SEMINOLE TRIBE OF FLORIDA RFP #2015-PW-001 ANNOUNCEMENT REQUEST FOR PROPOSALS (RFP) CONSTRUCTION SERVICES DECANTER REPLACEMENT AND MISCELLANEOUS WASTEWATER TREATMENT PLANT IMPROVEMENTS BIG CYPRESS SEMINOLE INDIAN RESERVATION HENDRY COUNTY, FLORIDA PROJECT # 14-BC-WW-0137 PROPOSALS WILL BE ACCEPTED IN HARD COPY AND ELECTRONIC FORMAT Proposals should be submitted as: one (1) signed executed original, four (4) paper copies and one (1) electronic .pdf copy on CD to: SEMINOLE TRIBE OF FLORIDA CONTRACT MANAGEMENT UNIT – PURCHASING DEPARTMENT ATTN: JACQUELINE GONZALEZ, CONTRACT SPECIALIST 6300 STIRLING ROAD HOLLYWOOD, FL 33024 MANDATORY SITE VISIT/PRE-BID CONFERENCE: 1:00 P.M. (EST), Tuesday, March 3, 2015 Big Cypress Seminole Indian Reservation Wastewater Treatment Plant 30000 Rabbit Run, Clewiston, FL 33440 PROPOSALS MUST BE SUBMITTED BY THE FOLLOWING DEADLINE: 4:00 P.M. (EST), MONDAY, MARCH 23, 2015 Request for Proposals #2015-PW-001 Decanter Replacement and Misc. WWTP Improvements Big Cypress Seminole Indian Reservation Page 2 of 24 The Seminole Tribe of Florida Purchasing Department will receive proposals to modify and construct components at the Big Cypress Seminole Indian Reservation. Proposals will be accepted until 4:00 P.M. Eastern Standard Time on Monday, March 23, 2015 at the Seminole Tribe of Florida, Purchasing Department, located on 6300 Stirling Road, Hollywood, Florida 33024. Proposals will not be accepted after this time and date. Proposals will only be accepted in hard copies via postal mail, courier or express delivery service and will be opened immediately and reviewed at that time. Please submit one (1) original and four (4) hard-copies with one (1) electronic copy in PDFformat on CD-ROM of the complete proposal. This Solicitation does not apply to, and it is not intended for, the Gaming Division and/or Gaming Operations of the Seminole Tribe of Florida. BACKGROUND The Seminole Tribe of Florida is a federally recognized Indian Tribe organized pursuant to Section 16 of the Indian Reorganization Act of 1934, as amended, 25 U.S.C. §476. There are five (5) Seminole Indian Reservations in the State of Florida: Big Cypress, Brighton, Hollywood, Immokalee, and Tampa, as well as tribal trust land in Fort Pierce. Tribal Headquarters are located on the Hollywood Reservation in an urban environment in the Greater Fort Lauderdale/Hollywood, Florida area. Satellite offices are located on each of the other reservations or trust land. The Tribe also maintains off-reservation offices in Naples, Fort Pierce, Hollywood and Miami. The Tribe provides various governmental services to its members and residents of its reservations similar to those services provided at the municipal or county level. Examples of such services include, but are not limited to, public works, recreation and elder services programs, police, fire and EMS services. The Tribe also maintains health and dental clinics, an education program, preschools and schools, a museum, two rodeo arenas, etc. In addition to governmental services, the Tribe and Tribe, Inc. also are engaged in various business activities including real estate, agriculture, tourism, manufacturing, gas station/convenience stores and sales. PROJECT DESCRIPTION The Seminole Tribe of Florida, Public Works Department is requesting proposals to construct completely operational systems at the Big Cypress Seminole Indian Reservation’s Wastewater Treatment Plant (WWTP). Services will be performed as detailed in the attached design criteria. The project generally consists of: 1. Sequencing Batch Reactor (SBR) Decanter Modifications (decanter equipment has been purchased by the Owner and is scheduled to be delivered to the plant at the end of March 2015) 2. SBR Basin Waste Sludge Piping Modifications 3. Aeration Blower Discharge Piping Modifications 4. Equalization Basin Submersible Pump Station Access Modifications 5. Grit System Control Panel and Compressed Air Supply System Modifications 6. Screened Wastewater Influent Piping Modifications Request for Proposals #2015-PW-001 Decanter Replacement and Misc. WWTP Improvements Big Cypress Seminole Indian Reservation Page 3 of 24 The project will be constructed on tribal lands of the Seminole Tribe of Florida (STOF) via a lump sum unit rate contract. The STOF has designated the Public Works Department (PWD) as the responsible agency representative for this project and responsibility for program management of the project. The STOF will contract separately with a professional firm for the provision of construction, engineering, and inspection services. SITE DESCRIPTION The STOF owns and operates the Big Cypress Seminole Indian Reservation WWTP. The WWTP is located at 30000 Rabbit Run, Clewiston, FL 33440. SITE VISIT/PRE-BID CONFERENCE A mandatory site visit has been scheduled for Tuesday, March 3, 2015 at 1:00 P.M. (EST). Interested bidders shall meet with tribal staff at the Big Cypress Waste Water Treatment Plant (30000 Rabbit Run, Clewiston, FL 33440) on the Big Cypress Seminole Indian Reservation. AWARD OF CONTRACT AND TIME OF COMPLETION The contract, if awarded, shall be to the lowest responsive bidder, and most responsible bidder whose bid conforms to the specifications, and is the most advantageous to the STOF, considering prices bid, the experience, the qualifications of the bidder, and the bidder’s current and immediately available resources. Bid must comply with the requirements necessary to render it formal. Substantial completion of the work will be required within one hundred twenty (120) calendar days from the commencement date stated in the Notice to Proceed. Final completion of the work will be required within one hundred thirty-five (135) calendar days from the commencement date stated in the Notice to Proceed. Request for Proposals #2015-PW-001 Decanter Replacement and Misc. WWTP Improvements Big Cypress Seminole Indian Reservation Page 4 of 24 WORK TO BE COMPLETED The project scope of work includes the activities detailed in the Project Description. Additional information is provided in the design criteria regarding the scope and limitations and/or conditions under which the Contractor shall be governed in performance of the contract. The Project Description is generalized and is not intended to represent the full and complete scope of work to be provided under the contract. GENERAL TERMS AND CONDITIONS 1. Existing utilities have been shown on the drawings insofar as information is reasonably available; however, it will be the contractor’s responsibility to preserve all existing utilities whether shown on the plans or not. If utility conflicts are encountered by the contractor during construction which will not be accommodated by adjustments to the proposed work, the contractor shall give sufficient notice to the respective utility owners so that they may make the necessary adjustments. Damage to any utilities shall be promptly repaired at the contractor’s expense. At the sole discretion of the STOF, such repairs shall be performed by the contractor’s forces or by another contractor retained by the STOF. Any delays ensuing from this damage will be considered inexcusable. 2. Governing standards and specifications include: a. The Tribal Building Code (based on the Florida Building Code) and National Electric Code (NEC) standards. b. Measurement and payment and/or basis of payment shall not be made in accordance with the attached Bid Form. The pay item descriptions and related measurement and payment and/or basis of payment shall be as defined by the divisions of contract specifications specific to this project. c. In event of conflict between the provisions of the above mentioned documents, the Local Government Specifications shall govern. BID PROCESS TIMETABLE 2/26/15 3/3/15 3/13/15 3/18/15 3/23/15 TBD TBD Bid documents issued Mandatory site meeting Deadline for Prospective Contractor to submit Requests for Information Deadline for STOF response to all Requests for Information Bid Deadline due to by 4:00 P.M. Selected Contractor receives Notice of Intent to Award Selected Contractor receives Notice to Proceed Request for Proposals #2015-PW-001 Decanter Replacement and Misc. WWTP Improvements Big Cypress Seminole Indian Reservation Page 5 of 24 TECHNICAL REQUIREMENTS 1. At a minimum, qualifying proposals shall demonstrate that the bidder possesses the qualifications necessary to construct a high quality and functional project. To ensure the Bidder is capable of providing an acceptable level of service to the STOF, the following minimum qualifications must be met: a. The Bidder must be licensed to perform construction services in the State of Florida. The firm shall be experienced in providing professional services for projects with a similar scope of services to that described in this RFP. Bidders shall include in their proposal, a description of three (3) similar projects of a size equal to or greater than that described herein, including contact information for the referenced projects. b. The Bidder must have the listed current personnel and maintain a fully equipped organization capable, technically and financially, of performing the work required, and has performed similar work in a satisfactory manner. c. The Bidder must carry adequate professional liability insurance and pollution prevention insurance, consistent with the requirements listed under the “Additional Information” section of this RFP. 2. Compliance: All activities shall comply with the following: a. All applicable Federal and Tribal Rules, Ordinances and Environmental Requirements b. Regulations as listed in the Construction Agreement. SUBMISSION GUIDELINES The Seminole Tribe of Florida Public Works Department will accept proposals until the deadline shown on page 1 of this RFP. Proposals received after this time and/or date will be returned unopened. Proposals will be accepted in hard copy only, via hand delivery, mail, courier, or express delivery service. Submit one (1) original, four (4) paper copies and one (1) electronic copy in PDF-format on CD-ROM of the complete proposal. Address proposals as follows: SEMINOLE TRIBE OF FLORIDA CONTRACT MANAGEMENT UNIT – PURCHASING DEPARTMENT ATTN: JACQUELINE GONZALEZ, CONTRACT SPECIALIST 6300 STIRLING ROAD HOLLYWOOD, FL 33024 The submission of a Proposal shall constitute an incontrovertible representation by Bidder that: 1. Bidder has complied with the above requirements; and Request for Proposals #2015-PW-001 Decanter Replacement and Misc. WWTP Improvements Big Cypress Seminole Indian Reservation Page 6 of 24 2. Without exception, the Proposal is premised upon performing and furnishing the Work required by the Contract Documents; and 3. The Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. PROPOSAL CONTENT 1. Qualifying proposals must include the following complete and fully executed as required. Transmittal Letter Signed by an Authorized Representative Exhibit A - Bid Form Exhibit B - Acknowledgement of Receipt of Addenda Exhibit C - Statement of Qualifications and Resumes Exhibit D - Contractor Certification Regarding Debarment and Suspension Exhibit E - Non-Collusion Affidavit of Prime Bidder Exhibit F - Sub-Contractor Listing Exhibit G - Bonds and Certification of Ability to Obtain Performance Bonds Exhibit H - List of Recently Completed Projects and Contract Amounts Exhibit I - List of References Exhibit J - Certificate of Insurance Exhibit K - Certificate Of Authority To Do Business In The State Of Florida – Occupational License Exhibit L - Florida Department Of Business And Professional Regulation – License(s), Certification(s) and/or Registration(s) 2. Qualifying proposals must demonstrate the prospective bidder’s prior credible experience working on projects with similar scopes of work and organizational capacity and sufficient qualified personnel and machinery to complete the project while minimizing the impact to the residents. 3. It is the responsibility of each Bidder before submitting a Bid, to: a. Examine the Contract Documents, Construction Agreement and Vendor Application and Registration Form thoroughly. b. Visit the site to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. c. Take into account federal, state and local laws, regulations, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. d. Study and carefully correlate Bidder's observations with the Contract Documents. e. Notify the Tribe of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. Request for Proposals #2015-PW-001 Decanter Replacement and Misc. WWTP Improvements Big Cypress Seminole Indian Reservation Page 7 of 24 EVALUATION CRITERIA Proposals will be screened using the evaluation factors below based on the qualifications demonstrated within the proposal. STOF may choose to perform fact finding to discuss certain aspects of the proposal or seek clarifications during the evaluation process. To facilitate the evaluation, the Contract Administrator may require proposers to furnish additional information including their technical resources and equipment available for use in performing the work. The following factors and sub-factors will be used to evaluate the proposals. a. Minimum Qualifications An overall evaluation of the proposal will be performed to determine if it meets minimum qualifications based upon: (1) proposal content and submittal of all required forms and documentation, (2) qualifications, (3) self-performance/use of sub-contractors, (4) similar project experience, (5) past performance, (6) Tribal subcontractor utilization, (7) personnel qualifications, and (8) technical excellence. If one or more of the listed responses are not included, the proposal will be deemed not qualified and the review will end. b. Similar Project Experience and Past Performance The proposer will describe its current and recent experience in South Florida on similar or other projects. The projects described shall be limited to those staffed by the key personnel in the proposal. Provide detail of no less than three similar projects, including project description, contact reference including their name, title, phone number and email address. Describe how successful the firm was in managing the recent similar projects on time and within budget. Describe the roles and responsibilities of the key personnel in your proposal. Preference will be given to proposers with a positive past history with the Tribe. c. Sub-Contractor Utilization – Tribal/DBE Consideration as to the utilization of Tribal sub-contractors and suppliers will be considered. d. Personnel Qualifications The proposer will demonstrate the qualifications of the proposed key personnel. The proposer must have the ability to provide support for the project and commit the proposed staff to work on the project. Proposer shall provide evidence in the proposal of the availability of the proposed staff to be assigned to the project and current workload of team. Provide information regarding key personnel’s office and project locations. The firm must demonstrate key personnel’s ability to attend meetings and visit the project site as necessary to complete the work. Proposals must include the following information: proposed Project Manager’s office location, location of other key personnel. e. Technical Excellence Consideration will be given to the Proposer’s technical ability to perform the work. f. Bid Proposal Proposals will be scored on reasonableness of costs, as well as lowest-to-highest price. g. Native American and Tribal Member Preference The Tribe encourages its Members and other Native Americans who own their own business, or who are majority owners of a business, to bid on goods and services through the competitive bidding process. As such, the Tribe extends Native American Indian and Tribal Member preference to qualified individuals or business entities. Tribal Member preference is offered only to those business Request for Proposals #2015-PW-001 Decanter Replacement and Misc. WWTP Improvements Big Cypress Seminole Indian Reservation Page 8 of 24 entities where a Seminole Tribal Member is actively involved in the business and controls 51% or more of the organization. EVALUATION CRITERIA – POINT SYSTEM RANKING PROCESS STOF will award a contract to the responsible proposer whose proposal is most advantageous to STOF, price and other factors considered. STOF will evaluate and rank proposals using the pre-set point ranking system outlined in this RFP. A point system allows for an award to a proposer other than the lowest priced proposer or highest technically rated proposer and which, in the opinion of STOF, represents the “best value”. STOF will convene a source selection board comprised of STOF personnel that may include the Contract Administrator, program and/or project management personnel, and other administrative or technical personnel. Evaluation Criteria Proposal Content Cover Letter and Exhibits Qualifications Minimum Qualifications Self-Performance/Sub-contractor participation Prior Experience Past Performance Sub-contractor Utilization (Native, DBE) Personnel Qualifications Technical Excellence Bid Proposal Price Comparison General Adequacy of Bid Tribal Preference Score or Qualified/Not Qualified 10 Points Maximum Qualified/Not Qualified 5 Points maximum 10 Points maximum 10 Points maximum 5 Points maximum 5 Points maximum 5 Points maximum 35 Points maximum 5 Points maximum 10 Point maximum Bonus ADDITIONAL INFORMATION 1. Resource Protection: a. Archeological/historical resources: The contractor shall incorporate any suspected archeological or historical material into the deliverables for this work. Upon the discovery of suspected archeological or historical material, Contractor shall ensure that all work ceases in the vicinity of such material and immediately notify the Tribe’s project manager. b. Native faunal species: the project area may contain habitat used by the endangered Florida panther (Puma concolor coryi), Audubon’s crested caracara (Polyborus plancus audubonii), gopher tortoise (Gopherus polyphemus), wood stork (Mycteria americana), Eastern indigo snake (Drymarchon corais couperii) and the Florida black bear (Ursa americanus floridanus). Any suspected activity of un-collared panthers will be documented using GPS and reported to the Tribe. The successful bidder shall ensure that construction contractors use every precaution necessary to prevent disturbing and harassment of this or any wildlife encountered on the Reservations. The willful killing of Request for Proposals #2015-PW-001 Decanter Replacement and Misc. WWTP Improvements Big Cypress Seminole Indian Reservation Page 9 of 24 any animal species while working on Reservation lands is illegal and will not be tolerated. Violations will void the contract. 2. The contractor must demonstrate sensitivity to cultural resources, particularly as it relates to Native American tribes. Past history with the Seminole Tribe of Florida will be used as a factor for selection. Preference will be given to contractors and subcontractors with a positive past history with the Tribe. 3. Additional points will be provided during the evaluation to proposals that exceed minimum requirements. 4. The Tribe extends Native American Indian and Tribal Member preference to qualified individuals or business entities. Tribal Member preference is offered only to those business entities where a Seminole Tribal Member is actively involved in the business and controls 51% or more of the organization. 5. Best Interest of the Tribe and Best Value Determination – The Seminole Tribe of Florida reserves the right to reject any proposals with or without cause, to waive technical errors and informalities, and to accept the proposal that best serves the interest of the Tribe. The Evaluation Team will determine which offer represents the best value to the Tribe to allow the Tribe to consider making award to other than the lowest priced offer or other than the highest technically rated offer. 6. Reservation of Rights, Proposal Rejection and Waiver - The Seminole Tribe of Florida, Inc. reserves the right to conduct any investigation of the proposals of any Contractor that it deems appropriate, negotiate modifications to any of the items proposed in the Proposal, accept or reject any or all Proposals to this RFP, to modify the selection process in any way, to postpone the selection process for its own convenience at any time, to waive any defects, irregularities or informalities in any Proposal, or to issue a new RFP at any time. Additionally, the Tribe retains the right to negotiate pricing, or related compensation, submitted by a Contractor in connection with this RFP and any other terms and conditions with one or more qualified Contractor at the same time, if such action is in the best interest of the Tribe. The Tribe reserves the right to delete, add or amend any of the products and services as listed and described in this RFP before entering into a formal agreement with the selected Contractor. The Tribe further reserves the right to reject incomplete, illegible and/or non responsive submittals. 7. Equipment – The successful bidder will be responsible for providing all necessary equipment to fulfill the required work, as detailed in this Request for Proposals. 8. Registration – If not registered in the State of Florida, the successful bidder will be required to provide evidence of authority to conduct business as an out-of-State corporation in the State of Florida. 9. Title to Information and Equipment – Be advised that, upon entering into an Agreement with the Tribe, all information developed under the Agreement, of whatever type relating to the work performed under the Agreement shall be the exclusive property of Tribe. All machines, instruments and products purchased, manufactured or assembled by Contractor pursuant to Request for Proposals #2015-PW-001 Decanter Replacement and Misc. WWTP Improvements Big Cypress Seminole Indian Reservation Page 10 of 24 this Agreement and paid for by Tribe shall be the exclusive property of Tribe. Upon termination of the Agreement, the Contractor shall dispose of such items as directed by the Tribe. 10. Insurance and Bonding Requirements – The Contractor and any subcontractors who perform any of the projects identified in the contract shall secure, pay premiums for, and keep in force until the expiration of this contract, or subcontract under this contract, or any renewal thereof, the following: a. INSURANCE (Contractor to attach as Exhibit J): i. Workman Compensation Insurance, as required by the laws of the various states in which the contract is performed; ii. Commercial General Liability (including umbrella or excess liability):$1,000,000 per occurrence; bodily injury and property damage liability: $1,000,000 per offense; personal and advertising injury liability: $1,000,000 products and completed operations policy aggregate and $2,000,000 policy general aggregate applicable to lines other than products and completed operations. Business Auto Insurance with $1million/$2million aggregate. Employer’s Liability: $1,000,000 per accident for bodily injury by accident or disease, including $1,000,000 disease aggregate. Other insurance not specifically mentioned in the above paragraph when required by law or other regulations. Each insurance company of the Contractor or subcontractor must hold a current Certificate of Authority issued by the Director State Department of Insurance authorizing it to transact the appropriate kind of insurance business in the State. To be acceptable, the policy of the insurance must contain a provision committing the insurer to pay for covered acts and omissions regardless of the fact that the same acts or omissions by the Contractor or subcontractors, its agents and employees may be covered under the Federal Tort Claims Act. Each policy of insurance obtained by the Contractor shall also name the United States of America and the Tribe as an additional insured party to the policy by policy endorsement. If the insurer denies coverage of a claim, does not defend the claim or does not pay the claim, and the claimant sues the Contractor or the United States or both for the injury, the following will occur: the Contractor or the United States of America, or both, will tender the defense to the insurance company. If the insurance carrier does not defend, and the Contractor or the Tribe or the United States of America defends or settles the claim, the insurer shall pay to the insured party that pays the claim (Contractor, Tribe, or United States of America). The amount of payment by the insurer will be the amount of the claim plus the cost of the defense, up to, but not to exceed the policy limit. Each policy of insurance shall contain an endorsement providing for at least 30 days notice mailed (certified return receipt requested) to the appropriate official of the Contractor, and the Tribe before the effective date of any notice of any suspension, cancellation or non-renewal of the required insurance. A certificate of each policy of insurance and any changes therein, shall be furnished to the federal contracting officer and the Tribe immediately upon receipt from the insurance company. Insurance companies of the Contractor must be satisfactory to the Tribe and the federal contracting officer, if applicable. When in the Tribe or the federal Contracting Officer’s opinion an insurance company is not satisfactory for reasons Request for Proposals #2015-PW-001 Decanter Replacement and Misc. WWTP Improvements Big Cypress Seminole Indian Reservation Page 11 of 24 stated in writing, the Tribe or the federal Contracting Officer may recommend the Contractor obtain insurance through companies, which he/she deems satisfactory. Each policy of insurance shall contain a provision that the insurance carrier waives any rights which it may have to raise as a defense the Tribe’s sovereign immunity from suite, but such waiver shall extend only to claims in the amount and nature of which are within the coverage and limits of the policy of insurance. The policy shall contain no provision, either express or implied, that will serve to authorize or empower, the insurance carrier to waiver or otherwise limit the Tribe’s sovereign immunity outside or beyond the coverage and limits of the policy of insurance. b. BONDING: Performance and payment bonds with penal amounts equal to 100% and 50% respectively of the amount of the contract are required by law when the bid exceeds $25,000. Such bonds are not required if all work performed under this contract is solely performed by the Tribe or public non-profit corporations serving as a government instrumentality of the Tribe. Proof of public non-profit corporate status must be furnished to, and be satisfactory to the Awarding Official. All subcontractors performing work under this contract are subject to bonding requirements. Subcontractor bonds are to be made payable to the Contractor. Corporate sureties offered for bonds furnished with this contract must be original documents and must appear on the list contained in the Department of Treasury Circular 570, entitled “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies.” The requirement for payment and performance bonding will be waived, subject to Tribal Council approval, for Native American firms serving as sub-contractors. c. OTHER INSURANCE PROVISIONS: i. WAIVERS OF SUBROGATION – Contractor agrees to waive all rights of subrogation against the Tribe as respects loss, damage, claims, suits or demands, howsoever caused: To property, equipment, vehicles, laptops, cell phones, etc. owned, leased or used by the Contractor or the Contractor’s employees, agents or subcontractors; and To the extent such loss, damage, claims, suits or demands are covered, or should be covered, by the required or any other insurance (except professional liability to which this requirement does not apply) maintained by the Contractor. This waiver shall apply to all first party property, equipment, vehicle and workers compensation claims, and all third party liability claims, including deductibles or retentions which may be applicable thereto. If necessary, the Contractor agrees to endorse the required insurance policies to acknowledge the required waivers of subrogation in favor of the Tribe, the United States Department of the Interior, Bureau of Indian Affairs and the United States Department of Transportation Federal Highway Administration. Contractor further agrees to hold harmless and indemnify the Tribe, the United States Department of the Interior, Bureau of Indian Affairs and United States Department of Transportation Request for Proposals #2015-PW-001 Decanter Replacement and Misc. WWTP Improvements Big Cypress Seminole Indian Reservation Page 12 of 24 Federal Highway Administration for any loss or expense incurred as a result of Contractor’s failure to obtain such waivers of subrogation from Contractor’s insurers. ii. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of not less than A- VII, unless otherwise approved by the Tribe. iii. Verification of Coverage: Contractor shall furnish the Tribe with an Additional Insured endorsement evidencing the required coverage prior to the delivery of services to The Tribe. Certificates are to be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Renewal certificates are to be provided to the Tribe prior to the expiration of the required insurance policies. As an alternative to a certificate of insurance, Contractor’s broker or insurer may provide complete, certified copies of all required insurance policies, including endorsements necessary to affect coverage required by these specifications. 11. Vendor Application and Registration Program - Because the Seminole Tribe of Florida is engaged in Indian tribal gaming in accordance with the Indian Gaming Regulatory Act and the regulations promulgated by the National Indian Gaming Commission, the Tribe cannot engage in significant transactions with individuals or business entities whom, because of past or continuing activities, associations or reputation, might bring discredit to the Tribe and its gaming operations. Thus, the Tribe has adopted a program whereby it reviews significant transactions and the persons or entities involved with those transactions to assure compliance with all applicable laws and regulations relating to gaming. The selected Contractor will be required to submit a completed and fully executed Vendor Application and Registration Form to the Tribe’s Purchasing Department, if not already an approved vendor. Upon successful completion of an investigation into the past and current activities, associations, and reputation of the applicant, the Tribe will assign a vendor number and the vendor will be added to its Master Vendor file. The Tribe may not enter into any business transactions with any Contractor whose name does not appear on its Master Vendor file. 12. Non-Warranty of Specifications - Neither the Tribe nor its representatives shall be responsible for any assumption, error or omission in this RFP, nor for the failure on the part of the respondent to determine the full extent of the exposures. The responsibility for determining the full extent of the exposures to risk and verification of all information herein rests solely with the respondent. Due diligence has been exercised in the preparation of this RFP and all information contained herein is believed to be correct. 13. Contact Person – All questions submitted will be answered in a manner that all potential bidders will be able to view. Please direct all inquiries to Jacqueline Gonzalez, Seminole Tribe of Florida, 6300 Stirling Road, Hollywood, FL 33024, or at [email protected]. Bidders shall not contact any other employee of the Department for information with respect to this Request for Proposals. 14. Additional Items / Services - The Tribe may require additional items or services of similar nature, but not specifically listed in this RFP. The selected Contractor agrees to provide such items or Request for Proposals #2015-PW-001 Decanter Replacement and Misc. WWTP Improvements Big Cypress Seminole Indian Reservation Page 13 of 24 services, and shall provide the Tribe prices on such additional items or services based upon a formula or method that is the same or similar to that used in establishing the fees as a result of this Proposal. If the fees offered are not acceptable to the Tribe, and the situation cannot be resolved to the satisfaction of the Tribe, the Tribe reserves the right to procure those items or services from others. 15. Confidentiality / Non-Disclosure - Contractors shall treat any information contained in this RFP (or accumulated through other written or oral communication with the Tribe) as confidential information. Any information provided by the Tribe to Contractors in this RFP is to be used solely to permit Contractors to reply to the RFP and Contractors shall make no other use of the information, inclusive of sharing the information with corporate affiliates and subsidiaries without the prior written consent of the Tribe. Contractors shall hold the information contained in this RFP in strict confidence and the information obtained will not be disclosed to any third party, vendor affiliate or subsidiary, without the Tribe’s prior written consent. EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Bid Form Acknowledgement of Receipt of Addenda Statement of Qualifications Contractor Certification Regarding Debarment and Suspension Non-Collusion Affidavit of Prime Bidder Sub-Contractor List Bonds and Certification of Ability to Obtain Performance Bonds List of Recently Completed Projects and Contract Amounts List of References ATTACHMENTS A. General Requirements and Scope of Work B. Sample Construction Agreement C. Vendor Application EXHIBIT A BID FORM RFP #: 2015-PW-001 CONSTRUCTION SERVICES DECANTER REPLACEMENT AND MISCELLANEOUS WWTP IMPROVEMENTS AT THE BIG CYPRESS SEMINOLE INDIAN RESERVATION DESCRIPTION Sequencing Batch Reactor (SBR) Decanter Modifications UNIT LS SBR Basin Waste Sludge Piping Modifications LS Aeration Blower Discharge Piping Modifications LS Equalization Basin Submersible Pump Station Access Modifications Grit System Control Panel and Compressed Air Supply System Modifications Screened Wastewater Influent Piping Modifications LS PRICE PROPOSAL LS LS TOTAL PROPOSAL TOTAL PROPOSAL: (Written in words) The undersigned declares that he/she, having visited the site of the proposed project and familiarized itself with the nature and extent of the work, and having examined carefully the Drawings, Project Manual, Specifications, and other documents included in this RFP, understands the requirements of this RFP, and proposes to furnish all labor, materials, equipment and other items, facilities, and services for the proper execution of Bid Requirements. The bidder agrees to furnish all shop drawings, products, materials and equipment and performing all labor necessary to complete the scope of work. The Bidder further attest that the TOTAL PROPOSAL amount hereinproposed represents and includes the entirety of the work, fees, taxes, profit, overhead, general requirements, and general conditions, of the project as per the bid documents. The bidder will store at his (her) facility the building for up to 30 days prior to delivery to the Client’s site. Contractor may withdraw this proposal at any time prior to the date of the RFP opening. All proposals shall be irrevocable for a period of ninety (90) days from the date of the RFP opening. The undersigned further certifies that the unit prices reflected on the Bid Form are valid through _____________________, 2015. COMPANY NAME: _________________________________________ PROPOSED BY (PRINT): _________________________________________ SIGNATURE: _________________________________________ ADDRESS: _________________________________________ CITY/STATE: _________________________________________ ZIP CODE: ________ TELEPHONE: (_________) ______________________________ FAX: (_________) ______________________________ EMAIL: _________________________________________ EXHIBIT B ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA RFP #: 2015-PW-001 CONSTRUCTION SERVICES WWTP IMPROVEMENTS – DECANTER REPLACEMENT AND MISCELLANEOUS IMPROVEMENTS AT THE BIG CYPRESS SEMINOLE INDIAN RESERVATION Bidder acknowledges receipt of the following Addenda: Addendum No. 1, dated: Addendum No. 2, dated: Addendum No. 3, dated: Addendum No. 4, dated: Addendum No. 5, dated: Addendum No. 6, dated: COMPANY NAME: _________________________________________ BY (PRINT): _________________________________________ TITLE: _________________________________________ SIGNATURE: _________________________________________ ADDRESS: _________________________________________ CITY/STATE: _________________________________________ ZIP CODE: ______________ TELEPHONE: (_________) ______________________________ FAX: (_________) ______________________________ EMAIL: _________________________________________ ATTEST: _________________________________________ TITLE/SEAL: _________________________________________ Note: Attest for a corporation must be by the corporate secretary; for a partnership by another partner; for an individual by a notary. Note: If the Bidder is a corporation, the Bid shall be signed by an officer of the corporation; if a partnership, it shall be signed by a partner. If signed by others, authority for signature shall be attached. EXHIBIT C STATEMENT OF QUALIFICATIONS RFP #: 2015-PW-001 CONSTRUCTION SERVICES WWTP IMPROVEMENTS – DECANTER REPLACEMENT AND MISCELLANEOUS IMPROVEMENTS AT THE BIG CYPRESS SEMINOLE INDIAN RESERVATION The undersigned guarantees the truth and accuracy of all statements and answers herein contained. 1. How many years has your organization been in business as a General Contractor? 2. What is the last project of this nature you have completed? 3. Have you ever failed to complete work awarded to you: If so, where and why? 4. Name three individuals or corporations for which you have performed work and to which you refer? 5. List of the following information concerning all contracts on hand as of the date of submission of this proposal: (In case of co-venture, list of the information for all co-ventures). Name of Project Owner Total Contract Value Contracted Date of Completion % Completion to Date (Continue list on inset sheet, if necessary) 6. Have you personally inspect the proposed work and have a complete plan for its performance? 7. Will you sublet any part of this work? If so, please list subcontractors and subject scope of work. 8. What equipment that you own that is available for the work? 9. What equipment will you purchase for the proposed work? 10. What equipment will you rent for the proposed work? 11. The following is a given summary of the Financial Statement of the undersigned: (List of assets and liabilities and use of insert sheet if necessary.) 12. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business, and the address of the place of business. (If a corporation, state the name of the President and Secretary. If a partnership, state the name of all the partners. If a trade name, state the names of the individuals who do business under the trade name. It is absolutely necessary, that this information be furnished.) CORRECT NAME OF BIDDER a. The business is a (Sole Proprietorship) (Partnership) (Corporation) b. The address of principal place of business is c. The names of the corporate officers , or partners, or individuals doing business under a trade name, are as follows: _____________________________________ BIDDER EXHIBIT D CONTRACTOR CERTIFICATION REGARDING DEBARMENT AND SUSPENSION RFP #: 2015-PW-001 CONSTRUCTION SERVICES WWTP IMPROVEMENTS – DECANTER REPLACEMENT AND MISCELLANEOUS IMPROVEMENTS AT THE BIG CYPRESS SEMINOLE INDIAN RESERVATION The undersigned as an officer and an authorized representative of Contractor certifies that Contractor and it principals: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. BUSINESS NAME: ________________________________________ BY: ______________________________________________ Signature of Authorized Representative ______________________________________________ Typed Name & Title of Authorized Representative DATE: _______________________________ _______ I am unable to certify to the above statements. My explanation is attached. EXHIBIT E NON-COLLUSION AFFIDAVIT OF PRIME BIDDER RFP #: 2015-PW-001 CONSTRUCTION SERVICES WWTP IMPROVEMENTS - DECANTER REPLACEMENT AND MISCELLANEOUS IMPROVEMENTS AT THE BIG CYPRESS SEMINOLE INDIAN RESERVATION The Bidder hereby declares that the undersigned is the person or persons responsible within the firm for the final decision as to the price(s) and amount of this bid and the Bidder further declares that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. 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 bidder on this project, and will not be so disclosed prior to the bid opening. 3. No attempt has been made or will be made to solicit, cause, or induce any firm or person 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. 4. The bid is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any other firm or person to submit a complementary bid. 5. The Bidder has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised, or paid cash or anything of value to any other Bidder or person, whether in connection with this or any other project, in consideration for an agreement or promise by any other firm or person to refrain from bidding or to submit a complementary bid on this project. 6. The Bidder has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any other firm or person, and has not been promised or paid cash or anything of value by any other firm or person, whether in connection with this or any other project, in consideration for the firm's submitting a complementary bid, or agreeing to do so, on this project. 7. The Bidder has made a diligent inquiry of all members, officers, employees, and agents of the Bidder with responsibilities relating to the preparation, approval or submission of the 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, act, or other conduct inconsistent with any of the statements and representations made in this Declaration. BUSINESS NAME: _______________________________________ BY: _____________________________________________________ Signature of Authorized Representative TITLE: ___________________________________________ DATE: ____________________ EXHIBIT F SUB-CONTRACTOR LIST RFP #: 2015-PW-001 CONSTRUCTION SERVICES WWTP IMPROVEMENTS – DECANTER REPLACEMENTS AND MISCELLANEOUS IMPROVEMENTS AT THE BIG CYPRESS SEMINOLE INDIAN RESERVATION Date: (Seal) Prime Contractor: Contractor By: __________________________________________ IF CORPORATION, AFFIX SEAL Prime Contractor Federal Employer Identification Number (FEIN): Address Subcontract to Whom Work Description Partial FEIN Tier Change Subcontractor Name Total Amount Subcontracted DBE / Non DBE Total Contract Amount: Total All pertinent provisions and requirements of the prime contract, including but not limited to, Required Contract Provisions Federal-Aid Construction Contracts (FHWA-1273) and Special Provisions – Specific Equal Opportunity Responsibilities (Per 23 CFR 633B of Federal-Aid Policy Guide) will be part of the subcontract. It is agreed that an Executed or a certified copy of the subcontract will be submitted upon request to the Seminole Tribe of Florida Environmental Resource Management Department. All subcontracts will be in continued compliance with all Contract provisions and that the Contractor will continue to perform the minimum percentage of Contract work within its own organization, as required by said Contract. It is recognized and agreed that, as prime contractor, the undersigned remains responsible for the proper performance of all requirements of said contract does not relieve or release the undersigned and his surety or either of them of any liability under the contract bond. The Contractor shall send a copy of this form to the subcontractor subordinate (with a copy of FHWA-1273) on Federal-Aid Projects and the Surety Company. The Prime Contractor certifies that firms or individuals, debarred or suspended by the Federal government are not being used as subcontractors. A false statement or omission made in connection with this certification is sufficient cause for suspension, revocation or denial of qualification to bid, and a determination of non-responsibility, and may subject the person and/or entity making the false statement to any civil and criminal penalties available pursuant to applicable Federal and Tribal law. State of Florida County of ________________ Sworn to and subscribed before me this ____ day of __________________, _______. By ___________________________________. (Print name of person signing Form) ______________________________________ Notary Public ______________________________________ Commission Expires Personally Known _____ OR Produced Identification _____ Type of Identification Produced EXHIBIT G BONDS AND CERTIFICATION OF ABILITY TO OBTAIN PERFORMANCE BONDS RFP #: 2015-PW-001 CONSTRUCTION SERVICES WWTP IMPROVEMENTS - DECANTER REPLACEMENT AND MISCELLANEOUS IMPROVEMENTS AT THE BIG CYPRESS SEMINOLE INDIAN RESERVATION Insert STOF Bond Form EXHIBIT G BONDS AND CERTIFICATION OF ABILITY TO OBTAIN PERFORMANCE BONDS RFP #: 2013-PW-00X PROJECT#: 13-BR-SE-0009 CONSTRUCTION SERVICES FORCE MAIN INSTALLATION - NORTH BRIGHTON SEMINOLE INDIAN RESERVATION Exhibit G - Bond Form Exhibit G - Bond Form Exhibit G - Bond Form Exhibit G - Bond Form Exhibit G - Bond Form Exhibit G - Bond Form EXHIBIT H LIST OF RECENTLY COMPLETED PROJECTS AND CONTRACT AMOUNTS RFP #: 2015-PW-001 CONSTRUCTION SERVICES WWTP IMPROVEMENTS - DECANTER REPLACEMENT AND MISCELLANEOUS IMPROVEMENTS AT THE BIG CYPRESS SEMINOLE INDIAN RESERVATION Provide the required information for a minimum of three (3) separate and verifiable projects. The work listed must be similar in nature to that specified in the solicitation. 1. Client Name: ______________________________________________________ a. Client Address b. Client Phone c. Contact Person d. Project Name e. Location of Project f. Description of Project g. Project Performance Date 2. Client Name: ______________________________________________________ a. Client Address b. Client Phone c. Contact Person d. Project Name e. Location of Project f. Description of Project g. Project Performance Date 3. Client Name: ______________________________________________________ a. Client Address b. Client Phone c. Contact Person d. Project Name e. Location of Project f. Description of Project g. Project Performance Date EXHIBIT I LIST OF REFERENCES RFP #: 2015-PW-001 CONSTRUCTION SERVICES WWTP IMPROVEMENTS - DECANTER REPLACEMENT AND MISCELLANEOUS IMPROVEMENTS AT THE BIG CYPRESS SEMINOLE INDIAN RESERVATION Provide the required information for a minimum of three (3) separate and verifiable references. 1. 2. 3. Reference 1: a. Name b. Address c. Phone Number d. Fax Number e. Email Address Reference 2: a. Name b. Address c. Phone Number d. Fax Number e. Email Address Reference 3: a. Name b. Address c. Phone Number d. Fax Number e. Email Address ATTACHMENT A SECTION 01001 GENERAL REQUIREMENTS PART 1 1.01 1.02 GENERAL DEFINITIONS A. Owner: The Seminole Tribe of Florida (STOF). B. Engineer/Contractor, or Contractor: Entity under Contract to STOF to perform portions of the Work and/or to supply equipment. C. Owners Agent: CH2M HILL (CH2M HILL), 225 Robinson St., Suite 505, Orlando, Florida 32801. D. Vendor/Supplier: Entity under Contract to STOF to perform portions of the Work and/or to supply equipment. E. The Project Site is located at the Big Cypress Seminole Indian Reservation, 30000 Rabbit Run, Clewiston, FL 33440 F. Substantial Completion: As defined in the Contract or Purchase Order. G. Final Completion: As defined in the Contract or Purchase Order. REFERENCE TO STANDARDS AND SPECIFICATIONS OF TECHNICAL SOCIETIES A. Work specified by reference to published standard or specification of government agency, technical association, trade association, professional society or institute, testing agency, or other organization shall meet requirements or surpass minimum standards of quality for materials and workmanship established by designated standard or specification. B. Where so specified, products or workmanship shall also meet or exceed additional prescriptive or performance requirements included within Contract Documents to establish a higher or more stringent standard of quality than required by referenced standard. C. Where two or more standards are specified to establish quality, product and workmanship shall meet or exceed requirements of most stringent. D. Where both a standard and a brand name are specified for a product in Contract Documents, proprietary product named shall meet or exceed requirements of specified reference standard. E. Copies of standards and specifications of technical societies: GENERAL REQUIREMENTS 01001 - 1
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