Sherwood Loop Overlay

CALL FOR BIDS

Sherwood Loop Overlay

SEALED BIDS will be received by Womer & Associates (Engineer) at the Suite 600 – 221 N

Wall St. Spokane, WA 99201 untill 2:00 p.m., on July 10

, 2023. Bids must be received by the

time indicated and may be mailed or dropped off in person. Bids will be opened by Womer &

Associates, Cade Egbert, and then publicly read aloud for furnishing the following:

Sherwood Loop Overlay will consist of, but not limited to, pre-level HMA, HMA overlay,

reconstruction of roadway, striping, etc.

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

Roads Contract Specialist by the appointed date and time.

The Contract Documents can be obtained from the following locations for the work

contemplated herein:

Standard Printworks

256 W Riverside Ave

Spokane WA 99201.

Project No.: 103-105th

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 Rhonda Thurman at 509-258-7100 for TERO Compliance and License

information.

It shall be the duty of each Bidder to submit his/her bid before the hour and date specified.

Please contact Cade Egbert 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

Documents.

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.

SURETY

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.

GENERAL TERMS

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

consultant.

INDEMNIFICATION

To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the

Owner, Engineer, Engineer’s consultants, and agents and employees of any of them from and

against claims, damages, losses and expenses, including but not limited to attorneys’ fees,

arising out of or resulting from performance of the Work, provided that such claim, damage, loss

or expense is attributable to bodily injury, sickness, disease or death, or to injury to or

destruction of tangible property (other than the Work itself), but only to the extent caused by the

negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly

employed by them or anyone for whose acts they may be liable, regardless of whether or not

such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such

obligation shall not be construed to negate, abridge, or reduce other rights or obligations of

indemnity which would otherwise exist as to a party or person described in this section.

In claims against any person or entity indemnified under this Section by an employee of the

Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for

whose acts they may be liable, the indemnification obligation under this section shall not be

limited by a limitation on amount or type of damages, compensation or benefits payable by or

for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts

or other employee benefit acts.

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 coverage

must 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.

REGULATIONS

All material, equipment and workmanship must comply with UL, OSHA-WISHA, and current

applicable Federal and Tribal Codes and Regulating Agencies.

WAGE RATES

Contractor shall be required to pay the current Davis-Bacon wage scale in effect in this area,

including all fringe benefits or the minimum rates established by the Secretary of Labor,

whichever is greater. All crafts and trades are applicable. (Davis-Bacon Wage Determinations

for Highway Construction-Stevens County.)

For a federal contract in excess of $2,000.00, a contractor is required to pay the Davis-Bacon

wage rates and shall post in a location readily visible to workers at the job site:

A. The wage determination (including any additional classifications and wage rates

conformed) and a Davis-Bacon poster (WH-1321). The Davis-Bacon Poster (WH-1321)

can be obtained at no charge from the office of the Wage and Hour Division.

B. The address and telephone number of the U.S. Department of Labor where a complaint

or inquiry concerning Davis-Bacon wages may be made. (U.S Department of Labor,

Employment and Standards Adminstration, Wage and Hour Division, Branch of

Construction Contract Wage Determination, Washington, D.C. 20210)

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.

NON-DISCRIMINATION

Except to the extent permitted by bona fide occupation qualifications the Contractor agrees as

follows:

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

this contract.

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.

CANCELLATION

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.

REQUIRED STATEMENTS (to be included with separate bid paperwork)

a) Describe any plans to “partner” with another vendor to meet implementation needs. If

your approach includes the use of one or more additional vendors or sub-contractors,

please provide a detailed explanation of their role on the project. In addition, if your

response to the technical and functional requirements and associated product

demonstration is dependent upon a product offered by another vendor partner, please

be advised that a single, joint response should be submitted for this RFB.

b) Additional vendors, subcontractors and/or any assignee or transferee must be able to

adhere to the same agreements (e.g., not transmitting tribal data outside of the United

States) required of your company.

c) The vendor should provide an affirmative statement that it is independent of the

SPOKANE TRIBE OF INDIANS.

d) The vendor should also list and describe the (or proposed subcontractor's) professional

relationships involving the SPOKANE TRIBE OF INDIANS or any of its units for the past

(5) years together with a statement explaining why such relationships do not constitute a

conflict of interest relative to performing the requested services.

e) In addition, the vendor shall give the SPOKANE TRIBE OF INDIANS written notice of

any professional relationships entered into during the period of this agreement.

f) If the vendor is a joint venture or consortium, the qualification of each company

comprising the joint venture or consortium should be separately identified and the

company that is to serve as the principal should be noted if applicable.

g) The vendor should identify the principal supervisory and management staff, including

engagement partners, managers, other supervisors and specialists, who would be

assigned to the engagement and indicate whether each such person is licensed to

practice or provide this type of service in the state of Washington. Assurances must be

made to the Spokane Tribe that the staff listed will be the actual staff performing the

services to be provided. Any staff changes must be requested and approved by the

Spokane Tribe through a written request.

h) If subcontractors are to be used, that fact, and the name of the proposed subcontracting

company must be clearly identified in the bid. Following the award of the contract, no

additional subcontracting will be allowed without the express prior written consent of the

SPOKANE TRIBE OF INDIANS.

i) Vendor shall disclose information relating to conflicts or potential conflicts of interest.