FBRW Subsequent Users and System Improvements

The scope of WORK generally consists of mobilization and furnishing of all labor, equipment, and all work required to install 1" POLY, 1 1/2 " and larger PVC gasketed joint pipe, water services, road crossings, restrained joint areas, connections to existing pipelines, concrete manhole water depots, and all other related appurtenances as required to provide water service to subsequent users and provide system improvements located Fort Berthold Reservation wide. The Owner has placed an order to provide some of the materials required to complete the work detailed in the Plans and Specifications. Any materials not provided by the Owner are required to be furnished by the Contractor. A plan set has been developed with the work planned to be completed under this Contract. Additional work is planned to be completed under this Contract, but the ROW acquisition is currently underway and not yet completed. The Contractor will be issued Work Orders as work becomes approved for construction. Bid item quantities are for bid purposes only and are estimated for upcoming work, however, there is no minimum guarantee on a minimum total amount of work that will be issued via work orders for construction. The Contractor is advised that no work (as identified in the Bid Schedule) shall commence until initiated by a formal Work Order issued by the Owners Representative. Work Orders will be first sent to the Contractor for approval signature and further circulated for approval signatures of the engineer, owner and funding agency. A formal Work Order will have a work order number, description, deadline for work to be complete, and all approval signatures. Once all approval signatures have been obtained a formal work order will be issued to the contractor to initiate construction. Final payment for each respective Work Order will be based on actual installed quantities, as set forth in the contact Documents. Please see Work Order example in Contract Documents. All Bids must be made on the "Bid Form" included as part of these documents. Each BID must be accompanied by a separate envelope containing a copy of a current and valid North Dakota Contractor's License or Certification of Renewal thereof (must have been issued at least 10 calendar days before the date of the Bid Opening) and a BIDDER's Bond equal to five percent of the full amount of the BID, executed by the BIDDER as Principal and by a SURETY, conditioned that if the Principal's BID is accepted and the CONTRACT awarded to the Principal, the Principal, within ten days after notice of award, shall execute a CONTRACT in accordance with terms of the BID and a CONTRACTOR's BOND as required by law and the regulations and determinations of the Three Affiliated Tribes. Bidders on this work will be required to comply with the Presidents Executive Order No. 11246 - Equal Employment Opportunity, as amended. The requirements for Bidders and Contractors under this order are explained in the contract documents. In the evaluation of bids, the Three Affiliated Tribes will give preference in the amount of 2% above the lowest responsive bid received to Certified Indian Contractors. In order to qualify as a Certified Indian Contractor, the Contractor must register with the local Tribal Employment Rights Office (TERO) prior to the bid opening and each Bid must be accompanied by a copy of Contractor(s) current and valid Indian-certified firm certification issued by the TERO Office. TERO Office Fee Notice Contractor(s) and any of the Contractor(s) subcontractors bidding on this project should be aware that they will be required to comply with the TERO Regulations of the Three Affiliated Tribes. Notice is hereby given to any and all Contractors who bid on projects on trust land within the exterior boundaries of the Fort Berthold Reservation that Contractors are responsible for payment of the Tribal TERO Tax, which amounts to two and a half percent (2.5%) of the gross receipts from each Prime Contract. Arrangements for the payment of this tax are to be made prior to beginning work with the TRIBAL EMPLOYMENT RIGHTS OFFICE (TERO). Three Affiliated Tribes Fort Berthold Indian Reservation MHA TERO/Energy Building - Four Bears Complex New Town, ND 58763-0488 Prior to beginning of work on any contract or subcontract, the Contractor shall file a report with the TERO Office and FBRW showing: 1. Date of contract and amount of contract. 2. Location of land on which the contract will be performed. 3. Names and addresses of all parties of the contract. 4. When work is expected to begin or end. For questions regarding TERO requirements, contact the TERO Office via phone at (701) 627- 3634 or visit the TERO website. Date and contract amount provided to TERO in this instance shall be the total bid amount. Contractor shall indicate the contract amount is estimated and indefinite. Notice is hereby given to any and all Contractors who bid on projects on trust land within the exterior boundaries of the Fort Berthold Reservation that Contractors are responsible for compliance with MHA DOT regulations. Contractors shall register company vehicles with the MHA DOT prior to beginning work. For questions regarding MHA DOT regulations, contact the MHA DOT Office via phone at (701) 627-2838 or visit the MHA website. Contractors are required to obtain a Tribal Three Affiliated Tribes Environmental Department (TAT ED) waste management permit prior to beginning any construction or demolition work on the Reservation. The permit fee shall be payable to the Tribal TAT ED and shall be for the sum of one percent (1.0%) of the total Contract. For the purposes of this requirement, a Prime Contractor is the prime contractor responsible for construction or demolition projects funded by a federal agency, Tribal Government, or other commercial construction. The Owner reserves the right to hold all bids for a period of 61 days after the date fixed for the opening thereof, and to reject any or all bids, and to award the Contract, if awarded, to the Contractor with the Bid that is determined to be in the best interest and most advantageous to the Owner. The Owner reserves the right to award the Contract, if awarded, based on the received bids and will make the determination of the Bid(s) that is in the best interest and most advantageous to the Owner. Digital copies of the PLANS and SPECIFICATIONS (Contract Documents) are available at website. PLANS and SPECIFICATIONS (Contract Documents) are on file at the offices of Bartlett & West, Inc., Bismarck, North Dakota, where they may be seen and examined between the hours of 8:00 A.M. and 4:00 P.M., local time, Monday through Friday. Address of Engineer's office.

Division 33 -

Utilities, Instrumentation and Control for Utilities, Water Utilities, Water Utility Distribution Piping, Water Utility Distribution Equipment, Disinfecting of Water Utility Distribution, Water Utility Storage Tanks.