INVITATION FOR BID FOR CONSTRUCTION SERVICES IFB DPW08 ...

INVITATION FOR BID

FOR CONSTRUCTION SERVICES

IFB # 12-02-11

DPW08-66 District 5 0.24 MGD Wastewater Lagoon Expansion

Bid Due Date:2:00 p.m. January 28,2010

Submit 1 Original and 3 copies

Issued By:

Gila River Indian CommunityProperty and Supply Department

December 28,2010

Table of Contents

Section Description Page

Administrative Information 1-3

II General Scope of Work 4

III Special Terms and Conditions 6-8

IV Submittal of Invitation For Bid 10-12

Attachment A Request for Award of Indian Preference 13-19

PointsAttachment B Suspension and Debarment Certification 20

Submission materials list 21

Federal Grants 22-24

Non-Collusive affidavit 25

Gila River Indian Community Tribal Projects Development Dept.

IFB for Construction Services - DPWQ8-66 District 5 Wastewater Lagoon Expansion ProjectSection 1- Administrative Information

A. Purpose

The purpose of this Invitation For Bid (IFB) is to qualify several competent contractors to providesufficient information to enable them to prepare and submit a bid for consideration by the GilaRiver Indian Community (the 'Community').

Notice is hereby given that bids will be received by the Community's Property & SupplyDepartment to furnish all labor, materials, equipment, and services required to construct District 5Wastewater Lagoon Expansion Project Construction in accordance with the plans, specifications,and provisions of the contract.

B. Location

The Community is located in Central Arizona in Maricopa and Pinal Counties. The reservation issouth of the Phoenix metropolitan area divided by Interstate 10. Sacaton, the location of the tribalheadquarters is approximately 30 miles southeast of Phoenix. The reservation containsapproximately 372,000 acres (581 square miles) of which approximately one-third lies inMaricopa County and the remainder in Pinal County (tribally-owned land accounts forapproximately 26 percent). The majority of these lands are in trust status. For governmentalpurposes, the reservation is organized into seven (7) districts.

This work will be performed in District 5 within the Gila River Indian Community, Pinal County,Arizona.

C. Schedule of Activities

1. Advertise IFB: December 28, 2010

2. Pre-Bid Meeting: January 12, 2010 @ 9:00 a.m.

3. Deadline for questions: January 21,2010 @4:00 p.m.

4. Bid submission deadline: January 28,2010 @ 2:00 p.m.

5. Public Bid Opening: January 28,2010 @ 2:30 p.m.

6. Bids evaluated by DPW;: January 31,2010

7. Approximate selection date; January 31, 2010

D Indian Preference

Native American preference will be given to qualified Native American-owned contractors. ThisIFB is subject to cancellation or assessments of penalties for failure to comply with the IndianPreference requirements. If the contractor receives an Indian preference it must maintain morethan 51 % Indian ownership and control during the course of the contract. See Attachment A.

E Contractors Responsibility

Contractors are cautioned that it is their sole responsibility to submit information related to the BidForm and Schedule of Units and that Property & Supply Department is under no obligation tosolicit such information if it is not included with their bid. Failure of contractor to submit suchinformation may cause an adverse impact on the evaluation of their bid.

- 1 -


IFB for Construction Services - DPWQ8-66 District 5 Wastewater Lagoon Expansion Project ConstructionSection 1- Administrative Information

The work shall be started within ten (10) calendar days from the date of the Notice to Proceedand completed within the time stipulated after the date of the Notice to Proceed.

If the Contractor neglects, fails, or refuses to complete the work within the contract time or anextension as determined by the Engineer, the Contractor shall pay the Owner the sum of $500.00not as a penalty but as liquidated damages for such breach of contract, for each and everyworking day that the Contractor defaults after the time stipulated for completing the work.

Each bidder shall submit, with his bid, a certified check or bid bond in a separate sealedenvelope, in an amount not less than five percent (5%) of the total amount of the base bid.

No bidder may withdraw the bid for at least sixty (60) days after the scheduled closing time for thereceipt of bids.

This Project Involves Tribal Funding

The bidder will submit with the bid a properly executed Contractor's Qualification Statement, BidForm, and a signed certificate from a surety company, licensed in the State of Arizona, certifyingthat the surety company shall provide the bidder, if awarded the contract, with a PerformanceBond and a Labor and Material Payment Bond each in the amount of 100 percent (100%) of thecontract sum.

F. Contract Award (private bid opening)

A single award shall be made with reasonable promptness by written notice to that responsiblecontractor whose bid, conforming to the IFB, will be the most advantageous to the Community,price and other factors considered.

The Community's, Department of Property & Supply reserves the right to cancel this IFB if it is inthe best interest to do so.

G. Contract Extensions

The contract shall not bind nor purport to bind the Community for any contractual commitment inexcess of the original contract period.

H. Licenses and Other Requirements

Contractor shall maintain in current status all federal, state and local licenses and permitsrequired for the operation of a business conducted by the contractor. Contractors will be requiredto obtain a Gila River Indian Community Business License. The cost of all required inspections,permit and licenses shall be the responsibility of the vendor. This information is available at thefollowing website: b!!p:l/www.gilariver.org under BIDS, Forms for Download.

• GRIC Guide to Compliance Package, Labor and Employment Ordinance, Title 12(TERO)

• GRIC Application for an Earthmoving Permit (DEQ)

2


IFB for Construction Services - DPWQ8-66 District 5 Wastewater Lagoon Expansion Project ConstructionSection 1- Administrative Information

• Business and Taxation Definitions, Gila River Indian Community Business License; (Inaccordance with Title 13, Chapter II, Section 201, of the Gila River Indian Community,Law and Order Code, a person association, company, Contractor, or corporationconducting or engaging in any business with the Gila River Indian Reservation shall payan annual business license fee of $150.00. (Title 13)

The Community will require the selected Contractor to execute a contract with the Community.No work shall commence until Community signs the contract document(s) and Contractorprovides the necessary evidence of insurance as required in this IFB and the Contract and theCommunity issues a Notice to Proceed. Contract documents are not binding on Community untilapproved by the Community Attorney. In the event the parties cannot negotiate and execute acontract within the time specified, Community reserves the right to terminate negotiations with theselected Contractor and commence negotiations with another Contractor.

3

Gila River Indian Community Tribal Projects Development Dept

IFB for Construction Services - DPWQ8-66 District 5 Wastewater Lagoon Expansion Project ConstructionSection II - Scope of Work

A. General Scope of Work

This project consists of completing the construction of a new Wastewater Treatment Facility (WWTF) inDistrict 5 in the Gila River Indian Community. This will provide treatment for approximately 0.24 milliongallon per day of wastewater generated by the residential sources. The plant will be constructed inSection 11, Township 4-S, Range 4-E, Pinal County, Arizona.

This contract includes the mobilization of equipment, initial and "as built" ( AutoCad ) constructionsurveys, clearing, grubbing, grading, excavation, embankment, compaction, and other constructionoperations. The project consists of the construction of a new Waste Water Treatment Facility (WWTF)and the associated sewer mains, manholes, roadway crossings, and other appurtenances as may benecessary, to be constructed along established roadways and at the location shown on the constructiondrawings of the site in District 5. The proposed WWTF will require the proper installation of HOPE linermaterial, pipe collars, anchor trenches, dump station slab, flow control valves, underground piping,distribution control structures, aerators, MCC Control building, Chemical control building, SCADAelectronics equipment, chain-link fences, entry gates, prepare drainage swales as needed, and thesurfacing of the access road, as well as other project site improvements.

Work required under this Contract shall be performed in accordance with the Bidding Documentsincluding work which increases or decreases the Contract Sum of, or constitutes a modification in, theBidding Documents as they were at the time of the execution of this Contract.

B. Specifications and Constructions Plans

Specifications and plans will be available at the pre-bid meeting and the following website:http://www.gilariver.org under BIDS. Documents may be viewed at the Community's Departmentof Public Works Engineering Office located at 186 South Skill Center Road in Sacaton, Arizona.

C. Pre-Bid Meeting

A pre-bid meeting will be held on January 12, 2011 @ 9:00 a.m. at the Department of PublicWorks office located at 186 South Skill Center Road in Sacaton to address any questions fromContractors about scope or approach.

4


IFB for Construction Services - DPWQ8-66 District 5 Wastewater Lagoon Expansion Project ConstructionSection II - Scope of Work

BLANK PAGE

5


IFB for Construction Services - DPWQ8-66 District 5 Wastewater Lagoon Expansion Project ConstructionSection 111- Special Terms and Conditions

A. Insurance Requirements

1. The Contractor shall maintain adequate insurance coverage throughout the term of thisAgreement. Insurance Coverage shall include, but is not limited to, General LiabilityInsurance, Professional Liability, Automobile Liability, Excess Liability, Pollution Liability,Workers Compensation and Employers Liability Insurance, and Property Insurance.

Contractor agrees that no less than ten (10) days before beginning any work under thisAgreement, and as a condition precedent hereto, the Contractor shall provide theCommunity with a Certificate of Insurance demonstrating that the insurance required inthis section has been purchased and is in effect. The Contractor shall providedocumentary proof of insurance showing the following:

a. Commercial General Liability Insurance with limits of $1,000,000 per occurrenceand $2,000,000 general aggregate limit. This policy shall be written or endorsedto include the following provisions:

• The Community and Department shall be named as additional insured.• Waiver of subrogation.• No Explosion, Collapse or Underground Exclusions• No Subsidence Limitations• AM Best Rating of A-8 or better• No Claims Made Policy forms acceptable on commercial general liability

policy• An endorsement providing limited coverage with respect to property

under the care, custody and control of Contractor.• Bodily injury covered under the policy shall include reasonable claims for

mental anguish.

b. Excess Liability coverage in the amount of $2,000,000.

c. Owned and Non-Owned Automobile Liability Insurance, including coverage forowned, hired, non-owned and leased vehicles, with a combined single limit of$1,000,000.

d. Pollution Liability - If Contractor's work may involve asbestos or lead, mold orother pollutant abatement, Contractor shall provide liability insurance coveragefor claims arising out of abatement, removal, storage, transportation, and/ordisposal activities. Such insurance shall be written on an occurrence basis withno sunset clause, or on a claims made basis with a minimum 5 year extendedreporting period (Tail) with a limits of not less than $5,000,000 each Occurrenceor $5,000,000 each Claim.

e. Workers Compensation Insurance as required by Arizona law, includingEmployer's Liability, with limits of:

• For bodily injury by accident, $1,000,000 per accident.• For bodily injury by disease, $1,000,000 per employee and $1,000,000

policy limit.

6


IFB for Construction Services - DPW08-66 District 5 Wastewater Lagoon Expansion Project ConstructionSection 111- Special Terms and Conditions

f. Performance and Payment Bonds, if applicable, (Rating A9+) for construction inan amount equal to 100% of the contract price, shall be furnished to thedepartment and/or Community prior to and as a condition precedent tocommencement of work. Said bonds shall be in effect through the warrantyperiod. Such Bonds shall name Contractor as principal and the Community andDepartment as joint obligees.

Contractor will also provide Gila River Indian Community with a copy of the additionalinsured endorsement along with any other requested coverage forms demonstrating thatthe insurance policy complies with the requirements of this Section. The certificate ofinsurance will expressly entitle Gila River Indian Community to thirty (30) days notice, bycertified mail, before any insurance policy referred to therein is modified or canceled.

Contractor agrees that its failure to obtain or maintain the insurance required by thisSection, or to provide a satisfactory Certificate of Insurance, shall be deemed to be amaterial breach of this Agreement and shall entitle Gila River Indian Community to cancelthis Agreement and/or recover damages at its election.

It is understood and agreed that the insurance coverage and limits, required above, shallnot limit the extent of this Contractor's responsibilities and liabilities specified within thecontract documents or by law.

It is understood and agreed that authorization is hereby granted to Gila River IndianCommunity to withhold payments to the Contractor until a properly executed Certificate ofInsurance providing insurance as required herein, accompanied by a signed Agreementis received by Gila River Indian Community.

Contractor agrees that any contract it enters into with a lower tier contractor for theperformance of any aspect of Contractor's work under this Agreement, shall expresslybind such other contractor to this language and requirements herein, making suchobligations applicable to the other contractor to the same extent as the Contractor.

Contractor shall also require its lower tier subcontractor to likewise bind and obligate anyadditional lower tier with which it contracts for any portion of the work under thisAgreement. This purpose of this provision is to require any lower tier contractors,regardless of level, to provide the insurance and indemnity required by this Agreement.

2. Hold Harmless and Indemnity Clause

The Contractor agrees to indemnify the Community from any and all liability, loss ordamage arising out of or in any way connected with the vendor's performance of thiscontract, or the performance of any subcontract by a subcontractor of the vendor.

7

_~I__-



F. Non-Exclusive Contract

This contract has been awarded with the understanding and agreement that it is for the soleconvenience of the Community. The Community reserves the right to obtain like goods orservices from another source when necessary.

G. Compensation

All work shall be completed to the satisfaction of the Gila Rive Indian Community.

Progress payments will be made upon request submitted by invoice following satisfactory reviewby the Community's Office of the Treasurer. Ten (10) percent of the Contractors billing will bewithheld, pending official acceptance of the Certificate of Substantial Completion.

H. Billing

1. All original invoices and billing statements (in duplicate) for services shallbe sent to the following:

a. Invoices and Billing Statements

Gila River Indian CommunityAttention: Accounts Payable, Finance Dept.P.O. Box 2160Sacaton, AZ 85147Ph: (520) 562-9600Fax: (520) 562-9649

2. All original invoices and billing statements (in duplicate) should contain,at a minimum, the following information:

a. Requesting Community department name;b. Name and address of Contractor;c. Both the contract number and contract release/purchase order

number;d. The Contractor's federal tax identification number (W-9);e. The Contractor's remittance address;f. A description of the services provided;g. Service rendered, date and timeh. Itemized (if applicable) and total invoice pricing. Pricing shall be

the contract price inclusive of an/all applicable discounts; andi. Invoices shall be submitted on a monthly basis.

3. The Community cannot guarantee, nor is responsible for timely payment of invoices if theinvoices are mailed to any address other than listed above.

8



BLANK PAGE

9


IFB for Construction Services - DPW08-66 District 5 Wastewater Lagoon Expansion Project ConstructionSection IV - Submittal of Invitation For Bid

A. General

All bids shall follow the format and sequence described in the paragraphs below. Failure to followthe instructions may result in rejection of the bid.

B. Delivery of Bids

One (1) original and three (3) copies of bid shall be addressed and delivered to Gila River IndianCommunity on or before the day and hour set for receipt of bid and as determined by the stamptime clock located at the Property & Supply Department reception area. Each bid shall beenclosed in a sealed envelope, marked as follows: IFB # GRIC 12-02-11 with name of bidder onexterior of envelope.

Physical Address:

Mailing Address:

C. Inquiries

Gila River Indian CommunityProperty & Supply DepartmentAttn: Geneva Gooden, Procurement Director315 W. Casa Blanca RoadSacaton, AZ 85147

P.O. Box 97Sacaton, AZ 85147

Contractors may make email inquiries concerning the IFB to obtain clarification of requirements,and shall do so prior to the submission deadline, January 28, 2011, 2:00 p.m. Email inquiriesshould be directed to Randy Allen, Buyer II, [email protected]

Requests for clarification shall not be made after deadline for inquiries, January 21, 2010 at 4:00p.m.

D. Addendum or Supplements to IFB

In the event it becomes necessary to revise any part of the IFB, an addendum will be provided toeach Contractor who received the original IFB of record. Interpretation or correction of IFBdocuments will be mailed, faxed, or emailed to each Contractor. The Community shall be solelyresponsible for any explanation or interpretations of the IFB documents. As such, receipt of anyaddenda so issued during the time of bid shall be included in the bid and shall be acknowledgedin the bid and be made a part of the contract document.

E. Propriety Information

Any restrictions on the use of the data contained within a bid must be clearly stated in the biditself.

F. Response Material Ownership

All materials submitted regarding this IFB become the property of the Community and will only bereturned to the vendor at the Community's option.

G. Incurring Costs

The Community is not liable for any cost incurred by Contractors prior to issuance of a fullyexecuted contract.

10


IFB for Construction Services - DPWQ8-66 District 5 Wastewater Lagoon Expansion Project ConstructionSection IV - Submittal of Invitation For Bid

H. Acceptance of Bid Content

The contents of the bid of the successful Contractor may become all or part of the Scope of Workas such contractual obligation. Failure of the successful Contractor to accept these obligations ina contract may result in cancellation of the award.

The Community will examine all of the bids and create, at its sole discretion, a "short-list" ofContractors to be interviewed (f necessary). The award of the contract, if made, will be made tothe most responsible and responsive Contractor; however, the Community shall determine, at itssole discretion, whether a vendor is responsible and qualified to perform the contract, andwhether it is in the best interest of the Community to accept the bid.

The Community reserves the right to reject any or all bids and to waive any informality in the bidsreceived.

I. Award of Bid/Right to Reject

The contract will be awarded to the successful Contractor whose bid conforms for the IFB and ismost advantageous to the Community. The Community reserves the right to reject any and allbids and to waive informalities and irregularities in bids received and to accept a portion of anybid or all items if deemed in the best interest of the Community.

J. Withdrawal of Bid

Bids may be withdrawn by either personally or by written request any time before the scheduleddue date and time. Bids shall be guaranteed for a period on ninety (90) calendar days from thedate of receipt by the Community. No bid may be withdrawn for a least (90) calendar days afterthe day and time bids are due.

K. Bid

To be entitled for consideration, bids must be made in accordance with the following instructions:

1. Before submitting a bid, Contractor shall examine these instructions and all otherdocuments comprising the IFB, visit the site (if necessary), and become aware of allexisting conditions and limitations. The failure of any Contractor to receive or examineany form, instrument, addendum, or other document, or visit the site and acquaint himselfwith conditions existing there, shall in no way relieve any Contractor from obligations withrespect to his bid.

2. Bids shall not contain any recapitulation of the work to be done. No oral, telegraphic, ortelephone bids or modifications shall be considered.

3. Bids received after the time fixed for receiving them will not be considered and will bereturned to the sender. Contractor(s) is solely responsible for the delivery of their bidat the above location on or before the time and date specified.

4. The Contractor shall submit one (1) original and three (3) copies of the bid.

11


IFB for Construction Services - DPWQ8-66 District 5 Wastewater Lagoon Expansion Project ConstructionSection IV - Submittal of Invitation For Bid

L. Content of Material

The bid shall be fully self-contained and shall include Contractor's submittal organized pursuantto the attached IFB bid description requirements including corporate resources, experience onsimilar projects and references.

M. Agreements

The Community reserves the right to terminate the services of a Contractor who is perceived bythe Community to be ineffective, unresponsive, incompetent, or who withdraws proposed keypersonnel without substitution of comparably qualified personnel, as determined by theCommunity at its sole discretion.

By submission of a bid, Contractor(s) will be deemed, and agrees to be so treated, to have actualnotice of every term of every contract document.

N. Delivery of Documents

The Contractor to whom the Community awards the contract shall, within (10) calendar days afterNotice of Selection, sign and deliver to the Community signed copies of the contract.

O. Obligations

The Community assumes no obligations to pay any costs incurred in the preparation andsubmission of bids in response to the IFB, or to enter into a contract with any of Contractorssolicited.

P. Contract Award Dispute

In the event a Contractor wishes to contest a contract awarded under the provision containedwithin this IFB, the Contractor shall initiate a written document stating the reason(s) to be thebasis of the protest. In addition, the Contractor shall provide supporting documents. Writtenprotests shall be sent to: Geneva Gooden, Procurement Director, Property & Supply Department,Gila River Indian Community, P.O. Box 97, Sacaton, AZ 85147.

12


IFB for Construction Services - DPWQ8-66 District 5 Wastewater Lagoon Expansion Project ConstructionAttachment A - Indian Preference

. Indian Enterprise Qualification Statement

NOTE: Submit completed questionnaire to the Gila River Indian Community, Property & Supply Departmentwithin the time frame specified. Use additional sheets to complete answers if needed.

The Undersigned certifies under oath the truth and correctness of all answers to questions made hereinafter:

1. Applicant wishes to qualify as:

An "Economic Enterprise" as defined in Section 3 ee) of the Indian Financing Act of 1974

ep.L. 93-262); that is "any Indian-Owned... commercial, industrial or business activity established ororganized for the purpose of profit: Provided, that such Indian Ownership shall constitute not less than51 percent of the enterprise:

--or--

A" Tribal Organization" as defined in Section 4(c) of the Indian Self-Determination and EducationAssistance Act (P.L. 93-638); that is: "the reorganized governing body of any Indian Tribe; any legallyestablished organization of Indians which is controlled, sanctioned or chartered by such governing bodyor which is democratically elected by the adult members of the Indian community to be served by suchorganization and which includes the maximum participation of Indians in all phases of its activities:Provided, that in the any case where a contract is let or grant made to an organization to performservices benefiting more than one Indian Tribe, the approval of each such Indian Tribe shall beprerequisite to the letting or making of such contract or grant. .. "

2. Name of Enterprise or Organization: _

Address:

Telephone No.:

3. Check One:

Corporation

Partnership

Sole Proprietorship

4. Answer the following:

If a Corporation:

Joint Venture

Other:

a. Date of incorporation: _

b. State of incorporation: _

c. Give the names and addresses of the officers of this Corporation and establish whether theyare Indian (I) or Non-Indian (NI).

13


IFB for Construction Services - DPW08-66 District 5 Wastewater Lagoon Expansion Project ConstructionAttachment A - Indian Preference

Name and

Social Security No.

lorNI

President

Vice-President

Secretary or Clerk

Treasurer

Address % of StockOwnership

c. Complete the following information on all stockholders who are not listed in c. above, owning0% or more of the stock. Establish whether they are Indian (I) or Non-Indian (NI).

Name and

Social Security No.

lorNI


If a Sole Proprietorship or Partnership:

a. Date of Organization:. _

b. Give the following information on the individual or partners and establish whether they are Indian(I) or Non-Indian (NT).

Name and

Social Security No.

lorNI

14




If a Joint Venture:

a. Date of Joint Venture Agreement _

b. Attach the information for each member of the joint venture prepared in the appropriateformat given above.

5. Give the name, address, and telephone number of the principal spokesperson of your organization:__

6. Has any officer or partner of your organization listed in #4 been an officer or partner of anotherorganization that failed in the last ten years to complete a contract? _

If yes, state circumstances: _

7. Has this enterprise failed in the last ten years to complete any work awarded to it or to complete the workontime? _

If so, note when, where and why: _

8. Will any officer or partner listed in #4 be engaged in out-side employment?

If Yes, complete:

NamefTitle

__Yes __No

Description of Outside Employment

15

HourslWeek


IFB for Construction Services - DPWQ8-66 District 5 Wastewater Lagoon Expansion Project ConstructionAttachment A -Indian Preference

9. If the enterprise or anyone listed in #4 above, currently subject to an administrative sanction issued byany department or agency of the Federal Government?

__Yes __No

If Yes, complete:

Name ofperson/business Date of Action Type of Action

Departmentor Agency

10. Does this enterprise have any subsidiaries or affiliates or is it a subsidiary or affiliate of anotherconcern?

__Yes

If Yes, complete:

affiliate or other concern

__No

Name and address of subsidiary,Description of Relationship:

11. Does this enterprise or any person listed in #4 above have or intend to enter into any type ofagreement with any other concern or person which relates to or affects the on-going administration,management or operations of this enterprise? These include but are not limited to management, andjoint venture agreements and any arrangement or contract involving the provision of suchcompensated services as administrative assistance, data processing, management consulting of alltypes, marketing, purchasing, production and other types of compensated assistance.

__Yes __No

If yes, attach a copy of any written agreement or an explanation of any oral or intended agreement.

12. Has this enterprise ever been subject to a judgment of any court or administrative sanction (Federal,State, or Tribal)?

__Yes __No

16



Has any individual listed in #4 ever been subject to judgment of any court or administrative sanction(Federal, State, or Tribal)?

__Yes __No

If the answer is Yes to either question, furnish details in a separate attachment.

13. Has any tax lien or other collection procedure been instituted against this enterprise or theindividuals listed in #4 as a sole proprietor or partner in their capacities with this enterprise orother enterprise?

14. Has this enterprise or any person listed in #4 ever been involved in a bankruptcy or insolvencyproceeding?

__Yes

If yes, provide details in an attachment.

__No

15. What dollar amount of Working Capital is available to your enterprise prior to the start of construction?$,-----

Explain the source of these funds:

Include a copy of the Company's most recent audited financial statement.

16. How will project development bookkeeping and payroll be maintained: (check one)

a. By contract with an outside professional accounting firm:__

Name: Address: _

Telephone: _

b. Records are to be kept by enterprise personnel: __ If "b" has beenchecked--state the qualifications of your personnel to perform this function:

c. Other:

17



17. Trade References (include addresses and phone numbers):

18. Bank and credit references (including addresses and phone numbers):

19. Indicate the core crew employees in your work force, their job titles, and whether they are Indian orNon-Indian. Core crew is defined as an individual who is either a current bona fide employee or who isnot a current employee but who is regularly employed in a supervisory or other key skilled positionwhen work is available.

Over the past three years, what has been the average number of employees? _

20. Attach certification by a tribe or other evidence of enrollment in a federally recognized tribe for eachofficer, partner or individual designated as an Indian in #4.

21. Attach a certified copy of the charter, article of incorporation, by-laws, partnership agreement, jointventure agreement and/or other pertinent organizational documentation.

22. Explain in narrative form the stock ownership, structure, management, control, financing, and salary orprofit sharing arrangements of the enterprise, if not covered in answers to specific questionsheretofore. Attach copies of all shareholder agreements, including voting trust, employment contracts,agreements between owners and enterprise. Include information on salaries, fees, profit sharing,material purchases, and equipment lease or purchase arrangements.

Evidence relating to structure, management, control, and financing should be specifically included.

23. Attach evidence that the enterprise (or an individual in it) is appropriately licensed for the type of workthat is to be performed. Include FederallD Number.

24. Attach a brief resume of the education, technical training, business, employment, design, and/orconstruction experience for each officer, partner or sole proprietor listed in #4. Include references.

NOTES:

I. Omission of any information may be cause for this statement not receiving timely andcomplete consideration.

II. The persons signing below certify that all information in this INDIAN ENTERPRISEQUALIFICATION STATEMENT, including exhibits and attachments, is true and correct.

III. Print and type name below all signatures.

18



If applicant is Sole Proprietor, Sign Below:

Name

If applicant is in a Partnership or Joint Venture, all Partners must sign below:

Name

Name

If applicant is a corporation, affix corporate seal

Corporate Seal

By:President's Signature

Attested by:Corporate Secretary's Signature Date

Date

Date

Date

Date

Date

WARNING: U.S. Criminal Code, Section 1010, Title 18, U.S.C. provides in part: "Whoever... makes, passes,utters, or publishes any statement, knowing the same to be false ...shall be fined not more than $5,000 orimprisoned not more than two years, or both."

19


IFB for Construction Services - DPWQ8-66 District 5 Wastewater Lagoon Expansion Project Construction

ATTACHMENT B

DEBARMENT AND SUSPENSION CERTIFICATION

As a matter of its own internal policy, the Community follows Federal Law (A-102Common Rule and OMB Circular A-B3) which prohibits non-federal entities fromcontracting with or making sub-awards under covered transactions to parties that aresuspended or debarred or which principals are suspended or debarred. Coveredtransactions include procurement contracts for goods or services equal to or inexcess of $25,000 and all nonprocurement transactions (e.g., sub-awards to subrecipients).

Additionally, the Community does not hire, contract with, or otherwise do business,either directly or indirectly, with contractors or individuals, which have beendebarred, suspended, or subjected to a Limited Denial of Participation (LDP) by theu.s. Government.

Before an award of $25,000 or more can be made by your firm, you must certify thatyour organization and its principals are not suspended, debarred or LDP'd by afederal agency.

I, the undersigned agent for the firm named below, certify that neither this firm norits principals are suspended or debarred by a federal agency.

VENDOR'S NAME:

Signature of Company Official:

Date Signed: _

Printed name of company official signing above: ---

20



SUBMISSION MATERIALS: The Bidder shall submit the following forms, documents,and materials with Bid. Failure to so submit may disqualify the Bidder.

A. Bid Form.

B. Bid Security in the amount of 5 percent of the Base Bid.

C. Signed certificate from a surety company, licensed in the State of Arizona,certifying that the surety company shall provide the bidder, if awarded thecontract, with a Performance Bond and a Labor and Material PaymentBond each in the amount of 100 percent (100%) of the contract sum.

D. Contractor's Qualification Statement.

E. Non-collusion affidavit.

F. Schedule of Values.

21


IFB for Construction Services - DPW08-66 District 5 Wastewater Lagoon Expansion Project Construction

Federal Grants

The contractor agrees to comply with all applicable federal, state, and local laws and regulations. Ifthis order utilizes federal grant funds, the provisions of OMB Circular A-1 02, Appendix A, as well asany additional statutory and administrative requirements apply according to their terms. Theserequirements may include, but are not limited to the following:

Additional Provisions Required under Federal Law:

This is a federally funded project and as such, the Contractor must comply with the followingprovisions:

1. Equal Employment Opportunity.

(a) The Contractor will comply with all provisions of Executive Order 11246 of September24, 1965, as amended by Executive Order 11375 of October 13, 1967, (collectivelyreferred to as "Executive Orders").

(b) The Contractor will furnish all information and reports required by the ExecutiveOrders and by rules regulations, and orders of the Secretary of Labor, or pursuantthereto, and will permit access to its books, records, and accounts by the Secretary ofLabor for purposes of investigation to ascertain compliance with such rules,regulations, and orders.

(c) Compliance with the requirements of this clause shall be to the maximum extentconsistent with, but not in derogation of, compliance with section 7(b) of the IndianSelf-Determination and Education Assistance Act and the Indian Preference clause ofthis contract and the Tribal Employment Rights Ordinance of the Gila River IndianCommunity.

(d) The above-referenced provisions apply except where they conflict with Sections701 (b)(1) and 703(i) of Title VII of the Civil Rights Act of 1964, 73 Stat. 253-257, 42U.S.C. § 2000e-2(i), which pertains to Indian Tribes and to preferential treatmentgiven to Indians residing on or near a reservation or other applicable laws whichexclude applicability to Indians or Indian reservations. In addition, the abovereferenced provisions, and the provisions of the Contract Documents, shall beconstrued in a manner consistent with applicable provisions of the Gila River IndianCommunity Law and Order Code, and if any such provision conflicts with a provisionof the Gila River Indian Community Law and Order Code, then the provision of theGila River Indian Community Law and Order Code shall govern.

2. Compliance with Copeland Act Requirements.

The Contractor shall comply with the requirements of the Copeland "Anti-kickback" Act (18U.S.C. 874) as supplemented by 29 CFR Part 3, which are incorporated by reference into thisAgreement.

3. Compliance with the Davis-Bacon Act.The Contractor shall comply with the requirements, rulings and interpretations of the DavisBacon Act (40 U.S.C. 276a to 176a-7) as supplemented by 29 CFR Part 5,3, and 5, whichare incorporated by reference into this Agreement. The applicable Davis-Bacon wage ratesare attached hereto for review by prospective Contractors

a. Compliance with the Contract Work Hours and Safety Standards Act.

22


IFB for Construction Services - DPW08-66 District 5 Wastewater Lagoon Expansion Project Construction

As used in this paragraph, the terms "laborers" and "mechanics" include watchmen andguards.

b.

(a)

(b)

(c)

(a)

(b)

(c)

(d)

Overtime requirements. No contractor or subcontractor contracting for any part of thecontract work which may require or involve the employment of laborers or mechanicsshall require or permit any such laborer or mechanic in any workweek in which he orshe is employed on such work to work in excess of forty hours in such workweekunless such laborer or mechanic receives compensation at a rate not less than oneand one-half times the basic rate of pay for all hours worked in excess of forty hoursin such workweek.

Violation; liability for unpaid wages, liquidated damages. In the event of any violationof the clause set forth in subparagraph (b) of this paragraph, the contractor and anysubcontractor responsible therefore shall be liable for the unpaid wages. In addition,such contractor and subcontractor shall be liable to the United States (in the case ofwork done under contract for the District of Columbia or a territory, to such District orto such territory), for liquidated damages. Such liquidated damages shall becomputed with respect to each individual laborer or mechanic, including watchmenand guards, employed in violation of the clause set forth in subparagraph (a) of thisparagraph, in the sum of $10 for each calendar day on which such individual wasrequired or permitted to work in excess of the standard workweek of forty hourswithout payment of the overtime wages required by the clause set forth insubparagraph (a) of this paragraph.

Withholding for unpaid wages and liquidated damages. The Community, HUD or itsdesignee shall upon its own action or upon written request of an authorizedrepresentative of the Department of Labor withhold or cause to be withheld, from anymoneys payable on account of work performed by the contractor or subcontractorunder any such contract or any other Federal contract with the same primecontractor, or any other Federally-assisted contract subject to the Contract WorkHours and Safety Standards Act, which is held by the same prime contractor suchsums as may be determined to be necessary to satisfy any liabilities of suchcontractor or subcontractor for unpaid wages and liquidated damages as provided inthe clause set forth in subparagraph (b) of this paragraph.

Retention, Access to Records.

The Community, HUD, or Comptroller General of the United States, or any of theirduly authorized representatives shall, until 3 years after final payment under thiscontract, have access to and the right to examine any of the Contractor's directlypertinent books, documents, papers, or other records involving transactions related tothis contract for the purpose of making audit, examination, excerpts, andtranscriptions.

The Contractor agrees to include in first-tier subcontracts under this contract a clausesubstantially the same as paragraph (a) above. "Subcontract," as used in this clause,excludes purchase orders not exceeding $10,000.

The periods of access and examination in paragraphs (a) and (b) above for recordsrelating to (1) proceedings under the disputes provisions of the ConstructionAgreement, (2) litigation or settlement of claims arising from the performance of thiscontract, or (3) costs and expenses of this contract to which the Community, HUD, orComptroller General or any of their duly authorized representatives has takenexception shall continue until disposition of such appeals, litigation, claims, orexceptions.

Energy Policy and Conservation Act.

23



The Contractor shall comply with all standards and policies relating to energyefficiency that are contained in the local or state energy conservation plan issued incompliance with the Energy Policy and Conservation Act (Pub.L. 94-163).

24



NON-COLLUSIVE AFFIDAVITState of )

County of )

_______________ , being first duly sworn, deposes and says:

That he is, the party making theforegoing proposal for bid, that such proposal or bid is genuine and not collusive orsham; that said bidder has not colluded, conspired, connived or agreed, directly orindirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, andhas not, in any manner, directly or indirectly, sought by agreement or collusion, orcommunication or conference, with any person, to fix the bid price of affiant or of anyother bidder, or to fix any overhead, profit or cost element of said bid price, or of that ofany other bidder, or to secure any advantage against the Owner or any person interestedin the proposed contract, and that all statements in said proposal for bid are true.

Project~o. _

Location ------------

Signature

~ame and Title

Date

(Signature shall be notarized.)

Subscribed and sworn before me this day of _

~otary: Seal:

25

INVITATION FOR BID FOR CONSTRUCTION SERVICES IFB DPW08 ...

Documents

Transcript of INVITATION FOR BID FOR CONSTRUCTION SERVICES IFB DPW08 ...