564395)

24.5.3.9 Radio Information. [7](#__RefHeading___Toc178564396)

24.5.3.10 Material and Workmanship. [7](#__RefHeading___Toc178564397)

24.5.3.11 Superintendence by the Contractor.
[7](#__RefHeading___Toc178564398)

24.5.3.12 Permits and Responsibilities.
[8](#__RefHeading___Toc178564399)

24.5.3.13 Other Contracts. [8](#__RefHeading___Toc178564400)

24.5.3.14 Operations and Storage Areas.
[8](#__RefHeading___Toc178564401)

24.5.3.15 Use and Possession Prior to Completion.
[8](#__RefHeading___Toc178564402)

24.5.3.16 Cleaning Up. [8](#__RefHeading___Toc178564403)

24.5.3.17 Availability and Use of Utility Services.
[8](#__RefHeading___Toc178564404)

24.5.3.18 Road Maintenance. [8](#__RefHeading___Toc178564405)

24.5.3.19 Use of Land for Storage and Offices.
[9](#use-of-land-for-storage-and-offices.)

24.5.3.20 Use of Explosives. [9](#__RefHeading___Toc178564407)

24.5.3.21 Contractor\'s Daily Report. [9](#__RefHeading___Toc178564408)

24.5.3.22 Field Contract Modifications.
[9](#__RefHeading___Toc178564409)

24.5.3.23 Oral Modifications. [9](#__RefHeading___Toc178564410)

24.5.3.24 Equipment Cost Allowances. [9](#__RefHeading___Toc178564411)

24.5.4 Payment for Mobilization and Bonding Costs.
[9](#__RefHeading___Toc178564412)

24.50 TEXT OF CLAUSES. [10](#text-of-clauses.)

### 24.1 APPLICABILITY.

\(a\) ***INFORMATION:*** This Part prescribes additional purchase
policies and procedures for construction and dismantling, demolition, or
removal of improvements. Guidance for the administration of construction
contracts is provided in Appendix 14-A.

\(b\) ***POLICY:*** This Part applies to all contracts for construction
and to the construction portion of contracts for supplies or services.
In the event that the portions of multipurpose contracts are so
commingled that priced deliverables for construction, service, or supply
cannot be segregated, the BPI Part applicable to the predominant purpose
shall be followed. However, whenever portions of multipurpose contracts
are segregable and deliverables can be separately priced, the CO shall
clearly identify those construction, service, or supply items in the
pricing schedule and identify which contract clauses apply to the
construction, service, or supply items of work. Segregation need not be
attempted under contracts of less than \$100,000.

### 24.2 DEFINITIONS.

***INFORMATION:***

\(a\) \"As-built drawings\" means drawings submitted by a contractor or
subcontractor at any tier to show the construction of a particular
structure or work as actually completed under the contract.

\(b\) "Commercial construction" means services for the purpose of
construction, as separately defined in BPI 24.2, which are commonly sold
to the general public, described with performance requirements in the
manner and to the level of detail that is consistent with standard
industry practices and sound business judgment, and priced in the manner
commonly used by the firm and industry in the normal course of business
dealings with similar customers and transactions.

\(c\) \"Construction\" means construction, alteration, or repair
(including dredging, excavating, and painting) of buildings, structures,
or other real property. For purposes of this definition, the terms
\"buildings, structures, or other real property\" include but are not
limited to improvements of all types, such as electrical substations,
maintenance facilities, fish hatcheries, office facilities, bridges,
dams, roads, sewers, water mains, power lines, pumping stations,
railways, airport facilities, and terminals. Construction does not
include exploratory drilling or other investigative work which is
intended to obtain preliminary data for engineering studies and which is
not a part of commencing or continuing the construction process; nor
does it include the manufacture, production, furnishing, construction,
alteration, repair, processing, or assembling of personal property, or
demolition without construction.

\(d\) "Construction Contract" means a contract which places
responsibility on the construction contractor to perform as per the
design developed by BPA design staff and/or by an independent
architectural/engineering firm under a separate contract.

\(e\) "Construction-Management-Contract" means a service-type contract
which places construction project oversight responsibility on the
construction management contractor for all or a portion of each separate
construction or other contract(s) awarded by BPA. A key responsibility
of the construction management contractor is to work with the
architect/engineer during design to ensure that "constructability"
issues are adequately considered.

\(f\) "Design-Build-Construction Contract" means a contract which places
the responsibility for the complete design and construction of the
project on the design-build contractor to meet the general
specifications and specific performance requirements of the contract.
This type of contract is sometimes referred to as the "turnkey" method
or the "Engineer/Procure/Construct" EPC method.

\(g\) "Design-Supply-Construction Contract" means a contract which
places the responsibility for total system performance on the equipment
manufacturer as per the general specifications and specific performance
requirements of the contract.

\(h\) \"Plans and specifications\" means drawings, specifications, and
other data for and preliminary to the construction of a particular
building, structure, or other real property.

\(i\) \"Shop drawings\" means drawings by the construction contractor or
a subcontractor at any tier submitted or required under a construction
contract, showing in detail (1) the proposed fabrication

and assembly of structural elements, (2) the installation (i.e., form,
fit, and attachment details) of materials or equipment, or (3) both.

### 24.3 DISMANTLING, DEMOLITION OR REMOVAL OF IMPROVEMENTS.

\(a\) ***INFORMATION:*** Contracts for dismantling, demolition, or
removal of improvements are subject to either the Service Contract Act
(41 U.S.C. 351-357) or the Davis-Bacon Act (40 U.S.C. 276a - 276a-7). If
the contract is solely for dismantling, demolition, or removal of
improvements, the Service Contract Act applies, unless further work
involving construction, alteration, or repair of a public building or
public work at that location is contemplated. If such further
construction work is intended, regardless of whether or not it falls
under the same contract or is to be performed by BPA forces, then the
Davis-Bacon Act applies to the contract for dismantling, demolition, or
removal.

\(b\) ***POLICY:*** The CO shall consider the usefulness to BPA of all
salvageable property. Any of the property whose usefulness to BPA
exceeds its value as salvage to the Contractor should be expressly
designated in the contract for retention by BPA. The contract may
provide that the (1) BPA pay the Contractor for the dismantling or
demolition of structures, (2) the Contractor pay BPA for the right to
salvage and remove the materials resulting from the dismantling or
demolition operation, or (3) a combination of both. Care should be taken
to ensure compliance with environmental laws and regulations.

\(c\) ***PROCEDURE:*** The CO shall determine the fair market value of
any property not to be retained by BPA, since the Contractor will
receive title to this property. Its value will therefore be important in
determining what payment, if any, shall be made to the Contractor, and
whether additional compensation will be made if the contract is
terminated. Asset Center Representatives must approve the disposition of
BPA property to be transferred to Contractors under dismantling,
demolition or removal of improvements contracts. See Part 19 and
Appendix 19-A for further information.

#### 24.3.1 Clause Usage Prescriptions.

***PROCEDURE:*** The CO shall insert a clause similar to clause 24-1,
Dismantling and Demolition of Property, in solicitations and contracts
involving the dismantling, demolition, or removal of improvements when
the Contractor is given title to BPA property under the contract.

### 24.4 GENERAL CONSTRUCTION PURCHASE GUIDANCE.

#### 24.4.1 State Regulation of Federal Construction Projects.

\(a\) ***INFORMATION:*** BPA contractors have occasionally encountered
requests from state and local governments for the contractors to obtain
building permits, zoning approval, sanitation approval, etc. Based on
the \"supremacy\" clause of Article 6 of the United States Constitution,
construction contractors are not required to obtain permits or approvals
for work done under government contracts on BPA property. The States
have enforcement authority for safety (OSHA) and environmental
protection (CERCLA and RCRA).

\(b\) ***PROCEDURE:*** Contractors which encounter attempts by State or
local government entities to assess various types of fees should be
advised of BPA\'s position as noted above. The Contractor should be
advised to inform the CO immediately if the assessing entity attempts in
any way to prevent or hinder the Contractor at the job site. Legal
advice should be sought from the Office of General Counsel.

#### 24.4.2 Local Employment in Construction Projects.

***POLICY:*** Occasionally, efforts are made by state or local
governments to have BPA limit employment on construction projects to
local residents or firms. Such a restriction has been held to be
improper, and shall not be used in BPA contracts. (Reference Washington
State Supreme Court case Laborers Local Union No. 374 v. Felton
Construction Co., Nov. 24, 1982, and 42 Comp. Gen. 1, B-198952, 81-1 CPD
467). BPA recognizes that Tribal Employment Rights Ordinances (TERO)
that effect projects on or near certain Indian reservations may have
effect on contractor labor. BPA shall inform offerors of the existence
of a TERO in the solicitation.

#### 24.4.3 Disclosure Construction Project Size.

***POLICY:*** When the estimated price of the proposed construction
project is \$100,000 or more, solicitations should state the size of the
requirements in terms of physical characteristics and estimated price
range. In no event shall the statement of size disclose BPA\'s estimate.
Therefore, the estimated price should be described in terms of one of
the following price ranges:

\(a\) Less the \$100,000.

\(b\) Between \$100,000 and \$250,000.

\(c\) Between \$250,000 and \$500,000.

\(d\) Between \$500,000 and \$1,000,000.

\(e\) Between \$1,000,000 and \$5,000,000.

\(f\) Between \$5,000,000 and \$10,000,000.

\(g\) More than \$10,000,000.

#### 24.4.4 Safety Requirements.

***POLICY:*** While a contractor, including subcontractors, is to be
held responsible for its actions with respect to safety, BPA has adopted
a safety policy which requires additional measures for working safely on
and around transmission lines, substations, rights-of-way and other
projects

that may place workers in close proximity to energized transmission
facilities. BPA safety policy and procedures are found in BPA's Accident
Prevention Manual and in BPI 15.2. (Also, see BPI 11.5, 11.8, 14.16(a),
15.2.1(a), 23.1.5 for additional purchasing requirements regarding
safety.)

### 24.5 SPECIFIC CONSTRUCTION PURCHASE GUIDANCE.

#### 24.5.1 Liquidated Damages.

\(a\) ***POLICY:*** Liquidated damages clauses should be used only when
(1) the time of completion or performance is such an important factor in
the award of the contract that BPA may reasonably expect to suffer
damage if the completion or performance is delinquent, and (2) the
extent or amount of such damage would be difficult or impossible to
ascertain or prove. In deciding whether to include a liquidated damages
provision in a contract, the CO should consider the probable effect on
such matters as pricing, competition, and the costs and difficulties of
contract administration.

\(b\) ***INFORMATION:*** When administering contracts which include
liquidated damages the CO shall take all reasonable steps to adequately
warn Contractors of the pending assessment when concern of late
completion develops. If a basis for termination for default exists, the
CO should advise the Contractor that the liquidated damages which may
continue to be assessed, would be damages that may be collected in
addition to any reprocurement costs (see Subpart 20.5.7). If completion
or performance is desired after termination for default, efforts must be
made to obtain the completion or performance elsewhere within a
reasonable time.

\(c\) ***INFORMATION:*** The rate of liquidated damages used must be
reasonable, and must be considered on a case-by-case basis, since
liquidated damages fixed without any reference to probable actual
damages may be held to be a penalty, and therefore unenforceable. The
rate should, at a minimum, cover the estimated cost of contract
administration, including inspection, for each day of delay in
completion. In addition, other specific losses anticipated to be
incurred as a direct result of the failure of the Contractor to complete
the work on time should be included. Examples of specific losses are:

\(1\) Additional inspection costs;

\(2\) The cost of substitute facilities;

\(3\) The rental of buildings; or

\(4\) The cost of BPA crews, or hourly paid contract employees, forced
on standby.

##### 24.5.1.1 Clause Usage Prescriptions.

***PROCEDURE:*** The CO may include clause 24-2, Liquidated Damages, in
solicitations and contracts when a firm-fixed-price completion type
contract for construction, commercial construction, or demolition with a
value greater than \$100,000 is contemplated and its use meets the
requirements of 24.5.1(a) above. If different completion dates are
specified in the contract for separate parts or stages of the work, the
CO may revise paragraph (a) of the clause to state the amount of
liquidated damages for late completion of each part or stage of the
work. Separate calculation and documentation of the estimated damages
(24.5.1\[c\] above) must be developed for each amount specified with a
differing basis.

#### 24.5.2 Inspection of Site and Examination of Data.

\(a\) ***INFORMATION:*** If the contract site does not have free access,
the CO should make appropriate arrangements for prospective offerors to
inspect the work site. The CO should also afford them the opportunity to
examine data in the possession of BPA, which may provide information
concerning the performance of the work such as boring samples, original
boring logs, geology reports, and record and plans of previous
construction. The solicitation should notify offerors of the time(s) and
place(s) for the site inspection and data examination. If it is not
feasible for offerors to inspect the site or examine the data on their
own, the solicitation should also designate an individual who will show
the site or data to the offerors. A record shall be kept of the identity
and affiliation of all offerors\' representatives who inspect the site
or examine BPA site information.

\(b\) ***POLICY:*** Significant site information should be made
available to all offerors, including information regarding known safety
or hazardous conditions, as well as, any utilities to be furnished
during construction. During BPA guided site tours, care must be taken
not to provide information contradictory to the solicitation. All
potential offerors are to be advised of any substantive clarification or
correction of the solicitation package.

##### 24.5.2.1 Clause Usage Prescriptions.

***PROCEDURE:*** The CO shall include clause 24-3, Site Investigation
and Conditions Affecting the Work, in solicitations and contracts when a
firm fixed price construction or demolition contract is contemplated,
and the contract amount is expected to be greater than \$100,000.

#### 24.5.3 Clause Usage Prescriptions.

***PROCEDURE*:** Add the following clauses as required for the specific
requirements of the contract.

##### 24.5.3.1 Physical Data.

***PROCEDURE:*** The CO shall include clause 24-4, Physical Data, in
solicitations and contracts when a firm fixed price construction
contract is contemplated and physical data (e.g., test borings,
hydrographic, weather conditions data) will be furnished or made
available to offerors. All information to be furnished or made available
to offerors before award that pertains to the performance of the work
shall be identified in the clause. When subparagraphs are not
applicable, they may be deleted.

##### 24.5.3.2 Preconstruction Conference.

***PROCEDURE*:** The CO may include a clause similar to 24-5,
Preconstruction Conference, in solicitations and contracts when a
construction, or demolition contract is contemplated, and the CO deems a
preconstruction conference with the Contractor is advisable.

##### 24.5.3.3 Schedule for Construction Contracts.

***PROCEDURE:*** The CO shall include a clause similar to 24-6,
Schedules for Construction Contracts, in solicitations and contracts
when a firm fixed price construction contract is contemplated, the
contract amount is expected to be greater than \$100,000, and the period
of actual work performance exceeds 60 days. The clause is not applicable
to term type (level of effort) contracts.

##### 24.5.3.4 Differing Site Conditions.

\(a\) ***INFORMATION:*** The purpose of the Differing Site Conditions
clause is to encourage offerors to limit inclusion of contingency costs
in their offers for conditions which are not reasonably foreseeable. The
clause will also assist BPA and the Contractor with compliance with the
Archaeological Resources Protection Act of 1979 (36 CFR 1214).

\(b\) ***PROCEDURE:*** The CO shall include clause 24-7, Differing Site
Conditions, in solicitations and contracts when a firm fixed price
construction, or a firm fixed price demolition contract is completed,
and the contract amount is expected to be greater than \$100,000. The
clause is not applicable to term type (level of effort) contracts.

##### 24.5.3.5 Layout of Work.

***PROCEDURE:*** The CO may include a clause similar to 24-8, Layout of
Work, in solicitations and contracts when a firm fixed price
construction contract is contemplated and there is a need for accurate
work layout and siting verification during work performance.

##### 24.5.3.6 Specifications, Drawings and Material Submittals.

***PROCEDURE:*** The CO shall include a clause similar to 24-9,
Specifications, Drawings and Material Submittals, in all solicitations
and contracts for construction expected to be greater than \$100,000.
When shop drawings are required, the CO may add text similar to
Alternate I or II to paragraph (i) of the clause.

##### 24.5.3.7 Price Data Sheet.

***PROCEDURE:*** The CO shall include a clause similar to 24-10, Price
Data Sheet, in solicitations and contracts involving construction when a
firm fixed price contract with lump sum pricing is in use, and the
contract amount is expected to be greater than \$100,000. This clause
will aid in the calculation of progress payments.

##### 24.5.3.8 Working Hours.

***PROCEDURE:*** The CO shall include a clause similar to 24-11, Working
Hours, in solicitations and contracts for construction when a firm fixed
price contract is contemplated and the contract amount is expected to be
greater than \$100,000.

##### 24.5.3.9 Radio Information.

***PROCEDURE:*** The CO may include a clause similar to 24-12, Radio
Information, in contracts involving construction. It is useful where the
work requirements are not confined to one specific work area and
contract inspection would be aided by access to the Contractor\'s radio
communications.

##### 24.5.3.10 Material and Workmanship.

***PROCEDURE:*** The CO shall include clause 24-13, Material and
Workmanship, in solicitations and contracts for construction.

##### 24.5.3.11 Superintendence by the Contractor.

***PROCEDURE:*** The CO shall include a clause similar to 24-14,
Superintendence by the Contractor, in solicitations and contracts when a
construction, commercial construction, or

demolition contract is contemplated and the contract amount is expected
to be greater than \$100,000. This clause may be used in similar
contracts less than \$100,000.

##### 24.5.3.12 Permits and Responsibilities.

***PROCEDURE:*** The CO shall include clause 24-15, Permits and
Responsibilities, in solicitations and contracts when a construction or
demolition contract is contemplated and the contract amount is expected
to be greater than \$100,000. The CO should consider inserting the
clause, appropriately modified, in other than firm fixed price
contracts.

##### 24.5.3.13 Other Contracts.

***PROCEDURE:*** The CO shall include clause 24-16, Other Contracts, in
solicitations and contracts when a firm fixed price construction or
demolition contract is contemplated, the contract amount is expected to
be greater than \$100,000, and there is a reasonable expectation of
other work activities at the work site during the term of the contract.

##### 24.5.3.14 Operations and Storage Areas.

***PROCEDURE:*** The CO may include a clause similar to 24-17,
Operations and Storage Areas, in solicitations and contracts when a firm
fixed price construction or demolition contract is contemplated and the
contract amount is expected to be greater than \$100,000.

##### 24.5.3.15 Use and Possession Prior to Completion.

***PROCEDURE:*** The CO shall include clause 24-18, Use and Possession
Prior To Completion, in solicitations and contracts when a firm fixed
price construction contract is contemplated, the contract amount is
expected to be greater than \$100,000, and there is a reasonable
probability for early possession.

##### 24.5.3.16 Cleaning Up.

***PROCEDURE:*** The CO shall include a clause similar to 24-19,
Cleaning Up, in solicitations and contracts when a firm fixed price
construction or demolition contract is contemplated and the contract
amount is expected to be greater than \$100,000.

##### 24.5.3.17 Availability and Use of Utility Services.

***PROCEDURE:*** The CO may include a clause similar to 24-20,
Availability and Use of Utilities Services, in solicitations and
contracts when a construction or demolition contract is contemplated.
The clause is useful when the contract is to be performed on BPA sites,
and the CO determines (a) that the existing utility system is adequate
for the needs of both BPA and the Contractor, and (b) furnishing it is
in BPA\'s interest. When this clause is used, the CO shall list the
available utilities in the contract and the cost (if any) to be charged
to the Contractor for each unit.

##### 24.5.3.18 Road Maintenance.

***PROCEDURE:*** The CO shall include a clause similar to 24-21, Road
Maintenance, in solicitations and contracts when a firm fixed price
construction or demolition contract is contemplated, the contract work
may damage site, or adjacent roads, and the contract amount is expected
to be greater than \$100,000.

##### 24.5.3.19 Use of Land for Storage and Offices.

***PROCEDURE:*** The CO may include a clause similar to 24-22, Use of
Land for Storage and Offices, in solicitations and contracts for line
construction.

##### 24.5.3.20 Use of Explosives.

***PROCEDURE:*** The CO shall include a clause similar to 24-23, Use of
Explosives, in all solicitations and contracts for construction and
demolition when the contract may include the use of explosives.

##### 24.5.3.21 Contractor\'s Daily Report.

***PROCEDURE:*** The CO shall include a clause similar to 24-24,
Contractor\'s Daily Report, in all solicitations and contracts for
construction. The reports are useful for resolving contract disputes and
for gathering data for management purposes. Any modification to the
contents of this clause must consider that tracking of man-hours from
these reports is to be used for calculation of accident rates under BPA
contracts.

##### 24.5.3.22 Field Contract Modifications.

***PROCEDURE:*** The CO may include clause 24-25, Field Contract
Modifications, in solicitations and contracts for construction when
individuals to be delegated the authority of the clause are adequately
trained. The CO may not modify the contents of this clause except when
the contract type is other than firm fixed price or for title changes of
BPA representatives assigned under the contract. The CO shall provide
Field Modification forms, appropriately tailored to the contract, to
those given the authority to issue them. The amount specified in the
clause shall be inserted by the CO. This clause is not appropriate for
use under term type (level of effort) contracts.

##### 24.5.3.23 Oral Modifications.

***PROCEDURE:*** The CO may include clause 24-26, Oral Modification, in
solicitations and contracts for construction. The CO may not modify the
contents of this clause.

##### 24.5.3.24 Equipment Cost Allowances.

***PROCEDURE:*** The CO may include a clause similar to 24-27, Equipment
Cost Allowances, in solicitations and contracts for construction when a
firm fixed price contract expected to be greater than \$100,000 is
contemplated. This clause is useful in negotiation of equipment costs
when equitable adjustments for contract changes are necessary.

#### 24.5.4 Payment for Mobilization and Bonding Costs.

***PROCEDURE:*** A separate item(s) may be included in the schedule of
each construction solicitation and resultant contract to reimburse
Contractors for the costs of mobilization where deemed appropriate by
the CO. This will help to provide \"front-end money\" for small business
contractors. COs should take care during negotiation to ensure the
amount set for mobilization is reasonable, and not advance funding of
the work. Front-end recovery of bonding costs is also appropriate and
already covered in clause 22-2, Basis of Payment - Progress Payments
(Construction Contracts).

### 24.50 TEXT OF CLAUSES.

The following clauses are referred to in BPI Part 24:

24-1 Dismantling and Demolition of Property

24-2 Liquidated Damages

24-3 Site Investigation and Conditions Affecting the Work

24-4 Physical Data

24-5 Preconstruction Conference

24-6 Schedules for Construction Contracts

24-7 Differing Site Conditions

24-8 Layout of Work

24-9 Specifications, Drawings and Material Submittals

24-10 Price Data Sheet

24-11 Working Hours

24-12 Radio Information

24-13 Material and Workmanship

24-14 Superintendence by the Contractor

24-15 Permits and Responsibilities

24-16 Other Contracts

24-17 Operations and Storage Areas

24-18 Use and Possession Prior to Completion

24-19 Cleaning Up

24-20 Availability and Use of Utility Services

24-21 Road Maintenance

24-22 Use of Land for Storage and Offices

24-23 Use of Explosives

24-24 Contractor\'s Daily Report

24-25 Field Contract Modifications

24-26 Oral Modification

24-27 Equipment Cost Allowances

######### Clause 24-1 DISMANTLING AND DEMOLITION OF PROPERTY (Sep 98)(BPI 24.3.1)

The Contractor shall receive title to all property to be dismantled or
demolished that is not specifically designated in the contract as being
retained by BPA. The title shall vest in the Contractor immediately upon
BPA\'s issuing the notice of award, or if a performance bond is to be
furnished after award, upon BPA\'s issuance of a notice to proceed with
the work. BPA shall not be responsible for the condition of, or any loss
or damage to, the property.

(End of clause)

######### Clause 24-2 LIQUIDATED DAMAGES (Sep 98)(BPI 24.5.1.1)

\(a\) If the Contractor fails to complete the work within the time
specified in the contract, or any extension, the Contractor shall pay to
BPA as liquidated damages, the sum of \$\_\_\_\_\_\_\_\_\_\_ for each
day of delay.

\(b\) If BPA terminates the Contractor\'s right to proceed, the
resulting damage will consist of liquidated damages until such
reasonable time as may be required for final completion of the work,
together with any increased costs to BPA in completing the work.

\(c\) If BPA does not terminate the Contractor\'s right to proceed, the
resulting damage will consist of liquidated damages until the work is
completed or accepted.

(End of Clause)

######### Clause 24-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (Sep 98)(BPI 24.5.2.1)

\(a\) The Contractor acknowledges that it has taken steps reasonably
necessary to ascertain the nature and location of the work, and that it
has investigated and satisfied itself as to the general and local
conditions which can affect the work or its cost, including but not
limited to (l) conditions bearing upon transportation, disposal,
handling, and storage of materials; (2) the availability of labor,
water, electric power, and roads; (3) uncertainties of weather, river
stages, tides, or similar physical conditions at the site; (4) the
conformation and conditions of the ground; and (5) the character of
equipment and facilities needed preliminary to and during work
performance. The Contractor also acknowledges that it has satisfied
itself as to the character, quality, and quantity of surface and
subsurface materials or obstacles to be encountered insofar as this
information is reasonably ascertainable from an inspection of the site,
including all exploratory work done by BPA, information available to the
public from local government agencies, as well as from the drawings and
specifications made a part of this contract. Any failure of the
Contractor to take the actions described and acknowledged in this
paragraph will not relieve the Contractor from responsibility for
properly estimating the difficulty and cost of successfully performing
the work, or for proceeding to successfully perform the work without
additional expense to BPA.

\(b\) BPA assumes no responsibility for any conclusions or
interpretations made by the Contractor based on the information made
available by BPA. Nor does BPA assume responsibility for any
understanding reached or representation made concerning conditions which
can affect the work by any of its officers or agents before the
execution of this contract, unless that understanding or representation
is expressly stated in this contract.

(End of clause)

######### Clause 24-4 PHYSICAL DATA (Sep 98)(BPI 24.5.3.1)

Data and information furnished or referred to below is for the
Contractor\'s information. BPA shall not be responsible for any
interpretation of or conclusion drawn from the data or information made
available to the Contractor. Further, BPA specifically does not warrant
construction methodology which may be included in such documents.

\(a\) The indications of physical conditions on the drawings and in the
specifications are the result of site investigations by [ ]{.underline}
(insert a description of investigational methods used, such as surveys,
auger borings, core borings, test pits, probings, test tunnels).

\(b\) [ ]{.underline} (insert other pertinent information).

(End of clause)

######### Clause 24-5 PRECONSTRUCTION CONFERENCE (Sep 98)(BPI 24.5.3.2)

The successful offeror will be required to attend a pre-construction
conference at a site designated by the Contracting Officer prior to
commencement of the work.

(End of Clause)

######### Clause 24-6 SCHEDULES FOR CONSTRUCTION CONTRACTS (Sep 98)(BPI 24.5.3.3)

\(a\) The Contractor shall, within five days after the work commences on
the contract or another period of time determined by the Contracting
Officer (CO), prepare and submit to the CO three copies of a practicable
schedule showing the order in which the Contractor proposes to perform
the work, and the dates on which the Contractor contemplates starting
and completing the several salient features of the work (including
acquiring materials, plant, and equipment). The schedule shall be in the
form of a progress chart of suitable scale to indicate appropriately the
percentage of work scheduled for completion each week during the
contract period. If the Contractor fails to submit a schedule within the
time prescribed, BPA may withhold approval of progress payments until
the Contractor submits the required schedule. Should the Contractor fall
behind its schedule, a revised schedule shall be forwarded with the next
Contractor\'s request for progress payment. Additional schedules shall
be furnished to BPA as soon as practicable if requested by the CO.

\(b\) With each payment request the Contractor shall submit a copy of
the last submitted schedule annotated to indicate actual progress made
to date. If at any time, in the opinion of the CO, the Contractor has
fallen behind the schedule to an extent which would jeopardize timely
completion, the Contractor shall take the steps necessary to improve its
progress, including those that may be required by the CO, to enable
timely completion without additional cost to BPA. The CO may require the
Contractor to implement such things as increasing the number of shifts,
the amount of overtime, days of work per week, and/or the amount of
construction plant being utilized. The Contractor shall submit any
supplementary schedules the CO deems necessary to demonstrate how the
rate of progress necessary for timely completion will be regained.

\(c\) Failure of the Contractor to comply with the requirements of the
CO under this clause shall be grounds for a determination by the CO that
the Contractor is not prosecuting the work with sufficient diligence to
ensure completion within the time specified in the contract. Upon making
this determination, the Contracting Officer may terminate the
Contractor\'s right to proceed with the work, or any separable part of
it, in accordance with the default terms of this contract.

(End of clause)

######### Clause 24-7 DIFFERING SITE CONDITIONS (Sep 98)(BPI 24.5.3.4)

\(a\) The Contractor shall promptly, and before the conditions are
disturbed, give a written notice to the Contracting Officer of (1)
subsurface or latent physical conditions at the site which differ
materially from those indicated in this contract, or (2) unknown
physical conditions at the site, of an unusual nature, which differ
materially from those ordinarily encountered and generally recognized as
inherent to the type of work provided for in the contract. Unless
specifically identified in the contract, discoveries of archaeological
or historical remains such as graves, fossils, skeletal materials and
artifacts protected by the Archaeological Resources Protection Act (36
CFR 1214) are considered type 2 conditions.

\(b\) BPA shall investigate the site conditions promptly after receiving
the notice. If the Contracting Officer determines that the conditions do
materially so differ and cause an increase or decrease in the
Contractor\'s cost of, or the time required for, performing any part of
the work under this contract, whether or not changed as a result of the
conditions, an equitable adjustment shall be made under this clause and
the contract modified in writing accordingly.

\(c\) No request by the Contractor for an equitable adjustment to the
contract under this clause shall be allowed, unless the Contractor has
given the written notice required; provided, that the time prescribed in
(a) above for giving written notice may be extended by the Contracting
Officer.

\(d\) No request by the Contractor for an equitable adjustment to the
contract for differing site conditions shall be allowed if made after
final payment under this contract.

(End of clause)

######### Clause 24-8 LAYOUT OF WORK (Sep 98)(BPI 24.5.3.5)

The Contractor shall lay out its work from BPA-established base lines
and bench marks indicated on the drawings, and shall be responsible for
all measurements in connection with the layout. The

Contractor shall furnish, at its own expense, all stakes, templates,
platforms, equipment, tools, materials, and labor required to lay out
any part of the work. The Contractor shall be responsible for the
execution of the work to the lines and grades that may be established or
indicated by the Contracting Officer. The Contractor shall also be
responsible for maintaining and preserving all stakes and other marks
established by the Contracting Officer until authorized to remove them.
If such marks are destroyed by the Contractor or through its negligence
before their removal is authorized, the Contracting Officer may replace
them and deduct the expense of the replacement from any amounts due or
to become due to the Contractor.

(End of clause)

######### Clause 24-9 SPECIFICATIONS, DRAWINGS AND MATERIAL SUBMITTALS (Sep 98)(BPI 24.5.3.6)

\(a\) Anything mentioned in the specifications and not shown on the
drawings, or shown on the drawings and not mentioned in the
specifications, shall be of like effect as if shown or mentioned in
both. In case of difference between drawings and specifications, the
specifications shall govern. In case of discrepancy in the figures, in
the drawings, or in the specifications, the matter shall be promptly
submitted to the Contracting Officer, who shall promptly make a
determination in writing. Any adjustment by the Contractor without such
a determination shall be at its own risk and expense. The Contracting
Officer shall furnish from time to time such detailed drawings and other
information as considered necessary, unless otherwise provided.

\(b\) Wherever in the specifications or upon the drawings the words
\"directed\", \"required\", \"ordered\", \"designated\", \"prescribed\",
or words of like import are used, it shall be understood that the
\"direction\", \"requirement\", \"order\", \"designation\", or
\"prescription\", of the Contracting Officer is intended, and similarly
the words \"approved\", \"acceptable\", \"satisfactory\", or words of
like import shall mean \"approved by\", or \"acceptable to\", or
\"satisfactory to\" the Contracting Officer, unless otherwise expressly
stated.

\(c\) Where \"as shown\", \"as indicated\", \"as detailed\", or words of
similar import are used, it shall be understood that the reference is
made to the drawings accompanying this contract, unless stated
otherwise. The word \"provided\" as used herein shall be understood to
mean \"provide complete in place\", that is \"furnished and installed\".

\(d\) Omissions from the drawings and specifications or the
misdescription of details of work which are manifestly necessary to
carry out the intent of the drawings and specifications, or which are
customarily performed, shall not relieve the Contractor from performing
such omitted or misdescribed details of the work. They shall be
performed as if fully and correctly set forth and described in the
drawings and specifications.

\(e\) The Contractor shall check all drawings furnished by BPA prior to
starting work and shall promptly notify the Contracting Officer of any
discrepancies. Figures marked on drawings shall in general be followed
in preference to scale measurements. Large scale drawings shall in
general

govern small scale drawings. The Contractor shall compare all drawings
and verify the figures before laying out the work, and will be
responsible for any errors which might have been avoided thereby.

\(f\) Shop drawings means drawings, submitted to BPA by the Contractor,
Subcontractor, or any lower tier subcontractor pursuant to a
construction contract, showing in detail (1) the proposed fabrication
and assembly of structural elements and (2) the installation (i.e.,
form, fit, and attachment details) of materials or equipment. It
includes drawings, diagrams, layouts, schematics, descriptive
literature, illustrations, schedules, performance and test data, and
similar materials furnished by the Contractor to explain in detail
specific portions of the work required by the contract. BPA may
duplicate, use, and disclose in any manner and for any purpose shop
drawings delivered under this contract.

\(g\) If this contract requires material submittals (e.g., shop
drawings, catalog cuts, certificates of conformance, etc.), the
Contractor shall coordinate all such submittals, and review them for
accuracy, completeness, and compliance with contract requirements and
shall indicate its approval thereon as evidence of such coordination and
review. Submittals sent to BPA without evidence of the Contractor\'s
approval may be returned for resubmission. The Contracting Officer\'s
representative (as set forth in Unit 3) will indicate an approval or
disapproval of the submittal, and if not approved as submitted, shall
indicate BPA\'s reasons therefor. Any work done before such approval
shall be at the Contractor\'s risk. Approval by the Contracting Officer,
by or his or her representative, shall not relieve the Contractor from
responsibility for any errors or omissions in such submittals, nor from
responsibility for complying with the requirements of this contract,
except with respect to variations described and approved in accordance
with (h) below.

\(h\) If submittals show variations from the contract requirements, the
Contractor shall describe such variations in writing, separate from the
submittal, at the time of submission. The variation description, a copy
of the respective submittal and a proposal for its incorporation into
the contract shall be sent directly to the Contracting Officer. If the
Contracting Officer approves any such variation, the Contracting Officer
shall issue an appropriate contract modification, except that, if the
variation is minor or does not involve a change in price or in time of
performance, a modification need not be issued.

\(i\) The Contractor shall submit to the Contracting Officer for
approval 4 copies (unless otherwise indicated) of all submittals as
called for under the various headings of these specifications. Three
sets (unless otherwise indicated) of all submittals, will be retained by
the Contracting Officer and one set will be returned to the Contractor.

\(j\) This clause shall be included in all subcontracts at any tier.

(End of clause)

######### Alternate I (Oct 93)

Upon completing the work under this contract, the Contractor shall
furnish a complete reproducible set of all shop drawings as finally
approved. These drawings shall show all changes and revisions made up to
the time the work is completed and accepted.

(End of Alternate I)

######### Alternate II (Oct 93)

Upon completing the work under this contract, the Contractor shall
furnish \_\_\_\_\_\_\_\_\_\_\_\_\_ sets of prints of all shop drawings
as finally approved. These drawings shall show changes and revisions
made up to the time the work is completed and accepted.

(End of Alternate II)

######### Clause 24-10 PRICE DATA SHEET (Sep 98)(BPI 24.5.3.7)

The Contractor shall provide, within 15 calendar days of receipt of a
Notice of Award, a breakdown of elements of lump sum prices making up
the accepted offer as set forth below. All blanks are to be filled in,
and no editing of the provided format is authorized without prior
authorization of the Contracting Officer or his or her official
representative. Offerors are advised to inform potential subcontractors
of this requirement in the event the required detail is greater than
what would normally be provided. In the event a potential subcontractor
refuses to provide the required detail through the prime Contractor,
permission may be requested from the Contracting Officer, or his or her
representative, to have data submitted directly to the Contracting
Officer. If the Contractor, or subcontractor desires the information to
be protected from public view, the data sheets should be clearly labeled
as proprietary. Release of the data would be subject to the provisions
of the Freedom of Information Act.

[Item No.]{.underline} [Description (Labor Material
Equipment)]{.underline} [Unit]{.underline} [Qty]{.underline} [Unit
Cost]{.underline} [Cost]{.underline} [Total Amount]{.underline}

(CO FILL IN NON DOLLAR INFORMATION)

(End of Clause)

######### Clause 24-11 WORKING HOURS (Sep 98)(BPI 24.5.3.8)

\(a\) All sitework (except work during outages which may be required to
be performed after normal working hours) shall be performed between 8 AM
and 4:30 PM, Monday through Friday. No on-site work shall be permitted
outside that workweek or on Federal Holiday observances, except as
authorized in writing by the Contracting Officer.

\(b\) Application for varying working hours shall be submitted
sufficiently in advance to enable the Contracting Officer to determine
the desirability of allowing such performance, to determine if equitable
adjustment to the contract must be made (to reimburse BPA for additional
inspection or other costs) and to enable arrangements to be made for
inspecting the work during those times.

(End of clause)

######### Clause 24-12 RADIO INFORMATION (Sep 98)(BPI 24.5.3.9)

\(a\) Radio/Transmitter Information: The Contractor shall furnish to the
Contracting Officer within ten (10) days of contract award the following
information in letter form;

\(l\) BPA contract number for this contract.

\(2\) Authorization as follows:

\"The following information is our communications system authorization
and supporting data. We give our permission to the Bonneville Power
Administration for use of the frequencies stated below to operate
(\...FILL IN\...) mobile radios/transmitters in conjunction with the
communications systems we will have available for the project area.\"

\(3\) FCC license number.

\(4\) Frequency.

\(5\) Call sign.

\(6\) Transmitter power.

\(7\) States and Counties covered by this authorization for this
project.

\(8\) Company name and address.

\(9\) Name and telephone number of the company communications
representative.

\(10\) Signature and title of authorized company representative and date
signed.

\(11\) Attach a copy of current FCC Frequency Authorization for the
project area.

\(b\) Leased Communication Services: If the successful offeror does not
currently have an authorized radio communications system for the project
area, the requirements of this section shall be provided through leased
services.

(End of Clause)

######### Clause 24-13 MATERIAL AND WORKMANSHIP (Sep 98)(BPI 24.5.3.10)

\(a\) All equipment, material, and articles incorporated into the work
covered by this contract shall be new and of the most suitable grade for
the purpose intended, unless otherwise specifically provided in this
contract. Use of recycled materials for the manufacture of such products
is encouraged. Equipment, material, or articles specified by trade name,
make, or catalog number, shall be provided. Equivalent items are not
acceptable unless specifically authorized in the specification.

\(b\) All work under this contract shall be performed in a skillful and
workmanlike manner. The Contracting Officer may require, in writing,
that the Contractor remove from the work any employee the Contracting
Officer deems incompetent, unsafe, or otherwise objectionable.

(End of clause)

######### Clause 24-14 SUPERINTENDENCE BY THE CONTRACTOR (Oct 07)(BPI 24.5.3.11)

\(a\) At all times during performance of this contract, and until the
work is completed and accepted, the Contractor shall directly
superintend the work or assign and have on the worksite a competent
superintendent who is satisfactory to the Contracting Officer and has
authority to act for the Contractor.

\(b\) If the Contractor's crew consists primarily of individuals whose
primary language is other than English, the superintendent must be able
to communicate effectively and efficiently in the English language and
the language(s) of the crew. In addition, there shall be at least one
other person on the crew who is fluent in both English and the primary
language of the crew.

(End of clause)

######### Clause 24-15 PERMITS AND RESPONSIBILITIES (Sep 98)(BPI 24.5.3.12)

The Contractor shall, without additional expense to BPA, be responsible
for obtaining any necessary licenses and permits, and for complying with
any Federal, state, and municipal laws, codes, and regulations
applicable to the performance of the work. The Contractor shall also be
responsible for all damages to persons or property that occur as a
result of the Contractor\'s fault

or negligence, and shall take proper safety and health precautions to
protect the work, the workers, the public, and the property of others.
The Contractor shall also be responsible for all materials delivered and
work performed until completion and acceptance of the entire work,
except for any completed unit of work which may have been accepted under
the contract.

(End of clause)

######### Clause 24-16 OTHER CONTRACTS (Sep 98)(BPI 24.5.3.13)

BPA may undertake or award other contracts for additional work, or may
utilize in-house construction forces, at or near the site of the work.
The Contractor shall fully cooperate with such other contractors and BPA
employees, and carefully adapt scheduling and performance of the work
under this contract to accommodate simultaneous performance, heeding any
direction that may be provided by the Contracting Officer. The
Contractor shall not commit or permit any act which will interfere with
the performance of work by any other contractors or by BPA employees.

(End of clause)

######### Clause 24-17 OPERATIONS AND STORAGE AREAS (Sep 98)(BPI 24.5.3.14)

\(a\) The Contractor shall confine all operations (including storage of
materials) on BPA premises to areas authorized or approved by the
Contracting Officer's Technical Representative or Field Inspector.

\(b\) Temporary buildings (e.g., storage sheds, shops, offices) and
utilities may be erected by the Contractor only with the approval of the
Contracting Officer, and shall be built with labor and materials
furnished by the Contractor without expense to BPA. The temporary
buildings and utilities shall remain the property of the Contractor and
shall be removed by the Contractor at its expense upon completion of the
work. With the written consent of the Contracting Officer, the buildings
and utilities may be abandoned and need not be removed.

(End of clause)

######### Clause 24-18 USE AND POSSESSION PRIOR TO COMPLETION (Sep 98)(BPI 24.5.3.15)

\(a\) BPA shall have the right to take possession of or use any
completed or partially completed part of the work. Before taking
possession of or using any work, the Contracting Officer shall furnish
the Contractor a list of items of work remaining to be performed or
corrected on those portions of the work that BPA intends to take
possession of or use. However, failure of the Contracting Officer to
list any item of work shall not relieve the Contractor of responsibility
for complying with the terms of the contract. BPA\'s possession or use
shall not be deemed an acceptance of any work under the contract.

\(b\) While BPA has such possession or use, the Contractor shall be
relieved of the responsibility for the loss or damage to the work
resulting from BPA\'s possession or use, notwithstanding the terms of
the clause in this contract entitled \"Permits and Responsibilities\".
If prior possession or use by BPA delays the progress of the work or
causes additional expense to the Contractor, an equitable adjustment
will be made in the contract price or the time of completion and the
contract will be modified in writing accordingly.

(End of clause)

######### Clause 24-19 CLEANING UP (Sep 98)(BPI 24.5.3.16)

\(a\) The Contractor shall at all times keep the work area, including
storage areas, free from accumulations of waste materials. Before
completing the work, the Contractor shall remove from the work and
premises any rubbish, tools, scaffolding, equipment, and materials that
are not the property of BPA. Upon completing the work, the Contractor
shall leave the work area in a clean, neat, and orderly condition
satisfactory to the Contracting Officer.

\(b\) Unless specifically set forth in the contract, the Contractor
shall not burn any material on site, on the right-of-way or on the
access roads to the sites. All material and debris shall be hauled to an
appropriate disposal site.

(End of clause)

######### Clause 24-20 AVAILABILITY AND USE OF UTILITY SERVICES (Sep 98)(BPI 24.5.3.17)

\(a\) BPA shall make all reasonable required amounts of utilities
available to the Contractor from existing outlets and supplies, as
specified in the contract. Unless otherwise provided in the contract
specifications, utilities will be furnished without charge. The
Contractor shall carefully conserve any utilities furnished without
charge.

\(b\) The Contractor, at its expense and in a workmanlike manner
satisfactory to the BPA, shall install and maintain all necessary
temporary connections and distribution lines, and all meters required to
measure the amount of each utility used. Prior to final acceptance of
the work by BPA, the Contractor shall remove all the temporary
connections, distribution lines, meters, and associated paraphernalia.

(End of clause)

######### Clause 24-21 ROAD MAINTENANCE (Sep 98)(BPI 24.5.3.18)

The Contractor shall maintain all roads used by it, and upon completion
of the job shall leave them in as good a condition as when first used. A
road grading machine - not a bulldozer - shall be used for maintenance
and final grading. In no event shall the Contractor interfere with the
property owner\'s use of roads existing prior to the Contractor\'s
entry.

(End of clause)

######### Clause 24-22 USE OF LAND FOR STORAGE AND OFFICES (Sep 98)(BPI 24.5.3.19)

\(a\) Right-of-Way:

\(1\) Use of land for storage and offices is restricted to the subject
line right-of-way during the contract period, subject to the approval of
the Contracting Officer. Campsites are prohibited.

\(2\) Adjacent right-of-way shall not be used except for access over and
along existing roads and necessary extensions.

\(b\) Private Land:

\(1\) The Contractor shall not use private land for contract purposes
without prior signed agreement from the landowner. The agreement shall
include the following information:

\(A\) Name of landowner.

\(B\) Location of land.

\(C\) Purpose, terms and duration of agreement.

\(D\) Signatures of landowners and Contractor and dates signed.

\(2\) A signed copy of the agreement shall be furnished to the
Contracting Officer prior to use of such land.

\(3\) The Contractor shall assume all liability for damages and
interference with any part of the contract or other BPA work due to such
use of private land.

(End of clause)

######### Clause 24-23 USE OF EXPLOSIVES (Sep 98)(BPI 24.5.3.20)

\(a\) Precautions:

\(1\) The Contractor shall use the utmost care to prevent danger to life
and to prevent damage to property beyond the blast area. Failure to
observe necessary precautions shall be grounds for suspending the work.
The Contractor shall take necessary measures such as blasting mats to
prevent rocks and debris from being thrown onto cultivated pasture
lands, recreational areas, and other sensitive areas.

\(2\) The use of electric blasting caps is prohibited near energized
power lines. Individual charges shall be detonated by means of approved
detonating safety fuse cords.

\(3\) All exploders, fuses, and explosives shall be transported, stored,
and used in compliance with applicable laws and regulations, including
those prescribed by local agencies.

\(b\) Warning Lights: The Contractor shall furnish and use a flashing
high intensity warning light at each blasting site. The light shall be
placed where it will be visible from low flying aircraft in all
directions. The light shall be turned on about 5 minutes before, and
remain on during the blasting. Each light shall be enclosed in a red
lens, produce one million candle power, be visible vertically and
horizontally, and flash at about 80, but not more than 130 times a
minute.

\(c\) Fire Danger: The following shall apply to blasting when a danger
of fire is present:

\(1\) The use of fuse and caps is prohibited.

\(2\) The Contracting Officer may stop blasting during periods of high
fire danger.

\(3\) When the relative humidity is below 50 percent, a watchman shall
remain at each blasting site for at least one hour after blasting.

(End of clause)

######### Clause 24-24 CONTRACTOR\'S DAILY REPORT (Sep 98)(BPI 24.5.3.21)

The Contractor is required to submit a \"Daily Report to Inspector,\"
BPA F6410.11. The forms shall be completed daily and delivered to the
designated BPA Contracting Officer's Technical Representative or Field
Inspector. Information to be reported on the forms includes, but is not
limited to: workers by classification, the move-on and move-off of
construction equipment, materials and equipment delivered to the site,
inspections and tests performed, and total cumulative hours worked.

(End of clause)

######### Clause 24-25 FIELD CONTRACT MODIFICATIONS (Sep 98)(BPI 24.5.3.22)

\(a\) The purpose of this clause is to establish a procedure whereby one
contract modification will be used both to direct field changes of the
type specified in the changes clause herein and to settle any question
of equitable adjustments that might arise. This procedure shall apply
only to those changes having less than \$ [\*]{.underline} impact to the
contract price and 7 calendar days or less time extension. (\* CO fill
in amount)

\(b\) When either party desires a change which falls within the category
of changes defined in paragraph (a), a field modification form shall be
executed by both parties which shall constitute a full, complete, and
final settlement for the change directed. The BPA individuals, besides
the Contracting Officer, authorized to execute such modifications are:
Contracting Officer Representative, Contracting Officer's Technical
Representative and/or Field Inspector.

\(c\) The Contractor\'s job superintendent, or other specified
representative, shall be authorized to execute said document on behalf
of the Contractor thereby legally binding their company. This person
shall be on the job site at all times during performance of the
contract.

(End of clause)

######### Clause 24-26 ORAL MODIFICATION (Sep 98)(BPI 24.5.3.23)

Notwithstanding other provisions herein, only the Contracting Officer is
authorized to orally modify or affect the terms of this contract.
Contractor response to oral contract changes from any other source is at
its own risk of liability.

(End of clause)

######### Clause 24-27 EQUIPMENT COST ALLOWANCES (SEP 02)(BPI 24.5.3.24)

When equipment costs are a factor in any determination of contract price
adjustment pursuant to the Changes clause or any other provision of the
contract, such adjustments shall be calculated in accordance with this
clause. Chart No. 1, at the end of the clause, summarizes the allowable
equipment costs.

\(a\) Contractor Owned Equipment:

\(1\) Operated equipment:

\(A\) For operated equipment, the Total Allowable Cost per hour actually
worked will consist of the hourly ownership cost, hourly overhaul cost,
and the hourly operating cost (field repair and fuel expense) listed in
the Cost Reference Guide (CRG), published by PRIMEDIA Information Inc.
current as of the date the piece(s) of equipment were operated.
Adjustments to the CRG listed average figures will not be allowed.

\(B\) If, for any reason, the exact piece of equipment is not included
in the CRG, costs for a similar item may be used, if reasonable.
Determination of the appropriate \"similar\" item will be a joint
determination of the Contractor and the Contracting Officer and will be
based first on the work application of the piece of equipment and then
on the equipment specifications as contained in the CRG.

\(C\) Costs for specialized equipment not included in the CRG (such as
tensioners and pullers used in stringing conductor) will be negotiated
with the Contracting Officer. The cost components included in such
negotiated costs will be the same as those contained in the CRG rates.

\(D\) If the equipment is used in excess of forty (40) hours per week,
the ownership and overhaul costs will be allowed at fifty percent (50%)
of the listed costs for those excess hours. Operating costs will be
allowed at the full rate.

\(2\) Standby Equipment:

\(A\) For equipment on standby, the Total Allowable Cost will consist of
the total of one-half of the hourly ownership cost plus one-half of the
hourly overhaul cost listed in the CRG, published by PRIMEDIA
Information Inc. current as of the date the piece(s) of equipment were
on standby. No operating costs will be allowed. Adjustments from the CRG
listed average figures will not be allowed.

\(B\) If, for any reason, the exact piece of equipment is not included
in the CRG, costs for a similar item may be used, if reasonable.
Determination of the appropriate \"similar\" item will be a joint
determination of the Contractor and the Contracting Officer, and will be
based first on the work application of the piece of equipment and then
on the equipment specifications as contained in the CRG.

\(C\) Standby costs for specialized equipment not included in the CRG
(such as tensioners and pullers used in stringing conductor) will be
negotiated with the Contracting Officer. The cost components included in
such negotiated costs will be the same as those contained in the CRG
ownership and overhaul rates.

\(D\) Payment for equipment placed on standby will be limited to forty
(40) hours per week (combined operated and standby hours).

\(b\) Rented Equipment:

(1) Operated Equipment:

\(A\) For operated rental equipment, the Total Allowable Cost will
consist of the additional actual, reasonable, and allocable rental costs
as evidenced by the rental agreement and invoices. Rental costs will be
converted to a "per hour" basis by dividing the rental (invoice) amount
by the number of normal contractor working hours during the period of
rental (i.e., If working five 8-hour days per week, divide weekly
rentals by 40 hours and monthly rentals by 176 hours. If working six
10-hour days per week, divide weekly rentals by 60 hours and monthly
rentals by 260 hours.) See attached Chart No. 1 for these examples.

\(B\) If no operating costs are included in the rental charge, the total
operating cost per hour for that piece of equipment, as contained in the
CRG, will be allowed. If some operating costs are included in the rental
charge, duplicated charges will be deleted from the CRG-listed operating
cost. In any case, the total operating cost shall not exceed the CRG
amount.

\(C\) Unless additional actual, reasonable, and allocable rental costs
are incurred, payment for hours in excess of the normal contractor
working hours per day will be limited to operating costs only.

\(2\) Standby Equipment:

\(A\) For rented equipment on standby, the Total Allowable Cost will
consist of the additional actual, reasonable, and allocable rental costs
as evidenced by the rental agreement and invoices. No operating costs
will be allowed unless they are included in the original rental
agreement amount and actually incurred by the Contractor.

\(B\) Payment for rental equipment placed on standby will be limited to
normal contractor working hours.

\(c\) Intra-Company Rentals:

Costs of equipment rented from any division, subsidiary, or organization
under common control of the Contractor shall be allowable to the extent
that they do not exceed the CRG hourly ownership and overhaul costs.
Hourly operating costs will be allowed, subject to the same provisions
as contained in paragraph (b)(1)(B) above.

\(d\) Equipment Identification:

Within two weeks after the issuance of the Notice to Proceed, the
Contractor shall furnish the Contracting Officer with a master list of
all contractor-owned and rented equipment initially assigned to the
project. The list shall include the manufacturer, year of manufacture,
equipment model, rating or capacity, and other information pertinent to
proper identification. The manufacturer\'s identification plates will be
used to determine ratings or capacities and model designations whenever
possible. The list shall be updated periodically as new equipment is
employed on the contract work.

\(e\) Elimination of Duplicate Charges:

The Contractor shall review all equipment costs that are included in the
cost allowances provided by the CRG or are negotiated with the
Contracting Officer and either (a) eliminate them from all other direct
and indirect costs charged to the contract and/or the extra work or (b)
reduce the allowable cost by that component of cost specified in the CRG
or negotiated rate.

\(f\) Cost Reference Guide Updates

In the event CRG rates are updated during the period of extra work or
standby, rates applicable to the days actually involved will be used.
The CRG will be deemed to have been updated as of the first day of the
month of the revision. For cost contracts, the costs allowed as of the
first day the equipment is assigned to the project will be maintained
throughout the term of the contract.

\(g\) Condition of Equipment:

Rates determined in accordance with this clause are for equipment of
modern design, in sound workable condition, and used in the manner
originally intended. Payment for equipment not meeting these criteria
will be at rates negotiated with the Contracting Officer.

  --------------- -------------------- -------------------- --------------------
                  [Chart No. 1 \--                          
                  Summary of Allowable                      
                  Costs]{.underline}                        

                                                            

                  [Normal Working      [Excess Working      [Standby
                  Hours]{.underline}   Hours]{.underline}   Hours]{.underline}

                                                            

  Owned Equipment Ownership Cost plus  1/2 Ownership Cost   1/2 Ownership Cost
                                       plus                 plus

                  Overhaul Cost plus   1/2 Overhaul Cost    1/2 Overhaul Cost,
                                       plus                 but

                  Operating Costs      Operating Costs      No Operating Costs

                                                            

  Rented          Hourly Rental \*     Operating Costs Only Hourly Rental \*
  Equipment       plus                                      Only

                  Operating Costs                           

                                                            

  \* Hourly                                                 
  Rental Cost =                                             
  \[Invoice                                                 
  Cost\] /                                                  
  \[Normal                                                  
  Contractor                                                
  Working Hours                                             
  in the Period\]                                           

                                                            

                  Examples                                  

                                                            

                  [Working five 8-hour [Working six 10-hour 
                  days]{.underline}    days]{.underline}    

                                                            

  Weekly Rental   Divide by 40 hours   Divide by 60 hours   

                                                            

                                                            

  Monthly Rental  Divide by 176 hours  Divide by 260 hours  
  --------------- -------------------- -------------------- --------------------

(End of clause)