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HomeMy WebLinkAboutRESPONSE - BID - 5802 ATMS COMMUNICATIONS SYSTEM 2 COLORADO BORINGSECTION 00300 BID FORM PROJECT: COMMUNICATIONS SYSTEM PHASE 2; Bid No. 5802 Place 215 N. Mason Street, Ft. Collins Date September 29, 2003 1. In compliance with your Invitation to Bid dated September 5, 2003 and subject to all conditions thereof, the undersigned D.E.A. Construction Company a **(Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor)** authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of Bond for 5% of total bid amount ($ in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows: Arch Insurance Company, Kansas City Missouri 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. 1 through - 7/96 Section 00300 Page 1 COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO. ANTI -COLLUSION AFFIDAVIT ITSM-455-062 LOCATION Ft. Collins, Colorado I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: t. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. 1 understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Contractor's firm or company name Ely V � I Data 7 1 D.E.A. Construction Company Title Vice President 2nd contractor's fin or company name. (if joint venture.) 9 rue Sworn to before me this 02day of, ,11F f4 7 P. Notary Public / My NOTE: This document must be signed in ink. I. i i e maaa��yy......• P +nar�a0R111 D3 CDOT Form a606 1/02 Attachment 1 BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661 A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all Bids on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Non -Compliance with 49 U.S.C. 5323U)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53236)(1), but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(B) or (j)(2)(D) and the regulations in 49 CFR 661.7. Date Signature Company Name Title Page 26 C« OF CERTIFICATE OF PROPOSED UNDERUTILIZED DBE (UDBE) PARTICIPATION Project No.: ITSM-455-062 Project Code (SA#): Location: Ft. Collins, CO I Form#: of Prime Contractor — Send completed/signed form to the Business Programs Office (instructions on second page). (NOTE: See 49 CFR part 26.55, and the "DBE - Definitions and Requirements" in the Standard Special Provisions, for further information concerning counting DBE participation of subcontractors, suppliers and service providers toward the project's UDBE goal.) PART I — SUBCONTRACT NAME OF UDBE FIRM pendent Traff ITEMS OF WORK SUBCONTRACTED: PART 1b — SUPPLY CONTRACT TIER I CERTIFICATION # I EXPIRATION DATE Traffic Control 01/ 311 05 If the supplier is a UDBE "Manufacturer" of the item(s): ACTUAL UDBE AMOUNT = Entire expenditure for materials and supplies including ELIGIBLE UDBE SUPPLY AMOUNT = [ (ACTUAL UDBE AMOUNT) X 100% If the supplier is a UDBE "Regular Dealer" of the item(s): r ACTUAL UDBE AMOUNT = Entire expenditure for materials and s�.u-�p11es inc in" ELIGIBLE UDBE SUPPLY AMOUNT = (ACTUAL UDBE AMOUNT► X'e0%S_1 h If the supplier is neither a "Manufacturer" nor a NAME OF UDBE FIRM MATERIALS SUPPLIED: PART 1 c — KER CONTRACT AMOUNT 45,480.00 by the firm services provided by the firm — SERVICE / BROKER CONTRACT. Transportation service'(h-auling) fees/commissions are to be counted toward contract goals in this section (provided the trucker is NOT classified as a "Manufacturer" or a "Regular Dealer" for the materials supplied). Examples of other services to include in this section would be brokering, bonding, consulting, security guards, and insurance. For a UDBE "Service/Broker Contract": ACTUAL UDBE AMOUNT = Entire expenditure for services rendered including cost of any materials/supplies provided by the firm ELIGIBLE UDBE SERVICE FEE AMOUNT = [ (ACTUAL UDBE AMOUNT) — (Cost of any materials and supplies) ] (NOTE: The amounts that count toward UDBE goals are limited to the compensation retained by the UDBE broker/agent for services rendered, provided the fee/commission is determined by CDOT to be reasonable and not excessive as compared with fees customarily charged for similar services.) NAME OF UDBE FIRM CERTIFICATION # EXPIRATION ACTUAL UDBE ELIGIBLE UDBE SERVICE FEE SERVICES RENDERED: — Business Programs Office Previous editions may not be used CDOT Form Attachment 4 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying, in accordance with its instructions [as amended by Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C.0 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C.1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, D.E.A. Construction Company , certifies or affirms the Truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understpr4s and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and d' sure if an_ y, Signature of Contractor's Authorized Official Chris sutton - V.P. Name and Title of Contractor's Authorized Official q LDate Page 1 PART 2 — UDBE PARTICIPATION SUMMARY A) What is the total dollar value of this proposed subcontract, supply contract, OR service/broker contract that is eligible for counting toward contract goals? (NOTE: Provide in actual subcontractor dollars and not prime contract prices) A = [ TOTAL FROM "ELIGIBLE" COLUMNS IN PART 1 ] A> 45r480.00 B) What is the total dollar value of proposed subcontracts that are eligible for counting towards 0.00 contract goals from prior sheets/forms? B> C) What is the accumulative value of proposed subcontracts that are eligible for counting towards contract goals? C=IA + B] C> 45,480.00 D) What is the original contract bid total? D' 484,739.50 E) What is the accumulative percent of contract bid total subcontracted to all underutilized DBEs? E ti 1 PART 3 — PRIME CONTRACTOR CERTIFICATION ; I certify that: my company has met the contracted UDBE goals or h ttach�d a� DOT Form #718, DBE Good Faith Effort Documentation. tt • my company has accepted a proposal from l�D u aCtbr mimed above. • my company has notified the proposeut c fthe 'contracted UDBE commitment. • my company's use of the propose s c%nt he items of work listed above is a condition of the contract award. • my company will invite the pr os be ri a to attend the preconstruction conference. • my company will not use a s subcb!ractor for the proposed UDBE subcontractor's failure to perform under a fully executed subcctract�y ny complies with the definitions and requirements section of the DBE Special Provisions. ( f tt • 1 understailu} to "cola wit the information shown on this form will be considered grounds for contract termination. tt J declare under p ty 4rjftr" the second degree, and any other applicable state or federal laws, that the statements made on this doc true and complete to the best of my knowledge. Prime Contractor Name: D.E.A. Construction Company Date: 9 /22/ 03 Officer Signature and Title: Vice President FORM INSTRUCTIONS Prime Contractor: 1. An officer of the contractor(s) must complete this form. 2. Include only DBE firms which meet the underutilized criteria in the contract goal specification for this project (i.e., UDBE firms). 3. Complete ONLY ONE section for Part 1 (1 a, 1b, OR 1c) 4. Complete ALL sections of Part 2 and Part 3 5. Submit a separate CDOT Form #715 for EACH proposed UDBE. - Business Programs 6. Retain a photocopy for your records. 7. Send original to: Colorado Department of Transportation Business Programs Office 4201 E. Arkansas Ave. Denver, Colorado 80222 FAX: (303) 757-9019 may not be used PAGE 2 715 COLORADO DEPARTMENTOF TRANSPORTATION Project ITSM-455-062 Location UNDERUTILIZED DBE GOOD FAITH EFFORT ion DOCUMENTATION Ft. Collins, CO Date 9/22/03 The Contractor who is the apparent low bidder on a CDOT construction project and has failed to meet the Underutilized DBE (UDBE) contract goals shall use this form to document good faith efforts made to date by said Contractor to attempt to meet these goals. FAILURE TO FULLY COMPLETE THIS FORM MAY RESULT IN REJECTION OF THE BID. Each portion of this form is to be addressed in the space provided, or on supplemental sheets. Attach supporting documentation as required. This completed form and required attachments are to be submitted to the Business Programs Office in the Center for Equal Opportunity prior to 4:00 p.m. on the day after the day bids are opened. This form may be submitted by FAX (303-757-9019) with an original copy to follow. An extension may be granted by the DBE Liaison. Solely at its discretion, CDOT may request additional information and accept additional UDBE participation at any time and prior to the final decision concerning Good Faith Efforts. 1. List sufficient bid items (including portions of bid items) identified as subcontract work to be performed by UDBEs to achieve the established UDBE participation goal. Indicate the total percentage of work identified for UDBE participation. The total percentage of subcontract items identified for UDBE participation must equal or exceed the percentage goal established by CDOT. N/A II. For each subcontract item identified, contact by -mail, FAX 9(nd/or telephone a minimum of two currently CDOT-certified UDBEs whose work and function codes match the type of work being solicited. For projects in areas of the state where there are more than two UDBEs capable of performing identified subcontract items, contact at least two thirds of those UDBEs. If soliciting by telephone, provide a telephone log of calls, including topic of discussion, date, time, name of person contacted, and the response received. If soliciting by mail, provide copies of letters to UDBEs and their responses. Letters and FAXes must specifically identify the project, the items to be subcontracted, and the bid date. Letters and FAXes must provide an address and phone number where specific quantities or details will be available to bidders. The Contractor shall provide sufficient time to allow the UDBEs to participate effectively in the bidding process. Submit a detailed explanation addressing failure to provide any of the above. N/A Original -Business Programs office, Copy -Contractor OVER Previous editions are obsolete and may not be used CDOT Form #718 3/99 III. List all UDBE and non-UDBE bidders, bid dollar amounts for each bid item, and the name of the successful bidder. Describe how bid items were broken down to increase opportunities for specific UDBE bidders. If the UDBE bids were rejected, give reasons for each case. Cost alone may not be adequate justification for failure to use a UDBE bid. If the work is to be counted as a potential UDBE subcontract item, the Contractor cannot elect to perform that work itself when a UDBE bid is competitive or only UDBE bids are received. When a non-UDBE bid is significantly lower than a UDBE bid, the Contractor may choose to perform the item itself. Whether a bid is "competitive" or "significantly lower" will be determined by CDOT. Provide a detailed explanation for failure to provide any of the above. N/A IV. The efforts required herein are not exhaustive or exclusive. Other factors or types of efforts may be relevant in appropriate cases. In determining whether Good Faith Efforts have been made, the quantity and intensity of the efforts made as well as kinds of efforts made may be considered. List any additional efforts to increase UDBE contract participation, such as requesting subcontractors to providing UDBE participation. Note the results of such efforts. assist with N/A THE CONTRACTOR UNDERSTANDS THAT DEMONSTRATION OF GOOD FAITH EFFORTS IN ACHIEVING THE UDBE GOALS ESTABLISHED BY CDOT IS REQUIRED THROUGHOUT THE PERFO ' ANCE OF THE CONTRACT. Company Signature 4;E D.E.A. Construction Company Title Phone V.P. FAX -4n'A Q9n Al nn COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATION OF EEO COMPLIANCE Instructions: Bidders and subcontractors must complete and submit this form with bid proposals for federally funded contracts greater than $10,000. This is required by the Equal Employment Opportunity Regulations [41 CFR 60-1.7(b) (1)j. The regulation also requires that if you have participated in a previous contract or subcontract and have not filed a Standard Form 100 (EEO- 1), you cannot be awarded this contract. You may file a report covering the delinquent period for consideration by the Federal Highway Administration or the Director of the Office of Federal Contract Compliance, U.S. Department of Labor. The Standard Form 100 (EEO-1) may be requested from the: Joint Reporting Committee P.O. Box 779 Norfolk, VA 23501 (757)461-1213 I. U Yes ❑ No I have developed and have on file at each establishment an affirmative action program as required by 41CFR Chapter 60, Part 60-2. 2. Lk Yes ❑ No I have participated in a previous contract/subcontract subject to the equal opportunity clause. 3. 11 Yes ❑ No I have filed with the Joint Reporting Committee, the Director, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements. I I declare under penalty of perjury in the second degree and any other applicable state or federal laws, that the state- ments made in this document are true and complete to the best of my knowledge. Company D.E.A. Construction Company ® bidder ❑ proposed subcontractor By: Title: Date: Chris Sutto Vice President Form 0347 11/94 Attachment 1 BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661 Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 5323g)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 CFR Part 661. Date Signa Company Name D.E.A. Construction Company Title Vice President Page 25 gratuities, favors or anything of monetary value from contractors, potential contractors, or parties of subagreements. INCORPORATION OF FEQERAL TRANSIT ADMINISTRATION (FTA) TERMS FTA Circular 4220.I1) Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 D, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any the City of Fort Collins requests which would cause the City of Fort Collins to be in violation of the FTA terms and conditions. Page 24 D.E.A. Construction Company CONTRACTOR BY: Chris Sutton ADDRESS 9101 N. Pearl St., #300 Thornton, CO 80229 8• BID SCHEDULE (Base Bid) PHASE II ;BID SCHEDULE -------------- ITEM ;PAY DESCRIPTION UNIT # ITEM 1 203 Potholing ;Hour 2 613 Proof Existin Conduit L.S. 3 613 1-1/2" Electrical Condui�Plastic Lin. QTY. 600 1 5,800 26,500 15 35 4 3 38,590 1 1 UNIT PRICE 131.50 4250.00 8.79 8.92 ITEM COST 78,900.00 4,250.00 50, 98 6— 236,380.00 Foot j 4 613 2" Electrical Conduit (Plastic) Lin. Foot 5 613 Pull Box 18"x30" ;Each 6 613 Pull Box 18"x30" Stacked ;Each 1 7 ! 613 Pull Box 30"x48" Each 8 1614 Communication Hub Each 9 1 614 ';Fiber Optic Cable (Install Lin. Foot !Only)(48 s m) 10 626 !Mobilization ;Lump Sum 11 630 ;Construction Traffic Control Lump Sum j 346.9 5,203.50 418.00 14 630.00 580.00 2,320.00 2,300.00 6,900.00 0.80 30f872.00 2,000.00 2,000.00 2,302.00 52,302.00 -- Total 484, 739.50 Four Hundred eighty four thousand and seven hundred Dollars thirty nine dollars and fifty cents 7/ 26 Section 00300 Page 2 KNOW ALL MEN BY Co, THESE PRESENTS: as Principal, and SECTION 00410 BID BOND that we, the undersigned D.E.A. Construction Surety, are hereby held and firml boundt uno the as OWNER, in the sum of Bid erc o for truly to be made, we hereby jointly and severally assigns. uompanv as City of Fort Collins, Colorado, the payment of which, well and bind ourselves, successors, and THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, COMMUNICATIONS SYSTEM PHASE 2; Bid No. 5802. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) Ifrsaid Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing ,labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability .of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 7/96 Section 00410 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 26th day of Se�P�hor 0a 20, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: D.E.A. Construction Co. Address: 9101 North Pearl Street Thornt , CO 802,29 By: Title: ATTEST: By (SEAL) 7/96 SURETY Arch Insurance Company 7470,N. Figueroa Street Los/ eAes, CA B Title7 Attorney in fact 0 (SEAL) Section 00410 Page 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On September 26, 2003 before me, Regina Rangel, Notary Public, personally appeared KD Conrad personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. RENA RANGEL COMM. *"66369 W m Notary Public-Caiffornla W LOS ANGELES COUNTY -. My Comm. Exp. July 26, 2006 a POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having Its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint KD Conrad, C.K. Nakamura, Joyce Herrin, Tom Branigan, Edward C. Spector, Marina Tapia, Clarice Lee, Richard E. Bigley, Lisa L. Thornton, Maria Pena, E. S. Albrecht Jr., Tracy Aston, Betty Walker and Brenda Wong of Los Angeles, CA (EACH) Its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted. to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split Into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and aftomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory In the nature thereof, and any such Officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and motions by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it Is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and Its corporate seal to be affixed by their authorized officers, this 11th day of March, 2003. Arch Insurance Company Attested and Certified PC STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing Instrument, appeared before me this day In person and .severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary ads for the uses and purposes therein set forth. �� • 'V t 1 I•"{ w. ♦ Y • � r �•�� CJi•yy+. o.i..:sS•u� CERTIFICATION 1, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attomoy dated March 11, 2003 on behalf of the person(s) as listed above Is a true and correct copy and that the same has been In full force and effect since the date thereof and Is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney. the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Companyonthis 26thdayof September 20a3__• This Power of Attorney limits the acts of those named therein to the bonds and under and they have no authority to bind the Company except in the manner and to the extent Home Office: Kansas City, MO OOMLOO13 00 03 03 c�rrauu sYrr Page 2 of 2 specifically named therein stated. Printed in U.S.A Insurance Group IMPORTANT NOTICE CONCERNING THE TERRORISM RISK INSURANCE ACT OF 2002 The Terrorism Risk insurance Act of 2002 establishes a mechanism by which the federal government will share, with the insurance industry, in losses arising out of "acts of terrorism" certified as such by the Secretary of the Treasury. "Certified acts of terrorism" are defined as events that cause more than $5 million in losses and: 1. Are violent or dangerous to human life, property, or the infrastructure; 2. Result in damage within the United States, on a United States mission, or to a United States aircraft or vessel; and 3. Are Committed by individuals, acting on behalf of foreign persons or interests, as part of an effort to coerce the civilian population of the United States or to influence the policies or conduct of the United States Govemment The Act specifies that coverage for "Certified acts of terrorism" must be made available in Commercial property and casualty policies of insurance, and it requires insurers to disclose any applicable premium charges and the federal share of compensation. We are making these disclosures in strict compliance with the Act. Disclosure of Availability of Coverage for Terrorism Losses Coverage for losses resulting from "Certified acts of terrorism" is being made available to you on terms, amounts, and limitations generally applicable to losses resulting from perils other than acts of terrorism. Disclosure of Federal Share of Compensation for Terrorism Losses The federal government will pay a 90% share of an insurer's terrorism losses once the insurer has satisfied a significant aggregate annual deductible. For terrorism losses occurring in 2002, that deductible is 1% of the insurer's 2001 direct earned premium. For losses occurring in 2003, 2004 and 2005, the annual insurer deductibles are 7%, 10% and 15% of the prior years direct earned premium, respectively. The Act provides that neither insurers nor the federal government are responsible for losses associated with "certified acts of terrorism" once aggregate annual insured losses exceed $100 billion. Disclosure of Terrorism Insurance premium Your Bond premium charge for "certified acts of terrorism" coverage is $ 0. SR 80 37 (Ed. 11 02) Page 1 of 1 Printed in U.S.A. 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work.in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFUW/SUBMITTED: Z� O Signat e Date Vice President Title N/A License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Address 9101 N. Pearl St., #300 Thornton, CO 80229 Telephone 303.920.4400 7/96 Section 00300 Page 3 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: D.E.A. Construction ComAan 2. Permanent main office address: 9101 N. Pearl St., #300, Thornton, CO 3. When organized: 8/1/90 80229 4. If a corporation, where incorporated: Colorado 5. How many years have you been engaged in the contracting business under your present firm or trade name? 14 years 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) Tri-State Generation & TranSmission'1600,00 00 Comp 11/30/03 OWest Communicat,nns_S90"000 00 romp 11/153/03 Comcast : Open Endf rinit Price Contrat-?- 7. General character of Work performed by your company: Aerial and Underground Utility Construction and Design 8. Have you ever failed to complete any Work awarded to you?No If so, where and why? 0 Have your ever defaulted on a contract? No If so, where and why? 10. Are you debarred by any government agency? If yes list agency name. 7/96 No Section 00420 Page 1 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. Comcast-On goinq work in Denver and Western Slope; Work is Aerial and underground OWest-2 Proiects,$20,000 & $30,000; Comp 9/03,Denver Metro -Underground Fiber. 12. List your major equipment available for this contract. Directional Drill Pot Hole trucks Excavation E ui ment Cable pulling equipment and required support ve is es an equipment. 13. Experience in construction Work similar in importance to this project: 14 years experience building conduit and fiber networks for AT&T OWest MCI, ICG,Comcast, Sprint and other government and private entities 14. Background and experience of the principal members of your organization, including officers: Background and experience up to and including the President of the company exceeds 20 years per individual. 15. Credit available: $125_,000,000 16. Bank reference: Wells Fargo Bank - 909.483.0359 Acct#OPR-9600036183 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General CONTRACTOR? Yes If yes, in what city, county and state? City of Ft Collins What class, license and numbers? Nr, 42286571 IM 20. Do you anticipate subcontracting Work under this Contract? If yes, what percent of total contract? 30% and to whom? TBD Are any lawsuits pending against you or your firm at If DETAIL Yes this time? No yes, 7/96 Section 00420 Page 2 21. What are the limits of your public liability? DETAIL What company? Tvnna TnsUranrp Aaencv Inc 22. What are your company's bonding limitations? 120 million 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at this �-day of September 2003 D.A.A. Construction Company vame kpm Bidder By:.�%i Titled Vice President State of OalyyZ o County of A d a a D . being duly sworn deposes and says that he is — UlAn Drt`jtj jAA- °f E • and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of jam- 2 Notary Public My commission expires a/,QVaPP , O A 9 •� '•X 8 L 9� •.,. �CF ra�0? My Commisft Eon 8/Y1rm 7/96 Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 10% of the contract. ITEM Directional Drilling Traffic Control SUBCONTRACTOR True Underground, Inc. Independent Traffic Control Services, Inc. 7/96 Section 00430 Page 1 COLORADO DEPARTMENT OF TRANSPORTATION Project # UNDERUTILIZED DBE BID ITSM-455-062 CONDITIONS ASSURANCE Location Ft. Collins, Colorado Instructions: Contra Ctnr - ("nnnnia4a and - --- - rUl Ulu. r ,=Pvit uiuy unaerumizea udt (UDBE) participa- tion which qualifies under the contract goal specification for this project. POLICY It is the policy of the Colorado .Department of Transportation that underutilized disadvantaged business enterprises have maximum opportunity to participate in the performance of contracts financed with federal, state or local entity funds. INTENDED UNDERUTILIZED DBE PARTICIPATION 1) Will your company's intended Underutilized DBE (UDBE) participation meet contract goals? W yes ❑ no 2) Total intended Underutilized DBE UDBE p Meets contract goals (UDBE) participation: 9.38% ❑ yes ❑ no 3) List the UDBE firms you intend to use for your UDBE participation Name of UDBE firm(s) Certification Intended item(s) expiration date of work Independent Traffic Control Services, Inc. 1/2005 Traffic Control I understand that, if my company is determined to be the low bidder for the contract on this product, I must submit a completed CDOT Form #715 CERTIFICATION OF UNDERUTILIZED DBE PARTICIPATION to the Transportation Department by 4:00 pm the day after the bids are opened. In addition, if my company does not meet the intended contract goals, I must submit a completed CDOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before the above stated deadline. I understand my obligation to abide by the policy stated above. I shall not discriminate on the basis of race, color, age, sex, national origin, or handicap in the bidding process or the performance of contracts. I DECLARE UNDER PENALITY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE IN THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Company name Date D.E.A. Construction Company Company officer signal re Title Vice President - •-••--� �.......... e.o vvay.v.a and may noc ne used CDOT Form #714 6/02 Attachment 4 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C.0 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C.1352(c)(1)42)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, D.E.A. Construction Company . , certifies or affirms the Truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor unde ands and agrees that the provisions of 31 U.S.C. A 3801, at seq., apply to this certification a tnure, if any. Signature of Contractor's Authorized Official Chris Stttton-v.P. Name and Title of Contractor's Authorized Official q l� D Date Page 1