QUESTIONS: Please submit anyques tions regarding this project toJames Larson, CR- BuildingPerformance Specialists, through BidExpress(R). The deadline for questionsis 4:00pm on Thursday, March 24,2022. Responses will be issued as anaddendum. Responses will be providedby 4:00pm on March 28, 2022. BID SECURITY: A bid bond in theamount of not less than five percent (5%)of the total amount bid, drawn in favor ofthe Lower Sioux Indian Community inthe State of Minnesota, shall accompanyeach bid. CONTRACT AWARD: The selectedcontractor will be issued an AIADocument A102 Standard Form ofAgree ment Between Owner andContractor where the basis of payment isthe Cost of the Work Plus a Fee with aGuaranteed Maximum Price. (A draft isincluded in the Proposed Contract Documents.) A Notice to Proceed will beissued once the agreement is fullyexecuted and all condi tions forcontracting have been met.
1. Tribal Sovereignty. The Owner is afederally recognized Indian Tribe possessing sovereign immunity fromunconsented suit. The Owner expresslyand unequivocally asserts and maintainsits sovereignty. Nothing in the BiddingDocuments, either expressly or implied,shall be construed as a waiver ofOwner's sovereign immunity, which suchsovereign immunity is hereby preserved.Bidder will be expected to irrevo cablyand unconditionally agree that it will notcommence any action, litigation, orproceeding of any kind whatsoeveragainst Owner in any way arising fromor relating to these Bidding Documentsor any Contract Documents. 2. Owner's Rights Reserved. TheOwner reserves the right to reject any orall bids and to waive any irregularitiesand infor malities therein and to awardthe Contract to other then the lowestbidder if, in its discretion, the interest ofthe Owner would be best served thereby. 3. Project Funding. This project isfunded through a grant from theAmerican Rescue Plan Act and is subjectto federal procurement and Indian Preference require ments as outlined in U.S.Code and as implemented in the Code ofFederal Regula tions. The Project issubject to prevailing wage rates andresponsible contractor certi fication.
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