REQUEST FOR PROPOSALS

FOR

SOLICITATION NO. PW-23-035

SALT RIVER ELEMENTARY SCHOOL (SRES)

PLAYGROUND REVISIONS AND SHADE CANOPIES

Issued By

Salt River Pima - Maricopa Indian Community

Public Works

Scottsdale, Arizona 85256

April 26, 2023

Salt River Pima Maricopa Indian Community

Request For Proposals – Construction Contractor

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TABLE OF CONTENTS

SECTION

I

DESCRIPTION

GENERAL INFORMATION

PAGE

II PROJECT TIMELINE 8

III SCOPE OF WORK 9

IV SELECTION PROCEDURES AND

EVALUATION CRITERIA

V FORMAT FOR PROPOSAL 13

Exhibit A INSTRUCTION TO OFFERORS

Exhibit B

PROPOSAL RATING FORM (Reference Only)

Exhibit C

COST PROPOSAL FORM

Exhibit D

SUPLMENTARY INFORMATION

Exhibit E

DRAWINGS AND SPECIFICATIONS

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SECTION I.

GENERAL INFORMATION

A. PURPOSE:

This Request for Proposals (RFP) is meant to provide prospective firms with sufficient information to enable them to prepare and submit Proposals for consideration by the Salt

River Pima-Maricopa Indian Community (SRPMIC or Community) for playground renovations at the Salt River Elementary School. The RFP is part of a competitive selection process to engage a firm or firms to provide complete services on the project. Submitting Contractors must have a valid License and include the Qualifying Party listed at the time of proposal submittal.

B. INTRODUCTION:

The Community is located in central Arizona in Maricopa County, east of Phoenix metropolitan area adjacent to Hwy 101. The Tribal Headquarters is 10005 East Osborn Road, Scottsdale

Arizona, 85256. The Community is soliciting proposals from General Contractors (GC) for the complete scope of work as defended by this RFP and/ or the attached EXHIBITS.

The Salt River Elementary School (SRES) is located at 11562 E. Highland Ave., Scottsdale, AZ 85256, which is a part of the greater Salt River Schools education complex.

The SRES is comprised of two single story building (approximately 29,000 sf each) along with covered outdoor recreational areas and three playgrounds for varies age groups. SRES services Kindergarten through Sixth Grade and includes classrooms, offices associated support spaces.

Anticipated Project Cost & Funding:

Total Project Cost $1,154,112.00

Construction Cost $961,047.00

Funding Source Federal Grants

This Project is fully funded through Federal Grants. ARPA American Rescue Plan Act and

COVID Education Stabilization Funds.

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C. PROJECT CONSTRUCTION TEAM:

The Salt River Pima-Maricopa Indian Community will use an Owner’s Team to guide this

Project. The Owner’s Team will consist of SRPMIC Public Works Team Members. The selected firm will report to the assigned Public Works Primary Contact listed below.

Name Title Contact Information Dwayne Wilson

PRIMARY CONTACT

Sr. Project Manager PH: 480-362-2666 Email: Dwayne.Wilson@SRPMIC-nsn.gov

Jeffery Littrell Sr. Facility Manager PH: 480-362-6953 Email: Jeffery.Littrell@SRPMIC-nsn.gov

D. INVITATION TO PURPOSE:

The Salt River Pima-Maricopa Indian Community is contacting qualified prospective

General Contractors (GC) in providing the services requested. Submitting contractors must have a valid License and list the Qualifying Party listed at the time of proposal submittal.

E. INQUIRES:

Prospective firms may make written inquiries concerning this RFP to obtain clarification of the requirements. No inquiries will be accepted after the deadline set forth in the “PROJECT

TIMELINE”, Section II. Inquiries must be Email directed to the SRPMIC Public Works

Primary Contact noted above, with cc: to purchasing-bids@srpmic-nsn.gov

F. ADDENDUM OR SUPPLEMENTS TO REQUEST FOR PROPOSAL:

In the event it becomes necessary to revise any part of this RFP, an addendum will be provided to each firm who received the original RFP. The contact person for requesting a copy of this RFP is the SRPMIC Purchasing Department at purchasing-bids@srpmic-nsn.gov.

G. PROPOSAL:

Before submitting a Proposal, Proposer shall examine the Instructions to Offerors, Exhibit A.

Agreement for Services Construction between Owners and Contractor, and all other documents comprising the Request for Proposal (RFP), visit the site, be fully informed of all existing conditions and limitations. Include in the Proposal, a sum to cover the cost of all work required by the RFP. The failure of any Proposer to receive or examine any form, instrument, addendum, or other document, or visit the site and acquaint himself with conditions existing there, will in no way relieve any Proposer from obligations with respect to his Proposal.

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H. INTERVIEWS:

There will be no interviews scheduled at this time. If the review panel deems interviews necessary the Respondents’ will be contacted for scheduling interviews.

I. MANDATORY PRE-PROPOSAL MEETING & SITE VISIT

A mandatory Pre-Proposal Meeting and Site Visit will be held at the Project site, Meet outside the Main Entry, please do not enter the building until instructed. Participants will be required to sign-in to access the site. Masks and COVID restrictions may apply while inside ALL

Community Buildings. Refer to the “PROJECT TIMELINE”, Section II for the date and time.

J. NON COLLUSIVE UNDERSTANDING:

Review Instruction to Offerors Exhibit A.

K. BONDING:

The following bonding is required for this project:

• Bid Bond IS NOT required.

• Performance Bond IS required.

• Payment Bond IS required.

Failure of the Respondent to provide acceptable evidence of bonding capacity sufficient to complete the Project may result in disqualification of the Respondent and rejection of its Proposal.

L. INSURANCE

The Contractor shall purchase and maintain insurance for the duration of the project. Such insurance shall be written for not less than the following limits, or greater if required by law:

1. Professional Liability/Errors and Omissions: Coverage for liability arising out of acts, errors, or omissions in providing or failing to provide professional services in an amount not less than one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) in the aggregate or as may be otherwise required and approved by the Community. The aggregate limits must apply on a per-project or per-location basis. The total amount may be met by means of umbrella or excess coverage or other liability coverage deemed acceptable to the Community.

2. Commercial general liability: Coverage in an amount not less than one million dollars

($1,000,000) each occurrence, and two million dollars ($2,000,000) in the aggregate.

The aggregate limits must apply on a per-location or per-project basis. The total amount may be met by means of umbrella or excess coverage or any other coverage acceptable to the Community.

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3. Auto liability: Coverage as shown in the ISO Business Auto Coverage standard form, or the equivalent, with Covered Auto Designation Symbol 1, in an amount not less than one million dollars ($1,000,000), or other auto liability coverage acceptable to the

Community.

4. Worker’s Compensation/Employer’s Liability: The Community is not responsible for acquiring workers compensation or employer’s liability insurance, or otherwise covering Contractor or its employees with such insurance. Contractor agrees to comply with any state and local workers compensation or employer’s liability requirements regarding its workers. Contractor waives any right of subrogation for its workers compensation coverage.

5. Proof of insurance: Contractor shall provide the Community with an original certificate of insurance for each type of insurance coverage described herein and with originals of any required additional insured endorsement(s). Documents may be faxed directly from the insurance carrier to the Community.

6. Additional Insured: Except for workers compensation coverage, the Community must be named as an additional insured on the Certificates of Insurance. The Consultant’s insurance shall be primary in the event of loss and the additional insured endorsement must include language specifically stating that the Community is to be covered for all the activities performed by or on behalf of the Consultant, including the Community’s general supervision of the Contractor.

7. Occurrence Basis: Each coverage described above shall be on an “occurrence” basis and not on a “claims made” basis. If “occurrence” basis coverage is unavailable, Contractor agrees to obtain and keep in force “tail” coverage for three (3) years beyond the end of the Agreement. Any such period may be extended by agreement of the parties.

8. Notice of Cancellation: All insurance shall be carried with companies which are financially responsible and admitted to do business in the State in which the project is located. If any such insurance is due to expire during the duration of the agreement, the Contractor (including sub-contractors, as applicable) shall not permit the coverage to lapse and shall furnish evidence of coverage to the Community. All certificates of insurance, as evidence of coverage, shall provide that no coverage may be cancelled or non-renewed by the insurance company until at least 30 days prior written notice has been given to the Community.

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M. DAVIS BACON:

Davis Bacon/ Prevailing Wage Rates DO apply to this project.

The Project is entirely funded through Federal grants, at this time it should be assumed that

Davis Bacon/ Prevailing Wage Rates apply to this project and should be included in the proposed pricing form.

N. TERMINATION:

SRPMIC reserves the right to reject all proposals and cancel at any time for any reason this solicitation, any portion of this solicitation or any phase of the Project. The Community shall have no liability to any proposer arising out of such cancellation or rejection. The SRPMIC reserves the right to waive minor variations in the selection process.

O. EDUCATION BACKGROUND CHECK:

For projects on or within the Community’s Educational Buildings and or/ Complex a background check will be required for ALL construction personnel who have access to students and who will be on campus more than two times in a calendar year.

P. NEGOTIATION:

The Community will negotiate any provision not addressed by this solicitation with the selected

Respondent.

In the event the Community is unsuccessful in negotiating a contract with the selected

Respondent, the Community will then negotiate with the next Respondent in the ranking and so on until a contract is executed, or may decide to terminate the selection process.

The Community reserves the right to conduct concurrent negotiations with all responsible

Respondents for the purpose of determining source selection and/or contract award.

Q. PROHIBITION AGAINST CONTINGENT FEES:

Offerors shall not retain a person or agency to solicit or obtain an SRPMIC contract for a contingent fee, except a bona fide employee or agency. For breach or violation of this policy, SRPMIC shall have the right to annul such contract without liability or to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

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SECTION II.

PROJECT TIMELINE

A. PROJECT TIMELINE:

The SRPMIC requires construction to be completed in 145 calendar days after Notice to

Proceed Please make sure your firm can meet the timeline prior to submitting.

TASK ITEM DATE COMMENTS

Request for proposal issued Wed, 4/26/2023

Mandatory Pre-Proposal Meeting Tue, 5/9/2023 11:00 AM

Deadline for questions to SRPMIC Mon, 5/22/2023 4:00 PM

SRPMIC Response to RFI Wed, 5/24/2023 4:00 PM

Proposals Due Fri, 5/26/2023 4:00 PM

Proposal Review & Selection Wed, 6/7/2023

Notice of Intent to Award Thu, 6/8/2023

Contract Execution Wed, 6/14/2023

Notice to Proceed Wed, 6/21/2023

Construction Start Thu, 7/6/2023

Substantial Completion Thu, 1/25/2024

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SECTION III.

SCOPE OF WORK

A. PROVIDE ALL LABOR AND MATERIAL FOR THE FOLLOWING:

Scope of work as defined on the attached drawings and specifications (EXHBIT E). Work

Includes demolition of existing construction, site rough and fine grading, landscaping, concrete work, structural steel, playground equipment and rubberized walking and play surfaces.

Scope of work includes but is not limited to the following:

This RFP DOES require a Fulltime Company Superintendent to oversee all subcontractor disciplines.

B. ALLOWANCES

This RFP DOES include Allowances. Refer to drawings and Specifications for additional information. Cost of the Allowance/s to be included in the Base Bid of the Cost Proposal as defined in Section V.

Allowance 01: Provide an Allowance of $15,000 for off hours work, including nights and weekends. Extent and scope of work to be determined.

C. ALTERNATES

This RFP DOES include Alternates. Refer to drawings and Specifications for additional information. Cost of the Alternates/s to be separate from the Base Bid of the Cost Proposal as defined in Section V. The Community reserves the right to accept or reject any or all

Alternates and to select Alternates in any order and/ or combination.

☒ Existing Conditions

☒ Demolition

☒ Concrete

☐ Masonry

☒ Structural Steel

☐ Steel Joist Framing

☒ Steel Deck

☒ Metal Fabrications

☒ Rough Carpentry

☐ Water Repellants

☐ Insulation

☐ Stucco - EFIS

☒ Roof System

☐ Sheet Metal

☐ Roof Accessories

☒ Sealants

☐ Doors & Frames -HDW

☐ Overhead Sectional Doors

☐ Finishes

☐ Specialties

☐ Fire Suppression

☐ Plumbing

☐ Mechanical

☐ Electrical

☐ Communications-Data-AV

☐ Security

☐ Fire Alarm

☒ Earthwork & Asphalt

☒ Exterior Improvements

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• Base Bid - Scope to consist of new playground equipment, shade canopy and all associated site work.

• Alternate 1 – New rubberized Walking Track surface and all associated site work.

• Alternate 2 – New Bus Canopy and all associated site work.

D. UNIT PRICES

This RFP DOES NOT include Unit Prices. Refer to drawings and Specifications for additional information. Cost of the Unit Prices to be separate from the Base Bid of the Cost Proposal as defined in Section V.

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SECTION IV.

SELECTION PROCEDURES AND EVALUATION CRITERIA

The Community will review all properly submitted Proposals, and may contact Respondents to request further information. Upon receipt of Proposal, the Public Works review panel will review the qualifications and submit its selection recommendations to Tribal Administration for approval.

The decision by the Tribal Administration shall be considered final and is not subject to appeal.

The Community will make its selection based upon the Selection Procedures and Evaluation

Criteria identified herein as they relate to the Scope of Services required.

The Community will objectively evaluate Proposals using qualifications-based criteria by an internal review panel. All responses to this RFP will be evaluated based on the following sections identified below. Each section has an assigned point value with a total value for all sections of

100. Firms may earn up to the number of points assigned in each category. Among the factors considered in evaluating this Proposal, the following are significant:

• Company’s Experience with similar facilities and type of construction

• Quality of project staff and subcontractor to be assigned to this project

• Ability to meet project schedule and current workload strategy

• Cost Competitiveness

• Responsiveness to RFP

Submitting contractors must have a valid License at the time of proposal submittal.

Failure of a firm to provide in its proposal information requested in this RFP may result in disqualification of the proposal. The Public Works review panel will recommend the entity, which has submitted a proposal that is most responsive to the Salt River Pima-Maricopa Indian

Community’s needs.

A. EXECUTIVE SUMMARY/ COMPANY INFORMATION (5 POINTS):

The Community will evaluate the overall responsiveness to the RFP. In addition to proving all pertinent Company and contact information the summary should address overall experience, team qualifications, and expertise in relation to the project.

B. RESPONDENT’S EXPERIENCE WITH SIMILAR FACILITIES/ PROJECTS (25

POINTS):

The Community will evaluate the technical qualifications of the Respondents and of their proposed personnel and subcontractor/s. The evaluation will include the Respondents’ past experience, emphasizing experience on multiple project sites and working in occupied facilities. The qualifications should reflect demonstrated ability and past offering of services similar to the scope of services contained herein

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In addition Respondents shall provide past experience working within the Community.

Demonstrate the understanding of the Community operation, procurement, and standards.

C. PROJECT ADMINISTRATION AND MANAGEMENT TEAM (20 POINTS):

The Community will evaluate each key person and subcontractor identified, and their ability to perform on this project based on comparable projects in which they have played a primary role.

D. UNDERSTANDING OF PROJECT AND APPROACH TO CONSTRUCTION

SERVICES (25 POINTS):

The Community will evaluate Respondents proposed cost controls, schedule and current assigned staff workload in relation to the anticipated “PROJECT TIMELINE” as defined in

Section II.

E. NATIVE AMERICAN PREFERENCE AND EXPERIENCE (10 POINTS MAXIMUM):

The Community will evaluate the Respondents Native American preference and/ or experience based on the documentation provided.

• Ten-points (10), will be automatically awarded to Consultants that are Preferred

Vendors who are certified as Community-member or Community owned.

• Eight-points (8), will be automatically awarded to Consultants that are Preferred

Vendors who are certified as “Other Native American-owned”.

o Alternatively, firms who have not been pre-certified as Preferred Vendors may still qualify as Indian organizations or Indian-owned economic enterprises by submitting the requested documentation as part of their RFP.

• Zero - Five-points (0-5), The Community will evaluate Respondents experience and familiarity with the unique needs of Native American tribes. Emphasis will be placed on recent experience and demonstrated sensitivity to SRPMIC or other Native

American design standards.

F. COST PROPSAL (15 POINTS):

Provide a Lump Sum cost proposal inclusive of task line items as defined in Section V.

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SECTION V.

FORMAT FOR PROPOSAL

A. EXECUTIVE SUMMARY/ COMPANY INFORMATION:

1. On the first page of the response include:

a. Company’s name(s),

b. Business address and office location(s),

c. Identify if your company has Native American ownership or is claiming Native

American Preference

d. Telephone number(s),

e. Year(s) established,

f. AZROC Current contractor’s licenses. Include type, category, and number and

Qualifying Party associated with the license.

g. Number of principals, and total number of employees,

h. Name and title of primary contact person for this project.

B. RESPONDENT’S EXPERIENCE WITH SIMILAR FACILITIES/ PROJECTS:

1. For no less than three (3) and no more than five (5) projects, which you believe to be similar to the current project scope, please provide the following information in tabular form.

a. Facility or project name, location, contact person and current telephone number. For each project listed, indicate three (3) contact persons:

i. Facility operator;

ii. Project Manager; and

iii. Owner (i.e. Tribe, County, or State).

b. Brief description of the facility, type of supervision, and/or special conditions implemented.

c. The role of the individuals on this project.

d. A history of change orders on the project including amount and reason for the change.

e. For each of the projects listed above, include the following information:

i. Date engaged

ii. Date completed

iii. Project estimated cost and cost on completion.

2. List all past, current and pending litigation against company, any of its principal employees or sub-consultants or sub-contractors within the last five (5) years, and the current status of the litigation.

C. PROJECT ADMINISTRATION AND MANAGEMENT TEAM:

1. Identify the key personnel designated to work on this project, including the project manager and superintendent (Note, project requires full time superintendent to oversee all subcontractor disciplines). A resume for each member of the project

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a. Name

b. Job assignment

c. Percent of time to be assigned to this project

d. Previous experience directly applicable to this project

e. Previous experience indirectly applicable to the project

f. Educational/professional training

g. Length of time employed by the company

2. List of all Subcontractors to be utilized on the project.

D. UNDERSTANDING OF PROJECT AND APPROACH TO CONSTRUCTION

SERVICES:

1. Develop a project schedule indicating dates of all required submittals and construction activities. Schedule should incorporate critical or target dates from the “PROJECT TIMELINE” as defined in Section II.

2. Provide a brief list of the firm’s current commitments/ availability (number, dates and scope of projects) through construction and the proposed staff individuals assigned to each commitment. Indicate proposed staff current Percentage (%) of time assigned to each project.

The assigned point range as noted in Section IV will be ranked based on the Proposals demonstrated experience and familiarity with the unique needs of Native American tribes.

Emphasis will be placed on recent experience and demonstrated sensitivity to SRPMIC or other Native American design standards. Project examples should define total number and type of projects, and the firm’s share of the overall project cost on those examples. Describe you firm’s past experience working with the Community and Public Works departments and staff.

E. NATIVE AMERICAN PREFERENCES AND EXPERIENCE:

The assigned points as noted in Section IV, will be automatically awarded to Consultants that are Preferred Vendors who are certified as Community-member or Community owned, as defined in accordance with SRPMIC Policy 3-5 (Procurement Policy), Section IV.C.3.

The assigned points as noted in Section IV, will be automatically awarded to Consultants that are Preferred Vendors who are certified as “Other Native American-owned”.

Simply working with one or more of the SRPMIC Preferred Vendors does not entitle a firm to any of those points reserved for Native American Preference.

Alternatively, firms who have not been pre-certified as Preferred Vendors may still qualify as

Indian organizations or Indian-owned economic enterprises by submitting the following information as part of their Proposal:

• Evidence showing fully the extent of Indian ownership and interest.

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• Evidence of structure, management and financing affecting the Indian character of the enterprise, including major subcontracts and purchase agreements, materials or equipment supply arrangements, management salary or profit-sharing arrangements, and evidence showing the effect on these on the extent of Indian ownership and interest.

• Evidence sufficient to demonstrate to the satisfaction of the Community that the prospective firm has the technical, administrative, and financial capability to perform the contract work involved in the RFP.

The assigned point range as noted in Section IV will be ranked based on the Proposals demonstrated experience and familiarity with the unique needs of Native American tribes.

Emphasis will be placed on recent experience and demonstrated sensitivity to SRPMIC or other Native American design standards. Project examples should define total number and type of projects, and the firm’s share of the overall project cost on those examples. Describe you firm’s past experience working with the Community and Public Works departments and staff.

F. COST PROPOSAL:

1. Provide a Lump Sum cost.

2. Include a task line item unit cost breakdown by contractor/ trade for the following but not limited to:

a. General Conditions/ Project Administration

b. Material

c. Labor

d. Fee, Profit & Overhead

e. Insurance

f. Bond/s if required by this RFP

g. Include a line item for any Allowances requested in the RFP, Drawings or

Specifications

h. Include any Alternates requested in the RFP, Drawings or Specifications

i. Include any Unit Costs requested in the RFP, Drawings or Specifications

3. Use the “Cost Proposal Form”, if one is included as part of the Exhibits to this RFP.

G. PROPOSAL SUBMISSION:

(1) Electronic PDF of the Request for Proposal (RFP) must be received on or before the date and time noted in the “PROJECT TIMELINE” table Section II. The RFP package should be emailed to the name and address listed in the Instruction to Offerors, subsection Submission of Offer. RFPs WILL NOT be accepted after the stated deadline date/ time.

• Electronic proposals only.

• Submittals are limited to one email with a maximum file size of 25 MB.

Please send questions regarding the submittal requirements to:

Purchasing-bids@srpmic-nsn.gov

Revision Date: 10/19/21

EXHIBIT A

INSTRUCTIONS TO OFFERORS

TABLE OF CONTENTS:

I. Defined Terms

II. Information Requests, Interpretations and Addenda

III. Copies of Solicitation

IV. Submission of Offer

V. Contract Forms of Assurance

VI. Designation of Subconsultants / Subcontractors

VII. Certification / Non-Collusive Acknowledgement

VIII. Disclosure of Interest

IX. Withdrawal of Offer

X. Award of Contract

XI. Community Affiliated and Native American Business Preference

XII. Utilization of Salt River Pima-Maricopa Indian Community Materials

XIII. Compliance with Davis Bacon Act and Other Federal Regulations

XIV. Cultural Sensitivity Training

XV. Business License

XVI. Pre-Submittal Conference

XVII. Standards and Guidelines

Appendix A – Designation of Professional Services Subconsultants Appendix B – Demonstration of Application of Native American Preference for

Subconsultants

Appendix C – Preferred Vendor List Appendix D – Non-Collusive Affidavit

INSTRUCTIONS TO OFFERORS

DEFINED TERMS

1. Addendum / Addenda: Any written document issued by the Community for the purpose of making changes to the Solicitation.

2. Agreement: The written instrument which is evidence of the agreement between Owner and Offeror covering the Work. Upon fully executing the Agreement, it becomes a Contract.

3. Amendment: Any written document issued for the purpose of making changes to the Contract.

4. Certified: Businesses or individuals that have met all qualifying standards set by the Salt River Pima-

Maricopa Indian Community. This applies to a Community-owned business, Community Member-owned business, individual Community Member, or other Native American-owned business.

5. Community: The Salt River Pima-Maricopa Indian Community, including government, administration, departments, divisions, enterprises and programs.

6. Community Member-owned Business: A properly licensed business established or organized to conduct business on the Community, in which an enrolled member of the Community owns at least

51% of the financial interest in the company. If the company is owned by more than one enrolled member of the Community, the combined ownership interest must be at least 51%. Additionally, at least one of the enrolled member owners must be able to demonstrate active participation in the daily operations, and decision making of the company, and entitlement to at least 51% of the company profits, as evidenced by company documents.

7. Community-owned Business: Any business or activity that is wholly created and owned by the

Community and operated for the purpose of returning profits to the Community. Also referred to as

“Community Enterprise”.

8. Community Supplier: Any business enterprises that are owned by, supplied by, or which are divisions of the Community as designated in writing by the Community and provide supplies or materials.

9. Contract Documents: All the written and graphic documents that make up a particular contract.

These may include the agreement between the owner and successful Offeror, all conditions of the contract including any changes to the original contract and any other items specifically itemized as being part of the contract documents.

10. Exhibit: Any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the

Solicitation.

11. Native American-Owned Business: A properly licensed business established or organized to conduct business on the Community, in which a Native American owns at least 51% of the financial interest in the company. If the company is owned by more than one Native American, the combined ownership interest must be at least 51%. Additionally, at least one of the Native American owners must be able to demonstrate active participation in the daily operations and decision making of the company and entitlement to at least 51% of the company profits, as evidenced by company documents.

12. Offer: A Bid, Proposal, Statement of Qualifications (SOQ), or Quotation.

13. Offeror: A vendor who responds to a Solicitation.

14. Outside Funding Source: Any funds that do not come directly from the Community. Generally, this will be funds received from the state or federal government pursuant to a governmental grant or intergovernmental agreement.

15. Restricted Solicitation: A solicitation restricted to certified Community-owned businesses, certified

Community Member-owned businesses, and certified individual Community Members.

16. Solicitation: An Invitation to Bid, a Request for Proposals (RFP), Request for Statement of

Qualifications (SOQ), or a Request for Quotations (RFQ).

17. Unrestricted Solicitation: A solicitation open to all qualified bidders.

18. Work: All labor, equipment, and materials required to complete a project in accordance with the contract documents.

INFORMATION REQUESTS, INTERPRETATIONS AND ADDENDA

Requests for additional information relating to this Solicitation should be directed to the

Community assigned Purchasing Buyer and/or Project Manager indicated on the Invitation to

Offerors and/or within the Solicitation Packet.

All inquiries about the meaning or intent of the Solicitation shall be submitted in writing.

Interpretations or clarifications considered necessary by the Community in response to such inquiries will be issued by Addenda to all parties recorded by the Community as having received a Solicitation Packet. Inquiries received outside the Proposals scheduled due date may not be answered. Only answers issued by Addenda will be binding. The Community is not required to respond to all inquiries. Oral and other interpretations or clarifications will be without legal effect.

The Community reserves the right to amend or withdraw the Solicitation at any time prior to the specified due date and time, for convenience. Addenda will be numbered consecutively and issued in accordance with the provisions in “Copies of Solicitations”.

COPIES OF SOLICITATION

Solicitation Packets can be obtained through the method indicated in the Solicitation request.

Offerors who are picking up a Solicitation Packet are responsible for completing the Solicitation

Registration Form in order to be notified of associated addenda. Offerors requesting an electronic copy of the Solicitation Packet, via Email, need to ensure their contact information is included in the Email request in order to be notified of associated addenda. All addenda will be issued via the registered contact information. Therefore, it is critical that all contact information is completed on the Solicitation registration form or included in the Email request.

Offerors are strongly encouraged to carefully read the entire Solicitation Packet and ensure they are familiar with the scope of work, laws, regulations, policies, and other factors that affect the

Contract performance.

The Community, by making Solicitation Packets available to Offerors, does so only for the purpose of obtaining Offers for the Work and do not authorize or confer a license or grant for any other use.

SUBMISSION OF OFFER

A. Offers shall follow the format outlined in the Solicitation Packet.

B. At a minimum, Offers shall include the following:

a. Offer

b. Acknowledgement of any addenda

c. Completed Appendix A – Designation of Professional Services Subconsultants

d. Completed Appendix B – Demonstration of Application of Native American

Preference for Subconsultants

e. A signed Non-Collusive Affidavit

f. If applicable, a completed and signed Fee Breakdown

Failure to include any of the requested information may have a negative impact on the evaluation of the Offeror’s submittal.

C. Email Offers to Purchaing-bids@srpmic-nsn.gov.”

Email subject line should include: Project Name - (Solicitation #)

D. In the interest of fairness to all Offerors and to allow for the Community’s timely review, Offers must be received by the date and time specified in the Solicitation Packet. Late

Offers will not be accepted.

E. All Offers become property of the Community upon submission. Offers will not be publically shared or provided to other Offerors. The Community will keep all Offers confidential.

F. The Community will not reimburse any Offeror the cost of responding to a Solicitation.

CONTRACT FORMS OF ASSURANCE

In accordance with the Community’s procurement policy, contract forms of assurance may be required for all contracts in excess of $100,000.00.

Contract forms of assurance in the following amounts will be required at the time of executing the formal contract and shall be payable to the Salt River Pima – Maricopa Indian Community.

a. Performance Bond: One Hundred (100%) percent of the contract price

b. Payment Bond: One Hundred (100%) percent of the contract price.

DESIGNATION OF SUBCONSULTANTS / SUBCONTRACTORS

Offerors shall complete the Designation of Professional Services Subconsultants (Appendix A) for all subconsultants whose subdivisions or specialties account to five (5) percent or more of the total scope of work. For additional information on this requirement, Offerors shall reference Item

E of the Community Affiliated and Native American Business Preference Section of these instructions for information on the Community’s preference to utilize certified Community Member-owned or Native American-owned businesses.

Upon award, selected Offeror shall submit a list, naming the subcontractors who will be used in performing the work; this list is for the use by the Community to determine the competency and compatibility of those who will work on this project. This list shall be completed by using the attached Designation of Construction Services Subcontractors form. If the selected Design-Build team will be performing any of the work, then they shall be listed opposite that trade with the appropriate license number.

The contractor may not employ subcontractors not named in such list without express written permission by the Community.

By this requirement, the Community does not establish any contractual relationship between the

Community and any subcontractor, the sole purpose and function of this requirement being set forth in the first sentence of this section.

CERTIFICATION / NON-COLLUSIVE ACKNOWLEDGEMENT

By signature on the Offer or cover letter accompanying the submittal documents and the Non-

Collusion Affidavit, the Offeror certifies that:

A. The Offeror did not engage in collusion or other anti-competitive practices in connection with preparation or submission of the Offer.

B. The Offeror has not discriminated against any employee, applicant for employment or person to whom it provides service because of race, color, religion, sec, national origin, or disability.

C. The individual signing the Offer is an authorized agent for the Offeror and has the authority to bind the Offeror to the Contract.

DISCLOSURE OF INTEREST

Respondents shall disclose knowledge of any employee who has interest, direct or indirect, in the scope of work, including:

1. Current or former Community members

2. Current or former Community employees

3. Past or present elected officials of the Community

4. Past or present elected officials of any other public jurisdiction in Arizona

WITHDRAWAL OF OFFER

At any time prior to the specified due date and time, Offeror may withdraw their Offer by a written letter or Email. Oral withdrawals will not be considered.

AWARD OF CONTRACT

The Community will make its selection based upon the significant evaluation factors identified in the Solicitation Packet. The Contract will be awarded to the responsible Offeror provided the

Offer is reasonable, and in the best interest of the Community, in accordance with the Community

Procurement Policy and external grant funding policies. The Offeror, to whom the award is made, will be notified at the earliest practicable date. The Community will negotiate any provisions not addressed within the Solicitation Packet with the selected Offeror.

The Community reserves the right to conduct discussions with Offerors for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the Offer in order to clarify the Offer and assure that the Offeror has a complete understanding of, and responsiveness to, the Solicitation requirements.

The Community reserves the right to make multiple awards or to award by individual line items, by group of line items, or to make an aggregate award, whichever is deemed most advantageous to the Community. If the Community determines that an aggregate award to one Offeror is not in the Community’s best interest, “all or none” Offers shall be rejected.

The Community reserves the right to reject any and all Offers, or any part thereof; to accept any

Offer, or any part thereof; or to waive any informalities when it is deemed to be in the Community’s best interest.

The Community also reserves the right to reject the Offer of any Offeror who has previously failed to perform properly, or to complete on time, contracts of a similar nature; who is not in a position to perform the contract; or who has habitually and without just cause neglected the payment of bills or otherwise disregarded his obligations to subconsultants, subcontractors, suppliers, or employees.

COMMUNITY AFFILIATED AND NATIVE AMERICAN BUSINESS PREFERENCE

A. POLICY

1. It is the policy of the Community to promote the success and growth of Community affiliated and other Native American businesses. To implement this policy, the Community through its Procurement Policy, has authorized the Purchasing Department to apply a preference to these businesses in the award of contracts for goods and/or services. The preference will be given in the method described below and in the following order.

(1) Certified Community-owned businesses;

(2) Certified Community Member-owned businesses and certified individual Community

Members and;

(3) Other Certified Native American businesses.

2. External Funding Source Applicability

If the contract with an outside funding source has a non-discrimination clause that requires compliance with the state non-discrimination laws, regulations, polices or executive orders, Community Member or Native American preference may be used only if the contract or grant with the outside funding source refers to 25 U.S.C. § 450e (b) and (c) and/or 42 U.S.C. § 2000e-2 or otherwise allows member and Indian preference.

B. CERTIFICATION

All Offerors seeking preference as a Community Member-owned or Native American-owned business shall be certified as such prior to the solicitation due date. A firm or individual seeking certification as a Community Member-owned or Native American-owned business shall contact the Purchasing Department to determine certification requirements and obtain an application.

C. RESTRICTED SOLICITATIONS

1. All solicitations will initially be restricted to certified Community-owned businesses, certified Community Member-owned businesses, and certified individual Community

Members.

2. The Purchasing Department will first seek to obtain competitive proposals, quotes, or bids for a particular good or service from one or more certified Community-owned businesses.

The Department will attempt to negotiate a mutually acceptable price if the goods or services required are available from a sole Community-owned business source.

3. If, through a competitive procurement method or direct negotiation, the Department does not award a contract to a Community-owned business for the goods or services required the Department will then seek to obtain competitive quotes or bids from one or more certified Community Member-owned businesses or certified individual Community

Members. The Department will attempt to negotiate a mutually acceptable price if the goods or services required are available from a sole certified Community Member-owned business or certified individual Community Member source.

D. UNRESTRICTED SOLICITATIONS

1. If a restricted solicitation does not result in an award of a contract, the Purchasing

Department will then seek to obtain competitive proposals, quotes, or bids from certified

Native American businesses and other qualified Offerors.

2. Award shall be made under unrestricted solicitations to the Offeror who receives the highest overall score based on the Significant Evaluation Factors identified in the

Solicitation Packet. A portion of the overall score will be based on the Offerors being a certified Native American business.

E. SUBCONSULTING / SUBCONTRACTING PROCEDURES

1. Prime Offerors that intend to subcontract a portion of the required scope of work or purchase goods in the performance of the work shall first seek to develop subconsultant, subcontractor, and/or supplier interest from certified Community Member-owned businesses. If an agreement cannot be negotiated then the Prime Offeror shall contact the other Native American-owned businesses and other certified businesses prior to other subconsultants, subcontractors, or suppliers. The Designation of Professional Services

Subconsultants (included as Appendix A to these instructions) or Designation of

Construction Services Subcontractors (Appendix C) shall be filled out, if applicable. A list of current certified businesses with contact information and description of services or goods provided is included as Appendix E to these instructions.

2. If there are certified Community Member-owned or Native American-owned businesses that provide services related to the scope of work, Offerors shall submit evidence with their

Offer that these businesses were contacted. The documentation should include which businesses were contacted and whether they indicated an interest in partnering. The

Demonstration of Application of Native American Preference for Subconsultants (included as Appendix B to these instructions) or Demonstration of Application of Native American

Preference for Subcontractors (included as Appendix D to these instructions) shall be used. Offers not containing the documentation or demonstrating a reasonable attempt to the satisfaction of the Purchasing Department to contact the certified businesses shall be deemed non-responsive.

3. Successful Offerors shall purchase goods from or subcontract portions of the work to certified businesses to the extent that such businesses are equivalent to or better than other non-community businesses with respect to licensure, bond, performance, quality, and cost.

4. The Community does not imply endorsement of any certified business. Any dispute arising between the Offeror and subconsultant. Subcontractor, or supplier shall be subject to the provisions of the prime agreement.

UTILIZATION OF SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY MATERIALS

If at any time Community funds are used as a source of payment for a contract and applicable materials are required as part of the scope of work, materials are to be purchased from the Salt

River Materials Group and other business enterprises owned by or supplied by or which are divisions of the Community (“Community Suppliers”) to the extent that the quantity, quality, specifications, cost and availability of the product available from Community Suppliers are equivalent to or better than those which are required by the scope of work and available from other suppliers. If applicable, Offeror shall notify all suppliers about the requirement to use

Community Suppliers on projects within the Community prior to receiving quotes for projects.

If applicable, Offeror is responsible for obtaining the current list of Community suppliers and shall contact the Community Project Manager to obtain the most current list. Specific requirements, if any, will be included in the Solicitation Packet.

COMPLIANCE WITH DAVIS BACON ACT AND OTHER FEDERAL REGULATIONS

The funding for this contract may be provided (in whole or in part) from Federal sources and therefore may be subject to Federal regulations such as the Anti-Kickback Act, Davis Bacon Act, Disadvantage Business Enterprise, Civil Rights Act, Buy American Act, Lobbying and Influencing

Federal Employees, Equal Employment Opportunity Act, Contract Work Hours Standard Act, and other federal requirements. Specific Federal requirements, if any, will be included in the

Solicitation Packet.

CULTURAL SENSITIVITY TRAINING

All field personnel of the selected Offeror, sub-consultants, and sub-contractors are required to attend the Cultural Sensitivity class provided by the Community’s Cultural Preservation Program.

It is highly recommended, but not required, that all of the Offerors employees who will be working within the Community also attend the class. The Cultural Sensitivity Training will provide information regarding Community and Federal laws and ordinances protecting sacred sites and artifacts. The class is approximately two (2) hours long and is provided at no cost to the Offeror and their sub-consultants. No additional measurement or payment will be made to the Offeror or their subconsultants for attending the Cultural Sensitivity class; the cost is considered incidental to the project.

BUSINESS LICENSE

The selected Offeror will be required to obtain, and maintain, a current Community Business

License and Privilege Tax License prior to any agreement being approved by the Community.

The cost of a new Business License and Privilege Tax License is currently $105.00 (renewals are

$80.00) and may be obtained from the Economic Development Department by contacting them at (480) 362-7649 or online at www.srpmic-nsn.gov/economic.

PRE-SUBMITTAL CONFERENCE

If scheduled, a Pre-Submittal conference will be held during the date and time indicated on the

Invitation to Offerors and/or within the Solicitation Packet. If attendance is mandatory, that will be indicated there as well. Minutes of the meeting will be distributed as part of an Addendum.

Offerors are responsible for legibly signing the attendance list and for making sure their names appear on the attendance list that will be attached to the minutes.

STANDARDS AND GUIDELINES

The Offeror shall be familiar with and incorporate the following standards and guidelines for work associated with this Solicitation:

A. AASHTO, ACI, ADA, ADOT, AIA, ASTM, CSI, EJCDC, EPA, ICBO, OSHA

B. Construction Specifications Institute (CSI) 2004 MasterSpec standard for organizing specifications

C. MAG Uniform Standard Specifications and Details for Public Works Construction

(Current Edition)

D. SRPMIC Supplement to MAG Uniform Standard Specifications and Details for Public

Works Construction

E. 2015 International Building Code

F. 2015 International Fire Code

G. 2015 International Plumbing Code

H. 2015 International Mechanical Code

I. 2014 National Electric Code

J. 2015 International Residential Code

K. 2015 International Private Sewage Disposal Code

L. 2015 International Fuel Gas Code

M. 2015 International Property Maintenance Code

N. 2015 International Energy Conservation Code

O. 2015 International Existing Building Code

P. 2015 NFPA 101 Life Safety Code

Q. 2009 Manual on Uniform Traffic Control Devices

R. Exhibit A – SRPMIC Building Code Amendments (2011)

S. Exhibit B – SRPMIC Fire Code Amendments (2011)

T. 2003 ANSI A 117.1

U. Maricopa County Flood Control District “Drainage Design Manual for Maricopa County”

(Current Edition)

V. AASHTO Roadside Design Guide (Current Edition)

W. AASHTO A Policy on Geometric Design of Highways and Streets (Current Edition)

X. AASHTO Guidelines for Geometric Design of Very Low Volume Local Roads (Current

Edition)

Y. SRPMIC Code of Ordinances (Floodplain and Drainage Ordinance)

Z. SRPMIC Zoning Ordinance

AA. SRPMIC Development and Design Standards for Commercial Corridors

BB. SRPMIC General Development Plan

CC. SRPMIC Vision Statement

DD. All other standards and guidelines applicable to the associated Work

Appendix A

Designation of Professional Services Subconsultants

APPENDIX A

DESIGNATION OF PROFESSIONAL SERVICES SUBCONSULTANTS

The respondent will hereinafter state the subconsultants who will be engaged with the respondent to the foregoing solicitation for each particular subdivision or specialty required for completion of the entire scope of work. Only those subdivisions or specialties amounting to five (5) percent or more of the total scope of work need be included. For each included specialty, state the firm name and registration number, if applicable. Also state the first name, last name and registration number of the professional registrant having full authority and responsible charge of the branch or firm listed. Provide the address, phone number and e-mail address of each firm or branch office with whom the respondent will engage. Where no subconsultant is listed for a particular phase of the work, it is understood that the respondent will perform the work. No changes or substitutions may be made in these subconsultants except upon the prior approval of the Salt River Pima -

Maricopa Indian Community.

The undersigned certifies that the services of the following listed subconsultants were used in making up the proposal, and that the subconsultants listed will be used for the work for which they proposed, subject to the approval of the Community’s

Project Manager, and in accordance with the applicable provisions of the solicitation and any subsequent addenda.

SPECIALTY SUBCONSULTANT

ADDRESS, PHONE, E-MAIL AND

FIRM/BRANCH REGISTRATION NO.

1.

PHONE NO.:

E-MAIL:

REGISTRATION NO.

2.

3.

4.

APPENDIX A

DESIGNATION OF PROFESSIONAL SERVICES SUBCONSULTANTS

SPECIALTY SUBCONSULTANT

ADDRESS, PHONE, E-MAIL AND

FIRM/BRANCH REGISTRATION NO.

5.

6.

7.

8.

9.

*Please insert additional pages as necessary.

Appendix B

Demonstration of Application of Native American Preference for Subconsultants

APPENDIX B

DEMONSTRATION OF APPLICATION OF NATIVE AMERICAN PREFERENCE FOR SUBCONSULTANTS

Please list all subconsultants from the SRPMIC…