proposal due date: february 24, 2014 at 2:00 pm submit one

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REQUEST FOR PROPOSALS Preconstruction and Construction Services for the Gila River Bridge Replacement (GRIC-DOT) RFP Number – RFP-0020-DOT Proposal Due Date: February 24, 2014 at 2:00 PM Submit one (1) original and seven (7) copies Issued by: Contracts Management Department Gila River Indian Community Sacaton, Arizona 85147 January 23, 2014

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REQUEST FOR PROPOSALS

Preconstruction and Construction Services for the

Gila River Bridge Replacement (GRIC-DOT)

RFP Number – RFP-0020-DOT

Proposal Due Date: February 24, 2014 at 2:00 PM

Submit one (1) original and seven (7) copies

Issued by:

Contracts Management Department Gila River Indian Community

Sacaton, Arizona 85147 January 23, 2014

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The Gila River Indian Community is soliciting qualified Construction Firms to provide preconstruction and construction services for the Gila River Bridge. Physical Address: Gila River Indian Community Contracts Management Department Attn: Ms. Karen Williams, Contracts Manager 291 W. Casa Blanca Road Building #9 Sacaton, Arizona 85147 Mailing Address: Gila River Indian Community

Contracts Management Department Attn: Ms. Karen Williams, Contracts Manager P.O. Box 97 Sacaton, Arizona 85147 *Indian Preference provision: Preference will be given to Community Owned Economic Enterprises, Community member contractors and Qualified Indian Construction contractor Proposers. The Gila River Indian Community reserves the right to reject any and/or all proposals.

PRE-PROPOSAL CONFERENCE

February 5, 2014

10:00 AM Thai-Ai Conference Room, Sacaton, AZ

Executive Ke

DUE TO SPACE AVAILABILITY

EACH COMPANY

WILL BE LIMITED TO

TWO (2) REPRESENTATIVES

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Table of Contents

Page No.

Section I. Administration Information ................................................................................................... 5

Purpose ........................................................................................................................................ 6

Introduction .................................................................................................................................. 6

Location ....................................................................................................................................... 6

Project Information ...................................................................................................................... 7

Project Construction Team ........................................................................................................... 8

Project Construction Timeline ..................................................................................................... 8

Schedule of Activities .................................................................................................................. 8

Request for Proposal .................................................................................................................... 9

Inquires ........................................................................................................................................ 9

Addendum or Supplement to Request for Proposal ..................................................................... 9

Proposal Submission .................................................................................................................... 9

Propriety Information ................................................................................................................... 10

Response Materials Ownership .................................................................................................... 10

Incurring Costs ............................................................................................................................. 10

Acceptance of Proposal Content .................................................................................................. 10

Selection/Procurement Process .................................................................................................... 10

Award of Bid/Right to Reject ...................................................................................................... 11

General Criteria for Short Listing and Final Selection ................................................................ 13

Contents of Submittal................................................................................................................... 11

Section II. Overview of Construction Manager/General Contractor (CM/GC) ................................ 15 Section III. Scope of Work ...................................................................................................................... 19 Section IV. Special Conditions ............................................................................................................... 24

General ........................................................................................................................................ 25

Performance Times and Delivery Dates ...................................................................................... 25

Firm Furnished Materials and Reports ........................................................................................ 25

Travel Authorization ................................................................................................................... 25

Completion Time ........................................................................................................................ 25

Payment ....................................................................................................................................... 25

Designated Personnel and Minimum Amount of Work .............................................................. 26

Choice of Law .............................................................................................................................. 26

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Insurance Requirements ............................................................................................................... 26

Compliance with Community Laws and Ordinances ................................................................... 28

Section V. Exhibits .................................................................................................................................. 30

Exhibit A – Suspension and Debarment Certification ................................................................. 31

Exhibit B – Non-Collusive Affidavit ........................................................................................... 32

Exhibit C – Indian Enterprise Qualification Statement ................................................................ 33

Exhibit D – Authorization to Release Information ...................................................................... 39

Exhibit E – Engineers Estimate (no page number)

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SECTION I. ADMINSTRATIVE INFORMATION

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SECTION I. ADMINISTRATIVE INFORMATION

A. Purpose:

This Request For Proposal is meant to provide prospective firms with sufficient information to enable them to prepare and submit proposals for consideration by the Gila River Indian Community (GRIC) for the preconstruction and construction services to the Community for the replacement of the Sacaton Road (Route 7) bridge over the Gila River (the Project).

B. Introduction:

The Gila River Indian Community is issuing a Request for Qualifications to provide Construction Manager/General Contractor (CM/GC) services. The resulting award will be one contract for preconstruction phase services. After Preconstruction phase services are completed with an acceptable Guaranteed Maximum Price (GMP) and final design, a Contract for Construction services will be issued for the Project. Offerors interested in providing CM/GC services, herein referred to as Construction Manager (CM), will partner with the Community’s design team on this Project. In addition to aiding the preconstruction process, the selected CM will be asked to prepare and submit a Guaranteed Maximum Price (GMP) for the labor, equipment, and materials that will be required to construct the project. After successfully agreeing on the construction contract amount for the GMP, a contract will be executed. The CM will function like a General Contractor and will be responsible for completing the work on schedule at, or below, the guaranteed maximum price for that scope.

If the GMP is not accepted, the Community, in its sole discretion, reserves the right to end the CM's participation in the project development process at any time during the preconstruction phase. Although the selected CM will be contracted for both the preconstruction and construction services of this project through this selection process, the selected CM is not guaranteed to receive a Construction Contract to perform the construction if services are terminated. The CM/GC process for the Project will consist of the following: Request for Proposal (RFP) for preconstruction services, evaluation of submittals and selection of the CM, award and execution of contract for the performance of preconstruction services.

C. Location:

The Gila River Indian Community is located in Central Arizona in Maricopa and Pinal Counties. The reservation is south of the Phoenix metropolitan area divided by Interstate

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10. The reservation contains approximately 372,000 acres (581 square miles) of which about one third lies in Maricopa County and remainder in Pinal County (Tribally-owned land account for about 26 percent). A majority of the land is held by the Federal Government in a Trust status. The Tribal headquarters is located in Sacaton, Arizona, which is about 30 miles southeast of Phoenix. The Tribal government is made up of elected officials who consist of a Governor, Lieutenant Governor and seventeen members of the Community Council. For governmental purposes, the Reservation is organized into seven districts. The Gila River tribal transportation system includes 445 miles of tribal, state and county roadways.

D. Project Information Project Description

The GRICDOT has completed a Final Design for the proposed project that was developed for a traditional design-bid-build project delivery method. The drawings and specifications are attached hereto for reference. The GRICDOT will be replacing the Sacaton Road (Route 7) bridge over the Gila River and intends to build upon the work that has been completed to date by incorporating proven Accelerated Bridge Construction (ABC) methods and details and the CM/GC project delivery method into the project in order to reduce onsite construction time, minimize traffic and Community disruption, improve the overall bridge quality and reduce the project’s cost. Once completed, it is intended that the technology gained from this project can be showcased and applied to other bridges in our inventory. The existing 142’ x 28’ prestressed concrete girder bridge was constructed in 1961 and was classified as structurally deficient with a sufficiency rating of 34.3. Since 1999, this structure has been closed four times due to water overtopping the roadway adjacent to the bridge. The intended replacement structure will consist of a two-span structure with a total length of 145’ and width of 53’2”. It will include precast concrete abutments, columns and pier caps, and include a modular superstructure (beam and deck combination). This application will provide the GRICDOT a unique opportunity to effectively use and promote ABC for rapid renewal of bridge infrastructure. The bridge replacement is intended to increase the structural capacity of the bridge, improve roadway conditions, and enhance safety by providing a wider roadway. The bridge was originally designed to be constructed with a planned 6 mile detour (ADT = 4200) with an estimated construction duration of six months. It is anticipated that the

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redesign using ABC techniques and standardized design details developed by the FHWA under SHRP2 will allow the replacement to be completed within weeks. This project may be selected to host a showcase for the project to exchange project details and lessons learned with peers. GRICDOT will also prepare a summary report and provide the perspective of using the SHRP2 methods and resources at regional and national events. Existing Project Conditions Sacaton Road (IR 7) is a 2-lane, north-south road and a primary access route for local travel to and from Sacaton. IR7 and the existing bridge crossing over the Gila River low flow channel provide important access for members, employees and visitors to the Gila River Indian Community. Land immediately adjacent to the existing bridge is undeveloped. Land immediately south of the existing bridge is generally agricultural. The existing topography is relatively flat with the terrain falling toward the Gila River and to the west. IR 7 is a two-lane paved road with dirt/gravel shoulders. The existing pavement contains transverse and longitudinal cracks with areas of alligator cracking. The road has been resurfaced a couple of times over the years. The roadway is symmetric in section about its construction centerline. The southbound and northbound lanes are 12-feet wide and have 2-foot wide outside shoulders. The road is normally crowned with a 0.02 ft/ft cross-slope. The bridge is the highest point in the road profile as it crosses the river. The roadway north of the bridge is engineered to serve as a long low-flow crossing. This segment of road has a concrete embankment protection apron that extends from the north end of the bridge to River Road, a distance of over 4,000 feet. The 30 foot wide apron covers the downstream (western) roadway embankment for this entire length and protects the road from erosion that would result from high Gila River flows. The road experiences relatively frequent overtopping resulting in road closures. Based on bridge as-built drawings, and survey information with respect to the depth of the superstructure, the existing bridge consists of a 4-span precast girder superstructure with a composite concrete deck that is supported on wall piers. The current, existing structure replaced a 16-span, 336 foot long timber bridge that was skewed 35 degrees right of the roadway centerline. The existing bridge is skewed 45 degrees right of the roadway centerline. The bridge crosses over a well-defined low-flow channel within the Gila River and constricts flows under the bridge with railbank abutment protection. The original bridge was designed and presumably constructed with guide banks on both abutments. The guide banks were constructed of ADOT standard rail bank protection with an embedment depth of only 3.0 feet below the design streambed. Presently only remnants of the railbank remain under the existing bridge and it is visibly damaged.

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Based on bridge inspection information, the existing Gila River Bridge is rated in poor condition and its barriers/approaches do not meet current standards. In addition, the existing bridge width does not meet current AASHTO standards. The existing bridge is at the end of its 50-year design-life. The most recent bridge inspection information reveals that the condition of the bridge has steadily deteriorated over the past 20 years to the extent that the bridge deck is rated in Serious Condition (rating is 3 out of 10), the superstructure is rated in Satisfactory Condition (6), and the substructure is rated in Poor Condition (4). Project Site Access and Constructability The project site will be accessed from within the roadway and bridge right of way and temporary construction easements. Provisions for a temporary construction access road into the Gila River low flow channel have been included in the project plans and specifications and the configuration has been coordinated with the environmental documentation prepared for the project. Environmental Resources The Gila River Indian Community Department of Transportation is completing National Environmental Policy Act (NEPA) environmental documentation for the project. Environmental resources or concerns present or potentially present in the project area include protection of migratory birds; compliance with a Clean Water Act Section 404 permit and Section 401 water quality certification obtained for the project; obtaining a National Pollutant Discharge Elimination System (NPDES) permit and developing and implementing a Stormwater Pollution Prevention Plan (SWPPP); developing a hazardous materials testing, removal, and disposal plan for lead present in the bridge bearings; a National Emissions Standards for Hazardous Air Pollutants (NESHAP) notification to the US Environmental Protection Agency and the Arizona Department of Environmental Quality; protection of groundwater, if encountered; advanced public notice of road closure and detour information; and allowing authorized emergency vehicle use of the construction access road. Design Parameters and Criteria The primary technical design criteria used in developing the structural aspects for the project are the American Association of State Highway Transportation Officials’ (AASHTO) “LRFD Bridge Design Specifications”, Sixth Edition, 2011, and the Arizona Department of Transportation (ADOT) Bridge Group’s “Bridge Design Guidelines”. Additional guidance and criteria were derived from the Federal Lands Highway (FLH) Project Development and Design Manual (PDDM, March 2008), the Indian Reservation Roads Program Delivery Guide (FHWA-WFL/TD-08-005) and the Bridge Technology page on the Federal Highway Administration (FHWA) website

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(http://www.fhwa.dot.gov/bridge/). Concrete tension stress limitations for this project are in accordance with the AASHTO specified limits. The primary technical design criteria used in developing the roadway aspects for the project are the AASHTO “A Policy on Geometric Design of Highways and Streets” (Green Book), Sixth Edition, 2011. Additional guidance and criteria were derived from the FLH PDDM, March 2008. Roadway criteria used are described in the following table.

DESIGN CRITERIA

ROUTE *ADT DESIGN

SPEED (mph)

MINIMUM WIDTH

(ft)

MAX GRADE

MIN CURVE RADIUS

(ft)

MAX SUPERELEV

MINIMUM SIGHT (ft)

2008 2028 **Stop ***Pass

IR 7 4224 6273 65 28 2% N/A 2% 869 1083 * Based on 1/23/2008 Traffic Count with Monthly Factor = 1.33 and Daily Factor = 1.05 ** Based on h1 = 3.5 feet & h2 = 2.0 feet *** Based on h1 = 3.5 feet & h2 = 3.5 feet

Survey control is on the NAD83 horizontal and NGVD29 vertical datums based on the Gila River Indian Community Survey Control Network. GAF = 1.0001574

E. Project Construction Team:

The Gila River Indian Community will use a Project Team to guide the construction of this project. The Project Team will consist of 2-5 permanent members and specialists. Other members may be added, as needed, to provide input in the construction of the Project. The selected CM/GC will report to GRICDOT.

F. Project Construction Timeline: The Gila River Indian Community requires the preconstruction and construction to be

completed within Six (6) months of receiving the Notice to Proceed. Only those firms, which have the resources to meet this schedule, should respond.

G. Schedule of Activities:

1. RFP Advertised: January 23, 2014 2. Pre-Proposal Conference, Site Visit: February 4, 2014 3. Deadline for questions: February 12, 2014 at 4:00 p.m. 4. Deadline for answers to questions: February 14, 2014 at 4:00 p.m. 5. Proposal submission deadline: February 24, 2014 at 4:00 p.m. 6. Proposals reviewed by selection committee: February 25, 2014

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7. Approximate interview date: February 28, 2014 8. Approximate selection date: March 4, 2014

H. Request for Proposal:

All interested firms are invited to submit a proposal in accordance with the specifications, requirements and dates set forth herein.

I. Inquires:

Prospective firms may make written or verbal inquires concerning this RFP to obtain clarification of requirements. No inquires will be accepted after February 13, 2014 at 4:00 p.m. Inquiries should be directed to:

Valerie Bustos, Contract Specialist Gila River Indian Community

Contracts Management Department [email protected]

Office Number: 520-562-6436/6448

J. 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 and posted to the website at www.gilariver.org under the tab “About Tribes” then “Bids/Request for Proposals.” It is the responsibility of each firm who received the original RFP to download and print the addendum(s).

K. Proposal Submission:

One (1) original and seven (7) copies of the proposal must be received on or before February 24, 2014 at 2:00pm. Firms mailing their proposals must allow sufficient mail delivery time to ensure receipt of the proposal by the time specified. The proposed package should be delivered or sent to:

Gila River Indian Community

Contracts Management Department Attn: Ms. Karen Williams, Contracts Manager

291 W. Casa Blanca Road, Building #9 Sacaton, Arizona 85147

The outside of the package should state “RFP Gila River Indian Community, GRICDOT Gila River Bridge, RFP Number (RFP-0020-DOT). The proposal deadline time is 2:00pm, Arizona Time.

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L. Propriety Information:

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

M. Response Materials Ownership:

All materials submitted regarding this RFP will become the property of the Gila River Indian Community and will only be returned to the vendor at the Community’s option.

N. Incurring Costs:

The Gila River Indian Community is not liable for any cost incurred by firms prior to issuance of a fully executed contract.

O. Acceptance of Proposal Content:

The contents of the proposal of the successful firm, and the RFP may become all or part of the Scope of Work and as such contractual obligations. Failure of the successful firm to accept these obligations in a contract may result in cancellation of the award.

P. Selection/Procurement Process:

The successful firm will be selected through a qualifications based selection process. Interested firms will submit a RFP response. A Selection Panel will evaluate each RFP according to the criteria set forth below. The Owner expects to create a short list of at least three, but not more than five firms to conduct formal interviews. The Community will select a firm based on the RFP's received and formal interviews conducted. The Community may conduct a due diligence review on the firm receiving the highest evaluation. The Community will enter into negotiations with the selected firm and execute a contract upon completion of negotiation of fees and contract terms. The following tentative schedule has been prepared for this project. If the Community is unsuccessful in negotiating a contract with the best-qualified firm, the Community may then negotiate with the next most qualified firm until a contract is executed, or the Community may decide to terminate the selection process. Once a contract is executed with the successful firm, the procurement is complete

Q. Award of RFP/Right to Reject:

The contract will be awarded to the successful Responder whose proposal, conforms to the RFP, and is most advantageous to the Gila River Indian Community. The Community reserves the right to reject any and all proposals and to waive informalities

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and irregularities in proposals received and to accept any portion of any proposal or all items proposed if deemed in the best interest of the Community.

R. General Criteria for Shortlisting and Final Selection:

The CM will be selected through a qualifications-based selection process. Firms interested in providing CM services shall submit a RFP that addresses the following evaluation criteria. The criteria are listed in descending order of importance, will be used in the evaluation of prospective firms.

(1) Project Innovation-Describe your understanding of the project, approach to innovation, and how you will partner with the Project team to generate significant innovation throughout the project. Describe in detail the proposed innovations your team recommends. The Owner seeks the best solutions to accelerate construction and deliver the project significantly under budget while enhancing value and quality.

(2) Construction Management- Describe your approach to deliver this project including the following sub-factors.

a. Costs - Describe your cost modeling process for the overall project

including your strategy relating to a "no change order" philosophy to eliminate cost growth during construction.

b. Schedule- Describe your construction scheduling methods to collaboratively optimize the project schedule and to address late project decisions and 3rd party constraints. Provide a proposed schedule for this project.

c. Constructability Review - Describe your constructability review process that incorporates a collaborative team approach. Identify specific constructability issues for this project and your proposed solutions.

(3) Personnel Qualifications, Experience, and Capability-

Describe your organizational structure including Sub-contractors and clarify who has decision-making authority. Describe how your management structure will facilitate completion of all work, including preconstruction services and construction. Identify how this will result in an integrated and cohesive team for managing the project. Describe your commitment to ensure the work will be performed by the experienced personnel listed in this proposal. Provide a graphic organizational structure chart, complete with

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your preconstruction, construction and Sub-contractor key personnel for the project.

Provide supporting resumes and two references for each position listed below.

• CM/GC Project Manager • Construction Manager / Superintendent • Lead Cost Estimator • Chief Scheduler • Quality Control Supervisor • Up to three other key positions as determined by the Offeror for

pre-construction services • Key Sub-contractors for pre-construction and construction

services

Resumes should specifically address the following: • Role in delivering past CM/GC projects; • Experience working in a collaborative environment in both

the pre-construction and construction phases; • Experience with alternatives evaluation and using real time

costing; • Experience in decisions for the firm. • Length of time with firm

Provide contact information for all Sub-Contractor firms you will use throughout the project and a description of the services they will deliver.

(4) Staffing Plan- Propose your team's ability to successfully manage this project

by providing a staffing plan for the preconstruction and construction phases detailing actual personnel, position, and percent time dedicated solely to this project.

(5) Firms Past Performance & Team's Experience with Similar Work- Specifically discuss your organizational structure and corporate philosophy relative to the CM/GC delivery method. Explain why the proposed team is best qualified to make this CM/GC process successful. Include any past experience (a) working with owners on collaborative problem solving and (b) mitigating project risks, including schedule risk.

Provide up to three (3) examples of your most relevant transportation projects of similar size and scope completed in the last 5 to 7 years where one or more of your proposed team members were involved. Preferred examples are projects using the CM/GC or Design-Build delivery methods. The project narrative confirms your breadth and depth of experience for work similar

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(6) Cost Competitiveness – Provide a fee schedule to be used for pre-construction services. In addition, provide a percentage fee to be used for overhead and profit. The Community reserves the right to negotiate the fee and expenses based upon the final scope of work.

(7) Community/Native Owned Firms:

a. Indian Preference provision: Preference will be given to Community

Owned Economic Enterprises, Community member contractors and Qualified Indian Construction Contractor Proposers.

Indian Preference Requirements

Persons or businesses seeking qualification under the Community/Indian Preference shall submit sufficient evidence to establish their qualification as a Community/Indian-owned enterprise or organization by submitting the form “Indian Enterprise Qualification Statement” included with this document. (Exhibit D)

S. Contents of Submittal

Firms desiring to be considered must submit seven (7) copies of the RFP. The RFP shall be organized as follows and within the page limit depicted below:

(1) Cover Letter (1 page) (2) Evaluation Criteria

a. Section 1 – Project Innovation (5 pages) b. Section 2 – Construction Management (5 pages) c. Section 3 – Personnel Qualifications, Experience and Capability (5 pages) d. Section 4 – Staffing Plan (1 page) e. Section 5 – Firm’s Past Performance and Team Experience with Similar Work

Proposers (2 pages) i. Examples of Work (3 pages. No project discussion shall be longer

than one page) f. Section 6 – Cost Competiveness (1 page) g. Section 7 – Indian Preference Requirements (if applicable. Completed form.

Does not count towards page limit) h. Appendices:

i. Appendix A – Proposed Schedule (Does not count towards page limit) ii. Appendix B – Constructability Issues (Does not count towards page

limit) iii. Appendix C – Resumes (One page per position. Does not count

towards page limit) iv. Appendix D – Sub-Contractor Contact Information

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The submitted package is limited to 22 double-sided pages of 8 ½” x 11” printed on front and back (total of 44 printed pages), excluding tabs and front and back covers. Font for body copy must be Times New Roman and no smaller than 11 pt. and on inch margins. Gantt charts, site maps, or charts can be submitted on single sided sheets up to 11” x 17”. Table font must be Times New Roman and no smaller than 9 pt. All pages must be numbered. Only pages numbered 1 through 44 and supported by the material identified for the Appendices will be considered. Pre-printed literature such as photos, brochures or other pre-printed material will not be considered. Only responses received by the deadline will be considered. No other general notification to firms will be made and no further action is required. Short-listed firms and their proposed Sub-Contractors will be expected to travel to Sacaton, AZ for oral presentations. Offerors short listed will be requested to provide an oral presentation of one and on half hours in length consisting of a 60 minute presentation and followed by 30 minutes for Questions and Answers. Questions regarding this Request for Proposal must be submitted in writing to Valerie Bustos, Contract Specialist – [email protected]. Questions and Answers will be posted to the Community website at www.gilariver.org under the tab “About Tribes” then “Bids/Request for Proposals.”

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SECTION II OVERVIEW OF CONSTRUCTION MANAGER/

GENERAL CONTRACTOR (CM/GC)

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SECTION II. OVERVIEW OF CONSTRUCTION MANAGER/GENERAL CONTRACTOR (CM/GC) The purpose of this section is to describe the key elements for this delivery method. Construction Manager/General Contractor (CM/GC) is an integrated team approach that applies the CM's professional management during the planning, design, and construction of a project. CM/GC forms a partnership with the Owner, Design and Inspection Professionals, Construction Manager/General Contractor and Subcontractors. The partnership minimizes project risk, expedites the project schedule, maximizes innovation and constructability, enhances quality, and significantly reduces costs to finish construction and the overall project well within the budget constraints. The CM/GC delivery method facilitates openness, trust, and transparency among team members. CM/GC provides real-time costs, schedule, and constructability input to deliver a high quality project significantly under budget and ahead of schedule. CM/GC produces the following results:

• Increased innovation; • Enhanced project quality; • Ability to compare and price different project solutions through the

design process; • Significant cost savings by identifying real-time project costs

throughout the design process; • Continuous constructability recommendations throughout the design

phase; • Time savings by fast-tracking early components of construction prior to

completing the entire design; • Rapid adaptability to changing conditions and additional project

requirements during both design and construction; • Early procurement of long-lead items; • Close coordination of 3rd party issues (utilities, permits, ROW, etc.,);

and • Reduced project risk.

Preconstruction Phase

The Preconstruction phase sets the ground work for all the critical relationships, partnering and communication necessary to prepare the project for construction. During this phase the CM oversees the project's constraints to effectively manage the scope, schedule, and budget. Preconstruction services consist of addressing and managing agency desires that may vary from: the scheduling, estimating, bidding and procuring labor and materials, to supporting early public outreach, coordinating environmental permits, or developing relocation plans for businesses and landowners.

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Typically preconstruction continues until the last work package is approved and released for construction. Construction Phase This phase begins when the team releases its first work package for construction. Typically construction consists of multiple work packages. The CM retains management of the project as well as acting as prime Contractor (GC) delivering the labor, equipment and materials to complete each work package successfully. The initial project team and structure remain intact throughout both phases. Construction services consist of purchasing, on-site and off-site construction and fabrication of components, contract administration, and general implementation of the contract requirements through project closeout. The CM runs frequent progress meetings and produces progress schedules, shop drawings, payment applications, record documents, and as-builts. Guaranteed Maximum Price (GMP) A GMP is the CM’s guaranteed price to deliver a collaboratively developed and mutually agreed upon scope of work for an entire project. The CM guarantees that in no event shall the sum of the CM’s Fee (profit), overhead, general conditions, total cost of the work, and the Owner’s and CM’s contingencies exceed the GMP. When the design for the project achieves 90% completion, the CM will provide a GMP for construction of the scope. After successfully agreeing on the construction contract amount, a GMP contract for Construction will be executed and the CM will function like a General Contractor and will be responsible for completing the work on a schedule at, or below, the guaranteed maximum price for that scope. Throughout preconstruction, the CM furnishes real-time cost proposals received directly from the CM and Sub-contractors as the design progresses. A transparent, open books form, of cost accounting is used and the contractor's profit, general conditions, and indirect costs are known along with any contingencies that the team agrees to be appropriate. The Owner is given an opportunity to question the contractor's proposals as well as direct the design team to revise its approach to meet budget constraints. In the rare instance that CM and Owner are unable to reach an agreement on GMP, the Owner may elect to terminate the Contract. The CM would be entitled to receive the cost attributable to the completed Pre Construction Phase services. In this case, the CM would not be entitled to any further additional compensation from Owner, i.e. damages or lost profits on portions of work not performed. Contingencies Contingencies are recommended to provide for team changes to cover all project uncertainties associated with the cost estimate and enable real-time decisions to be made

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and paid for allowing the project to move forward rapidly. Contingencies include the CM's contingency and the owner's contingency. CM contingency typically cover material and labor escalation, subcontractor availability and market uncertainties. Owner's contingency typically covers project uncertainties related to scope definition, force majeure, unforeseen conditions and regulatory changes. GMPs include the both contingencies amounts within the cost of the GMP. All costs including contingencies cannot exceed the agreed upon budget for the GMPs, regardless of the circumstances and problems encountered. The team pre-approves the use of all contingencies and all unused amounts are returned directly back to the Owner. Overall Cost Model Prior to submitting a GMP for the work, the CM submits an overall cost model for the project. This cost model represents a good faith estimate from the CM of the project costs required to complete all work required for the project. It is used to verify that the overall project scope can be completed under the available project budget. This model enables the project team to properly plan effectively, monitor and control the cash flow, costs and funds available in comparison to the budget, estimates and total commitments for the project. Preconstruction Fee A lump sum negotiated fee for all CM services required during the Preconstruction Phase. CMFee A "not to exceed" pre-negotiated time and materials amount compensates the CM and Sub-contractors for the roles and responsibilities in the preconstruction phase. Unlike traditional design-bid-build delivery, a CM is retained for the entire project. The CM fee (profit) is total compensation for the CM to manage the entire project and is submitted at the time of proposal. The fee is expressed as a percentage of the actual construction cost. It is the expectation that the CM will identify cost and time saving innovative options and designing smartly to reduce overall project costs as well as make up for coordination costs and the CM's overall fees. The CM's Fee shall be paid based on the work completed.

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SECTION III SCOPE OF WORK

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SECTION III. SCOPE OF WORK

GENERAL SCOPE OF WORK: The Owner selects a CM along with its proposed Sub-contractors (subcontractors are originally proposed in the CM's technical proposal) as construction professionals in advance of the preconstruction phase and relies on their expertise during this phase to deliver a high quality project in much less time with a significantly lower cost than the traditional design-bid build construction processes. The CM and its associated Sub-contractors act as Owner's advisors for both the preconstruction and construction project phases. In addition, the CM function as the General Contractor (GC), i.e., prime General Contractor (GC) during the entire construction phase and is solely responsible for successfully completing the work within the agreed upon GMP as well as within accelerated schedule. The successful CM (supported by their pre-selected Sub-contractors) furnishes all labor, materials, equipment, services, and support facilities, etc., required for the following project elements, which include but are not limited to:

• Design Meetings and Assistance-CM partners with the Designer and Owner to develop innovative and streamlined early work packages that completes the project significantly under budget and ahead of schedule. CM will participate in all design meetings in order to propose innovative means and methods along with associated real-time pricing throughout the set of construable plans that effectively eliminate all changes in the field. Ultimately, the designer is responsible for certifying the final construction plans with the overall project risks being distributed/shared and/or mitigated by the entire project Team.

• Design reviews-Certify to the Owner that the plans are constructible as designed, in order to guarantee that they can be completed within the proposed GMP and schedule. Identify and recommend solutions relating to eliminate all errors, omissions, ambiguities, etc... Providing an "economy of scale" relating to the proposed design phasings.

• Constructability reviews-Conduct intensive constructability reviews of

the construction plans to eliminate all potential change orders and/or claims. This process includes but is not limited to certifying the following: all final quantities, required resources, construction phasing, means and methods, traffic control, specifications, equipment, labor, feasible technologies, permits, right-of-way, easements, etc., to enable the project to be constructed as planned with an exceptional level of quality and within the GMP and accelerated schedule.

• Market surveys for design decisions-Furnish designers with innovative

alternative means and methods, materials and/or equipment along with current real-time actual prices and availability of resources in order to

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jointly make informed design decisions (early in the process) to eliminate future changes in the proposed designs.

• Perform and certify all project quantities – CM performs and certifies

all project quantities required to successfully construct the project within the GMP.

• Design Options – CM prices and evaluates numerous design options

and details for constructability and feasibility.

• Risk – CM identifies potential risks (including financial risk) and methods to mitigate/share/eliminate them.

• Maintenance of Traffic/Traffic Control Plans – Works with the Owner

and Designer to develop all maintenance of traffic/traffic control plans necessary to successfully construct the project for all proposed phases and work packages.

• Staging needs – Proposes, reviews, and validates staging plans for the

project.

• Environmental Commitments/Permits – Actively works with the Owner and Designer to streamline the permitting process and recommends construction means and methods to expedite necessary permit approvals.

• Cost Model – CM provides an accurate and up to date detailed overall

Cost Model for the entire project, i.e., design, permitting, construction, inspection, mitigation, proposed and current GMPs, expenses to date, preconstruction services, construction services, etc...

• Real Time Actual Costs – CM and its subcontractors provides real-

time actual costs relating to innovative concepts, multiple work packages, and design details ensuring the project is constructible under budget. CM provides actual pricing while also focusing on the aspect that "time equals money" relating to construction projects.

• Value analysis-CM identifies aspects of the design that do not add

value or whose value may be enhanced. These changes do not necessarily reduce the cost; they may actually increase constructability, reduce design requirements, and decrease the life-cycle costs, etc...

• Material cost forecasting – CM uses its Sub-contractors and contacts

within the industry to develop costs considering construction material

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price escalation to assist making decisions regarding material selection, advanced ordering, and early work packages.

• Cash flow /cost control – CM prepares and tracks an earned value

analysis to provide the Owner with information on how project financing and payments must be made available to avoid delaying project progress. This may also include projected construction costs to aid the Owner in determining projected cash flow decisions.

• Master Project Schedule – CM prepares, manages, and tracks a CPM

schedule of work throughout the preconstruction and construction phase to ensure that all commitments and dates will be met, and notifies the owner when issues arise. The master schedule includes such items as preconstruction schedules, design schedules, permitting schedules, right-of-way schedules, detailed construction schedules, GMP schedules, project milestones, third party agreement schedules, submittal schedules, utility relocation schedules, inspection and testing schedules, and phased acceptance schedules. CM evaluates if the planned and current work progress is in line with the constraints of the master schedule. The CM provides work breakdown structures, resource loading, and sequencing of all project tasks needed to complete preconstruction and construction.

• Right-of-way acquisition and easements – the CM assists the Designer

in identifying options for right-of-away acquisitions and easements by providing innovations, means and methods input, etc... The primary purpose is to minimize the amount of right-of-way actions that must be undertaken in an effort to expedite the schedule and reduce the overall project costs.

• Meetings – CM will actively coordinate, participate, and document all

project meetings held with the Owner, Designer, permit agencies, internal and external stakeholders, etc...

• Third Party Issues – CM reviews, manages, and tracks all agreements

and permits while developing innovative solutions for third party issues (i.e. irrigation and flood control districts, railroad, utilities, property owners, adjacent municipalities, citizen groups, etc...). Advises of impacts to the project and proposes innovative solutions to meet these commitments.

• Invoicing – CM provides detailed “open book” monthly invoices for

progress of preconstruction and construction

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• Contracting – CM will contract with all sub-contractors, materials and equipment suppliers, surveying firms, QC testing and inspection firms, geotechnical firms, and equipment suppliers, etc. necessary for the successful completion of the project.

• Construction – CM provides continuous on-site construction

management services throughout the construction phase. This management shall include, but not be limited to, managing and documenting weekly job site progress meetings and preconstruction meetings; attendance and participation in all project team meeting, permit tracking and compliance, third party agreements, submitting, overseeing and conducting preconstruction and construction surveying; monitoring construction management staff and subcontractor work performance; maintaining record coies of all contract documents, creating and maintaining as-builts, administering post construction closeout, final completion, tracking all GMP, contingencies and allowances etc., and all other necessary management and documentation for the successful completion of the project.

• Public Information Assistance – CM will provide public information

assistance relating to the traveling public, adjacent property owners, etc. during the preconstruction and construction phases.

• Innovations, schedule acceleration, and cost savings - The CM shall

propose significant innovations, schedule acceleration, and cost savings throughout the preconstruction and construction phases.

*Plans, Specifications, and Bid Schedule will be available at www.gilariver.org under BIDS.

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SECTION IV SPECIAL CONDITIONS

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Section IV. Special Conditions

A. General:

The Gila River Indian Community Department of Transportation will be directly involved in the preconstruction and construction process. The Community, the Tribal Administration, and the Team will have substantial involvement in reviews throughout the entire project. The contractor will confer and work closely with the GRICDOT, and Tribal representatives during each phase in order to fully understand the requirements, to insure an exchange and understanding of ideas, and to expedite the work.

B. Firm Furnished Materials and Reports:

The potential awardee will be required to submit the most recent financial statements prior to awarding of the contract including Income Statement for most year-end and Balance Sheet for current year to date. The awarding of a contract is contingent upon a positive financial review. The contractor will include time records with each invoice, using a mutually acceptable format.

C. Travel Authorization:

Site visits are authorized prior to the submittal of the proposal. Site visits will be authorized until the Notice to Proceed (NTP) is issued, however, GRIC will not be responsible for any travel cost incurred prior to the signing of a contract. All site visits are to be coordinated through the Project Manager.

D. Completion Time:

The preconstruction phase is anticipated to be six (6) months after notice to proceed. All Construction completion will be completed one (1) year after notice to proceed.

E. Payment:

The contractor may submit pay requests for work completed on a monthly basis. For every pay application, the Cost of Work will be verified. The following are examples of acceptable forms of documentation to substantiate pay applications:

1) Check Registers with invoices/supporting invoices 2) Petty Cash reimbursement vouchers with invoices/supporting documents 3) Job cost registers with invoices/supporting documents

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4) Detailed equipment and/or mileage logs with reimbursement register 5) Material/supplier invoices with check vouchers 6) Detailed credit card receipts with credit card statement 7) Payroll registers for period of payment application (should include Employee’s

name, rate, job title, hours worked, amount paid) 8) Unconditional Waivers for payments received and check copies/wire transfer to

Sub Contractors. 9) Contractors should provide supporting documentation/FMV pricing sheet for any

billings of materials used from Contractor’s current stock. All billings should be mailed to Accounts Payable at PO Box 2160, Sacaton, AZ 85147 with a courtesy copy to the Department for Approval. Payments will be made 30 Days after billing has been approved.

F. Designated Personnel and Minimum Amount of Work:

Only key personnel indicated in the contractors’ proposal to be assigned to the project will be utilized, all personal substitutions will be subject to the prior approval of the GRICDOT Representative.

G. Choice of Law It is the intention of the parties that performance of the terms of this Agreement shall be in accordance with and pursuant to the laws of the Gila River Indian Community and that any action, special proceeding or other proceeding that may arise from, in connection with or by reason of this Agreement shall be resolved pursuant to the laws of the Gila River Indian Community and exclusively in its courts.

H. Insurance Requirements

The Contractor shall maintain adequate insurance coverage throughout the term of this Agreement. Insurance Coverage shall include, but is not limited to, General Liability Insurance, 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 this Agreement, and as a condition precedent hereto, the Contractor shall provide the Community with a Certificate of Insurance demonstrating that the insurance required in this section has been purchased and is in effect. The Contractor shall provide documentary proof of insurance showing the following:

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

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• The Community and Department shall be named as additional insured’s.

• Waiver of subrogation.

• Cross-liability Endorsement.

• No Explosion, Collapse or Underground Exclusions

• No Subsidence Limitations

• No Contractual 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.

• Contractual liability coverage for the Contractor’s indemnity obligations defined herein.

• Completed Operations Aggregate of $2,000,000.00

• Bodily injury covered under the policy shall include reasonable claims for mental anguish.

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

The Contractor will provide Errors and Omissions liability insurance with combined single limit of liability in the amount of at least $1,000,000 per occurrence and in the aggregate. Non-Owned Automobile Liability Insurance, including coverage for owned, hired and leased vehicles only, with a combined single limit of $1,000,000.

Pollution Liability – If Contractor’s work may involve asbestos or lead, mold or other pollutant abatement, Contractor shall provide liability insurance coverage for claims arising out of abatement, removal, storage, transportation, and/or disposal activities. Such insurance shall be written on an occurrence basis with no sunset clause, or on a claims made basis with a minimum 5 year extended reporting period (Tail) with a limits of not less than $5,000,000 each Occurrence or $5,000,000 each Claim. Workers Compensation Insurance as required by Arizona law, including Employer’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 $1,000,00 policy limit

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Performance and Payment Bonds (if applicable Rating A9+), for construction in an amount equal to 100% of the contract price, shall be furnished to the Department and/or Community prior to and as a condition precedent to commencement of work. Said bonds shall be in effect through the warranty period described in the Agreement. Such Bonds shall name Contractor as principal and the Community and Department as joint obligees.

Contractor will also provide Gila River Indian Community with a copy of the additional insured endorsement along with any other requested coverage forms demonstrating that the insurance policy complies with the requirements of this Section. The certificate of insurance will expressly entitle Gila River Indian Community to thirty (30) days notice, by certified 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 this Section, or to provide a satisfactory Certificate of Insurance, shall be deemed to be a material breach of this Agreement and shall entitle Gila River Indian Community to cancel this Agreement and/or recover damages at its election. It is understood and agreed that the insurance coverage and limits, required above, shall not limit the extent of this Contractor’s responsibilities and liabilities specified within the contract documents or by law. It is understood and agreed that authorization is hereby granted to Gila River Indian Community to withhold payments to the Contractor until a properly executed Certificate of Insurance providing insurance as required herein, accompanied by a signed Agreement is received by Gila River Indian Community.

Contractor agrees that any contract it enters into with a lower tier contractor for the performance of any aspect of Contractor’s work under this Agreement, shall expressly bind such other contractor to this language and requirements herein, making such obligations 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 any additional lower tier with which it contracts for any portion of the work under this Agreement. 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.

I. Compliance with Community Laws and Ordinances

The CM agrees to comply with all applicable laws and ordinances of the Gila River Indian Community and United States including, but not limited to, obtaining or maintaining a business license pursuant to GRIC Code, Title 13, Chapter 2, and compliance with the Indian preference provisions of Title 12, Chapter 4. The Contractor is aware of the Community’s Sex Offender Registration and Notification Ordinance and will provide notice of the ordinance to its employees, and any contractors or any

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subcontractors who will perform work within the exterior boundaries of the Gila River Indian Reservation.

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SECTION V EXHIBITS

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EXHIBIT A

SUSPENSION AND DEBARMENT CERTIFICATION

As a matter of its own internal policy, the Community follows Federal Law (A-102 Common Rule and OMB Circular A-133) which prohibits non-federal entities from contracting with or making sub-awards under covered transactions to parties that are suspended or debarred or which principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non-procurement transactions (e.g., sub-awards to sub-recipients). Additionally, the Community does not hire, contract with, or otherwise do business, either directly or indirectly, with contractors or individuals, which have been debarred, suspended, or subjected to a Limited Denial of Participation (LDP) by the U.S. Government. Before an award of $25,000 or more can be made by your firm, you must certify that your organization and its principals are not suspended, debarred or LDP’d by a federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its 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: ________________________________

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EXHIBIT B

NON-COLLUSIVE AFFIDAVIT State of ) County of ) , being first duly sworn, deposes and says: That he is, the party making the foregoing proposal for bid, that such proposal or bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not, in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price of affiant or of any other bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against the Owner or any person interested in the proposed contract, and that all statements in said proposal for bid are true. Project No. Location

Signature

Name and Title Date

(Signature shall be notarized.) Subscribed and sworn before me this day of , . Notary: Seal:

END OF FORM

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EXHIBIT C Indian Enterprise Qualification Statement

NOTE: Submit completed questionnaire to the Gila River Indian Community, Property & Supply Department within 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. The following definitions apply:

(a) “Community” means the Gila River Indian Community (b) “Community member” means any member of the Gila River Indian Community. (c) “Indian” means any person who is a member of any Indian tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any “Native” as defined in the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]. (d) “Tribe” means any Indian tribe, band, group, pueblo, or community, including Native villages and Native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs. (e) “Economic Enterprise” means any organization, corporation or organization established or organized for commercial, industrial, or business activity. In order to qualify as a Community member owned or an Indian owned Economic Enterprise, such Community member or Indian ownership shall constitute not less than 51 percent of the ownership of the Economic Enterprise. Please check one of the following that the applicant is applying for:

____ Community-owned Economic Enterprise ____ Indian-Owned Economic Enterprise ____ Community member owned Economic Enterprise ____ Non-Indian entity 2. Name of Enterprise or Organization:

Address:___________________________________________________________

___________________________________________________________

Telephone No.:___________________________________________________________

3. Check One:

____ Corporation ____ Joint Venture

____ Partnership ____ Other:

____ Sole Proprietorship

4. Answer the following:

If a Corporation:

a. Date of incorporation:____________________________________________

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b. State of incorporation:____________________________________________

c. Give the names and addresses of the officers of this Corporation and establish whether they are Community Member (CM), Indian (I) or Non-Indian (NI).

Name and Social Security No.

CM,I or NI

Title Address % of Stock Ownership

President

Vice-President

Secretary or Clerk Treasurer

d. Complete the following information on all stockholders who are not listed in c. above, owning 0% or more of the stock. Establish whether they are Community Member (CM), Indian (I) or Non-Indian (NI).

Name and Social Security No.

CM, I or NI

Address % of Stock Ownership

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 Community member (CM), Indian (I) or Non-Indian (NT).

Name and Social Security No.

CM, I or NI

Address % of Stock Ownership

If a Joint Venture:

a. Date of Joint Venture Agreement:

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

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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 another organization 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 work on time?

If so, note when, where and why:

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

____Yes ____No

If yes, complete:

Name/Title Description of Outside Employment Hours/Week

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

_____Yes ____No

If yes, complete:

Name of Department Person/Business Date of Action Type of Action or Agency

_____________________

_____________________

_____________________

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

____Yes ____No

If yes, complete:

Name and address of subsidiary, Affiliate or other concern Description of Relationship

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11. Does this enterprise or any person listed in #4 above have or intend to enter into any type of agreement 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, and joint venture agreements and any arrangement or contract involving the provision of such compensated services as administrative assistance, data processing, management consulting of all types, 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

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 the individuals listed in

#4 as a sole proprietor or partner in their capacities with this enterprise or other enterprise? 14. Has this enterprise or any person listed in #4 ever been involved in a bankruptcy or insolvency proceeding? ____Yes ____No If yes, provide details in an attachment. 15. What dollar amount of Working Capital is available to your enterprise prior to the start of construction?

$_____________

Explain the source of these funds:

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 been checked--state the qualifications of your personnel to perform this function:

c. Other:

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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 or Non-Indian. Core

crew is defined as an individual who is either a current bona fide employee or who is not a current employee but who is regularly employed in a supervisory or other key skilled position when 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 each officer, partner or

individual designated as an Indian in #4.

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

22. Explain in narrative form the stock ownership, structure, management, control, financing, and salary or profit sharing arrangements of the enterprise, if not covered in answers to specific questions heretofore. 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 work that is to be performed. Include Federal ID Number.

24. Attach a brief resume of the education, technical training, business, employment, design, and/or construction 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 and complete

consideration. II. The persons signing below certify that all information in this INDIAN ENTERPRISE QUALIFICATION

STATEMENT, including exhibits and attachments, is true and correct. III. Print and type name below all signatures.

If applicant is Sole Proprietor, Sign Below:

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Name Date If applicant is in a Partnership or Joint Venture, all Partners must sign below: Name Date Name Date If applicant is a corporation, affix corporate seal Corporate Seal Date By: President's Signature Date Attested by: Corporate Secretary's Signature Date

WARNING: Providing false information may subject the individual to criminal and civil sanctions in accordance with federal and Gila River Indian Community law. 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 or imprisoned not more than two years, or both."

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EXHIBIT D

AUTHORIZATION TO RELEASE INFORMATION

The undersigned hereby authorizes and request any person, firm or corporation to furnish any information requested by the Community, in verification of the recitals comprising this Request for Proposal. Dated this day of 20___ (Name of Responder) By: (Signature of Responder’s Representative) (Title)