Ford-Wellpinit Road Detached Sidewalk
Bid Date4/23/19 5:00 pm
Company & Contacts
Womer & Associates
Ford-Wellpinit Road Detached Sidewalk
SEALED BIDS will be received by Womer & Associates (Engineer) at Suite 600 – 221 N Wall
St, Spokane WA 99201 until 2:00 p.m., on April 23, 2019. Bids must be received by the time
indicated and may be mailed or dropped off in person. Bids will be opened privately for
furnishing the following:
Site work will consist of, but not limitied to, grading, paving asphalt path, installation of
storm pipe, retaining wall, lights, crosswalk signs, and concrete curbs.
A contract according to the General Specifications, Special Conditions, Special Provisions, and
Technical Specifications shall be signed prior to work commencing. Each bid must be
accompanied by a cashier’s check, money order, or surety bid bond, in an amount not less than
five percent (5%) of the total bid made payable to the Owner.
It will be the sole responsibility of the bidders to ensure that the bids are in possession of the
Tribe by the appointed date and time.
The Contract Documents can be obtained from the following locations for the work
256 W Riverside Ave
Spokane WA 99201.
Project No.: 103-051
THE SPOKANE TRIBE OF INDIANS RESERVES:
1. The right to reject any or all quotes, to serve in the best interest of the Spokane Tribe.
2. STOI may cancel this RFP at any time for any reason. STOI may reject any and/or all
proposals for any reason as determined by STOI.
3. The right to negotiate with all or one respondent when such action is deemed to be in the
best interest of the Spokane Tribe.
4. The right to cancel any agreement, if in its opinion there is a failure at any time to perform
adequately the stipulations of the Scope of Work, or if there is any attempt to willfully
impose upon the Spokane Tribe services which are in the opinion of the Spokane Tribe
of an unacceptable quality.
The Owner shall review bids and determine if bids are responsive or non-responsive. Bids not
meeting all of the requirements of the bidding documents and bids containing errors or
omissions will be deemed non-responsive.
The Tribe encourages Disadvantaged Business Enterprises and Indian-Owned Business
Enterprises to participate in the competitive bidding process.
1. TERO requirements apply:
a. Bid shall include a TERO fee, which is 5% of total bid amount. All contractors
and subcontractors are required to obtain a Spokane Tribal Contractors
License. The license fee is $100.00.
b. Bid shall also include Pre-Bid Orientation form from TERO.
c. Call Joni Wynecoop at 509-458-6529 for TERO Compliance and License
It shall be the duty of each Bidder to submit his/her bid before the hour and date specified.
Please contact Mark Morrison at 509-534-4884 for questions regarding this bid.
GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS
COPIES OF BID DOCUMENTS
Complete sets of the Bid Documents may be obtained as stated in the Invitation to Bid.
Complete sets of Bid Documents shall be used in preparing bids. The Owner assumes no
responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid
The Tribe, in making copies of Bid Documents available on the above terms, does so only for
the purpose of obtaining bids and does not confer a license or grant for any other use.
EXAMINATION OF BID DOCUMENTS
Before submitting a bid, each bidder must examine the Bid Documents thoroughly. The
submission of a bid will constitute a representation by the bidder that he has complied with
these requirements and that the Bid Documents are sufficient in scope and detail to indicate
and convey understanding of all terms and conditions for performance.
Sureties that execute the bonds required by these documents including bid bonds and
performance and payment bonds shall be licensed to conduct business in the State of
Washington and be named in the current list of “Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as
published in Circular 570 (Amended) by the Audit Staff Bureau of Accounts, U.S. Treasury
Department. All bonds signed by an agent must be accompanied by a certified copy of the
Authority to Act.
CONTRACT EXECUTION AND BONDS
A cashier’s check, money order or surety bid bond, in an amount not less than 5% of the total
bid, shall be submitted with the Bid. The Bidder agrees that if this Bid is accepted, he/she will,
at that time, deliver to the Owner a 100% Performance Bond and a 100% Payment Bond and
will, to the extent of his Bid, furnish all materials, equipment, machinery, tools, apparatus, labor
services, and other means of construction and do the work and furnish all the materials
necessary to complete all work as indicated in the Specifications.
SIGNING OF CONTRACT
When the Owner gives a Notice of Award to the successful Bidder, it will be accompanied by at
least three unsigned counterparts of the contract and all other Contract Documents. Within ten
(10) days thereafter the Contractor shall sign and deliver at least three counterparts of the
contract to the Owner with all other Contract Documents attached including bonds and
insurance certificates as specified. Within five (5) days following the next Owner meeting, the
Owner will deliver one fully signed counterpart to the Contractor.
PATENT FEES AND ROYALTIES
The Contractor shall pay any license fees or royalties and assume all costs incident to the use
of incorporation of any invention, design, process, product or devise which is the subject of
patent rights or copy rights held by others. The Contractor shall indemnify and hold harmless
the Owner from and against all claims arising out of any infringement of patent rights or
copyrights resulting from the use or incorporation of any invention, design, process, product or
device in supplying the equipment called for in the documents.
All equipment furnished shall be manufacturer’s latest model. Attachments (appurtenances)
and/or accessories not herein mentioned, but necessary to furnish a complete unit ready for
use upon delivery, shall be included in the bid and conform in design, strength, quality of
material and workmanship to what is usually provided by the trade in general. The unit
furnished shall be the current model under standard production by the manufacturer. All unit
components shall be designed for heavy duty operation. Materials shall have physical and
chemical properties compatible with the intended service and with sufficient excess capacity for
durability and safety. It shall be required that the Contractor and all subcontractors comply with
the “Buy American” requirements.
INSPECTION AND ACCEPTANCE
Inspection and acceptance shall be made by the Engineer and/or Owner’s inspection
The Contractor shall defend, indemnify, and hold harmless the Owner, its elected and
appointed officials, the Engineer, his Agents, Officers and employees from and against any and
all suits, actions, legal or administrative proceedings, claims, demands, damages, losses,
penalties, fines, costs, and expenses of whatsoever kind or character, including, but not limited to, attorneys’ fees and expenses, whether for bodily injury, sickness, disease or death, or to
injury to or destruction of property, including the loss of use resulting therefrom, arising out of or
in any manner caused or occasioned or claimed to be caused or occasioned by any act, error,
omission, fault, or negligence of Contractor or any person or entity employed by or acting on his
behalf, including, but not limited to, Subcontractors and vendors, their Subcontractors and
subvendors, and the employees and agents of any of the foregoing, in connection with or
incident to this Contract or the work to be performed hereunder, except were caused by the
sole negligence of the indemnitee, unless otherwise specifically provided in this section. For
suits, actions, legal or administrative proceedings, claims, demands, damages, losses,
penalties, fines, costs, and expenses caused by or resulting from the concurrent negligence of
the Owner and The Engineer or the Owner’s or Engineer’s agents or employees and the
Contractor or the contractor’s agents or employees, in situations where liability for damages
arises from claims or bodily injury to persons or damage to property, the preceding indemnity
provision shall be valid and enforceable only to the extent of the Contractor’s negligence.
The obligation of the Contractor under this Article shall not extend to the liability of the Owner
and his agents or employees arising out of the preparation or approval of maps, drawings,
reports, surveys, Change Orders, designs, or specifications.
Contractor acknowledges that by entering into a contract with Owner, he has mutually
negotiated the above indemnity provisions with the Owner.
Contractor’s indemnity and defense obligations shall survive the termination or completion of
the Contract and remain in full force and effect until satisfied in full.
CERTIFICATES OF INSURANCE
The successful bidder shall provide an insurance policy with coverages that meet all terms and
conditions of the contract bid and/or award. Any exclusions must be preapproved by the Tribe.
The successful bidder shall provide, maintain and pay for general commercial liability and
property damage insurance from an insurance company or companies approved by the Tribe
and licensed in the state of Washington at all times during the term of this Agreement. Said
insurance will meet the minimum Best “A-” rating standard and shall protect against claims for
personal injuries, including accidental death, as well as claims for property damage which may
arise from any act or omission of the Contractor or Subcontractor(s), or by anyone directly or
indirectly employed by either of them. The policy (policies) of insurance shall specifically name
the Owner, its officers, agents and employees, and any other entity specifically required by the
provisions of The Agreement, as an additional insured for all coverages provided.
A. Required Coverages: The insurance shall provide the minimum coverages set forth in
the attached Sample Contract.
Providing coverages in the required amounts shall not be construed to relieve the Contractor
from liability in excess of such limits.
B. Builder’s Risk Insurance: Each Contractor shall be responsible for the safety of their
work and materials until completed work is accepted by Owner authorized personnel.
Adequate builder’s all risk insurance, including but not limited to fire insurance coveragemust be carried by the Contractor. The Owner reserves the right to review and approve
all insurance carriers and companies providing insurance.
C. Proof of Insurance: The Contractor shall not commence work, nor shall the Contractor
allow any subcontractor to commence work on any subcontract until a COPY OF
INSURANCE POLICY of Comprehensive General Liability Insurance, meeting the
requirements set forth above, has been filled with and approved by the Owner. Said
proof of insurance should be mailed to the Owner’s Representative, along with delivery
of the Agreement executed by the Contractor. Upon request, the Contractor shall
forward to the Owner’s Representative the original policy, or endorsement obtained, to
the Contractor’s policy currently in force. The policy or policies of insurance shall not be
canceled, materially altered, or renewed without thirty (30) days prior notice submitted to
the Owner’s Representative.
D. Failure of Coverage: Failure of the Contractor to return a copy of the insurance policy
as required shall result in forfeiture of the Contractor’s bid bond or deposit, and the
Owner may award the Agreement to the next lowest responsible bidder. Failure of the
Contractor to fully comply with the above insurance requirements during the term or the
Agreement shall be considered a material breach of contract and cause for immediate
termination of the Agreement at the Owner’s discretion. Alternatively the Owner may
procure and maintain, at the Contractor’s sole expense, insurance to the extent deemed
proper up to the amount of the required coverage(s). The Owner may offset the cost of
such insurance against payment due to the Contractor under this Agreement.
E. Endorsements: The Owner will be named ADDITIONAL INSURED for all coverages
provided by this policy of insurance and shall be fully and completely protected by this
policy from all claims.
All material, equipment and workmanship must comply with UL, OSHA-WISHA, and current
applicable Federal and Tribal Codes and Regulating Agencies.
This project is subject to the state hourly minimum rates for wages and fringe benefits in the
contract provisions, as provided by the state Department of Labor and Industries. The following
list of occupations, is comprised of those occupations that are not normally used in the
construction of heavy and highway projects.
When considering job classifications for use and / or payment when bidding on, or building
heavy and highway construction projects for, or administered by WSDOT, these Occupations
will be excepted from the included “Washington State Prevailing Wage Rates For Public Work
RELATIONSHIP OF THE PARTIES
The parties intend that an independent relationship will be created by this Agreement. The
Tribe is interested only in the results to be achieved and the conduct and control of all services
of work will lie solely with the Contractor. No agent, employee, servant or otherwise of the Contractor shall be or shall be deemed to be an employee, agent, servant or otherwise of the
Tribe for any purpose. The Contractor will be solely and entirely responsible for its acts and for
the acts of its agents, employees, servants, subcontractors, or otherwise during the
performance of his contract. In the performance of the services herein contemplated, the
Contractor is an independent contractor with the authority to control and direct the performance
and details of the work, the Tribe being interested only in the results obtained; however, the
work contemplated herein must meet the approval of the Tribe pursuant to the provisions of the
Agreement under which the services and work were let to the Contractor.
Except to the extent permitted by bona fide occupation qualifications the Contractor agrees as
A. The Contractor will not discriminate against any employees or applicant for employment
because of race, creed, color, national origin, sex or age. The Contractor will insure that
applicants are employed and that employees are treated during employment without
regard to their race, creed, color, national origin, sex or age. The words “Equal
Opportunity Employer” in advertisements shall constitute compliance with this section.
B. The Contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice
advising the said labor union worker’s representative of the Contractor’s commitments
under this section.
C. The Contractor will include the provisions of the foregoing paragraphs in every
subcontract or purchase order for the goods or services which are the subject matter of
In the event of noncompliance by the Contractor with any of the non-discrimination policies of
the contract, the contracting agency shall have the right, at its option, to cancel the contract in
whole or in part. If the contract is canceled after partial performance, the contracting agency
shall be obligated to pay the fair market value or the contract price, whichever is lower, for
goods or services which have been received and accepted.
This contract may be canceled by the Owner upon seven (7) days written notice. Cancellation
is at no additional cost or penalty to the Owner.