RFP 2022-CM005 – Transportation New Building

PBPN Request for Proposal – 2022-CM005 Page 1 of 44 Transportation Department Building – Design / Build PRAIRIE BAND POTAWATOMI NATION 16281 Q ROAD MAYETTA, KS 66509 REQUEST FOR PROPOSAL “PBPN – Transportation Department Building – Design / Build” SUBMISSION DEADLINE: December 21st, 2022 @ 3:00 PM (CST) Late submissions will not be considered. Electronic bid submittals only. SUBMIT TO: PBPN Procurement Office procurement@pbpnation.org Prairie Band of Potawatomi Nation 16281 Q Road, Mayetta, KS 66509 Phone: (785)966.4000 ● Fax: (785)966.3062 mailto:procurement@pbpnation.org PBPN Request for Proposal – 2022-CM005 Page 2 of 44 Transportation Department Building – Design / Build REQUEST FOR PROPOSAL(S) SOLICITATION NUMBER: 2022-CM005 SOLICITATION DUE DATE / TIME: December 21st, 2022 @ 3:00 PM (CST) SUBMITTAL LOCATION: Electronic Bid Submittals Only DESCRIPTION:

Transportation Building – Design / Build PRE- BID TELECONFERENCE: 11/30/2022 10:00 AM Teleconference DATE TIME LOCATION In accordance with PRAIRIE BAND POTAWATOMI NATION (PBPN or Nation) procurement policies, bids for the services specified will be received by PBPN at the e-mail address provided for in this Bid event. Bids received by the due date and time will be opened. The name of each Bidder will be publicly available. Bids must be submitted to the PBPN on or prior to the date and time indicated. Late bids will not be considered. It is the responsibility of the bidder to provide a company email address and routinely check with the PBPN Representative for Solicitation Amendments. Additional instructions for preparing a bid are included in this solicitation. BIDDERS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE SOLICITATION Michael Tamez PBPN – Senior Procurement Specialist 16281 Q Road Mayetta, Kansas 66509 Telephone: (785)966- 3970 michaeltamez@pbpnation.org Prairie Band of Potawatomi Nation 16281 Q Road, Mayetta, KS 66509 Phone: (785)966.4000 ● Fax: (785)966.3062 mailto:michaeltamez@pbpnation.org PBPN Request for Proposal – 2022-CM005 Page 3 of 44 Transportation Department Building – Design / Build PRAIRIE BAND POTAWATOMI NATION NARRATIVE 1. INTRODUCTION The Prairie Band Potawatomi Nation (PBPN) is a federally recognized Indian tribe of more than 4,586 enrolled Tribal members and approximately 300 Tribal employees. With the 1996 opening of the PBPN Casino, the tribe has provided over 191 tribal homes fully occupied on the reservation as well as the Tribe’s government offices, Police and Fire Stations, Boy & Girls Club facility, Health Center, Behavioral Health Center, Early Childhood Education, Senior Center, Language Program building, the PB Construction Inc., Firekeeper Golf Course, Nation Station Convenience store and several other enterprises. 2. BACKGROUND The PBPN’s reservation established by the 1846 treaty is located in Northeast Kansas. PBPN has 56 commercial structures with an active Tribal government serving its membership with a full range of services including fire, police, sanitation, public improvements, health and social services, childcare, planning and zoning and general administrative services. The PBPN government has a Council form of government. The Tribal Council is comprised of the Chairman and six (6) Council members elected by the Nation’s General Council. The General Council consists of all enrolled members of the Nation who are 18 years of age or older meeting in a general council. The Tribal Council members are elected at large every four years with staggered terms. The Council is the legislative body of the Tribal government with the Chairman as the presiding officer. A General Manager is appointed by the Council and administers the daily operations of the Tribal government through appointed department heads. The General Council has the responsibility for oversight and regulation of the Nation’s government. PBPN Request for Proposal – 2022-CM005 Page 4 of 44 Transportation Department Building – Design / Build 1. SECTION ONE - GENERAL INFORMATION 1.1. Purpose for Request for Proposal (RFP) The Prairie Band Potawatomi Nation (PBPN) Construction Management Department is issuing this Request for Proposal (RFP); to initiate the selection of a Design/Build (DB) team/entity to enter into an agreement with the Owner to perform design and construction services. These services are to be performed using the Progressive Design/Build (PDB) delivery method for constructing a new approximately 2,520 sq. ft. Transportation building to be located at 15492 K Road, Mayetta, KS. 1.2. Project Location 15492 K Road, Mayetta, KS 66509 1.3. Proposal Guidelines This request for Proposal represents the requirements for an open and competitive process. Proposals will be accepted by e-mail until December 21st, 2022 3:00 PM, (CST). Any proposals received after this date and time will not be considered. All proposals must be signed by an official agent or representative of the company submitting the proposal. If an organization submitting a proposal outsources or contracts any work to meet the requirements contained herein, this must be clearly stated in the proposal. Additionally, all costs included in the proposals must be all-inclusive to include all outsourced or contracted work. Any proposals which call for outsourcing or contract work must include a name and description of the organizations being contracted and type of work to be performed. All costs must be itemized to include an explanation of all fees and costs. 1.4. Pre-Bid Teleconference 1.4.1. A Pre-Bid Teleconference meeting will be held on November 30th, 2022 at 10:00 AM (CST) local time. Details of the telecom meeting are as follows: Join Zoom Meeting https://us06web.zoom.us/j/89618951135?pwd=Vk9pb1U0Qmh5T2gyTFUyYndpQ3NMdz09 Meeting ID: 896 1895 1135 Passcode: 901231 888 475 4499 US Toll-free 1.4.2. The purpose of the teleconference meeting is to clarify the contents of this solicitation and the procurement process to prevent any misunderstanding of the project, and to respond to any immediate questions that Contractor may have about this RFP. A list of persons in attendance at the pre-Proposal meeting will be recorded. 1.4.3. Any doubt as to the requirements of this Proposal (RFP) or any apparent omission or discrepancy should be presented to the Nation at this conference. 1.4.4. A bidder may not rely on any verbal responses to questions at the conference. Material issues raised at the conference that result in changes to the Solicitation shall be answered solely through a Solicitation Amendment. https://us06web.zoom.us/j/89618951135?pwd=Vk9pb1U0Qmh5T2gyTFUyYndpQ3NMdz09 PBPN Request for Proposal – 2022-CM005 Page 5 of 44 Transportation Department Building – Design / Build 1.4.5. Persons with Disabilities: With seventy-two (72) hours prior notice, persons with disabilities may request special accommodations such as interpreters, alternative formats, or assistance with physical accessibility. Such requests are to be addressed to the Solicitation contact person named below. 1.4.6. No oral communication from or with the Owner Contact, Tribal employee individuals or Tribal official concerning the Project during the Procurement process is allowed, except during the Pre- Bid Teleconference meeting and Question inquiry phase. A violation of this may result in disqualification of the proposer. 1.5. Project Scope of Work The project scope of work is attachment “A.” 1.6. Attachment – Table of Contents 1.6.1. Attachment A – Scope of Work 1.6.2. Attachment B – Budget Worksheet (to be submitted as a separate PDF file) 1.6.3. Attachment C – Drug Free Workplace Certification 1.6.4. Attachment D – PBPN Disbarment Disclosure 1.6.5. Attachment E – References 1.6.6. Attachment F – RFP Submission Checklist 1.6.7. Attachment G – PBPN Business License Application 1.6.8. Attachment H – Geo-Technical Final Report 1.6.9. Attachment I – PBPN Building Permit Fee Schedule 1.6.10. Attachment J – PBPN Approved Building Codes List 1.6.11. Attachment K - Prevailing Wage Rates (Davis Bacon) 1.6.12. Attachment L - PBPN Preferred Vendor & Material List 1.6.13. Attachment M – Map of proposed building location 2. SECTION TWO – REQUIREMENTS 2.1. Project 2.1.1. The selected contactor will commence with service upon completion of the required PBPN Contracts listed here. 2.1.1.1. AIA 141 Design Build Contract 2.1.1.2. AIA 141 Exhibit B 2.1.1.3. PBPN Additional Terms and Conditions 2.1.2. The selected contractor shall be given access to relevant documents to assess the needs of PBPN. 2.1.3. The Contractor shall re-execute any work that fails to conform to the requirements of this contract. Such re-execution of work shall be the sole responsibility of the Contractor (including all associated cost). 2.1.4. PBPN reserves the right to request all responsible and responsive Bidder to provide a demonstration, presentation and overview of the Bidders proposal which will be scheduled after the Request for Proposal close date. PBPN Request for Proposal – 2022-CM005 Page 6 of 44 Transportation Department Building – Design / Build 2.1.4.1. Demonstrations/Presentations will be conducted at the PBPN Administration Conference Room. 2.1.4.2. PBPN will arrange the format, date, time, and place for the presentation and notify each Bidder. 2.1.4.3. Demonstration/Presentation shall be provided at no expense to PBPN. 2.1.4.4. Demonstration/Presentation will be limited to the time stated in the PBPN invitation. 2.2. Project Delivery and Stipulations The price and contract will be procured using the PBPN Procurement’s Competitive Sealed Bidding Process as described in PBPN Procurement Policy procedures as it has been determined to be the most appropriate method of contracting for the subject project. 2.3. Solicitation Inquiries 2.3.1. Duty to Examine It is the responsibility of each Bidder to examine the entire Solicitation, seek clarification in writing (inquiries) and examine its Bid for accuracy before submitting a Bid. Lack of care in preparing a Bid shall not be grounds for modifying or withdrawing after the due date and time. 2.3.2. Solicitation Contact Person Any inquiry related to a Solicitation, including any request for or inquiries regarding standards referenced in the Solicitation shall be directed solely to the Procurement Office. 2.3.3. Submission of Inquiries 2.3.3.1. All inquiries related to the Solicitation are required to be submitted to the Procurement office and emailed to michaeltamez@pbpnation.org 2.3.3.2. All responses to inquiries will be answered by email. 2.3.3.3. Any inquiry related to the Solicitation should reference the appropriate solicitation page and paragraph number. 2.3.3.4. Bidders are prohibited from contacting any PBPN department/employee other than the Finance Director and/or the Procurement Officer concerning the procurement while the solicitation and evaluation are in process. 2.3.4. Timeliness 2.3.4.1. Any inquiry or exception to the Solicitation shall be submitted as soon as possible and should be submitted no later than December 12th, 2022 for review and determination. 2.3.4.2. Failure to do so may result in the inquiry not being considered for a Solicitation mailto:michaeltamez@pbpnation.org PBPN Request for Proposal – 2022-CM005 Page 7 of 44 Transportation Department Building – Design / Build Amendment. 2.3.5. Solicitation Amendments 2.3.5.1. All Solicitation Amendments shall only be modified by a Solicitation Amendment and issued by mail or email. 2.3.5.2. The Procurement Officer will respond to any questions and requests for clarification that were posed in writing or at the pre-bid meeting or site visit. 2.3.5.3. Clarification, modifications, or amendments may be made to this request at any time prior to the Bid Deadline at the Nation’s discretion. The response shall be in the form of a written addendum issued to all interested bidders. 2.3.5.4. All bidders shall acknowledge receipt of any addenda by email to the PBPN’s Procurement Office. 2.3.5.5. The Procurement Officer shall make all reasonable attempts to ensure that all interested bidders receive any written addenda to this request. 2.3.5.6. Failure to acknowledge a Solicitation Amendment may result in rejection of the Bid. 2.3.6. Bid Amendment or Withdrawal 2.3.6.1. Bids may only be withdrawn by written notice prior to the date and time set for the opening of Bids. 2.3.6.2. A bid may not be amended or withdrawn after the bid due date and time except as otherwise provided under applicable PBPN Procurement Policy. 2.3.7. Confidential and Proprietary Information 2.3.7.1. If a Bidder believes that ANY portion of a bid, protest, or correspondence contains a trade secret or other proprietary information submitted is confidential and the release of such information could be detrimental to the Bidder, the Bidder shall separate such information and clearly label and designate the trade secret and other proprietary information, using the term “confidential.” 2.3.7.2. The “Confidential” label documents will be held in confidence by PBPN, and reasonable care will be taken to ensure they are not released (unless required by law), without prior authorization of the Bidder. 2.3.8. Public Record All bids submitted and opened are public records and must be retained by PBPN for a period of three (3) years. Bids shall be open and available to public inspection through PBPN’s Procurement Office ten (10) days after the awarded contract, except for such bids deemed to be confidential by the Tribe. PBPN Request for Proposal – 2022-CM005 Page 8 of 44 Transportation Department Building – Design / Build 2.3.9. Non-collusion, Employment and Services By signing the official contract form, the Bidder certifies that: 2.3.9.1. The Bidder did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of its bid; and 2.3.9.2. The Bidder does not discriminate against any employee or applicant or employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability and that it complies with an applicable federal state and local laws and executive orders regarding employment. 2.3.10. Formal Contract The contractor shall meet all the requirements to establish a AIA A141 Design/Build Contract with the Procurement Office. 2.3.11. Disclosure If the person submitting this bid has been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the Bidder shall fully explain the circumstances relating to the preclusion or proposed preclusion in the Bid (Attachment D). The Bidder shall set forth the name and address of the governmental unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above shall be provided. In addition to the foregoing, Bidder shall complete and submit Attachment C, Drug-Free Workplace Certification. 2.3.12. Delivery Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all freight, delivery and unloading at the destination(s). 2.3.13. Care of Nation’s Property 2.3.13.1. The Contractor shall be responsible for the proper care and custody of any Nation-owned personal tangible property and real property furnished for the Contractor’s use in connection with the performance of his/her work, and 2.3.13.2. Contractor shall reimburse the Nation for such property’s loss or damage caused by the Contractor, normal wear and tear excepted. PBPN Request for Proposal – 2022-CM005 Page 9 of 44 Transportation Department Building – Design / Build 2.4. Project Timeline 2.4.1. The PBPN reserves the right to make changes or alterations to the schedule in the best interest of the Project. 2.4.2. Contractor will be notified sufficiently in advance of any changes or alterations in the schedule. 2.4.3. Each bid must be signed by an authorized officer or individual of the Bidder’s company. 2.4.4. As part of their responses, Bidders shall indicate a single point of contact for any subsequent communications. 2.4.5. Unless otherwise notified in writing, the dates indicated below for submission of items or for other actions on the part of a Bidder shall constitute absolute deadlines for those activities and failure to fully comply by the time stated shall cause a Bidder to be disqualified as non-responsive. November 18th, 2022 Legal Notice November 18th, 2022 Public/Private Advertisement of RFP November 30th, 2022 @ 10:00 AM (CST) Pre-Bid Teleconference Meeting November 30th, 2022 Amendments to RFP December 7th, 2022 Deadline for Submission of Questions December 12th, 2022 Answers to Submitted Questions – Final December 21st, 2022 @ 3:00 PM (CST) Proposals Due December 21st, 2022 @ 3:30 PM (CST) Opening of Proposals Submitted TBD Evaluations of Proposals TBD Notice of Award 2.5. Budget All proposals must include proposed costs to complete the tasks described in the project scope. 2.5.1. Provide a guaranteed budget (see Attachment B) for services listed in the Scope of Work (Attachment A). Budgets should be clearly defined to ensure bids proposed can be compared and evaluated. Bids shall be valid for a minimum of 180 days following submission. This form must be submitted in a separate PDF file containing the price bid. 2.5.2. Cost of Bid Preparation 2.5.2.1. The cost of preparing, developing, and submitting the bid is entirely the responsibility of the Bidder. 2.5.2.2. PBPN will not reimburse any Bidder the cost of responding to the Solicitation. 2.5.3. The PBPN reserves the right to negotiate the fees proposed by the bidder. 2.5.4. This project is funded by a grant through the Federal Transportation Authority (FTA) and multiple regulations are required to be followed to use these funds. 2.5.4.1. Please Reference Attachment “A” Scope of Work 1. Narrative for further details. PBPN Request for Proposal – 2022-CM005 Page 10 of 44 Transportation Department Building – Design / Build 2.5.4.2. This contract DOES require the contractor to satisfy the requirement of the Davis Bacon Act of 1931, a federal law that establishes the requirement for paying the local prevailing wages with respect to the employees working in connection with the contracted. 2.6. Pricing and Taxes 2.6.1. Bidder’s best pricing, for the term of this Contract, the prices and discounts will be equal to or better than the lowest price and largest discounts, both separately and in combination, at which Bidder sells equivalent items of equipment and materials. 2.6.2. All prices and rates to the extent they differ from those exhibited by the Bidder, shall be valid for the entire term of the Contract, and shall not be subject to revision for inflation, or any changes to wages, taxes or other costs that Bidder may be obliged to incur that may be higher than those which it contemplated when proposing the relevant price or rate. 2.6.3. The Nation is exempt from paying Kansas State sale and use Taxes and Federal Excise Tax for direct purchases. These taxes shall not be included in the Bidder’s price quotation. 3. SECTION THREE - INSTRUCTIONS TO BIDDERS 3.1. Bid Content Bids must be organized according to the mandatory sections listed below. Bids that do not address all the mandatory sections listed below may be considered non-responsive and may not be evaluated. Bids should be of sufficient length and details to demonstrate the bidder has a thorough understanding of the skills necessary to deliver the services requested. 3.2. Bidders responding to this Solicitation must submit a digital file formatted in accordance with 3.5.1 below by emailing an electronic copy to the Procurement Office at: procurement@pbpnation.org 3.3. The fixed fee bid, including Attachment B, described in Page 7 below shall be submitted as a separate PDF. 3.4. On each document, insert a footer that specifies: Name of Bidder, Name of the Attachment, the Solicitation number, and Page number. The Procurement Office will not respond to any inquiries received in any other manner. 3.5. Bids must be received before the due date and time stated in the solicitation. Bids submitted outside the stated requirements or those that are received after the due date and time shall be rejected. 3.5.1. For the digital files required pursuant to Section 3.2 above, only files that are Microsoft Word Documents, Excel Workbooks, PowerPoint presentations and/or Adobe Acrobat documents will be accepted. Any other format will need advance approval before submitting your files. 3.5.2. Each bid shall include a document page for each response section. 3.5.3. The material shall be in sequence and organized as outlined in section 3.4 (below) as related to the RFP. mailto:procurement@pbpnation.org PBPN Request for Proposal – 2022-CM005 Page 11 of 44 Transportation Department Building – Design / Build 3.5.4. Failure to include the requested information may have a negative impact on the evaluation of the Bidder’s bid. 3.6. The bid shall be organized in the following manner: 3.6.1. Cover and Table of Contents 3.6.2. Page 1- Letter of Interest 3.6.2.1. Provide a letter of interest describing your interest for this project (2 pages minimum) and any changes to the format or deletions of requested materials should be explained in the cover letter. Please include the following in your cover letter: 3.6.2.1.1. Describe why your firm considers itself to be best qualified to master the project and perform the work required in a responsive manner, 3.6.2.1.2. Describe how the delivery of services will be provided to the Tribe including the location of the Respondent’s offices and expected response times to the Tribe’s requests, 3.6.2.1.3. Describe those conditions, constraints, or problems that are unique to the scope of work that may adversely affect either cost or delivery dates, and 3.6.2.1.4. If the Bidder is proposing to joint partner with another principal firm, the cover letter must specify the type of services to be provided by each firm. 3.6.2.1.5. Include a statement that the Bidder’s bid, including bid prices, will be considered firm for ninety (90) to one-hundred twenty (120) days after submission of the bid. 3.6.3. Page 2 - Company Profile 3.6.3.1. Provide a company profile including principal areas of expertise and experience providing services to Tribal communities, include an organizational chart depicting the management of the firm’s organization and its relationship to any other business entity. 3.6.3.2. The information provided will be used to evaluate the Respondent’s financial stability and its ability to support the commitments set forth in the bid. 3.6.3.3. PBPN, as its option, may require the Respondent to provide additional support and/or clarify requested information. 3.6.3.4. Bids must include the following information: 3.6.3.4.1. Date, jurisdiction, and type of business organization (close, general or S Corporation, LLC or PLLC, Sole proprietorship), 3.6.3.4.2. Federal and State Tax ID numbers, PBPN Request for Proposal – 2022-CM005 Page 12 of 44 Transportation Department Building – Design / Build 3.6.3.4.3. Names of Owners, Principals and/or Officers, 3.6.3.4.4. Civil or Criminal claims, judgments, or suits within the last ten (10) years, 3.6.3.4.5. Evidence of the firm’s financial wherewithal to complete the project, 3.6.3.4.6. The name, title, email address, mailing address, fax and telephone numbers of the officer authorized to represent the Broker in any correspondence, negotiations and sign any contract that may result, 3.6.3.4.7. The Project Manager’s name, title, email address, mailing address, fax, and telephone number. 3.6.4. Page 3 – Project Understanding and Approach 3.6.4.1. Provide a thorough statement of work describing your understanding of the project and preliminary approach, methodology, time frames and plan to deliver the services requested. It is important to demonstrate the ability to advocate for PBPN while maintaining professional relationships throughout the project. 3.6.5. Page 4 – Company Experience and qualifications. All firms are requested to provide the following information (2 pages maximum for items 3.6.5.1 – 3.6.5.6). 3.6.5.1. Address and phone numbers of all company offices, 3.6.5.2. Brief description of company history and key services, 3.6.5.3. Number of years in business, 3.6.5.4. Types of services provided, 3.6.5.5. List and describe all claims, lawsuits, or legal settlements within the past five (5) years, and those that are currently pending, and 3.6.5.6. Number of full and part-time employees. 3.6.5.7. References for the contractor (and not for its sub-contractors or joint venturers), in the form specified in Attachment E, from at least three (3) previous projects of comparable size and scope must be provided as proof of experience. Please provide references for the following types of customers: 3.6.5.7.1. New customers, and discuss their conversion experiences, 3.6.5.7.2. Ongoing customers and discuss what is working well and how you have solved problems, 3.6.5.7.3. A client that your firm recently lost and describe the circumstances, and PBPN Request for Proposal – 2022-CM005 Page 13 of 44 Transportation Department Building – Design / Build 3.6.5.7.4. A Native American Tribe or Sovereign Indian Nation. 3.6.6. Page 5 - Technical Qualifications 3.6.6.1. Bidders shall identify a Project Coordinator who shall be a primary contract person for the PBPN Procurement office in discussing work that needs to be completed, 3.6.6.2. Bidders shall provide a detailed description of the Project Coordinator’s function and how they will accomplish the minimum tasks listed in the Scope of Work. 3.6.7. Page 6 – Professionalism 3.6.7.1. Candidate has affirmed facilitation of communication, decision maker, pro- active responsibilities, competency, ethical principles and demonstrates trustworthy quality, and 3.6.7.2. Demonstrates the ability to collaborate with Tribal communities, entities and/or organizations. 3.6.8. Page 7 – Cost Proposal (submitted as a separate PDF) 3.6.8.1. Provide an all-inclusive pricing to include but not limited to, all labor, materials, labor rate, labor benefits, payroll burden, insurances, workers’ compensation fee, profit, overhead and all other related cost factors for the life of this contract. 3.6.8.2. The firm may not bill the Tribe for any other products or services without the Tribe Procurement and Purchasing approval. 3.6.8.3. Bidders shall provide a budget sheet (Attachment B). 3.6.8.4. As noted above in Section 3.3, this item must be submitted separately in PDF format. 3.7. Submission of Bid 3.7.1. Bid Submission Due Date and Time: Only emailed proposals will be accepted. Bid proposals are to be submitted via email to procurement@pbpnation.org by December 21st, 2022. Subject line of the email must contain Bid 2022-CM005 and your company name. Bidder's proposal shall consist of two (2) separate documents: A Technical Proposal, including the cover and table of contents, pages 1-6 referenced above, required forms, applicable literature, and other supporting documents, in Microsoft® Word, Excel or searchable PDF®. The Technical Proposal file is to be named “Company Name - Bid 2022-CM005 Technical Proposal” A Cost Proposal, Attachment B, in Microsoft® Word, Excel or searchable PDF. The Cost Proposal file is to be named “Company Name - Bid 2022-CM005 Cost Proposal” mailto:procurement@pbpnation.org PBPN Request for Proposal – 2022-CM005 Page 14 of 44 Transportation Department Building – Design / Build Bidder’s proposal shall be received no later than 3:00 PM, Central Time, on the closing date. It is the bidder's responsibility to ensure bids are received by the closing date and time. Delays in email delivery shall not excuse late bid submissions. It is the bidder’s responsibility that the file size does not exceed maximum limits and the emails have been received. Faxed, mailed, and telephoned proposals are not accepted. Proposals received prior to the closing date shall be kept in a secured file until closing. The Nation shall not be responsible for the premature opening of a proposal or for the rejection of a proposal that was not received prior to the closing date because it was not properly identified on the email. Late Technical and/or Cost Proposals will not receive consideration. 3.7.2. Bids shall be received before the due date and time stated in the solicitation. Bids submitted outside of the stated submission requirements or those received after the due date and time shall be rejected. 3.7.3. Bid and Acceptance The Bid and Acceptance for this RFP shall be signed with a signature by the person authorized to sign the Bid and shall be submitted to the Procurement Office with the solicitation no later than five (5) days prior to the initial start date. 3.7.4. Solicitation Amendment A Solicitation Amendment shall be acknowledged to the PBPN Procurement/Purchasing Office no later than the Bid due date and time. Failure to acknowledge the Solicitation Amendment may result in rejection of the Bid. 3.7.5. Bid Amendment or Withdrawal: A bid may not be amended or withdrawn after the bid due date and time except as otherwise provided under applicable tribal policy or resolution. 3.7.6. Public Record: All bids submitted and opened are public records and shall be retained by the PBPN Procurement/Purchasing Office for a period of three (3) years. Bids shall be open and available for public inspection through the PBPN Procurement/Purchasing office ten (10) days after the award has been made. 3.8. Bid Opening 3.8.1. Bids received by the due date and time will be opened within one-half (1/2) hour of the closing date and time. 3.8.2. The name of each Bidder will be publicly available. 3.8.3. Bids will not be subject to public inspection for a period of ten (10) days or until after the PBPN Request for Proposal – 2022-CM005 Page 15 of 44 Transportation Department Building – Design / Build Contract has been awarded. 4. EVALUATION 4.1. Evaluation Criteria 4.1.1. In accordance with the PBPN Procurement Policy, awards shall be made to the responsible Bidder(s) whose proposal is determined in writing to be the most advantageous to the Tribe based upon the evaluation criteria listed below. 4.1.2. The Nation reserves the right to reject any or all responses to this RFP. Final selection of candidates will be on a basis of their apparent ability to meet the overall expectations of PBPN, as determined solely by the PBPN. 4.1.3. The Nation may reject any or all bids, accept a bid other than the lowest bid, and waive informalities or minor irregularities in bids received if determined by the Procurement Officer that the best interest of the Nation will be served by doing so. The Nation reserves the right to reject all nonconforming, nonresponsive, unbalanced, or conditional bids. A Bidder’s failure to provide any additional information requested by the Nation prior to a contractor selection may result in rejection of the Bid. The Nation may reject any bid from any person, firm, or corporation in arrears or in default to the Nation on any contract, debt, or other obligation, if the Bidder is debarred by the Nation from consideration for a contract award, if Bidder has committed a breach of contract which resulted in a termination of a contract or other material sanction within two (2) years immediately preceding the date of issuance of this document, or based on past performance. 4.1.4. The PBPN reserves the right to conduct investigations as it deems necessary for the evaluation of any bid and to establish the experience, responsibility, reliability, references, reputation, business ethics, history qualifications and financial ability of the firm responding. The purpose of the investigation is to determine that the candidate has the ability, experience, resources, and reputation necessary to perform the work and to support all warranties in accordance with the contract documents. 4.1.5. PBPN will evaluate all bids meeting the criteria set forth within this RFP by a committee selected by the requesting department. 4.1.6. To be considered a responsible or qualified bidder, the bidder must satisfy the following requirements: 4.1.6.1. Submit a complete bid package which is responsive to all requirements of this RFP. 4.1.7. In evaluating responses to this RFP, the PBPN Procurement Office will take into consideration the qualification, experience capacity, and cost that are being bid by the Bidder. 4.1.8. The Evaluation committee shall engage in the following two-step process: 4.1.8.1. Step one (1) consists of evaluation of all Technical Proposals to determine which bidders are responsible/qualified bidders. 4.1.8.2. Step two (2) consists of evaluation of Cost Proposals. The electronic PDF price bid, Attachment B, of each responsible/qualified bidder is reviewed and PBPN Request for Proposal – 2022-CM005 Page 16 of 44 Transportation Department Building – Design / Build evaluated, and the award recommendation is made in accordance with the Nation’s procurement policies and applicable federal regulations. 4.2. AWARD 4.2.1. The Nation shall give preference when awarding contracts in the following order: 4.2.1.1. Licensed PBPN-owned business. 4.2.1.2. Licensed Nation member-owned business or individual PBPN member 4.2.1.3. Other licensed Native American-owned business or individual Native American. 4.2.2. Number and Types of Awards The PBPN reserves the right to make multiple awards or to award a Contract by individual line items or alternatives, by group of line items or alternatives, or to make an aggregate award, whichever is most advantageous to PBPN. 4.2.3. Contract Inception A Bid does not constitute a Contract, nor does it confer any rights on the Bidder to the award of a Contract. A Contract is not created until the Model Contract is executed and delivered by the Nation and the successful bidder. A notice of Award or of the intent to award shall not constitute acceptance of the Bid. 4.2.4. Effective Date The effective date of the Contract shall be the date that the PBPN Tribal Council sign the Bid and Acceptance or other official contract form unless, another date is specifically stated in the Contract. 4.3. INVOICING 4.3.1. Submitting invoices: 4.3.1.1. Contractor shall submit an invoice to the PBPN Finance Accounts Payable Office within thirty (30) days of the end of each month services were provided. 4.3.1.2. Every invoice must be signed by Contractor’s authorized representative and accompanied by all supporting information and documentation required by the Contract. 4.3.1.3. No payment of invoice shall be made without authorization. 4.3.1.4. No payment shall be made without a current W9 on file with Accounts Payable. 4.3.2. Contractor shall not seek payment for any service(s) provided without the proper signature of the designated or assigned individual for the project. 4.3.3. Services that have not been authorized on an acknowledged purchase order, and PBPN Request for Proposal – 2022-CM005 Page 17 of 44 Transportation Department Building – Design / Build 4.3.4. Services that are the subject of a Contract Amendment or Change Order that has not been fully signed and executed. 4.3.5. Contractor shall submit all billing notices or invoices to the PBPN Accounts Payable Department at the following address: PBPN -Finance Department Accounting Section – Accounts Payable 16281 Q Road, Mayetta, KS 66509 (785) 966-8253 AccountsPayable@pbpnation.org PBPN -Construction Management Department Construction Management 16281 Q Road, Mayetta, KS 66509 (785) 966-4031 ShawnaWilliams@pbpnation.org ShawnKelly@pbpnation.org 4.3.6. Defective invoices: without prejudice to its other rights under the Contract or further obligations to Contractor, the PBPN Accounting office may, at its discretion, reject any materially defective invoice. It will have no obligations to pay against a defective invoice unless and until the Contractor has re-submitted invoice free of defects. 4.3.7. Invoicing will be deemed automatically rejected upon delivery if they: 4.3.7.1. Are sent to the wrong address, 4.3.7.2. Do not reference the correct PBPN Contract number or Purchase Order, or 4.3.7.3. Are payable to any Person other than the Contractor. 4.3.8. Invoicing for Task Orders: For task order Services, invoices must include the following information as applicable to the relevant task order being invoiced against: 4.3.8.1. Substantiation of hours worked using: 4.3.8.1.1. A detailed daily timesheet, 4.3.8.1.2. Itemization to the task level, and 4.3.8.1.3. Breakdown by service area (if the Contract covers more than one area) and Contract Amendment (if any apply), 4.3.8.2. Authorization and receipts for all allowable reimbursable items being invoiced; and 4.3.8.3. Contractor’s certification that the invoice has been examined and, to the best of Contractor’s knowledge and belief, the invoiced amounts are entitled, correct, and accurate as can be demonstrated by the contractually required books and records upon the Tribe’s demand. mailto:AccountPayable@pbpnation.org PBPN Request for Proposal – 2022-CM005 Page 18 of 44 Transportation Department Building – Design / Build 5. MINIMUM CONTRACTING STANDARDS 5.1. Insurance Requirements 5.1.1. Contractor and subcontractors shall procure and maintain, until all their obligations have been discharged, including and warranty periods under this Contract, insurance against claims for injury to persons or damage to property arising from, or in connection with, the performance of the work hereunder by the Contractor, its agents, representative, employees or subcontractors. 5.1.2. The Insurance Requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The PBPN in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that arise out of the performance of the work under this Contract by the Contractor, its agents, representative, employees or subcontractors, and the Contractor is free to purchase additional insurance. 5.1.3. Proof of Insurance shall not be terminated or expire within thirty (30) days written notice and are required to be maintained in force until completion of this contract. 5.1.4. The Contractor and sub-contractors shall use in the performance of this contract to name the PBPN Tribe as an additional insurer with the following standard types and minimum amounts. 5.1.5. Commercial General Liability (CGL): $2,000,000.00 5.1.5.1. Policy shall include bodily injury, property damage, and broad form contractual liability coverage. 5.1.5.2. The policy shall be endorsed, as required by this written agreement, to include the Prairie Band Potawatomi Nation and its departments as additional insurers with respect to liability arising out of the activities performed by or on behalf of the Contractor. 5.1.5.3. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the Prairie Band Potawatomi Nation and its department for losses arising from work performed by or on behalf of the Contractor. 5.1.6. Comprehensive Automobile Liability: $1,000,000.00 5.1.6.1. Bodily injury and Property damage for any owned, hired and/or non-owned automobiles used in the performance of this contract. 5.1.6.2. The policy shall be endorsed, as required by this written agreement, to include the Prairie Band Potawatomi Nation and its departments as additional insurers with respect to liability arising out of the activities performed by or on behalf of the Contractor. PBPN Request for Proposal – 2022-CM005 Page 19 of 44 Transportation Department Building – Design / Build 5.1.6.3. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the Prairie Band Potawatomi Nation and its department for losses arising from work performed by or on behalf of the Contractor 5.1.7. Worker’s Compensation: Statutory limits 5.1.8. Employer’s Liability: Each accident $1,000,000 5.1.8.1. 100% of insurable value of the work. Builder’s Risk, Extended coverage for Vandalism, and Malicious Mischief, if required. 5.1.8.2. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the PBPN and its department and employees for losses arising from work performed by or on behalf of the Contractor. 5.1.9. Professional Liability (Error and Omissions Liability) 5.1.9.1. Each Claim $2,000,000 5.1.9.2. Annual Aggregate $2,000,000 5.1.10. In the event that the Professional Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract and other continuous coverage will be maintained or an extended discovery well be exercised, for a period of two (2) years beginning at the time work under this Contract is completed. 5.1.11. The policy shall cover professional misconduct or negligent acts for those positions defined in the Scope of Work of this Contract. 5.1.12. Failure to provide proof or failure to maintain insurance as required in this bid, or by law, are grounds for immediate termination of this contract. 5.1.13. In the event of termination of contract, the awarded bidder shall be liable for all procurement costs and any other remedies under PBPN Procurement policies. 5.1.14. Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under the indemnification provisions of this Contract. 5.2. Liquidated Damages 5.2.1. If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $500 for each calendar day of delay until the work is completed or accepted. 5.2.2. If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause. PBPN Request for Proposal – 2022-CM005 Page 20 of 44 Transportation Department Building – Design / Build 5.3. Performance and Payment Bond The successful Bidder shall furnish a Performance and Payment Bond in the full amount of the Contract. The Surety issuing the Performance and Payment Bond must have a general rating of "A" and shall be a Class V or higher in the financial size category as defined by Best's Key Rating Guide- Property and Casualty. If the Bidder fails to furnish the Performance and Payment Bond within fourteen (14) calendar days, after the official signing of the PBPN Goods and Services Contract and the Notice of Award, PBPN may elect to move to the next qualifying applicant and the Contract shall be terminated. Within the bid submission shall be a letter from bonding company certifying that the contractor is bondable and upon successful contract approval a Performance Bond can be secured for the project 5.3.1. FTA Bonding Bonding – Bonds are required for all construction contracts exceeding the Simplified Acquisition Threshold, currently set at $150,000, unless FTA determines that other arrangements adequately protect the Federal interest. FTA’s bonding policies are as follows: Bid Guarantee – Each bidder is generally required to provide a bid guarantee equivalent to 5 percent of its bid price. The bid guarantee must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid to ensure that the bidder will honor its bid upon acceptance. Performance Bond – Contractors generally must obtain a performance bond for 100 percent of the contract price. A performance bond is obtained to ensure completion of the obligations under the third party contract. Payment Bond – Contractors generally must obtain a standard payment bond. A payment bond is obtained to ensure that the contractor will pay all people supplying labor and material for the third party contract as required by law. FTA has determined that payment bonds in the following amounts are adequate to protect FTA’s interest and will accept a local bonding policy that meets the following minimums: Less Than $1 Million – Fifty percent of the contract price if the contract price is not more than $1 million; More Than $1 Million but Less Than $5 Million – Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or More Than $5 Million – Two and one half million dollars if the contract price is more than $5 million. Reduced Bonding – FTA recognizes that bonding costs can be expensive. FTA will accept a local bonding policy that conforms to the minimums described above. FTA reserves the right to approve bonding amounts (See section 3.2.8 of the FTA Best Practices Manual linked below in Attachment A) PBPN Request for Proposal – 2022-CM005 Page 21 of 44 Transportation Department Building – Design / Build 5.4. Notice of Cancellation Applicable to all Insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for the reason without thirty (30) days prior written notice to the Prairie Band of Potawatomi Nation. Within two (2) business days of receipt, Contractor must provide notice to the PBPN if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired or will be expiring. Such notice shall be sent directly to the department or by email to: michael.tamez@pbpnation.com. 5.5. Verification of Coverage Contractor shall furnish the Prairie Band Potawatomi Nation with certificates of insurance (COI) (valid ACORD form or equivalent approved by the State of Kansas) evidencing that Contractor has the insurance as required by this Contract. An authorized representative of the insurer shall sign the certificates. 5.5.1. All such certificates of insurance and policy endorsements must be received by the State before work commences. The PBPN’s receipt of any certificates of insurance of policy endorsements that do not comply with this written agreement shall not waive or otherwise affect the requirements of this agreement. 5.5.2. Each insurance policy required by this Contract must be in effect at, or prior to, commencement of work under this Contract. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. 5.6. Subcontractors Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectable insurance as evidenced by the certificates of insurance and endorsements for each subcontractor. All coverage for subcontractors shall be subject to the minimum Insurance Requirements identified above. The PBPN reserves the right to require, at any time throughout the life of this contract, proof from the Contractor that its subcontractors have the required coverage. 5.7. Approval and Modifications The PBPN reserves the right to review or make modifications to the insurance limits, required coverages, or endorsements throughout the life of this contract, as deemed necessary. Such action will not require a formal Contract amendment but may be made by administrative action. 5.8. Indemnification Clause 5.8.1. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless the PBPN and its departments, Tribal officials and employees, (hereinafter mailto:michael.tamez@pbpnation.com PBPN Request for Proposal – 2022-CM005 Page 22 of 44 Transportation Department Building – Design / Build referred to as “indemnitee”) from and against any and all claims, actions, liabilities, damages losses, or expenses (including court costs, attorney’s fees, and costs of claim processing, investigation and litigation) for bodily injury or personal injury (including death), or loss or damage or tangible or intangible property causes, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. 5.8.2. This indemnity includes any claim or amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulations or court decree. 5.8.3. It is the specific intention of the parties that the indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the indemnitee, be indemnified by Contractor from and against all claims. 5.8.4. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. 5.8.5. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the PBPN and its Tribal Council, agents and employees for losses arising from the work performed by the Contractor for the PBPN. 5.9. Conflict of Interest 5.9.1. The Contractor shall not knowingly employ or contract with, during the period of this contract or any extensions to it, any employees or subcontractors who are also officials or employees of the Nation. 5.9.2. Furthermore, the Contractor shall not knowingly employ, during the period of this contract or any extensions to it, any Nation employee who has participated in the making of this contract until at least two (2) years after his/her termination of employment with the Nation. 5.10. Confidentiality The Contractor shall maintain all non-public information secured in connection with any contract with PBPN in strict confidence, with disclosure only to individuals as needed to perform under the contract and on a need-to-know basis. 5.11. Health Insurance Portability and Accountability Act of 1996 5.11.1. If applicable, the Contractor warrants that it is familiar with the requirements of HIPAA, as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH Act) of 2009, and accompanying regulations and will comply with all applicable HIPAA requirements in the course of this Contract. Contractor warrants that it will cooperate with the PBPN Health Clinic in the course of performance of the Contract so that both PBPN Health Clinic and Contractor will be in compliance with HIPAA, including cooperation and coordination with the Contractor who will sign any documents that are reasonably necessary to keep PBPN Health Clinic and Contractor in compliance with HIPAA, including, but not limited to, business associate agreements. 5.11.2. If applicable, and requested by the PBPN Health Clinic and PBPN Procurement Office, Contractor agrees to sign a “Pledge to Protect Confidential Information” and to abide by the PBPN Request for Proposal – 2022-CM005 Page 23 of 44 Transportation Department Building – Design / Build statements addressing the creation, use and disclosure of confidential information, including information designated as protected health information and all other confidential or sensitive information as defined in policy. In addition, if requested, Contractor agrees to attend or participate in HIPAA training offered by PBPN Health Clinic or to provide written verification that the Contractor has attended or participated in job related HIPAA training that is: (1) intended to make the Contractor proficient in HIPAA for purposes of performing the services required and (2) presented by a HIPAA Privacy Officer or other person or program knowledgeable and experienced in HIPAA. 5.12. Tribal Business Licensing (Applicable) Contractors conducting business within the PBPN Tribal community must obtain a business license. The cost of an annual license is approximately fifty dollars ($50.00). The Contractor shall comply with the PBPN Tribal community business registration, licensing, and other applicable tribal regulatory laws, and shall pay any applicable licensing fees. A copy of a current business license must be provided to PBPN Tribe and be maintained for the duration of the contract. 5.13. Governing Law and Jurisdiction Unless otherwise approved by the PBPN Tribal Council, this contract shall be governed by and construed in accordance with the laws of the PBPN, and the contractor consents to jurisdiction of the PBPN Tribal Courts for all matters related to or arising out of this contract. 5.14. Sovereign Immunity Notwithstanding any other terms or provisions of this Agreement, Contractor understands and agrees that the PBPN Tribe, by entering into this Agreement, does not waive its sovereign immunity from suit, nor does it waive, alter, or otherwise diminish its rights, privileges, remedies or services guaranteed by the Treaty with the PBPN Tribe of 1856 (12 Stat. 971). 5.15. Contractor Responsibility Nothing in the contract shall relieve or limit the contractor’s responsibility for damages for its own negligence or breach of the contract. Nothing shall require PBPN to indemnify or hold the contractor harmless for its own negligence, breach, or misconduct. All products from or services by a contractor are warranted or represented as being suitable for the intended purpose of the contract. 5.16. Authorization of Services Authorization for purchase of services under this Contract shall be made only upon PBPN issuance of a Purchase Order that is signed by an authorized agent. The Purchase Order will indicate the Contract number and the dollar amount of funds authorized. The Contractor shall only be authorized to perform services up to the amount on the Purchase Order. PBPN shall not have any legal obligation to pay for services in excess of the amount indicated on the Purchase Order. No further obligation for payment shall exist on behalf of PBPN unless: 5.16.1. the Purchase Order is changed or modified with an official PBPN Procurement Change Order, and/or 5.16.2. an additional Purchase Order is issued for purchase of services under this Contract. PBPN Request for Proposal – 2022-CM005 Page 24 of 44 Transportation Department Building – Design / Build 6. Protest A protest shall comply with and be resolved according to the PBPN Tribal Procurement Policies. Protests shall be in writing and be filed with both the Procurement Office and with the PBPN General Manager. A protest of the Solicitation shall be received by the Procurement Office before the Bid due date. A protest of the proposed award or of an award shall be filed within ten (10) days after the Procurement office makes the procurement file available for public inspection. A protest shall include: 6.1. The name, address, email address and telephone number of the interested party, 6.2. The signature of the interested party or its representative, 6.3. Identification of the purchasing agency and the Solicitation or Contract number, 6.4. A detailed statement of the legal and factual grounds of the protest including copies of relevant documents, and 6.5. The form of relief requested. PBPN Request for Proposal – 2022-CM005 Page 25 of 44 Transportation Department Building – Design / Build CERTIFICATION: By signing below, I certify that I am authorized to offer the items quoted at these prices, that the items comply with the specifications and requirements listed, or are insubstantial compliance thereto, and that I accept these terms and conditions. _________________________________________________ ____________________________________________________ Date Signature ____________________________________________________ Print Name ____________________________________________________ Title ____________________________________________________ Company Name ____________________________________________________ Telephone ____________________________________________________ Email PBPN Request for Proposal – 2022-CM005 Page 26 of 44 Transportation Department Building – Design / Build ATTACHMENT “A” SCOPE OF WORK 1. NARRATIVE The Prairie Band Potawatomi Nation (PBPN) Construction Management Department is issuing this Request for Proposal (RFP); to initiate the selection of a Design/Build (DB) team/entity to enter into an agreement with the Owner to perform design and construction services. These services are to be performed using the Progressive Design/Build (PDB) delivery method for constructing a new approximately 2,520 sq. ft. Transportation building to be located at 15492 K Road, Mayetta, KS. The Design/build will construct approximately 2,520 sq. ft. building and contractor shall not decrease the square footage. The additional space will support, management offices for employees, restrooms, an employee breakroom, mechanical room and IT room. The proposal shall contain preliminary drawings, proposed detailed budget and other information that PBPN can use to present to the various groups to seek final approval for the project. This RFP invites each Proposers to submit their Proposals to perform the work contemplated for the Project. PBPN will review and evaluate each Proposals using a two-step best-value selection process as outline in the RFP. At the completion of the evaluation process, PBPN Construction and Transportation Services will identify the top design-build team and enter into negotiations for the award. Design on the facility is slated to begin in Fall of 2022 and Construction on the facility is slated to begin in the Spring of 2023 or as design and weather allow. This project is to be designed and constructed in two (2) phases using the PDB and the GMP delivery method. The project will be funded using Federal Transit Administration funds therefore Federal Clauses are required to be followed. (See FTA Links below which include applicable Federal clauses) Links: FTA Best Practices Manual https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/funding/procurement/8286/ fta-best-practices-procurement-and-lessons-learned-manual-2016.pdf Federal Requirements (pg. 34, Chapter IV, section 2) Construction-Special Requirements Contracting Checklist can be found on pg. 134 Third Party Contracting Guidance (Circular 4220.1F) (dot.gov) https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/funding/procurement/8286/fta-best-practices-procurement-and-lessons-learned-manual-2016.pdf https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/funding/procurement/8286/fta-best-practices-procurement-and-lessons-learned-manual-2016.pdf https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttps%253a%252f%252fwww.transit.dot.gov%252fsites%252ffta.dot.gov%252ffiles%252fdocs%252fThird%252520Party%252520Contracting%252520Guidance%252520%252528Circular%2525204220.1F%252529.pdf%26c%3DE%2C1%2CbUzJfir2s_knByFXPIEZKgAjKG87h_U32iEKA23zvP2Mtr08pLusFDJbzWbATgihsA4AqMG_UigjmZyQfOw4WQ7HoeFfTAZdLDCdchwOxyuhx5oboQ%2C%2C%26typo%3D1&data=05%7C01%7Ccynthia.moses%40dot.gov%7C2aee58761ccb47d302b808da96769ee9%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637987733471986282%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=YiWs4nMuB%2BADc4GKD0D1mwS3R0K6HdND96FBLi8DIsY%3D&reserved=0 PBPN Request for Proposal – 2022-CM005 Page 27 of 44 Transportation Department Building – Design / Build 1.1. Phase One Design Builder will perform preconstruction services, including assistance in the preparation of a schedule, preliminary cost estimate, value engineering and develop with Owner’s input pricing- level design documents and information such that the design builder can prepare and provide a Design-Builder Proposal to be reviewed and approved by the Owner. Prepare design to seventy five percent (75%) complete, as described, defined and set forth. The Guaranteed Maximum Price for Construction Services shall include the cost of labor/materials, overhead, performance bonding and an all-inclusive price for the cost of design and construction. The schedule of values shall break down each task and job for the project, develop and propose a Guaranteed Maximum Price (GMP) cost proposal for completion of Phase Two (2). 1.2. Phase Two Complete Design, construction, and post-construction tasks, including performance testing, startup commissioning and operator training and support (if GMP is approved and accepted by the Owner at the conclusion of Phase One). 2. OWNER’S OBJECTIVE The objective of this Solicitation is to select a PDB Contractor team to establish major design elements at a negotiated rate for completing the project and to provide professional design, construction, performance management and other aspects of scope and terms sufficient to the design and construction of the Transportation and Land Department Building Expansion. The progressive Design-Build Project requires approval from a variety of numerous groups at PBPN before final approval is given to award. In order to get final approval, the Proposers shall provide preliminary drawings, proposed detail budget, and vital information to support the approval of this project from the various groups. 3. DELIVERABLES 3.1. New Construction and Renovation requirements 3.1.1. The new construction of existing structure needs to contain at a minimum the following items: 3.1.2. New addition construction of a minimum of 2,520 Square Ft. building located at 15492 K. Road, Mayetta, KS 66509. 3.1.3. Building cannot be smaller than total square ft. from 2,520 Square. Ft. but can be larger if needed. 3.1.4. Proposal shall include proposed site plan and floor plan per the design/build team submittal. PBPN Request for Proposal – 2022-CM005 Page 28 of 44 Transportation Department Building – Design / Build 3.2. Transportation to have design and layout completed to include the following 3.2.1. 2 offices for management 3.2.2. Conference room large enough for 6-8 people around a table 3.2.3. Electrical / Mechanical room meeting space requirements. 3.2.4. Information Technology (IT) Server Room minimum of 12 ft. x 12 ft. and meeting space / clearance requirements. 3.2.5. Reception area / large room. Enough room for 9 cubicle desks and seating for up to 5 visitors in reception area. 3.2.6. Breakroom with cabinets and countertop along a wall with microwave, sink, stove/oven, vent hood, full size refrigerator. (No Dishwasher & NO Garbage Disposal) 3.2.7. 2 restrooms - Men’s and Women’s Restroom each with minimum of 1 water closet, sink, storage cabinet for supplies. (or number required by building code) 3.2.8. Closet space for storage of office supplies, cleaning supplies, etc. 3.2.9. If not listed below, all aspects of this project shall meet the requirements within the PBPN approved building codes and is the responsibility of the design team and contractor to design and build to these standards. 3.3. Facility & Construction Description Design and construct a new Transportation building of approximately 2,520 square feet. Facility structure, components, fixtures, and finishes should be consistent with the existing facilities nearby and meets the standards outline by the PBPN. 3.3.1. Current buildings in the area are either wood post or metal frame metal sided buildings. This same style of building is what is planned, but if there is other construction style of building which meets current 2018 IBC building codes and is similar in total construction budget to a wood post or metal frame structure, those styles would be considered. 3.3.1.1. Wood post or metal frame building must be of type and installed by fastening to a concrete footing. Shall not be of the type with a wood post set in the ground. 3.3.1.2. Building shall have sufficient venting, soffits, or other as required by building code for the type of structure proposed. 3.3.2. Roofing to match neighboring buildings. 3.3.3. Parking, sidewalks, etc. 3.3.3.1. Repair of existing asphalt parking lot (15 parking spots, 3 ADA compliant parking spots for a total of 18), and addition of 24 additional asphalt parking spaces along existing driveway, and in a lot near the new building addition. PBPN Request for Proposal – 2022-CM005 Page 29 of 44 Transportation Department Building – Design / Build 3.3.3.2. If new Lot is along North side of the building near the ball diamond, additional netting along Ball Diamond fence will be required to prevent balls from entering the parking spaces. 3.3.3.3. Contractor is responsible for all pavement markings after paving is completed. 3.3.3.4. Building, sidewalks, and parking areas must comply with ADA design standards. 3.3.3.5. All ADA assessable access points shall be slopes in the sidewalk area, and not protrude into the parking areas. 3.3.3.6. Design of parking area also needs to plan for a trash dumpster location that is accessible for use by both Transportation and PEP departments in the area. 3.3.4. Structure to consist of structural framing to be consistent of the current neighboring structures of either wood post, metal beam framed. 3.3.4.1. Alternate methods of framing must be pre-approved by Owner and similar in total cost as the proposed type of building. 3.3.4.2. Installation of a moisture / vapor barrier as dictated by building design and building code. 3.3.4.3. Caulking of building as required by code, manufacturer requirements, etc. 3.3.4.4. Insulation requirements shall be R-19 exterior walls and R-40 roof. 3.3.4.5. If insulation is proposed to be blown into the attic area, the shall be a metal lining, GPBD ceiling, or other means installed as a hard ceiling before installation of blown in. Plastic sheeting will not be allowed below the rafters for installation of insulation. (NOTE: This should be considered when looking at the Fire Suppression requirement or not as to if the attic will require fire suppression.) 3.3.5. Exterior finishes to be consistent with the existing neighboring facilities (Metal sheeting), all finishes to be equal to or approved equal. Alternate materials to be approved by Owner. 3.3.6. Exterior windows to be thermally broken systems to match the current systems and low “E” insulating glass. Typical windows are Aluminum Store Front windows with Outside Glaze. 3.3.6.1. All Store Front windows will require proper flashing, as well as window pans for drainage of the window as required. 3.3.6.2. Installation of GPBD jams on interior window with installation of solid surface sill of all windows. PBPN Request for Proposal – 2022-CM005 Page 30 of 44 Transportation Department Building – Design / Build 3.3.7. Doors and Frames 3.3.7.1. Exterior doors to be thermally broken and anodized aluminum with 1” tinted, low “E” insulating glass with 4.5” x 2” Storefront System finish of dark bronze at main entrances. 3.3.7.2. Hollow Metal Frames and doors with flush face. BOD Curries 707 Series, 16 GA, Polystyrene Core, Side Seam, Paint finish to dark bronze (interior), Galvanized (exterior). 3.3.7.3. Interior Doors can also be HM Frames with Solid Core Wood Veneer Doors BOD VT Heritage Door 5ply custom, Grade A, Red Oak, plain sliced, book and running match, factory stain match color per owner approved stain color. 3.3.7.4. Mechanical and Equipment rooms to receive acoustical door kit including: Surface Mounted automatic door hardware bottoms and gasketing. 3.3.7.5. Door Hardware, Locks, levers, and cores to match the PBPN standardization for doors, function, style and quality. 3.3.7.6. Main Entry door(s) to be installed with powered door opener per PBPN standardization of door equipment. 3.3.7.7. All Main Entrances to be the double-doored “air-lock” configuration (vestibule). 3.3.7.8. PBPN has contracted vendor to perform all installations for Doors and Door hardware. Chosen contractor will be responsible for providing this installation utilizing the PBPN vendor. (see Attachment “L” PBPN vendor and standardized material Spreadsheets) 3.3.8. All concrete to be 4,000 psf design with 1-1/2” rigid insulation board on the inside face of footings. (All concrete and base installations will be required to follow the recommendations of the Geo-technical report. Most prohibitive installation is the preferred method to be used.) 3.3.8.1. Depth and type of LVC, and material for use under all paving, site paving, building pad, etc. will be required to be installed per the Geo Technical report for the site, and any and all engineered drawings yet to be completed. 3.3.8.2. All concrete on exterior of building is to utilize the PBPN standard Concrete sealant (Crete Defender). This is the responsibility of the contractor to coordinate with the PBPN Construction Management Department for the Sealant and tools necessary for installation (spryer & pump). 3.3.8.3. PBPN will hire a 3rd party to perform Geo-technical testing and provide recommendations for base and concrete before design stage is to begin. 3.3.8.4. Contractor will be required to perform all coordination and scheduling with the 3rd party vendor once project starts. PBPN Request for Proposal – 2022-CM005 Page 31 of 44 Transportation Department Building – Design / Build 3.3.9. Any interior drywall used shall be 5/8” “fire resistant” material. Walls and ceilings shall be drywall with medium “knock- down” texture and (2) coats of latex paint. 3.3.10. Design loads: Roof Live Load: 20 PSF Snow Load: 20 PSF Floor Live Load: 50 PSF Wind Load: 100 mph; exposure C 3.3.11. All design and construction design are to be completed to the PBPN approved building codes (all trades). (See Attachment “J”) for List of PBPN approved Codes) Most relevant codes listed below, but only applicable codes for project will need to be met. Any additional work requiring codes not listed below will need to be designed to the most recent published edition of the code in comparison with the 2018 IBC. 3.3.12. Hallway widths to be a minimum of 5 feet or as applicable per building codes & ADA compliant design standards. Hallway ceilings to be a minimum of 9 feet in height. 3.3.13. All ceiling heights to be minimum of 9’ above finished floor. 3.3.13.1. Acoustical panel ceilings to use square edge 2210 or 2215 with 15/16” grid system and BOD USG 2’ x 2’ x 5/8” suspended radar climaplus (55NRC/35CAC) 3.3.14. Floor finishes to be VCT tile in all rooms other than the offices and CPT carpet squares in the offices. VCT tile will require sealing and waxing of the floors to be included in the project. 3.3.14.1. Restrooms to be Ceramic Tile floors. Ceramic Tile in Restrooms to 60” AFF with Schluter Jolly Trim, Paint finish to match tile. Porcelain Tile 12” x 24” with MAPEI FLexcolor CQ Epoxy Grout 3.3.14.2. 4” Rubber base along all VCT and CPT locations. 3.3.14.3. Static resistant VCT is to be installed within the IT room. 3.3.15. Provide maximum room lighting switch locations and lighting level options with motion detector room light switches. LED lights preferred with dimming options. 3.3.16. Signage 3.3.16.1. Building code required signage and building standard room signs including typical ADA/Braille compliant signs on all doors plus several public wayfinding signs. 3.3.17. HVAC system as necessary for the building. Units can be split systems (larger mechanical room) or package units to be located outside the building on the ground. PBPN Request for Proposal – 2022-CM005 Page 32 of 44 Transportation Department Building – Design / Build 3.3.17.1. System needs to have a monitoring system installed to allow the PBPN maintenance staff to be able to monitor and control the system from their computers. Currently most buildings are utilizing Solidyne controls. 3.3.17.2. Separate system for the IT Room for cooling of equipment and connected to the HVAC monitoring system to alert to high temperatures. 3.3.17.3. PBPN has contracted vendor to perform all installations for HVAC. Chosen contractor will be responsible for providing the installation utilizing the PPBN vendor. (see Attachment “L” PBPN vendor and standardized material Spreadsheets) 3.3.18. Plumbing Installation 3.3.18.1. All toilets are to be commercial grade floor mounted and have a weight rating of 350 lbs. 3.3.18.2. All toilets and urinals are to have low flow flush valves at a usage rate of 1.6 Gallons per Flush 3.3.18.3. All faucets are to be low flow faucets at a rate of 1⁄2 gallon per minute flow and be wave / hands free operation (battery operated). 3.3.18.4. Water line and in wall connection shall be provided at the refrigerator location for connection of refrigerator with ice maker. 3.3.18.5. Water line and in wall connection shall be provided in the breakroom for the connection of a coffee maker. Installation should include or allow for an installation of an inline replaceable water filter. 3.3.19. Restrooms 3.3.19.1. Contractor is responsible for all bathroom hardware to meet ADA compliancy. This will include the layout and installation of all necessary grab bars per the construction drawings and to building code. 3.3.19.2. PBPN will provide all toilet paper dispensers, paper towel dispensers, soap dispensers, etc. and the contractor will be responsible for all support backing in the walls, and installation of the dispensers provided by PBPN. 3.3.20. Security system is required within the facility and installed per the PBPN standard security alarm installations. 3.3.20.1. Installation of cameras throughout the new addition and remodeled spaces per the recommendation of the PBPN contracted vendor for cameras within PBPN facilities. 3.3.20.2. PBPN has contracted vendor to perform all installations for security systems and cameras. Chosen contractor will be responsible for providing this PBPN Request for Proposal – 2022-CM005 Page 33 of 44 Transportation Department Building – Design / Build installation utilizing the PBPN vendor. (see Attachment “L” PBPN vendor and standardized material Spreadsheets) 3.3.21. Access Control for all doors within the new addition. 3.3.21.1. PBPN would like pricing for having all doors in the new addition be access control operated. This new addition would be considered “keyless” for staff working in this portion of the building. 3.3.21.2. PBPN has contracted vendor to perform all installations for access control. Chosen contractor will be responsible for providing this installation utilizing the PBPN vendor. (see Attachment “L” PBPN vendor and standardized material Spreadsheets) 3.3.22. Data and IT cabling per PBPN standards and wiring methods. Each data location to have 3 data drops (blue, white, green) as well as all cabling, wall jacks, and patch panels must match in color. Here is a list of PBPN wire color standards: Blue - Data White - Phone Yellow - POE, camera, digital signage, WAP, specialized equipment RED - Security Alarm, Fire Alarm, and Access Control Orange- IT servers 3.3.22.1. All fiber installations will be Single Mode (allowing up to 40 GIG transmission) and a minimum of 12 fibers per cable. All fiber must be of a metal jacketed variety for protection when installed within a facility. 3.3.22.2. All data wiring and other low voltage wiring in the facility must be installed in a wire tray system throughout the facility. J Hooks are not allowed unless no other means is available. PBPN has standardized to the use of Snake Tray and their many different cable management systems. 3.3.22.3. PBPN has contracted vendor to perform all installations for all IT and data installations. Chosen contractor will be responsible for providing this installation utilizing the PBPN vendor. (see Attachment “L” PBPN vendor and standardized material Spreadsheets) 3.3.22.4. Installation will require the installation of PBPN fiber into the facility for data, phone, security and other use. Installation will be required from the PEP department building for connection to the PBPN network. 3.3.22.5. Installation of a TV mount wall box for electric and data is required within the conference room. Installation of 5 data cables to the conference room will be required for the conference room equipment supplied by PBPN to operate correctly. Box to be located on wall at end of table and is to be 72” AFF to top of box. Electrical Outlet is to be connected to the UPS for protection. 3.3.23. Electric service can be either 120/240 single phase or 120/208 Volt 3 phase PBPN Request for Proposal – 2022-CM005 Page 34 of 44 Transportation Department Building – Design / Build 3.3.23.1. Electric gear and equipment shall be Square D variety to meet the PBPN standardization of equipment for buildings. 3.3.23.2. FreeState Electric COOP is the current Electric Utility. Per discussion with this utility there is a desire to provide new underground primary wiring from along K Road to the East near this new building and the other nearby buildings. 3.3.23.3. New Service would be large enough to reconfigure and provide underground secondary connections to the existing PEP offices, and the Old Fire Department building. (both are currently single phase). 3.3.23.4. Engineering for the service size and connectivity to these other buildings shall be included with this project. Installation of this wiring and connectivity to the other 2 buildings will be a separate project and not part of the Transportation building addition at this time. 3.3.24. Electric Installation 3.3.24.1. There shall be a minimum of one red 120-volt 20-amp convenience receptacle located at each office, cubicle, other Electronic equipment (TV’s, IT equipment, Access Control Panels, Alarm panels) to be fed from either the UPS or electric panel fed off the UPS. These red outlets will represent that those circuits are UPS powered outlets and only electronic equipment is to be plugged into them. 3.3.24.2. Location of outlets to be determined by furniture layout for each location. 3.3.24.3. Receptacles are to be commercial grade Ivory outlets. 3.3.24.4. All cover plates are to be stainless steel for outlets, switches, data ports, etc. 3.3.24.5. Provide maximum room lighting, switch locations, and lighting level options with motion detector room light switches. All lights are to be LED lighting with dimmers. 3.3.24.6. If required by code and design, the installation of parking lot lighting will be the responsibility of the contractor for installation. PBPN has standardized all parking lot lights to be RAB lighting with the RAB motion options for dimming when no movement in the parking lot, and ramped brightness to 100% upon movement (electricity savings and reduced light pollution). 3.3.24.7. All RAB Exterior parking lot lights will require the installation of an anti- vibration cap on the poles, and installation of a surge arrestor in each light pole. These are the responsibility of the contractor. 3.3.24.8. Installation of a TV mount wall box for electric and data is required within the conference room. Box to be located on wall at end of table and is to be 72” AFF to top of box. Electrical Outlet is to be connected to the UPS for protection. 3.3.25. Information Technology (IT) Server Room minimum 12’ X 12’ and shall have the design and layout to include the following: PBPN Request for Proposal – 2022-CM005 Page 35 of 44 Transportation Department Building – Design / Build 3.3.25.1. The space around the UPS and data racks within the room shall have a three (3) FT. clearance. 3.3.25.2. PBPN standardized equipment is APC brand of UPS system. This equipment shall be of same make for PBPN maintenance, and contracts with APC for yearly maintenance and emergency response for troubleshooting and repair. 3.3.25.3. Installation of an APC uninterruptable Power Supply (UPS) large enough to support all servers, power to all receptacles within the facility for the connection of computers, TV’s, alarm systems, access control panels, and other electronic equipment. (See 3.3.23.1 All receptacles within the facility that are to be powered by UPS are to be Red in color.) 3.3.25.4. Shall have a dedicated HVAC system and shall have the ability to alert all unsatisfactory conditions by remote monitoring. 3.3.25.5. Shall contain all Access Control panels for the new addition. 3.3.25.6. Shall contain all Alarm Panels for the new building (Security, Fire, etc.) 3.3.25.7. Flooring shall be static resistant VCT flooring 3.3.25.8. Blocking or plywood will be required behind any panels mounted to the walls and will be the responsibility of the contractor for the installation. 3.3.26. Fire Alarm installation 3.3.26.1. Installation of fire alarm per building codes. 3.3.27. Fire Suppression System (if applicable / required by building code due to occupancy/use) 3.3.27.1. Installation of fire suppression system only if required by building code due to the planned use / occupancy of the building. 3.3.28. PBPN will provide Fire extinguishers and Fire extinguisher cabinets for installation in the building per the locations required by building code and the construction drawings. Contractor is responsible for the installation of the cabinets during the project. 3.3.29. Water service is along K-Road and will need to be trenched / bored under parking lot for the service to the new building. 3.3.30. Sewer will need to be connected to the existing underground sewer piping at location. (Existing onsite from previous building but may need relocated per the to be completed construction drawings.) PBPN Request for Proposal – 2022-CM005 Page 36 of 44 Transportation Department Building – Design / Build 3.3.31. All gutter downspouts will need to be connected to underground piping and daylighted away from the building. Gutters and Downspouts will be required to be sized appropriately for the building, and all piping in the ground to be sized appropriately. 3.3.32. Building to have seamless gutter and downspouts installed. Size of the gutter to be determined by the design team as the size, shape of the roof will determine the size of the gutters necessary. 3.3.33. All sitework, trenching, backfilling, and seeding of the yard around the new building will be the responsibility of the approved contractor. 3.3.34. PBPN will be hiring and utilizing 3rd party testing throughout the project. Contractor will be responsible for contacting PBPN vendor to schedule all testing at the times it is required. 3.3.35. PBPN will require entire project to be subject to Building Inspections by the approved PBPN vendor for Inspection Services. These inspections are for building Code compliance, and all requests for inspections are required to be made a minimum of 24 hours in advance in either writing or telecommunication. 3.3.36. Contractor is responsible for applying and purchasing of the PBPN building permit, and plan review fees for the project. (See Attachment “I” for PBPN permit fee schedule) 3.3.37. PBPN utilities and other underground installations are not on Kansas One Call or Dig Safe. Anytime the contractor or one of their sub-contractors is required to contact dig-safe for locating underground utilities, they are required to contact PBPN Construction management for locating of all PBPN underground Utilities at the same time. 3.3.38. Contractor is responsible for all construction site safety and construction security. Fencing, material storage, etc. is the responsibility of the contractor. 3.3.39. Contractor is responsible for all Trash and debris removal from the site. Any Recyclable material or left-over material from the project that cannot be sent back for a refund is the property of PBPN and should be turned over to the PBPN Construction Management department for use and storage as needed. 3.3.40. Project is Prevailing wage (Davis Bacon) and all labor documents will be required to be supplied to PBPN for their record keeping purposes. 3.4. Notes 3.4.1. PBPN has a set list of approved vendors and material for their facilities. Please reference the attached forms that show what Specific vendors are the only ones allowed to perform certain installations. PBPN has also standardized certain material as the only brand or type of material to use within and on their buildings, the material added to this list at this time is on a sheet attached. PBPN Request for Proposal – 2022-CM005 Page 37 of 44 Transportation Department Building – Design / Build 3.4.2. The planned site of the new building previously had a modular building in its location. This building had all utilities installed to its location, so they are available in the area, and will need reconnected. 3.4.3. Contractor is encouraged to find ways and options to change up material and other items to help in keeping the building as affordable as possible yet stay within IBC building code standards and requirements. Also, some items in the project cannot be removed as it is part of the requirements of the grant, grant application, and department requirements so please do not make building smaller than the required 2,520 Square Ft. or reduce the number of parking spaces. 3.4.4. PBPN will purchase and have installed the wall mount TV in the conference room and have all AV equipment installed in this space for Clickshare, microphone, speakers, and camera. 3.4.5. PBPN will purchase all office furniture for project. Design and layout of the furniture for the space will be part of the design process and contractor responsibility. 3.4.6. PBPN will purchase all breakroom appliances i.e. refrigerator, microwave, coffee pot, etc. 3.4.7. Contractor is responsible for purchase of PBPN building Permit and plan review fees. 3.4.8. If more than one (1) acre of land is disturbed due to construction a SWIP plan will be required for the project. 3.4.8.1. For tribal lands the SWIP plan is applied for and permitted through the Federal EPA department and not the State of Kansas. 3.4.8.2. Any fees for the SWIP plan is the responsibility of the contractor. 3.4.8.3. Contractor is responsible for the SWIP application and permit with EPA. PBPN Request for Proposal – 2022-CM005 Page 38 of 44 Transportation Department Building – Design / Build ATTACHMENT “B” BUDGET SHEET PBPN - Transportation Department - Design / Build Contractor Name Company Address Contractor Email Address Contractor Phone Number Date Submitted PBPN Department Lead Shawn Kelly, Construction Manager DESCRIPTION OF SERVICES / PERSONNEL ITEMS ESTIMATED UNITS TOTAL ESTIMATED FEE As Applicable per the Project. 1 General Conditions 2 Supervision 3 Architectrual & Engineering Fees 4 Grading &Sitework 5 LVC Materials & rock for base / subbase for building Pad & paving 6 Asphalt parking lot construction & Stripping 7 Exterior Sidewalks 8 Concrete Foundations & Slab 9 Utilties (Water and Sewer) 10 Utilities (Electric) 11 Utilities (PBPN Fiber) 12 Strom Water (parking areas & Gutter Drain, etc.) 13 Landscape and Seeding 14 Fencing / Netting (as Necessary) 15 Building Shell 16 Interior Framing 17 Doors and Windows 18 Drywall & Painting 19 Flooring & Base 20 Cabinetry & Countertops 21 Solid Surface 22 Plumbing & fixtures 23 Heating, Venting & AC (HVAC) & Solidyne Controls 24 Electrical & Lighting (building) 25 Electrical Service (as described in Scope of Work) 26 APC - UPS system 27 IT, Data & Communications PBPN Request for Proposal – 2022-CM005 Page 39 of 44 Transportation Department Building – Design / Build 28 Security Alarm 29 Security Cameras 30 Access Controls for all doors 31 Signage 32 Specialties and Appliances 33 Bonding (Performance Bond) 34 Contractors Fee 35 Builders Contingency 36 PBPN Building Permit 37 EPA Swip Pemit (if required) 38 39 40 41 42 43 44 45 46 47 48 49 Estimated Total: $0.00 enter total amount of any discounts applied Discounts: Enter Current tax Rate: Sales Tax Rate: Tax Total: Total: PBPN Request for Proposal – 2022-CM005 Page 40 of 44 Transportation Department Building – Design / Build ATTACHMENT “C” DRUG FREE WORKPLACE CERTIFICATION The undersigned hereby certifies to the Prairie Band Potawatomi Nation, subject to penalty for perjury pursuant to the laws of the Prairie Band Tribal Court, that the following is true and correct: 1. The undersigned is a duly authorized representative of the Contractor and, in that capacity, has executed this certification on behalf of the Contractor. 2. The Contractor, in accordance with Government Code Section 41 U.S.C. Code §8102, the Drug- Free Workplace Act of 1988, shall provide a drug-free workplace by doing all of the following: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the person’s or organization’s workplace and specifying actions which will be taken against employees for violations of the prohibition. 3. Establishing a drug-free awareness program to inform employees about all of the following: a) The dangers of drug abuse in the workplace. b) The person’s or organization’s policy of maintaining a drug-free workplace. c) The availability of drug counseling, rehabilitation and employee-assistance programs; and d) The penalties that may be imposed upon employees for drug abuse violations. 4. Requiring that each employee engaged in the performance of the Contract be given a copy of the statement required by subdivision a) Above and that, as a condition of employment on the Project, the employee agrees to abide by the terms of the statement. 5. The Contractor hereby acknowledges and agrees that, if the District determines that the certification given herein is false or that the Contractor violated this certification by failing to implement the requirements of Government Code Section 41 U.S.C. Code §8102, the Contract shall be subject to termination, suspension of payments, or both, and the Contractor shall be subject to debarment in accordance with the requirements of Code Section 8102. _______________________________________________________ _____________________________________________ Signature Company Representative Date ________________________________________________________ _____________________________________________ Print Name Title PBPN Request for Proposal – 2022-CM005 Page 41 of 44 Transportation Department Building – Design / Build ATTACHMENT “D” DISBARMENT DISCLOSURE CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS This certification is required by the regulations implementing Executive Order 1249, Debarment and Suspension, 13 CFR part 145. The regulations were published as Part VII of the May 26, 1988 Federal register (Pages 1916-19211). Copies of the regulations are available for the local offices of the U.S. Small Business Administration. 1. The Prospective participant certifies to the best of its knowledge and belief that it and its principles: 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 (3) year period preceding this proposal been convicted of or had a civil judgement 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, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally 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 (3) year period preceding this application Proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification such prospective primary shall attach an explanation to this proposal. 3. 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. _____________________________________________________________ Name of Authorized Representative _____________________________________________________________ Title of Authorized Representative _________________________________________________________________________________ ________________________ Firm Name and Address Date PBPN Request for Proposal – 2022-CM005 Page 42 of 44 Transportation Department Building – Design / Build ATTACHMENT “E” REFERENCES (Print additional copies and complete the information below and attach as part of your Technical Proposal) Bidders are required to submit information about PAST experience to verify performance using this form. Insert the information as requested. Responses shall include the details of at least three (3) individual contracts for services related to those described in this solicitation within the last five (5) years. Do not use references from any past or current contracts with PBPN. Do not use any current PBPN employee as a reference. Contract Title _______________________________________________________________________________________________________ Contract Term / Dates of Work ___________________________ through ______________________________________________ Geographic Area Served: __________________________________________________________________________________________ Company: ___________________________________________________________________________________________________________ Contact Name and Title: ___________________________________________________________________________________________ Address: _________________________________________________ City/State/Zip: ________________________________________ Telephone: ______________________________________ Description of Services Performed: _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ PBPN Request for Proposal – 2022-CM005 Page 43 of 44 Transportation Department Building – Design / Build ATTACHMENT “F” RFP SUBMISSION CHECKLIST Please initial next to each item as to verify that all listed items are included with the electronic submission to PBPN. 1) RFP Signed Technical Proposal (Content completed as per section 3 of RFP) __________ 2) Signed copy of Attachment “C” Drug Free Workplace __________ 3) Signed copy of Attachment “D” PBPN Disbarment Disclosure __________ 4) Attachment “E” References __________ 5) Attachment “B” Cost Proposal (completed as per section 3.7 of RFP) __________ 6) Copy