25-041 GMF Fuel Tank Replacement IFB Final.pdf

RFTA Solicitation No. 25-041

INVITATION FOR BIDS

GLENWOOD MAINTENANCE FACILITY

(GMF) FUEL TANK REPLACEMENT

Solicitation Date:

May 12, 2025

Deadline for Written Inquiries, Exceptions, and/or Requests for Clarifications: May 15, 2025 5:00PM

RFTA Response to Inquiries and/or Requests for Clarifications: May 21, 2025 5:00 PM

Bids Due: May 27, 2025 10:00AM

Notice to Proceed: TBD

Procurement Department 1517 Blake Avenue, Suite 201 Glenwood Springs, CO 81601

970-384-4868 procurement@rfta.com mailto:procurement@rfta.com

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MS11011

INVITATION FOR BIDS

SOLICITATION NO. 25-041

The Roaring Fork Transportation Authority (RFTA) will accept sealed Bids for the Glenwood Maintenance Facility (GMF) Fuel Tank Replacement. The project consists of the replacement of the existing underground fuel tanks and used and new oil tanks. Other improvements include replacement of existing fuel dispenser’s interior and exterior, while also adding remote fueling locations. This project is fully described in the Bid Package accompanying these instructions.

Sealed Bids will be accepted until May 27, 2025 at 10:00AM The Solicitation documents will be available to review or download from www.bidnetdirect.com.

To download documents from BidNet go to www.Bidnetdirect.com , select Colorado, then Roaring Fork Transportation Authority. If you are not already registered with BidNet, you must complete their registration information. For assistance with registration, please contact BidNet Vendor Support at (800) 835-4603 Monday through Friday from 6:00 AM – 6:00PM (MT).

Bids must be submitted in PDF format and uploaded to BidNet Direct, www.Bidnetdirect.com before 10:00AM on May 27, 2025 Use “YOUR COMPANY NAME IFB #25-041 Bid Package” as the title of the uploaded documents to clearly indicate the contents. RFTA will not accept late, faxed, or emailed submissions.

This solicitation does not commit RFTA to award a contract, pay any cost incurred in preparation of submittals, or to contract for services. RFTA reserves the right to reject all Bids received, to waive irregularities and informalities, and to accept the Bid, which is deemed in the best interest of RFTA to accept. For questions or more information, contact RFTA’s Procurement Department at procurement@rfta.com or (970) 384-4868.

Published in/on the following media outlets: Post Independent, Aspen Times, and Grand Junction Sentinel.

Para informacion en Español favor de llamar al (970) 384-4950 o mandar por correo electronico Spanish@rfta.com.

http://www.bidnetdirect.com/ http://www.bidnetdirect.com/ http://www.bidnetdirect.com/ http://rftasharepoint/dept/Procurement/Solicitations/procurement@rfta.com mailto:Spanish@rfta.com

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Contents Instructions to Bidders 4 Part I General 4 Part II Communications during Solicitation, Offer & Award Period. 4 Part III Changes to the Solicitation 5 Part IV Bid Submission 5 Part V Bid Opening 6 Part VI Contract Award 7 Part VII Legal 7 Part IX Exhibits 11

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Instructions to Bidders

Part I General

The Roaring Fork Transportation Authority (“RFTA”) is soliciting sealed Bids from qualified Bidders for the following project: GMF Fuel Tank Replacement

The project consists of the replacement of two existing underground fuel tanks, one used oil tank, and one new new oil tank. It also includes removal only of an abandoned oil and water separator tank. Other improvements include replacement of existing fuel dispenser’s interior and exterior, while also adding remote fueling locations. Complete details are outlined in Exhibits TBD and TBD – Project Specifications and Drawings.

Changes made from the Original Solicitation are:

1. Asphalt mix design was changed from 64-28 to 58-28.

2. Reduction of cylinder testing requirements and removal modulus testing requirements

The Notice to Proceed shall be issued upon contract execution receipt of required insurance and bonds. Work shall begin as soon as practical thereafter, and shall be completed by March 16, Information contained in the Bid Documents shall be the basis for the bids, and nothing shall be deemed to change or supplement this basis except for written revisions to the documents herein and issued by RFTA.

Before submitting a Bid, each Bidder must (a) examine the Bid Documents thoroughly, (b) visit the siteto familiarize themselves with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize themselves with federal, state and local laws, ordinances, rules and regulations that may in any manner affect costs, progress or performance of the Work; (d) study and carefully correlate Bidder's observations with the Contract Documents.

Part II Communications during Solicitation, Offer & Award Period.

All official correspondence from RFTA regarding this solicitation shall be transmitted to and from RFTA’s Procurement Department. From the date of issuance of this solicitation through the date of contract award by RFTA, all official communications to and from RFTA will be transmitted in writing (defined as being sent or received via electronic mail or posted on www.BidNetDirect.com). Oral communications regarding this solicitation shall not be considered official communications. RFTA is not responsible for any oral statements made by its employees regarding this solicitation.

Inquiries, exceptions and/or requests for clarification regarding this solicitation must be submitted to RFTA through the BidNet Direct website, www.bidnetdirect.com by May 15, 2025 5:00PM Written inquiries/exceptions/clarifications received after the submission deadline will not be responded to by RFTA.

http://www.bidnetdirect.com/

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Exceptions to any aspect of the contract must be submitted in writing during the Inquiry period in order to be considered. Exceptions submitted concurrent with a bid may result in the bid being deemed non-responsive, and be disqualified.

RFTA staff will review and evaluate all written inquiries, exceptions and/or requests for clarification received prior to the submission deadline and will post responses to the BidNet website no later May 21, 2025 5:00PM

Part III Changes to the Solicitation

RFTA reserves the right to revise or amend the IFB up to the time set for the submission of bids.

Such revisions or changes, if any, shall be announced by written addendum to the IFB. If an addendum significantly changes the scope of services requested in the IFB, the date set for the submission of bids may be postponed by any number of days as, in RFTA’s opinion that will enable potential Bidders to revise their bids. In any case, the bid submission deadline shall be at least five (5) business days after the last addendum, and the addendum shall include an announcement of the new date and time, if applicable, for the submission of bids.

Addenda will be considered part of the IFB and will prevail over inconsistent or conflicting provisions contained in the original IFB. Addendums shall be posted on the BidNet Direct website.

It is the Bidder’s responsibility to check the BidNet for addenda or updates.

Bidders must acknowledge receipt of all addenda by completing and submitting the Acknowledgement of Addenda as part of the Bid. Bids that fail to reference receipt of addenda on the Acknowledgement of Addenda form may be excluded from consideration for contract award.

Part IV Bid Submission

The submission of a Bid will constitute an incontrovertible representation by the Bidder that he/she has complied with every requirement of these instructions and that the Bid Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

Documents that make up the Bid Package:

1. Statement of Qualifications and Experience, including Certification from Colorado Department of Labor and Employment (CDLE) Division of Oil and Public Safety

(DOPS)

2. Bid Schedule.

Bids must be submitted on the RFTA provided Bid Schedule.

3. Bid Bond. All Technically Qualified Firms submitting bids shall be required to acquire and submit as part of their Bid, a Guarantee Bond equal to 5% of the total value of their bid as required by applicable state or federal law regulating the particular field or

25-041 GMF Fuel Tank Replacement Page 6 of 20 profession. Specific requirements for the Bid Bond are set forth in Article 13.5 of the General Terms and Conditions attached as Part 4 of this solicitation.

4. Additional Forms and Information.

The following information must included in the Bid:

• Bid Submission Checklist

• Forms found in the Exhibit section of this IFB.

• IRS W9 form (download from https://www.irs.gov/pub/irs-pdf/fw9.pdf)

• Certificate of Insurance showing currently levels of the various insurance required in the Construction Contract & General Conditions.

• Colorado Secretary of State Documentation of Good Standing

• Certified Colorado Department of Labor and Employment Division o fOIl and pUblic Safety Contractor

Electronic Submission

The deadline to submit bids is May 27, 2025 10:00AM RFTA will not accept paper, facsimile, or e-mail submissions.

An electronic file in PDF format must be submitted to www.BidNetDirect.com prior to the submission deadline in order to be eligible for evaluation and consideration for contract award.

Name the file “Your Company Name IFB #25-041 Bid Package”.

It is the sole responsibility of the Bidder to ensure that its submission is successfully uploaded by the specified date and time. RFTA will not be responsible for late or lost deliveries of Bids nor will it be held responsible for information technology (“IT”) failures, which result in delaying submittals. RFTA shall not be responsible for rejection of .PDF files that exceed BidNet’s system size limitations for attachments, which are subject to change.

Part V Bid Opening

All bids received shall be publicly opened and read aloud. Interested parties may attend the bid opening via Webex meeting: Join Meeting Here

All bids shall remain open for a period of ninety (90) days, but RFTA may, in its sole discretion, release any Bid and return the Bid Security prior to that date.

Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

https://www.irs.gov/pub/irs-pdf/fw9.pdf https://rfta.webex.com/rfta/j.php?MTID=m583826410618a8f028a4aa916e4dcd9b

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To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five (5) days of a request written evidence of additional information, such as financial data, previous experience, or evidence of authority to conduct business in the state of Colorado.

Part VI Contract Award

RFTA intends to award a contract to the lowest priced, responsible, and responsive Bidder. In order to be eligible for contract award a bid must meet the following criteria:

• The Bid submitted is responsive to the solicitation.

A Bid shall be considered responsive if it conforms in all material aspects to the requirements of the solicitation at the scheduled time of submission. It shall be at the sole discretion of RFTA to determine if a Bid “conforms in all material aspects to the requirements of the solicitation.”

• The Bidder who submitted the bid is a responsible Bidder.

A Bidder shall be considered responsible if they possess, at the time of contract award, the qualifications and ability to perform successfully and a willingness to comply with the terms and conditions of the Pro-Forma Contract. The Bidder is judged, at the sole discretion of RFTA, to be the qualified firm that offers the lowest price to RFTA for the product and services to be provided.

Procurement will submit a Recommendation to Award the contract to RFTA’s CEO for approval.

The CEO may, at his sole discretion, delay consideration of the Recommendation for Contract Award, reject the recommendation and award the contract to another Bidder, or cancel the procurement altogether. If the CEO approves the Recommendation for Award, a Notice of Award shall be sent to the successful Bidder and notification publishes on BidNet Direct.

Part VII Legal

Bidders must familiarize themselves with the legal parameters of doing business with RFTA and the legal terms and conditions of participating in RFTA’s procurement process. By participating in the solicitation process, you agree to the terms and conditions, and legal parameters without change. For more information on RFTA’s Procurement Policy and how it affects doing business with us, Click Here.

Modification of Bids. Bids may not be modified after the deadline for submission unless RFTA specifically requests modification in writing.

Conditional Bids. Conditional bids or bids taking exception to these instructions, the Pro-Forma contract, the Scope of Services or to other RFTA requirements may be considered non-responsive and may be rejected at RFTA’s sole discretion.

Withdrawal of Bid. Bidders may withdraw bids previously submitted to RFTA prior to the time fixed for submission of bids.

https://www.rfta.com/wp-content/uploads/2020/06/rfta-procurement-manual-rev-4-2019.pdf

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Reserved Rights.

1. RFTA reserves the right to reject any and all bids or any portion of a specific bid for any reason. RFTA also reserves the right to award a single or multiple contract as a result of this solicitation; however, issuance of this IFB and receipt of bids does not commit RFTA to award a contract or contracts.

2. RFTA has the sole right to select the successful bid(s) for contract award; to reject any bid as unsatisfactory or non-responsive due to non-conformance with the requirements of this IFB; to cancel the solicitation and to advertise for new bids; to award a contract or contracts to other than the Bidder submitting the apparent lowest bid; or not to award a contract as a result of this IFB.

3. RFTA reserves to right to execute a partial Contract Award.

4. RFTA reserves the right to enter into a contract with any Contractor based upon the initial bid without conducting oral discussions.

5. RFTA reserves the right to accept any bid deemed to be in the best interest of RFTA and to waive any irregularities in any bid that does not prejudice other Bidders. RFTA further reserves the right to negotiate with any source whatsoever. A contract will be negotiated with the Bidder(s) whose bid(s) is considered by RFTA in its sole discretion to be most advantageous to RFTA.

6. RFTA further reserves the rights to retain all bids submitted and to use any ideas or concepts in any bid for any purpose regardless of whether that bid is selected for contract award.

7. Bids shall be submitted to RFTA on the most favorable of terms possible from the standpoint of cost, quality, and technical capability. No Bidder shall have any cause of action against RFTA arising out of the methods by which bids are reviewed.

Notices to Unsuccessful Bidders. The RFTA Procurement Team shall notify unsuccessful Bidders in writing of the results of the bid evaluation process.

Protests. Protests related to this solicitation or resulting contract award must be submitted in writing to the RFTA Procurement Director. For more information, please see RFTA’s Procurement Policy.

Nondiscrimination. RFTA in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

https://www.rfta.com/wp-content/uploads/2020/06/rfta-procurement-manual-rev-4-2019.pdf

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Confidential/Proprietary Information. Bids received in response to this IFB are considered public records and subject to the Colorado Open Records Act (C.R.S. 24-72-201 to 24-72-309). They shall be fully open to public inspection following award of a contract. If a Bidder believes a portion of the information submitted in its bid constitutes a trade secret or proprietary information as defined by Colorado state law, the Bidder may request that RFTA consider keeping confidential the trade secrets or proprietary information and be protected from disclosure.

The Bidder must mark in boldface as “PROPRIETARY TRADE SECRET INFORMATION” at the top and bottom of each page of its bid that contains such information. Notwithstanding the Bidder’s claim of, or designation of information as a trade secret or proprietary information, the determination whether it is or not shall be determined by RFTA under Colorado state law.

Equipment. The Contractor shall at its own expense furnish all labor, supplies, equipment, and machinery necessary to provide the goods and services required by the contract.

Personnel. The Bidder represents that it has, or will secure at its own expense, all personnel required in providing the goods and services under the contract. The Statement of Work or Services as described in the contract shall not be subcontracted or assigned without RFTA’s prior written permission.

Knowledge of Conditions. Each Bidder shall thoroughly examine and be familiar with the General Terms and Conditions, Scope of Services and all conditions and requirements that may in any manner affect the work to be performed under the contract. The submission of a bid shall constitute an acknowledgement that the Bidder has thoroughly examined and is familiar with the General Terms and Conditions, Scope of Services, conditions, and requirements in every detail.

Prime Contractor Responsibilities. The Contractor will be required to assume responsibility for all services offered in its bid regardless of who provides them. Further, RFTA will consider the Contractor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

No Geographic Preference. This procurement will be conducted in a manner that prohibits the use of statutorily or administratively imposed in-State or local geographic preferences in evaluation of bids or award of contracts, except where Federal statutes expressly mandate or encourage geographic preference. This does not preempt State licensing laws.

Conflicts of Interest. RFTA employees and directors are bound by the RFTA Code of Ethics and Standards of Conduct, which were adopted by the RFTA Board of Directors on April 13, 2006.

The RFTA Code of Ethics and Standards of Conduct prohibits RFTA employees and directors engaged in the award and administration of contracts, or any person acting on their behalf, from accepting, directly or indirectly, any gift with a value of more than a nominal amount, including meals or tickets to sporting events, from any person with whom the employee interacts on official RFTA business. Therefore, the Contractor, or its subcontractors or suppliers, may not make gifts or favors to any RFTA employee or director. It is a violation of the RFTA Code of Ethics and Standards of Conduct for any RFTA employee to accept any such gift or favor. By submitting a

25-041 GMF Fuel Tank Replacement Page 10 of 20 bid for award of Contract under this IFB, Bidder certifies, to the best of its knowledge and belief, that it is not aware of any information bearing on the existence of any potential organizational conflict of interest, as defined in the Federal Acquisition Regulation (FAR) Subpart 9.5. If the Bidder cannot so certify, it shall provide a disclosure statement with its bid that describes all relevant information concerning any past, present, or planned interests bearing on whether it (including its chief executives and directors, or any consultant or subcontractor) may have a potential organizational conflict of interest. If RFTA determines that a potential conflict exists, the Bidder shall be excluded from award unless the conflict can be avoided or otherwise resolved through the inclusion of a special Contract provision or other appropriate means.

Tax Exempt. RFTA is exempt from payment of Federal, State, and local taxes, and public improvement fees, and such taxes must not be included in the bid price. RFTA will furnish the Bidder with the necessary tax-exempt certificates.

Contractual Relationships. The Bidder’s contractual responsibility must solely rest with one firm or legal entity, which shall not be a subsidiary or affiliate with limited resources.

RFTA will not be a party to agreements between the Bidder and/or any subcontractors it may choose to employ during fulfillment of the contract; however, the Bidder shall execute fair and reasonable agreements with its subcontractors (if any) and shall provide RFTA with copies of said agreements not later than five (5) business days prior to their execution if requested by RFTA.

Contract Subject to Appropriation. RFTA’s financial obligation under the Contract shall be contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of RFTA for any payment may arise until funds are made available for the Contract by RFTA’s Board of Directors.

Responsibility for Compliance with Legal Requirements. Bidder’s products, goods, services, and facilities shall be in full compliance with any and all applicable federal, state, and local laws, regulations, ordinances, and standards and any standards adopted by nationally recognized testing facilities regardless of whether or not they are referred to in this IFB.

Press Releases. RFTA’s written approval is required prior to any communication with the press or any public disclosure relating to this solicitation or any subsequent awards.

Materials Submitted. All materials submitted shall become the property of RFTA and will not be returned to the Contractor

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Part IX Exhibits

Exhibit A – Bid Submission Checklist

Exhibit B - Bid Submission Form Exhibit C – Additional Bidder Information Form Exhibit D - Acknowledgment of Addenda

Exhibit E – Affidavit of Non-Collusion

Exhibit F – Debarment and Suspension Certification Exhibit G – Conflict of Interest

Exhibit H – Pro Forma Contract

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Exhibit A Submission Checklist

Exhibit A –Submission Checklist

Exhibit B - Bid Submission Form Exhibit C – Additional Bidder Information Form Exhibit D - Acknowledgment of Addenda

Exhibit E – Affidavit of Non-Collusion

Exhibit F – Debarment and Suspension Certification Exhibit G – Conflict of Interest

Internal Revenue Service Form W9 (download from https://www.irs.gov/pub/irs-pdf/fw9.pdf)

Bid Security (with Power of Attorney)

Certificate of Insurance (current amounts)

Colorado Secretary of State Documentation of Good Standing

Sign, date and notarize all forms, as indicated.

https://www.irs.gov/pub/irs-pdf/fw9.pdf

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Exhibit B

Bid Submission Form Company Name: _____________________________ Address: ____________________________________

BID TABULATION

RFTA GMF Fuel Tank Replacement

BID FORM

DIV Description Value 01 General Requirements $ 02 Existing Conditions $ 03 Concrete $ 05 Metals $ 07 Thermal and Moisture Protections $ 26 Electrical $ 27 Communications $ 31 Earthwork $ 32 Exterior Improvements $ 33 Utilities (incl. Fueling Equipment) $ Mobilization $ General Conditions $ Bonds and Insurance $ Contractors Fee $ Construction Contingency Allowance 10% $ Total Construction Bid $

[Signatures on next page]

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Authorized Person: _____________________ Title: _____________________________ Phone Number: _____________________ Email Address: _____________________

Company Authorized Signature

Address Typed/Printed Name

City/State/Zip Code Title

Phone Date

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Exhibit C

ADDITIONAL BIDDER INFORMATION FORM

TO: The Roaring Fork Transportation Authority

_____________________, listed herein hereby submits its offer as indicated below in accordance with the terms of the Notice to Bidders, the Solicitation, the Specifications and Requirements, General Conditions, CDOT required or Recommended Provisions, and all provisions contained in this solicitation. If this Bid is accepted, this document and the referenced Bid documents shall constitute the entire agreement between the parties, and no changes will be recognized unless the parties agree in writing.

Attached, is the Bid for providing construction and related services as outlined in this solicitation.

I have carefully examined the documents have informed myself thoroughly regarding the conditions and requirements of the solicitation. Any additional information that is requested in the IFB is herein.

I. Questionnaire

A. SUBMITTING BUSINESS ENTITY IDENTIFICATION & OWNERSHIP

DISCLOSURE

Company: ___________________________________________________

Contact Person: ___________________________________________________

Title: ___________________________________________________

Address: ___________________________________________________

Telephone No.: ___________________________________________________

Organized under the laws of the State of ___________________________________

Principal place of business located at _____________________________________

Taxpayer Identification Number: _________________________________________

Indicate which of the following apply:

Corporation Partnership

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Sole Proprietor Small Business Disadvantaged Business Enterprise (DBE)

B. OTHER INFORMATION

1. General character of work performed by your firm:

2. Has your firm ever failed to complete any work awarded to you? If yes, explain.

3. Has your firm ever defaulted on a contract? If yes, explain.

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EXHIBIT D

ACKNOWLEDGMENT OF ADDENDA

Acknowledged receipt of each addendum must be clearly established and included with the Bid.

Failure to acknowledge receipt of all addenda may cause the Bid to be considered non-responsive to the solicitation. The signer herein acknowledges receipt of the following addenda to the documents:

Addendum No. Dated Addendum No. _____ Dated Addendum No. _____ Dated Addendum No. _____ Dated Addendum No. _____ Dated Addendum No. _____ Dated Addendum No. _____ Dated Addendum No. _____ Dated

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EXHIBIT E

AFFIDAVIT OF NON-COLLUSION

I hereby swear (or affirm) under penalty of perjury:

1. That I am the Bidder (if the Bidder is an individual), a partner of the Bidder (if the Bidder is a partnership), or an officer or employee of the Bidding corporation, having authority to assign on its behalf (if the Bidder is a corporation); and

2. That the attached Bid or Bids have been arrived at by the Bidder independently, and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other Bidder of materials, supplies, equipment goods or services described in the request for bid, designed to limit independent Bidding or competition; and

3. That the contents of the Bid or Bids have not been communicated by the Bidder or its employees or agents to any person not an employee or agent of the Bidder or its surety on any bond furnished with the bid or bids, and will not be communicated to any such person prior to the official opening of the Bid or Bids; and

4. That no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by __________________________; and

5. That I have fully informed myself regarding the accuracy of the statements made in this affidavit.

______________________________________ hereby certifies that it is/ is not (circle one) included on the United States Comptroller General's consolidated list of persons or firms currently debarred for violations of various public contracts incorporated labor standards provisions.

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EXHIBIT F

DEBARMENT AND SUSPENSION CERTIFICATON

The Proposer certifies, by submission of this Offer, that neither it nor its “principals” as defined at 49 C.F.R. § 29.105(p) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

If the prospective Proposer is unable to certify to the statement above, it shall attach an explanation, and indicate that it has done so, by placing an “X” in the following space:

THE PROPOSERCERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY

OF EACH STATEMENT OF ITS CERTIFICATION AND EXPLANATION, IF ANY. IN

ADDITION, THE PROPOSER UNDERSTANDS AND AGREES THAT THE

PROVISIONS OF 31 U.S.C. §§ 3801 ET. SEQ. APPLIES TO THIS CERTIFICATION

AND EXPLANATION, IF ANY.

Signature of the Proposer’s Authorized Official

Name and Title of the Proposer’s Authorized Official

Date

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EXHIBIT G

CONFLICT OF INTEREST STATEMENT

Proposers shall provide a list of all entities/individual(s) with which it has relationships that create, or would appear to create, a conflict of interest with the work that is contemplated by this solicitation. The list should indicate the name of the entity and/or individual, the relationship to the Proposer, and a discussion of the real and/or apparent conflict.

In addition, please be sure to include descriptions of relationships with any or all RFTA Board Members and employees that create, or may appear to create, any real and/or apparent conflicts of interest. I hereby disclose the following persons, entities, or interests with which there is an interest or involvement that may result in an actual or potential conflict of interest, directly or indirectly:

If none – write in N/A

1. Name:

Relationship to Proposer:

Description of Conflict:

2. Name:

3. Name:

4. Name:

5. Name:

Signature of Proposer’s Authorized Official

Name of Proposer’s Authorized Official

Title of Proposer’s Authorized Official

PROFORMA

CONTRACT BETWEEN THE ROARING FORK TRANSPORTATION AUTHORITY

AND TBD, FOR GLENWOOD MAINTENANCE FACILITY (GMF) FUEL TANK

REPLACEMENT

CONTRACT NO. 25-041

This Contract is made and entered into this ____ day of ____________, by and between __________________________ (hereinafter, “Contractor”), a corporation organized pursuant to the laws of the State of Colorado and the ROARING FORK TRANSPORTATION AUTHORITY (hereinafter, “RFTA” ), a regional transportation authority created pursuant to Section 43-4-601, et seq., C.R.S., as amended, provides that:

RECITALS:

WHEREAS, RFTA desires to engage a qualified and experienced Contractor to replace the GMF Fuel Tanks. All work is described in the Project Specifications and Drawings attached hereto (“Work”); and

WHEREAS, RFTA has chosen a Contractor to provide the Work following a competitive procurement process wherein Solicitation No. 25-041 Invitation to Bid (“IFB”) GMF Fuel Tank Replacement attached as Exhibit C and, was issued, and Contractor submitted a sealed bid in response to the IFB, attached hereto as Exhibit D and incorporated herein; and

WHEREAS, the Contractor has represented to RFTA that it is sufficiently qualified and experienced to provide those services described in the Project Manual and RFTA has relied on such representations.

NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth, RFTA and the Contractor agree as follows:

Contract No. 25-041 Page 2 of 73 Local Funds MS11011

ARTICLE I – WORK; TIME

1.01 The term “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations for the completed construction required by the Contract Documents. The Work may constitute the whole or a part of the project.

1.02 The Contractor agrees to furnish all of the technical, administrative, professional, and other labor, all supplies and materials, equipment, printing, vehicles, local travel, office space and facilities, testing and analyses, calculations, and any other facilities or resources necessary to perform in a workmanlike manner all Work required by the Contract Documents described in Article IV below.

1.03 The Contractor agrees to commence the Work within five (5) days after receipt of the Notice to Proceed and agrees that the Work will be fully completed by not later than ____________, unless the contract time is extended by RFTA as provided in the Contract Documents.

1.04 All aspects of the project shall be fully operational, as defined by the Project Manager and RFTA Operations, by not later than March 16, 2026

1.05 RFTA and the Contractor (hereinafter the “Parties”) agree that, in any section in which the Contractor prepares any document for “the approval of RFTA,” such approval does not mean that RFTA is responsible for the accuracy, thoroughness, or judgment contained in the document. RFTA does not waive the right to hold the Contractor responsible for the accuracy, thoroughness, or judgment expressed in the document, as it is expressly agreed by the Parties that RFTA is relying on the expertise of the Contractor.

ARTICLE II – CONTRACT PRICE AND PAYMENT

2.01 RFTA shall pay the Contractor for performance of the Work, in accordance with the

Contract Documents, the amount(s) shown on the Contractor’s Bid, not to exceed __________________Dollars ($_______.00).

2.02 RFTA shall make payments as set forth in Article 9 of Exhibit A - General Terms and

Conditions, subject to RFTA’s obligation to retain a portion of the payments until final completion and acceptance by RFTA of all Work included in the Contract Documents.

2.03 Prior to final payment, all Work specified by the Contract Documents must be completed.

Payment shall be made only after the procedure specified by Exhibit B - General Terms and Conditions is completed.

2.04 RFTA represents that either an appropriation for the price specified in Article II, paragraph

2.01 of this Contract has been made by RFTA or that sufficient funds have otherwise been made available for the payment of this Contract.

Contract No. 25-041 Page 3 of 73

2.05 This is a Unit Price Contract. The total dollar amount of the Contract as specified herein may only be modified by written agreement of both Parties to the Contract in the form of a Contract Amendment or Change Order as defined in Article 7 of Exhibit B - General Terms and Conditions.

2.06 Notwithstanding anything to the contrary contained in this Contract, no charges shall be made to RFTA nor shall any payment be made to the Contractor in excess of the approved amount for any Work performed without written approval in accordance with a budget adopted by RFTA’s Board of Directors. Moreover, the Parties agree that RFTA is a governmental entity and that all obligations of RFTA beyond the current fiscal year are subject to funds being budgeted and appropriated.

ARTICLE III – CONTRACTOR’S REPRESENTATIONS

3.01 In order to induce RFTA to enter into this Construction Contract, the Contractor makes the following representations:

3.01.1 The Contractor has familiarized itself with the nature and the extent of the Contract Documents, the Work, the location and site of the Work and all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work.

3.01.2 Contractor has carefully studied all physical conditions at the site of the Work and existing facilities affecting cost, progress or performance of the Work.

3.01.3 Contractor has given RFTA written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by RFTA is acceptable to the Contractor.

3.02 Contractor agrees to remedy all defects appearing in the Work or developing in the materials furnished and the workmanship performed under this Contract for a minimum period of one

(1) years or such other time that is specified in the Contract Documents after the date of acceptance of the Work by RFTA, and further agrees to indemnify and save RFTA harmless from any costs encountered in remedying such defects. Contractor shall provide a performance bond that shall remain in effect until all defects are corrected as required by this paragraph.

3.03 Contractor is an independent contractor and nothing herein contained shall constitute or designate the Contractor or any of its employees or agents as agents or employees of RFTA.

ARTICLE IV - CONTRACT DOCUMENTS

4.01 This Contract, together with the Contract documents, represents the entire and integrated agreement between the Parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral.

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4.02 The Contract Documents which comprise the entire Contract between RFTA and the Contractor, are attached to this Contract and made a part hereof, including:

• The Invitation for Bids 20-005 (“IFB, all addenda and supporting documents;

• Contractor’s Bid Bond;

• Contractor’s Bid submitted in response to the IFB;

• Contractor’s Bid Schedule;

• Notice of Intent to Award;

• Notice to Proceed;

• Contract document (RFTA Contract No. 25-041)

• Contract Drawings;

• Contractor’s Performance Bond;

• Contractor’s Payment Bond;

• General Terms and Conditions;

• Special Conditions;

• Contract Amendments;

• Specifications;

• Supporting documents; and

• Change Orders.

4.03 The Contract Documents may only be altered, amended or repealed by a modification, in writing, executed by RFTA and the Contractor.

4.04 In the event of inconsistency between provisions of the Contract Documents, the inconsistency will be resolved by giving precedence in the following order: Contract Amendments; Change Orders; the Contract; _________ for __________________, fully-conformed and inclusive of all addenda to the IFB; and, the Contractor’s Bid in response to the IFB.

ARTICLE V – RFTA REPRESENTATIVES

5.01 RFTA’s representative and, for the purposes of the Contract Documents, the “Project

Inspector” and “Project Manager” are the following, or such other person or firm as RFTA may subsequently designate in writing:

Name: Shane Sorenson, Project Manager Address: 2307 Wulfsohn Road Glenwood Springs, Colorado, 81601 Telephone: (970) 384-4862

Name: Phil Myers, Project Manager Address: 2307 Wulfsohn Road Glenwood Springs, Colorado, 81601 Telephone: (970) 384-1167

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5.02 RFTA’s Consulting Architect, and, for the purpose of the Contract Documents, the “Architect/Engineer” is the following, or such other person or firm as RFTA may subsequently designate in writing:

Company Name: Short Elliot Hendrickson Inc Contact Name: Alex Jauch Address: 2000 S Colorado Blvd Suite 6000

Denver, Co 80222

Telephone: ______________

ARTICLE VI – ASSIGNMENT

6.01 Rights under or interest in the Contract Documents may not be assigned or binding on another party without the written consent of both parties. More specifically, but without limitation, moneys that may become due and are due may not assigned without consent, except if the effect of this restriction may be limited by law and specifically stated to the contrary of written consent. No assignment will release or discharge the Assignor from any duty or responsibility under the Contract Documents. This restriction of assignment includes, without limitation, assignment of the Contractor’s right to payment to its surety or lender.

6.02 It is agreed that this Contract shall be binding on and to the benefit of the Parties hereto, their heirs, executors, administrators, assigns and successors.

ARTICLE VII – GOVERNING LAW AND VENUE

This Contract shall be governed by the laws of the State of Colorado and be deemed entered into in Garfield County, State of Colorado, as the work is being performed in said jurisdiction. At RFTA’s option, the location for settlement of any and all claims, controversies and disputes arising out of or related to this Contract or any breach thereof, whether by alternative dispute resolution or litigation, shall be proper only in Garfield County.

ARTICLE VIII – LIQUIDATED DAMAGES

RFTA and the Contractor recognize that time is of the essence for this Contract and that RFTA will suffer financial loss if the Work is not substantially completed within the time specified in Article I, paragraph 1.02 above, plus any extensions approved by RFTA by written Change Order. The Parties also recognize the delays, expense, and difficulties involved in proving, in a legal or alternative dispute resolution proceeding, the actual loss suffered by RFTA if the Work is not substantially complete on time. Accordingly, rather than requiring any such proof, RFTA and the Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay RFTA in accordance with the 2023, as may be amended, edition of CDOT General Provisions

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Subsection 108.09, Failure to Complete Work on Time, for each day that expires after the time specified in Article I, paragraph 1.03 until the Work is complete. Both Parties agree that this is a reasonable estimate of the damages likely to be suffered by RFTA for late completion of the Work.

If the Contractor shall fail to pay such liquidated damages promptly upon demand therefor, the Surety on the Performance Bond shall pay such damages. Also, RFTA may withhold all or any part of, such liquidated damages from any payment due the Contractor.

ARTICLE IX – MODIFICATIONS

This Contract shall only be modified by written Change Orders or Contract Amendments agreed upon by the Parties, duly issued in form approved by RFTA’s General Counsel and in conformance with the other Contract Documents.

[Remainder of page intentionally blank]

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IN WITNESS WHEREOF, said parties have hereunto set their hand and affixed their seals the day and year above first written.

The person or persons signing and executing this Contract on behalf of each Party do hereby warrant and guarantee that he/she or they have been fully authorized to execute this Contract and to validly and legally bind such Party to all the terms, performances and provisions herein set forth.

CONTRACTOR ROARING FORK

TRANSPORTATION AUTHORITY

By: _____________________________ By: ______________________________

Print name and title Kurt Ravenschlag, Chief Executive Officer

Reviewed By:

David Pesnichak, Chief Operating Officer

Reviewed By:

Department Director Name and Title

Address: Address:

________________ 2307 Wulfsohn Road

Glenwood Springs, CO 81601

APPROVED AS TO FORM AND

LEGALITY

By: __________________________________ Paul J. Taddune, RFTA General Counsel

Reviewed by: _____________________ Tammy Sommerfeld, Director of Procurement

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EXHIBIT A

GENERAL TERMS AND CONDITIONS

TABLE OF CONTENTS

ARTICLE 1 GENERAL PROVISIONS

1.1 Definition

1.2 Execution, Correlation and Intent

1.3 Ownership and Use of Documents

ARTICLE 2 RFTA

2.1 Definition

2.2 Information and Services Required of RFTA

2.3 RFTA’s Right to Stop the Work

2.4 RFTA’s Right to Carry out the Work

ARTICLE 3 CONTRACTOR

3.1 Definition

3.2 Review of Contract Documents and Field Conditions by Contractor

3.3 Supervision and Construction Procedures

3.4 Labor and Materials

3.5 Warranty

3.6 Taxes

3.7 Permits, Fees and Notices

3.8 Allowances

3.9 Superintendent

3.10 Contractor’s Construction Schedule

3.11 Documents and Samples at the Site

3.12 Shop Drawings, Product Data and Samples

3.13 Use of Site

3.14 Cutting and Patching of Work

3.15 Cleaning Up

3.16 Communications

3.17 Royalties and Patents

3.18 Indemnification

3.19 Attorney Fees

ARTICLE 4 ADMINISTRATION OF THE CONTRACT

4.1 Project Manager

4.2 Project Manager’s Administration of the Contract

4.3 Claims and Disputes

4.4 Resolution of Claims and Disputes

ARTICLE 5 SUBCONTRACTORS

5.1 Definition

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5.2 Award of Subcontracts and Other Contracts for Portions of the Work

5.3 Sub-contractual Relations

5.4 Contingent Assignment of Subcontracts

ARTICLE 6 CONSTRUCTION BY RFTA OR BY SEPARATE CONTRACTORS

6.1 RFTA’s Right to Perform Work and to Award Separate Contracts

6.2 Mutual Responsibility

6.3 RFTA’s Right to Clean Up

ARTICLE 7 CHANGES IN THE WORK

7.1 Changes

7.2 Change Orders

7.3 Construction Change Directives

7.4 Minor Changes in the Work

ARTICLE 8 TIME

8.1 Definitions

8.2 Progress and Completion

8.3 Delays and Extensions of Time

ARTICLE 9 PAYMENTS AND COMPLETION

9.1 Contract Sum

9.2 Schedule of Values

9.3 Applications for Payment

9.4 Certificates for Payment

9.5 Decisions to Withhold Certification

9.6 Progress Payments

9.7 Failure of Payment

9.8 Substantial Completion

9.9 Partial Occupancy or Use

9.10 Final Completion and Final Payment

ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY

10.1 Safety Precautions and Programs

10.2 Safety of Persons and Property

10.3 Emergencies

10.4 Use of Explosives, Driving or Removal of Piles, Wrecking, Excavation Work or Other Similar and Potentially Dangerous Work

ARTICLE 11 INSURANCE REQUIREMENTS

11.1 Contractor’s Insurance

11.2 Additional Named Insured

11.3 General Requirements

ARTICLE 12 UNCOVERING AND CORRECTION OF WORK

12.1 Uncovering of Work

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12.2 Correction of Work

12.3 Acceptance of Defective or Non-Conforming Work

ARTICLE 13 MISCELLANEOUS PROVISIONS

13.1 Governing Law

13.2 Successors and Assigns

13.3 Written Notice

13.4 Claims for Damages

13.5 Performance and Payment Bond

13.6 Rights and Remedies

13.7 Tests and Inspections

13.8 Litigation and Work Progress

13.9 Equal Employment Opportunity

13.10 Commercial Driver’s License Substance Screening

13.11 Prohibited Interest

13.12 Covenant Against Contingent Fees

13.13 Liquidated Damages

ARTICLE 14 TERMINATION OF THE CONTRACT

14.1 Termination by the Contractor

14.2 Termination by RFTA for Cause

14.3 Suspension by RFTA for Convenience

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ARTICLE 1 – GENERAL PROVISIONS

1.1 DEFINITIONS

1.1.1 The Roaring Fork Transportation Authority (hereinafter “RFTA”) is a body corporate and political subdivision of the State of Colorado.

1.1.2 The Contract Documents.

1.1.2.1 The Contract Documents consist of the Contract between RFTA and

Contractor (hereinafter “the Contract” or “Contract Documents”), the General Terms and Conditions of the Contract (General, Special, Supplementary and other Conditions), the Drawings, the Specifications, all other Supporting Documents, and all Modifications issued after execution of the Contract, and all other supporting documents listed in or provided with the Contract.

1.1.2.2 A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a Minor Contract Revision for a Minor Change in the Work issued by the Project Manager pursuant to Paragraph 7.4.

1.1.2.3 The Contract Documents also include the following Bidding Documents:

Notice to Bidders; Invitation to Bid with all addenda and other supporting documents; Instructions to Bidders; Bid Proposal; and Bid Bond.

1.1.2.4 The Contract Documents also include the Contractor’s Bid dated April 2, 2025 Notice of Award, Notice to Proceed; Bid Bond; Performance Bond;

Payment Bond; Certificates of Insurance; and Tax-Exempt Certificates.

1.1.2.5 The order of precedence of Contract Documents is as follows:

A. Executed Change Order

B. General Terms and Conditions C. Addenda

D. General Requirements – Project Manual E. Standard Specifications:

i. Referenced Technical Specifications

1.1.3 The Contract. The Contract Documents form the Contract for Construction. This

Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification as defined in Subparagraph 1.1.2.

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1.1.4 The Work. The term “Work” is defined in Section 1.01 and means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations for the completed construction required by the Contract Documents. The Work may constitute the whole or a part of the project.

1.1.5 The Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by RFTA or by separate Contractors.

1.1.6 The Drawings. The Drawings are the graphic and pictorial portions of the Contract

Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams.

1.1.7 The Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards, and workmanship for the Work, and performance of related services.

1.1.8 The Project Specifications. The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, conditions of the Contract, and specifications.

1.1.9 The Project Inspector and Project Manager. RFTA shall authorize and designate a specific individual to administer this Contract on RFTA’s behalf who shall be known as the Project Manager.