EDA#05-01-06143_Ute Mountain Ute Tribe RFP for Fiber Construction and Materials, Cortez to Towaoc.pdf

3/25/2024 Ute Mountain Ute Tribe

CONTRACT

DOCUMENTS

Cortez to Towaoc Middle Mile

Fiber Construction and

Materials

EDA AWARD # 05-01-06143

Owner’s Representative:

Lee Trabaudo Ute Mountain Ute Tribe 125 Mike Wash Road Towaoc, CO 81334 ltrabaudo@utemountainute.org

Engineer’s Representative Chris Stebner NEO Connect PO Box 2664 Glenwood Springs, CO 81602 Chris@NEOconnect.us

EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies

SECTION INDEX

Description

Invitation to Bid Instructions to Bidders Bonding and Insurance Requirements Bid Form Bid Schedule Subcontractor and Supplier List Bid Bond Agreement Between Owner and Contractor Notice of Award Notice to Proceed Performance Bond Payment Bond Standard General Conditions Supplementary Conditions Prevailing Wage Law, Davis Bacon Certification of Bidder Regarding Equal Employment Opportunity Certificate of Contemplated Minority, Women, and Section 3 Hires EDA Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity EDA Site Sign Specifications Certification Regarding Lobbying Lower Tier Covered Transactions (Form CD-512) EDA Contracting Provisions for Construction Projects

Construction Drawings (Attached Separately) Technical Specifications (Attached Separately) Environmental Assessment, Desktop Review (Attached Separately) Environmental Assessment, Biological Report (Attached Separately)

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies

Invitation to Bid The Ute Mountain Ute Tribe is soliciting competitive Sealed Bids from qualified Fiber optic Construction companies to provide materials and construction labor for construction of a Middle Mile fiber network from a communications hut located at G.2 Road, south of Cortez, Colorado to the Public Works Building in Towaoc.

EDA Award Number: 05-01-06143

Introduction The Ute Mountain Ute Tribe (“UMUT” or “Tribe”) is a Federally Recognized Tribe located in the Four Corners region of the United States. The majority of the reservation consist of lands about 553,008 acres in Montezuma and La Plata Counties, Colorado and San Juan County, New Mexico. The Ute Mountain Ute Reservation is a Sovereign Nation. Currently the reservations have approximately 2,000+ residents.

The Tribe’s broadband consultant and Engineer, NEO Fiber, Inc., doing business as NEO Connect (“NEO”) has assisted the Tribe in securing several broadband grants for the deployment of middle-mile and last-mile fiber optic networks. NEO has been retained by the Tribe to provide construction oversight and project management services for implementation of the Tribe’s broadband grants.

The UMUT is accepting Bids for fiber optic network materials and construction services for the expansion of its broadband network until May 2, 2024 at 3:00 p.m. MT. The Tribe has received a grant from the Economic Development Administration to build middle mile fiber from the communication hut located at G.2 Road, south of Cortez, Colorado to the entrance into Towaoc and then to the Public Works building in Towaoc (“Project”).

The Tribal representative for this project is:

Lee Trabaudo Broadband Project Manager 125 Mike Wash Road Towaoc, CO 81334 970-749-6129 ltrabaudo@utemountainute.org

The method of selecting the Contractor will be through this open, competitive bid process. The intention is to select a single Contractor for the Project, with a stipulated or fixed sum. The stipulated or fixed sum shall include all labor and materials needed to build the Project.

The deadline for submission for this RFB is May 2th 2024 by 3:00 p.m. Bids shall be emailed to Lee Trabaudo (ltrabaudo@utemountain.org) and to Chris Stebner (Chris@NEOconnect.us).

Bids will be privately opened. Bidder shall furnish an affidavit and documentation affirming their company is enrolled in and participates in E-verify and an affidavit stating the business does not mailto:ltrabaudo@utemountainute.org mailto:ltrabaudo@utemountain.org mailto:diane@NEOconnect.us

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies knowingly employ illegal aliens. The successful Bidder shall comply with certain insurance requirements as specified in the bid documents. The Tribe reserves the right to reject any and all bids. The bid will be awarded to the lowest, responsive, responsible bidder.

Bidding documents may be obtained in electronic format from BidNet. Offerors are requested to register with the Rocky Mountain E- Purchasing System (http://www.bidnetdirect.com/colorado/utemountainutetribe) to receive notices and addendums to this RFB. All Bidding Documents will be issued through this platform.

This project will be partially funded with Federal funds from the US Department of Commerce, Economic Development Administration and therefore is subject to Federal laws and regulations associated with that program, including Federal Davis Bacon Fair Labor Act Prevailing Wage Rates and Procedures. In addition, Colorado Prevailing Wage Laws, Rates and Procedures are also required, whichever is greater, as applicable.

Bidding Procedures:

This project will consist of a base bid. The Base Bid consists of the labor and materials to build a middle mile fiber optic network from the communications hut located on G.2 Road, located south of Cortez to the Public Works Building in Towaoc, Colorado.

Questions regarding this information may be directed to Chris Stebner, via email at chris@NEOconnect.us about the meaning or intent of the Bidding Documents no later than April 16, 2024 at 3 p.m. MT in writing.

A NON-MANDATORY PRE-BID CONFERENCE is scheduled for 11:00 AM MT, on April 9, 2024 on a ZOOM Meeting hosted by NEO Connect. Attendance at the pre-bid conference is encouraged but not required. To attend the Pre-Bid Conference, please email Doug Flentge at doug@NEOconnect.us no later than April 6th at noon M.T. Zoom details and call-in information will be provided.

Attention of bidders is particularly called to the requirements as to conditions of employment to be observed and Davis Bacon and/or State Prevailing wage rates to be paid under the contract, Segregated Facility, Section 109, and E.O. 11246. MBE, WBE, and Section 3-DBE bidders are encouraged to bid.

The Owner hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, businesses owned and controlled by socially and economically disadvantaged individuals will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, creed, sex, age, ancestry or national origin in consideration for an award.

A certified cashier’s check or a bid bond in the amount of 5% shall be submitted with each bid. Surety companies must be listed on circular 570.

http://www.bidnetdirect.com/colorado mailto:chris@NEOconnect.us mailto:doug@NEOconnect.us

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

Invitation to Bid

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Liquidated damages

Article 11— Substitute and “Or Equal” Items

Article 12— Subcontractors, Suppliers, and Others

Article 13— Preparation of Bid

Article 14— Basis of Bid

Article 15— Submittal of Bid

Article 16— Modification and Withdrawal of Bid

Article 17— Opening of Bids

Article 18— Bids to Remain Subject to Acceptance

Article 19— Evaluation of Bids and Award of Contract

Article 20— Bonds and Insurance

Article 21— Signing of Agreement

Article 22— Sales and Use Taxes

Article 23— Prevailing Wage Rate

Article 24— Laws and Regulations

Article 25— Safety Standards and Accident Preventon

Article 26— Federal Participation Disclosure

Article 27— Buy America

Article 28— Liquid Damages for Failure to Enter into a Contract

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies

ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office—The Ute Mountain Ute Tribe is using the online platform, the Rocky Mountain E-Purchasing System. Offerors are requested to register with the Rocky Mountain E- Purchasing System (http://www.bidnetdirect.com/colorado/utemountainutetribe) to receive notices and addendums to this RFB. All Bidding Document will be issued through this platform.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Owner is using the online platform, the Rocky Mountain E-Purchasing System or BidNet for this procurement process, indicated in the Advertisement or invitation to bid.

2.04 Owner recommends that Bidder register as a plan holder with the Rocky Mountain E-Purchasing System or “Bidnet” (http://www.bidnetdirect.com/colorado/utemountainutetribe), and obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from BidNet are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

2.05 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader Version 2017 or later. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

http://www.bidnetdirect.com/colorado

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.04.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work:

A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments.

B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract.

C. Bidder’s state or other contractor license number, if applicable.

D. Subcontractor and Supplier qualification information.

E. Other required information regarding qualifications.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

ARTICLE 4—PRE-BID CONFERENCE

4.01 A pre-bid conference for the Project will be held on April 9, 2024 at 11:00 AM MST on a ZOOM Meeting hosted by NEO Connect. Attendance at the pre-bid conference is encouraged but not required. To attend the Pre-Bid Conference, please email Doug Flentge at doug@NEOconnect.us no later than April 6th at noon M.T. Zoom details and call-in information will be provided.

4.02 Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference; however, attendance at this conference is not required to submit a Bid.

4.03 Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions mailto:doug@NEOconnect.us

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

c. Reports and drawings known to Owner relating to Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

5.03 Other Site-related Documents

A. In addition to the documents regarding existing Site conditions referred to in Paragraph 5.02.A, the following other documents relating to conditions at or adjacent to the Site are known to Owner and made available to Bidders for reference:

1. Design and Construction Package

2. Environmental Assessment, Desktop Review_07-14-2021

3. Environmental Assessment, Biological Report_06-2021

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies

Owner will make copies of these other Site-related documents available to any Bidder on request.

B. Owner has not verified the contents of these other Site-related documents, and Bidder may not rely on the accuracy of any data or information in such documents. Bidder is responsible for any interpretation or conclusion Bidder draws from the other Site-related documents.

C. The other Site-related documents are not part of the Contract Documents.

D. Bidders are encouraged to review the other Site-related documents, but Bidders will not be held accountable for any data or information in such documents. The requirement to review and take responsibility for documentary Site information is limited to information in (1) the Contract Documents and (2) the Technical Data.

5.04 Site Visit and Testing by Bidders

A. Bidder is not required but may request to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.

B. A Site visit can be scheduled following the pre-bid conference. Maps to the Site will be available at the pre-Bid conference.

C. Bidders visiting the Site are required to arrange their own transportation to the Site.

D. All access to the Site other than during a regularly scheduled Site visit must be coordinated through Lee Trabaudo for visiting the Site. Bidder must conduct the required Site visit during normal working hours.

E. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

F. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.

G. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

H. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

5.05 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies

5.06 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

7.02 Bidder shall submit all questions to Chris Stebner, via email at chris@NEOconnect.us about the meaning or intent of the Bidding Documents no later than April 16, 2024 at 3 p.m. MT in writing.

7.03 Interpretations or clarifications considered necessary by either the Owner or Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder mailto:chris@NEOconnect.us

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening.

8.05 The bid security must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.

ARTICLE 9—CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

ARTICLE 10—LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 11—SUBSTITUTE AND “OR EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

11.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 12—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 Bidder must submit to Owner a list of the Subcontractors or Suppliers proposed for any portions of the Work in its proposal.

12.02 Such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies

Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

12.03 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers.

Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

ARTICLE 13—PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

13.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

13.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

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

13.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

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

13.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

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13.08 All names must be printed in ink below the signatures.

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

13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown.

13.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

13.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

ARTICLE 14—BASIS OF BID

14.01 Lump Sum

A. Bidders must submit a Bid on a lump sum basis as set forth in the Bid Form. The Bid shall be supported by an itemized Bill of Materials, identifying the materials and labor per unit costs, the total number of units and the final Bid total. Identify any other costs required for the lump sum basis.

14.02 Base Bid with Alternates

A. Bidders must submit a Bid on a lump sum basis for the base Bid and include a separate price for each alternate described in the Bidding Documents and as provided for in the Bid Form.

The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form.

ARTICLE 15—SUBMITTAL OF BID

15.01 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the Advertisement. The Bid can also be emailed to Lee Trabaudo with a copy to Chris Stebner as noted above. If the Bid is emailed, please include the notation “BID ENCLOSED” in the subject line of the email.

15.02 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

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ARTICLE 16—MODIFICATION AND WITHDRAWAL OF BID

16.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and the Bid security, if required, will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 17—OPENING OF BIDS

17.01 Bids will be opened privately.

ARTICLE 18—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 19—EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

19.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

19.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

19.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid.

19.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner will announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but prior to opening

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award.

19.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

19.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 20—BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

20.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.

ARTICLE 21—SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful

21.02 Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 22—SALES AND USE TAXES

22.01 Owner is exempt from Colorado state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes must not be included in the Bid. Refer to Paragraph SC-7.10 of the Supplementary Conditions for additional information.

ARTICLE 23—PREVAILING WAGE RATE

23.01 Wage Rates paid on construction work for this project shall be at least equal to the prevailing wage rates as determined by the Department of Labor and Industrial Relations of Colorado.

ARTICLE 24— LAWS AND REGULATIONS

24.01 The bidder’s attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

ARTICLE 25—SAFETY STANDARDS AND ACCIDENT PREVENTON

25.01 With respect to all work performed under this contract the contractor shall:

A. Comply with the safety standards provisions of applicable laws, building and construction codes, and the “Manual of Accident Prevention in Construction” published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596), and the requirements of Title 29 of the Code of Federal Regulations, Section 1518 as published in the “Federal Register”, Volume 36, No.

75, Saturday, April17, 1971.

B. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. Maintain at his office or other well-known place at the job site, all articles necessary for giving first aid to the injured, and shall make arrangements for the immediate removal to a hospital or a doctor’s care of persons (including employees), who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor’s care.

C. Bidders are informed that the Project is subject to the requirements of Occupational Safety and Health Administration (“OSHA”), which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to complete, a ten

(10) hour course in construction safety and health. The training must be completed within sixty (60) days of the date of work on the Project commences. On-site employees found on the worksite without the documentation of the required training shall have twenty (20) days to produce such documentation.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies

ARTICLE 26—FEDERAL PARTICIPATION DISCLOSURE

26.01 This project will be partially funded with Federal funds from the United States Department of Commerce, Economic Development Administration and therefore is subject to the Federal laws and regulations associated with that program.

ARTICLE 27—BUY AMERICA

27.01 Equipment or products to be purchased with EDA award funds must be America made, to the maximum extent possible, in accordance with Public Law 103-121, Sections 606 (a) and (b).

ARTICLE 28—LIQUID DAMAGES FOR FAILURE TO ENTER INTO A CONTRACT

28.01 The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within 15 days after he received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies

BONDING AND INSURANCE REQUIREMENTS

A state or local unit of government receiving a grant from the Federal government, which requires contracting for construction or facility improvement, shall follow its own requirements relating to bid guarantees, and performance and payment bonds, except for contracts or subcontracts exceeding $100,000. For contracts or subcontracts exceeding $100,000, the Federal agency may accept the bonding policy and requirements of the grantee provided the Federal agency has made a determination that the Government's interest is adequately protected. If such a determination has not been made, the minimum requirements shall be as follows:

A bid guarantee from each bidder equivalent to five percent of the bid price. The bid guarantee shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified.

A performance bond on the part of the contractor for 100 percent of the contract price. A performance bond is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.

A payment bond on the part of the contractor for 100 percent of the contract price. A payment bond is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

INSURANCE. The following provisions shall apply to each offeror who submits a Proposal in response to this RFP. In order to commence work and receive compensation pursuant to an awarded contract, the terms of this paragraph must be satisfied prior to the commencement of work. Each offeror shall procure and maintain, until all of its obligations under any awarded contract have been fully discharged, including all applicable warranty periods, all insurance required under this paragraph. The insurance requirements set forth herein are minimum requirements for any awarded contract and in no way limit the indemnity covenants contained in any awarded contract. The Tribal Council in no way warrants that the minimum limits contained herein are sufficient to protect an offeror from liabilities that might arise out of the performance of the work under any awarded contract by that offeror, its agents, directors, employees, officers, representatives, or subcontractor(s) and the offeror is free to purchase additional insurance as it may deem necessary.

Minimum Types and Limits of Insurance: Each offeror shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis.

Commercial General Liability- Occurrence Form The policy shall be endorsed to include the following “Additional Insured” language: “Public Entity, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers shall be named as ‘Additional Insureds’ with respect to liability arising out of the activities performed by, or on behalf of [name of offeror].”

Minimum Limits:

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General Aggregate $2,000,000

Products/ Completed Operations Aggregate $2,000,000 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000

Automobile Liability (This insurance may be waived if the awarded contract does not involve the use of any motor vehicle to perform any of the work under that awarded contract)

Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of any awarded contract.

Bodily Injury/Property Damage (Each Accident)

$1,000,000

Worker’s Compensation and Employers’ Liability

Coverage A (Workers’ Compensation)

Statutory

Coverage B (Employers Liability) $100,000 $100,000 $500,000

Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for professional services required by any awarded contract.

In the event that the professional liability insurance required by any awarded contract is written on a claims-made basis, each offeror warrants that: any retroactive date under that policy shall precede the effective date of any awarded contract; and, either continuous coverage shall be maintained or an extended discovery period shall be exercised for a period of two (2) years beginning at the time work under any contract is completed.

Each Loss $1,000,000 Aggregate $2,000,000

Additional Insurance Requirements: The policies shall include, or be endorsed to include, the following provisions:

On insurance policies where the Public Entity is named as an “Additional Insured”, the Public Entity shall be an “Additional Insured” to the full limits of liability purchased by that offeror even if those limits of liability are in excess of those required by any awarded contract.

Each offeror’s insurance coverage shall be primary insurance and non-contributory with respect to all other available sources of insurance. For the provisions of Commercial General Liability and Automobile Liability set forth above, the insurance policy must include contractual liability coverage.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies

All insurance required by this paragraph shall be issued by companies authorized to do business in the state of Colorado and written on forms satisfactory to, filed with, and approved by the Colorado Division of Insurance within the Colorado Department of Regulatory Agencies.

Notice of Cancellation: Each insurance policy required by the insurance provisions of this paragraph shall provide the required coverage and shall not be suspended, voided, or canceled except after thirty

(30) days prior written notice has been given to the Tribal Council. If cancellation is due to the nonpayment of premiums, then ten (10) days prior written notice may be given.

Verification of Coverage: Each offeror shall furnish the Tribal Council with certification of insurance (ACORD form or equivalent approved by the Tribal Council as required by this paragraph).

The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

All certificates and endorsements are to be received and approved by the Tribal Council before work commences. Each insurance policy required by this paragraph must be in effect at or prior to the commencement of work under any awarded contract and remain in effect for the duration of that contract and for two (2) years after the completion date of that contract, or any extension or renewal thereof.

Failure to maintain the insurance policies as required by this paragraph, or to provide evidence of renewal, is a material breach of this paragraph.

The Tribal Council reserves the right to require complete, certified copies of all insurance policies required by any awarded contract any time.

Approval: Any modification or variation from the insurance requirements in this paragraph shall be made by the Procurement Department, after consultation with the Risk Manager or County Attorney’s Office. Such action shall not require a formal written bilateral amendment, but may be made by administrative action.

EJCDC® C-410, Bid Form for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BID FORM FOR CONSTRUCTION CONTRACT

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

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to: Ute Mountain Ute Tribe, 125 Mike…