request for proposal to design and construct a...

S:\Business Parks & Local Projects\Pine Bluffs\Wyoming Malting\RFP and info

REQUEST FOR PROPOSAL TO

DESIGN AND CONSTRUCT A MALTING AND DISTILLING FACILITY FOR CHEYENNE LEADS

Closing Date: February 19, 2016

Purpose of RFP The purpose of this Request For Proposal (RFP) is to solicit competitive sealed proposals for the design and construction of an approximately 20,000 square foot building to provide a malting and distilling facility in Pine Bluffs, Wyoming. This project is funded through a grant and loan from the Wyoming Business Council. Table of Contents

Sections

1.0 Purpose & Overview 2.0 Scope of Services 3.0 General Terms & Conditions 4.0 Submittal Requirements 5.0 Disclosures

Attachments Proposal Page Conflict of Interest Form Officers & Significant Stakeholders Form Preliminary Floor Plan Preliminary Building Rendering Site information (“Pine Bluffs Site D”)

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DESIGN AND CONSTRUCT MALTING AND DISTILLING FACILITY FOR CHEYENNE LEADS

1.0 PURPOSE & OVERVIEW Cheyenne LEADS (“LEADS”) is seeking proposals for an approximate 20,000 square foot malting and distilling facility in Pine Bluffs, Wyoming. The respondent will design and construct the building, provide interior finish work and local infrastructure service, including but not limited to the provision of water and sanitary sewer service, driveways and parking areas. The estimated budget for this proposal is $3,417,720. The malting and distilling equipment will be paid for with private funds, however the integration of this equipment will be necessary for the design and construction of the building. 2.0 SCOPE OF SERVICES

A. The respondent shall construct the following public infrastructure to serve the facility (see Attachment “Pine Bluffs Site D”):

a. 8” water main and fittings (estimated 2,750 LF) b. Fire hydrant c. Access road improvements (estimated 7,085 feet) d. Step septic / lift station

B. For the successful construction of the facility (see Attachment “Preliminary Floor Plan”

for details), the respondent shall provide:

a. Quality materials and products. b. All necessary reports and plans required for construction including a site plan for

the location of the building and parking areas including but not limited to drainage plans, soil reports for foundation plans, building plans, etc.

c. Apply and receive necessary building permits and inspections. d. Manage, apply and receive necessary approvals and permits from all Federal,

State and local agencies, such as Department of Environmental Quality and the Department of Health as necessary for project.

e. Receive Certificate of Completion for all site work. f. HVAC system. g. Provide site grading, drainage and erosion control plans and measures. h. Drainage pond will include non-linear features (not looking like a bathtub). i. Site preparation, including clearing and grubbing. j. Water service for building, k. Sanitary sewer service for the building. l. Provide electrical, gas, cable, phone and other communication hook ups and tie

into existing systems as available and negotiated. m. Provide for parking area. n. Provide aesthetic architectural building elements to match existing structures and

meet overall design guidelines for Pine Bluffs. Attractive main entrances and architectural focal points are required.

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o. Construct foundations in conformance with approved soil and foundation engineering reports.

p. Provide as-built documents at completion of project. This is a requirement and final payment will not be made until these are received.

C. Building shall be designed according to the 2015 IBC. See Attachment “Preliminary Floor Plan” for details.

D. Site work to include rough grade to accommodate a building pad.

E. Foundation and foundation engineering for above building.

F. Include material, labor, tax, freight, and permit.

G. Fire sprinkler system.

H. The respondent shall provide overall construction management service for the project. I. The person or persons provided by the respondent to complete work shall be fully

qualified to provide said services.

J. All plans, reports and documents provided by the respondent shall be in conformance with local, State and Federal rules and regulations.

K. The respondent shall meet with LEADS officials and Wyoming Malting principals prior

to preparation of necessary plans and documents to ascertain the overall needs, design and layout of the proposed building. All design and construction shall be responsive to the needs of LEADS and Wyoming Malting, shall be performed in accordance with County programs, policies and procedures, and shall utilize appropriate design and construction methods and techniques.

L. It is the responsibility of the respondent to ensure that all workers, visitors or employees

on the project have the safety devices and clothing required to meet OSHA requirements.

M. All records, including digital information, video tapes and audio tapes, related to the contract services performed for LEADS shall be subject to the Wyoming Public Records Laws and shall be maintained and made available in accordance with those laws and public records policies and procedures of the County. Records shall be made available to the County without question upon request of the County, in accordance with the requirements of law. Citizen requests for such records shall be processed through the County. All records, including all types of electronic records, related to the contract and services performed there under shall be the property of the County at the end of the contract, or at the end of the County’s fiscal year, or upon demand of the County, whichever occurs first. The County shall specify the minimum records to be maintained by the respondent. The respondent may maintain additional records at its discretion.

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3.0 GENERAL TERMS & CONDITIONS 3.1 RFP Closing Date Proposals must be received by Cheyenne LEADS, 121 W. 15th Street, Suite 304, Cheyenne, Wyoming, 82001, no later than 2:00 p.m., local time, on February 19. Proposals received after this time will not be considered. There will be a pre-bid meeting on February 5 to review the RFP with LEADS and Wyoming Malting. 3.2 Proposed Schedule February 5, 2016 Pre-bid meeting, 2:00 p.m. in the Depot, 121 W. 15th Street, Cheyenne,

WY, 2nd floor Board Rood February 19, 2016 Closing Date, no later than 2:00 p.m. February 22-26, 2016 Interviews for top proposals March 2016 Project start – this is subject to all grant/loan paperwork being completed

for the Wyoming Business Council. 3.3 Delivery of Proposals All proposals shall be sealed and delivered or mailed to (faxes will not be accepted): Cheyenne LEADS 121 W. 15th Street, Suite 304 Cheyenne, WY 82001 Mark package(s) “RFP FOR DESIGN AND CONSTRUCTION OF MALTING AND DISTILLING FACILITY”. 3.4 Pre-proposal Information A preliminary meeting shall be held Cheyenne LEADS. The pre-bid meeting will be held on February 5th, 2:00 p.m. in the Depot, 121 W. 15th Street, Cheyenne, WY, 2nd floor Board Rood 3.5 Public RFP Opening The proposals will be available for inspection during normal business hours in the Cheyenne LEADS Office within three (3) working days of the closing date, by appointment. A complete tabulation of proposals will be available after it is completed. A copy of the completed proposal tabulation will be available upon request. Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations to attend meetings should contact Cheyenne LEADS at (307) 638-6000 at least five (5) days prior to the date. 3.6 Proposal Form

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A. See Section 4, Submittal Requirements for complete details.

B. Each respondent shall submit THREE (3) complete sets of the proposal form, one marked

“ORIGINAL and TWO marked “COPY” plus an electronic copy.

C. The proposal form must be signed by an official authorized to legally bind the respondent to all RFP provisions contained herein.

D. Terms and conditions differing from those in this RFP may be cause for disqualification

of the proposal. 3.7 Questions Concerning RFP Questions concerning any portion of this RFP should be directed in writing to person named below, who shall be the official point of contact for this RFP. Mark cover page, email or envelope(s) "Questions on RFP, Malting and Distilling Facility.” Submit questions to:

Anja Bendel, Director of Business Development Cheyenne LEADS PO Box 1045 Cheyenne, WY 82003 Telephone 307-638-6000 Fax 307-638-7728 E-mail – [email protected]

3.8 Clarification and Addenda It is incumbent upon each respondent to carefully examine all specifications, terms, and conditions contained herein. Any inquiries, suggestions, or requests concerning interpretation, clarification or additional information shall be made in writing, (facsimile transmissions acceptable, 307-633-4519) through the person named above. LEADS will not be responsible for any oral representation(s) given by any employee, representative or others. The issuance of a written addendum is the only official method by which interpretation, clarification or additional information can be given. If it becomes necessary to revise or amend any part of this RFP, notice will be provided via email. 3.9 Award LEADS reserves the right to award the contract to the respondent(s) that LEADS deems to offer the best overall proposal(s). LEADS is therefore not bound to accept a proposal on the basis of lowest price. In addition, LEADS at its sole discretion, reserves the right to cancel this RFP, to reject any and all proposals, to waive any and all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the best

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interest of LEADS to do so. LEADS also reserves the right to make multiple awards, based on experience and Proposal if it is deemed to be in LEADS best interest. 3.10 Contract The contents of this RFP and all provisions of the successful proposal deemed pertinent by LEADS may be incorporated into a contract and become legally binding. A separate contract document will be issued. The CEO is the sole Contracting Officer for LEADS, and only he/she or his/her designee is authorized to make changes to any contract. LEADS shall be responsible for only those orders placed by LEADS on an authorized signed Purchase Order or Price Agreement. LEADS shall not be responsible for any order, change substitution or any other discrepancy from the Purchase Order or Price Agreement. If there is any question about the authenticity of a Purchase Order, Price Agreement or change order, the respondent should promptly contact LEADS at (307) 638-6000. 3.11 Disclosure of RFP Content All material submitted becomes the property of LEADS and may be returned only at LEADS option. LEADS has the right to use any or all ideas presented in any reply to this RFP. Selection or rejection of any proposal does not affect this right. 3.12 Respondent's Responsibility A respondent, by submitting a proposal represents that:

A. The respondent has read and understands the RFP in its entirety that and the proposal is made in accordance therewith, and;

B. The respondent possesses the capabilities, resources, and personnel necessary to provide efficient and successful service to LEADS, and;

C. Before submitting a proposal, each respondent shall make all investigations and examinations necessary to ascertain site and/or local conditions and requirements affecting the full performance of the contract and to verify any representations made by LEADS upon which the respondent will rely. If the respondent receives an award because of its proposal submission, failure to have made such investigations and examinations will in no way relieve the respondent from its obligations to comply in every detail with all provisions an requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim by the respondent for additional compensation or relief.

3.13 Payment Terms LEADS will remit full payment on all undisputed invoices within SIXTY (60) days from receipt by the appropriate person(s) (to be designated at time of contract) of the invoice(s) or receipt of all products or services ordered. LEADS will make every effort to shorten this time frame, but

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the funds must be issued by the State to the County, and then by the County to LEADS. It may take 60 days for the process to complete. 3.14 Conflict of Interest Disclosure Form All respondents shall complete and have notarized the attached disclosure form of any potential conflict of interest that the respondent may have due to ownership, other clients, contracts, or interest associated with this project. 3.15 Licenses and Certificates LEADS reserves the right to require proof that the respondent is an established business and is abiding by the ordinances, regulation, and laws of their community and the State of Wyoming, such as but not limited to: occupational licenses, business licenses, Wyoming sales tax registration, Federal Employers Identification Number. Each firm must be licensed to do business in its area of expertise in the State of Wyoming. Each firm shall submit with their proposal a copy of, and maintain the appropriate licenses and certificates during the term of the contract and any extensions. Failure to maintain these requirements shall be cause for immediate termination of the contract. 3.16 Minor Irregularities LEADS reserves the right to waive minor irregularities in proposals, providing such action is in the best interest of LEADS. Minor irregularities are defined as those that have no adverse effect on LEADS’ best interests, and will not affect the outcome of the selection process by giving the respondent an advantage or benefit not enjoyed by other respondents. 3.17 Insurance The respondent shall secure and maintain, at its sole cost and expense during the contract term, the following insurance:

Commercial General Liability – in the amount of $1 million per occurrence; Liability – Auto, in the amount of $100,000/300,000; Workers’ Compensation – Statutory; Employers’ Liability in the amount of $1 million per occurrence; Professional Liability in the amount of $1 million per occurrence;

The respondent shall carry Property Damage and Public Liability Insurance in the minimum amounts listed above, and Worker’s Compensation and Employer’s Liability Insurance in statutory amounts. All insurance policies shall be issued by insurers licensed to do business in the State of Wyoming and any insuring company is required to have a minimum rating of B, Class VIII in the "Best Key Rating Guide" published by A.M. Best & Company, Inc. Worker's Compensation and Occupational Disease. The respondent shall secure and maintain at its sole cost and expense during the contract term, all Worker's Compensation insurance required by Wyoming law, for respondent and all employees who are to provide services under this contract, and shall require his consultants or subsidiaries doing work in connection with this contract to

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provide the same coverage, without exclusion of any class of employee. Respondent’s liability coverage with limits of not less than $100,000 for each accident or illness shall be included. The respondent shall either cover any subcontractors on its policy or require the subcontractor to conform to these requirements and file appropriate forms with LEADS. A certificate of insurance indicating that the respondent has coverage in accordance with the requirements herein set forth shall be furnished by the respondent to LEADS within thirty (30) days from the execution of the contract and annually upon renewal thereafter. Respondent agrees that LEADS will make no payments pursuant to the terms of the contract until all required proof or evidence of insurance have been provided to LEADS. Respondent agrees that the insurer shall waive its rights of subrogation, if any, against LEADS. These shall be completed by the authorized Resident Agent and returned to LEADS. This certificate shall be dated and show:

The name of the insured respondent, the specified job by name, name of the insurer, the number of the policy, its effective date and its termination date. Statement that the Insurer will mail notice to LEADS at least thirty (30) days prior to any material changes in provisions or cancellation of the policy. LEADS shall be named or additional named insured on General and Professional Liability Insurance. Loss Deductible Clause: LEADS shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the respondent and/or subcontractor providing such insurance.

3.18 Deviations All proposals must clearly and with specific detail, note all deviations to the exact requirements imposed upon the respondent by the General Terms & Conditions. Such deviations must be stated upon the Proposal Form, otherwise LEADS will consider the subject proposals as being made in strict compliance with said General Terms & Conditions to respondents; the respondent being held therefore accountable and responsible. Respondents are hereby advised that LEADS will only consider proposals that meet the exact requirements imposed by the General Terms & Conditions; except, however, said proposals may not be subject to such rejection where, at the sole discretion of LEADS, the stated deviation is considered to be equal or better than the imposed requirement and where said deviation does not destroy the competitive character of the RFP process by affecting the amount of the proposal such that an advantage or benefit is gained to the detriment of the other respondents. 3.19 Waiver of Claims Once this contract expires, or final payment has been requested and made, the awarded respondent shall have no more than 30 calendar days to present or file any claims against LEADS concerning this contract. After that period, LEADS will consider the respondent to have waived any right to claims against LEADS concerning this agreement.

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3.20 Selection Criteria Each proposal shall be evaluated using the following criteria:

1. Proper submittal of ALL documentation as required by this proposal 2. The quality and innovative ideas to bring project to completion 3. Value delivered for the set project cost to include amount of optional items completed 4. Overall scope and quality of the proposed project 5. Meeting or exceeding the requirements of the RFP 6. Quality and compatibility of the construction proposed 7. Ability to accomplish project in a timely manner 8. Knowledge of local or regional conditions 9. The benefits to LEADS as it pertains to:

a. Related experience in the areas covered in the RFP b. Past record of performance on contracts with government agencies and private

industry with respect to such factors as control of costs, quality of work and ability to meet schedules

c. Experience, ability and overall quality of past and current projects

3.21 Termination / Cancellation of Contract LEADS reserves the right to cancel the contract without cause with a minimum thirty (30) days written notice. Termination or cancellation of the contract will not relieve the respondent of any obligations for any deliverables entered into prior to the termination of the contract (i.e. reports, materials, statements of accounts, etc., required and not received). Termination or cancellation of the contract will not relieve the respondent of any obligations or liabilities resulting from any acts committed by the respondent prior to the termination of the contract. 3.22 Incurred Expenses This RFP does not commit LEADS to award a contract. Nor shall LEADS be responsible for any cost or expense which may be incurred by the respondent in preparing and submitting the proposal called for in this RFP, or any cost or expense incurred by the respondent prior to the execution of a contract agreement. 3.23 Presentations by Respondents LEADS, at its sole discretion, may ask individual respondents to make additional oral presentations and/or demonstrations without charge to LEADS. LEADS reserves the right to require any respondent to demonstrate to the satisfaction of LEADS that the respondent has the fiscal and managerial abilities to properly furnish the services proposed and required to fulfill the contract. The demonstration must satisfy LEADS and LEADS shall be the sole judge of compliance.

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3.24 Minimum Specifications The specifications listed in the Scope of Service are the minimum required performance specifications for this RFP. They are not intended to limit competition nor specify any particular respondent, but to ensure that LEADS receives quality services. 3.25 Respondent’s Personnel The respondent shall be responsible for ensuring that its employees, agents and subcontractors comply with all applicable laws and regulations and meet all federal, state and local requirements related to their employment and position. The respondent certifies that it does not and will not during the performance of the contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986, as amended. During the performance of the contract, the respondent agrees to the following:

The respondent shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap or national origin, except when such condition is a bona fide occupational qualification reasonably necessary for the normal operations of the respondent. The respondent agrees to post in conspicuous places, visible to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

The respondent, in all solicitations or advertisements for employees placed by or on behalf of the respondent, shall state that such respondent is an Equal Opportunity Employer.

Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. The respondent shall include the provisions of the foregoing paragraphs above in every subcontract or purchase order so that the provisions will be binding upon each respondent or vendor. The respondent and any subcontractor shall pay all employees working on this contract not less than minimum wage specified in the Fair Labor Standards Act (29 CFR 510-794) as amended. Any information concerning LEADS, its products, services, personnel, policies or any other aspect of its business learned by the respondent or personnel furnished by the respondent in the course of providing services pursuant to the Agreement, shall be held in confidence and shall not be disclosed by the respondent or any employee or agents of the respondent or personnel furnished by the respondent, without the prior written consent of LEADS. 3.26 Claim Notice The respondent shall immediately report in writing to LEADS’ designated representative or agent any incident which might reasonably be expected to result in any claim under any of the coverage mentioned herein. The respondent agrees to cooperate with LEADS in promptly releasing reasonable information periodically as to the disposition of any claims, including a resume' of claims experience relating to all respondent operations at the LEADS project site. 3.27 Proposal Acceptance/Rejection

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LEADS reserves the right to accept or reject any or all proposals received as a result of this RFP, or to negotiate separately with competing respondents, and to waive any informalities, defects, or irregularities in any proposal, or to accept that proposal or proposals, which in the judgment of the proper officials, is in the best interest of LEADS. 4.0 SUBMITTAL REQUIREMENTS Proposals shall include all of the information solicited in this RFP, and any additional data that the respondent deems pertinent to the understanding and evaluating of the proposal. All proposals shall include at minimum:

Tab 1 – Respondent’s Profile A brief profile of the firm, including: Tab 2 - Completed Proposal Form Tab 3 – Licenses Attach a copy of all applicable Federal, State and local certifications. Tab 4 – Insurance Attach evidence of required insurance coverage: Insurance requirements include:

General Liability - $1,000,000.00 per occurrence Automobile - $100,000.00/$300,000.00 Workers’ Compensation – statutory Employers’ Liability - $500,000.00 minimum Professional Liability - $1,000,000.00

Tab 5 – Project Costs Attach bid for building and all associated work broken down to each cost segment along with cost of options. Tab 6 – Conflict of Interest Disclosure Form All respondents shall properly complete, have notarized and attach with their proposal the attached notarized disclosure statement. The Officers and Significant Stakeholders form shall also be completed and be submitted behind this tab.

Tab 7 - Other Information

Include any additional information you believe will assist LEADS in the selection process of qualified respondents. Please be succinct.

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5.0 Required Disclosures The laws of Wyoming require that the contents of all proposals shall be placed in the public domain and be open to inspection by interested parties. Trade secrets or proprietary information that are recognized as such and are protected by law may be withheld if clearly identified as such in the proposal. The entire proposal cannot be designated as proprietary or a trade secret. If a request is received to examine portions designated as proprietary or a trade secret, LEADS will notify the vendor to permit the vendor to defend the proprietary nature of the information. If a respondent discovers any ambiguity, conflict, discrepancy, exclusionary specifications, omission, or other error in this document, the respondent shall immediately notify the issuing office. If a respondent fails to notify the issuing office of any error, ambiguity, conflict, discrepancy, exclusionary specifications, or omission, the respondent shall submit a response at its own risk and under such conditions. If the respondent is awarded a contract, then such respondent will not be entitled to additional compensation, relief, or time by reason of the error or its later correction. The successful respondent will be expected to enter into a contract with LEADS upon terms acceptable to LEADS. Following the award of the contract, responses to this proposal are subject to release as public information unless specific parts of the response can be shown to be exempt from the laws of the State of Wyoming. Respondents are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information. LEADS assumes no obligation or responsibility for asserting legal arguments on behalf of potential respondents. If a respondent believes that parts of a proposal are confidential then the respondent must so specify. The respondent must mark in bold red letters the term “CONFIDENTIAL” on that part of the response, which the respondent believes to be confidential. The respondent must submit in writing specific detailed reasons, including any relevant legal authority, stating why the respondent believes the material to be confidential. Vague and general claims as to confidentiality will not be accepted. LEADS will be the sole judge as to whether a claim is general and/or vague in nature. All parts of proposals, which are not marked as confidential, will be automatically considered public information after the contract is awarded. The successful proposal may be considered public information even though parts are marked confidential. Proposals must be signed by a person authorized to commit the respondent to provide the services requested in this RFP. Submission of a signed proposal will be interpreted to mean the respondent has agreed to all terms and conditions set forth in all of the sheets which make up this RFP. LEADS accepts no obligations for the costs incurred in responding to this RFP in anticipation of being awarded a contract. LEADS reserves the right to reject any and all submitted proposals. It is understood that all proposals become the property of LEADS and will be available for public inspection. No obligation is made by retention of these proposals, nor is LEADS committed to awarding a contract as a result of this RFP.

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Each respondent must disclose any existing or potential conflict of interest relative to the performance of the requirements of this proposal. Examples of potential conflicts may include an existing business or personal relationship between the respondent, its principal or any affiliate or subcontractor, with Laramie County or any other entity or person involved in any way in the project that is the subject of this RFP. Similarly, any personal or business relationship between the respondent, the principals, or an affiliate or subcontractor, with any employee of LEADS must be disclosed. Any such relationship that might be perceived or represented as a conflict should be disclosed. Failure to disclose any such relationship or reveal personal relationships with LEADS employees may be cause for contract termination. LEADS maintains the subjective right to decide if an actual or perceived conflict should result in proposal disqualification. By submitting a response to this RFP, all respondents affirm that they have not given, nor intend to give, any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip, favor, or service to a LEADS employee or representative in connection with the procurement. The State Procurement Standards inclusive of W.S. §15-1-113 and W.S. § 16-6-101, et seq, as well as the Wyoming Preference Act (W.S. § 16-6-201 through 16-6-206) will be followed. Preference will be given to materials, supplies, equipment, machinery, provisions, and/or services offered by Wyoming resident respondents, quality being equal to articles or services offered by competitors outside the State of Wyoming. Preference will be given Wyoming respondents for any contractual service(s). The contract shall be let to the responsible resident making the lowest proposal, if such resident’s proposal is not more than five percent (5%) higher than that of the lowest responsible nonresident respondent. Resident laborers, workmen and mechanics shall be used upon all work under the contract whenever possible. Wyoming materials and products of equal quality and desirability shall have preference over materials or products produced outside the State of Wyoming (W.S. 16-6-101 et seq.), as amended. Respondents claiming preferential consideration shall attach appropriate proof of Wyoming residency. Sovereign Immunity LEADS does not waive Governmental/Sovereign Immunity as applied to Laramie County, as provided by any applicable law including W.S. 1-39-101 et seq., by issuing this RFP or by entering into any subsequent agreement. Further, LEADS and Laramie County fully retain all immunities and defenses provided by law with regard to any action, whether in tort, contract or any other theory of law, based on this RFP or any subsequent agreement. Indemnification To the fullest extent permitted by law, the successful respondent agrees to indemnify and hold harmless LEADS, its appointed officials, elected officials, Board Members, employees and volunteers from any and all liability for injuries, damages, claims, penalties, actions, demands or expenses arising from or in connection with any work performed by or on behalf of respondent for LEADS pursuant to any agreement with LEADS.

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Termination The selection may be terminated (a) by either party at any time for failure of the other party to comply with the terms and conditions of the RFP or any subsequent agreement; (b) by either party, with thirty days’ prior written notice to the other party; or (c) upon mutual written agreement by both parties. Force Majeure Neither the respondent nor LEADS shall be liable to perform under this RFP or subsequent agreement if such failure arises out of causes beyond control, and without the fault or the negligence of said party. Such causes may include, but are not restricted to, Act of God or the public enemy, fires, floods, epidemics, quarantine restrictions, freight embargoes and unusually severe weather. In every case, however, a failure to perform must be beyond the control and without the fault or the negligence of said party. The submission of a proposal shall be considered acceptance to all the terms and conditions provided herein and in the various proposal documents, unless specifically noted otherwise in the proposal.

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PROPOSAL FORM TO: Scott Sutherland, VP Cheyenne LEADS 121 W. 15th Street, Suite 304 Cheyenne, Wyoming 82001 The undersigned hereby declares that [firm name] _____________________________ ___________________________ have carefully examined the specifications to furnish: DESIGN AND CONSTRUCTION OF A MALTING AND DISTILLING FACILITY FOR LEADS for which proposals were advertised to be received FEBRUARY 19, 2016 and further declare that [firm name]________________________________ __________ will furnish the Design and Construction according to specifications. Proposed Cost Total Estimated Cost for Project: $_________________________ The above prices are all inclusive; LEADS shall pay no other forms of compensation. LEADS reserves the right to add additional related services that were not known at the time of the publishing of this RFP to any resulting contract, upon negotiations with awarded contractors that is mutually agreeable. Have you supplied the Submittal Requirements outlined above? ______ YES ______ NO LEADS reserves the right to reject any or all proposals, to waive informalities, and to accept all or any part of any proposal as they may deem to be in the best interest of LEADS. I hereby certify that I have read and understand the requirements of this Request For Proposals and, that I as the respondent, will comply with all requirements, and that I am duly authorized to execute this proposal/offer document and any contract(s) and/or other transactions required by award of this RFP. Company________________________________________________________________ By (Print name) Signature _______________________________________________________________ Address ________________________________________________________________ City______________________________ _____State________ZIP___________ ______ Telephone _________________________ __ Fax ______________________ E-Mail Address: _____________________________________________ DUNS#_____________________ Fed. I.D. #_______________________________

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CONFLICT OF INTEREST & DISCLOSURE FORM I HEREBY CERTIFY that I (printed name)________________________ ____ am the (title) and the duly authorized representative of the firm of (Firm Name) whose address is and I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting; and, Except as listed below, no employee, officer, or agent of the firm have any conflicts of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project; and, Neither the business nor any authorized representative or significant stakeholder of the business has been determined by judicial or administrative board action to be in noncompliance with or in violation of any provision of the Building Code Regulations of Laramie County, nor has any outstanding past due debt to LEADS; and, This proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same services, and is in all respects fair and without collusion or fraud. EXCEPTIONS (List) Signature:______________________________________________________________

Printed Name: __________________________________________________________

Firm Name: ____________________________________________________________

Date: ___________________

Sworn to and subscribed before me this ________ day of ___ _________, 20____. Notary Public - State of _______________________ My Commission expires_______________________ (Printed, typed or stamped commissioned name of Notary Public)

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OFFICERS AND SIGNIFICANT STAKEHOLDERS Failure to list all officers and significant stakeholders of the business may prevent the proposal / offer from being considered for award. BUSINESS OFFICERS President Name: ______________________________________________________________________ Address: ______________________________________________________________________ Vice President Name: ______________________________________________________________________ Address: ______________________________________________________________________ Secretary Name: ______________________________________________________________________ Address: ______________________________________________________________________ Treasurer Name: ______________________________________________________________________ Address: ______________________________________________________________________ SIGNIFICANT STAKEHOLDERS A significant stakeholder means any person, corporation, partnership, individual, sole proprietorship, joint venture, joint stock company, or any legal entity that has a ten percent (10%) or more equity in the business. Name: ______________________________________________________________________ Address: ______________________________________________________________________ Name: ______________________________________________________________________ Address: ______________________________________________________________________ Name: ______________________________________________________________________ Address: ______________________________________________________________________ Name: ______________________________________________________________________ Address: ______________________________________________________________________ USE ADDITIONAL PAGES TO ADD ALL NAMES AND ADDRESSES.

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12'-9" 25'-3" 12'-0" 12'-0" 25'-3" 12'-9" 16'-8" 16'-8" 16'-8"

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4'-4" 6'-0" 6'-4" 2'-4" 3'-4" 6'-0" 5'-0" 5'-0" 6'-0" 5'-3" 5"

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Sheet title:

Sheet:

PINE

BLU

FFS D

ISTILLE

RY

Issue Date:

File Name:

Drawn By:

Plot Date:

PINE

BLU

FFS,

WYO

MIN

G 8

2082

PINE BLUFFS DISTILLERY.RVT

draftNOT FOR CONSTRUCTION

ARCH

ITECTS

5/14/2015 4:58:37 PM

5-14-15

FLOOR PLAN

A1.0

RCW

buiilding area: 20,000 sf

Pine Bluff Site D

H:\3778_PINESITESL\REPRTS\Eng\Site Evaluation\Site D.docx

AVI PROFESSIONAL CORPORATION 1103 Old Town Lane; Suite 101, Cheyenne, WY 82009 phone: 307.637.6017 Page 1 of 5

This site is located in the north Center of Section 10 Township 14 North, Range 60 West, Laramie County The site is easterly of site A by approximately 1,625’ and will consist of a 10.0 acre parcel. The approximate corners of a 10.0 acre parcel 650’ x 700’ where denoted in the field to help define the limits of the parcel. The Town of Pine Bluffs owns this property. The site is presently part of an irrigated circle with alfalfa hay being grown and harvested. The parcel is relatively flat but does slopes to the north. Refer to the photo of the site in Figure 1 Site D Looking North

Figure 1 Site D Looking North

The site can be accessed from an improved dirt road know as North Beech Street to the east which connects to CR 213. A field approach presently exist at this location. Refer to photo’s 2 and 3. Additionally, the site can be accessed via from an unimproved dirt road known as Sanders (Sandys) Drive from North Main Street which is paved. This route is not recommended initially as it passes by several residential units. Either way, approximately 1,400’ of new road to access the parcel will be required. The town does not currently provide any road way maintenance of the existing dirt road. There does not appear to be an established legal Road ROW for North Beech Street. This issue can be easily rectified as the Town is the landowner and can easily grant an access easement to the site until such time as this area becomes platted and road ROW’s are established. The North Beech street presently provides access to a of single-family residence\ business so traffic volumes are extremely low and not foreseen to be impacted with this site being developed. Traffic flowing to this site would need to cross a series of Union

Pine Bluff Site D



Pacific Railroad (i.e. UPRR) tracks at a controlled crossing. Periodic blockage of the crossing should be anticipated and will vary as the amount of train traffic increases.

Figure 2 N. Beech Street @ CR213 Looking North

Figure 3 Field Trail Looking East to N. Beech Street

Pine Bluff Site D



A field survey was completed to confirm the ability of Parcel D to be served via a gravity sewer main to the main upstream of the Lift Station. The existing line is 12” diameter and is only 3.5’ deep. The Public Works Director indicated his preference would be to connect to the sewer main upstream of the sewer meter and by pass line. The field survey results indicated that a main extended 1,870’ at minimum 0.4% grade would extend out of the ground about 10’. Refer to conceptual profile attached here with. While the wet well does provide a deeper connection option this connection is not desirable as the wet well is designed to provide several hours of storage and would result in unmetered flows into the town’s system. Thus effluent levels inside the wet well will fluctuate and have the potential to back up the main to the Malting facility during higher levels. For this site, a septic tank & leech field is an option as well as a step septic system. This system involves a small pump located on the septic tank and it would pump the liquids off to the gravity main via a small 2” forced main.

Figure 4 Field Trail Looking West to Towns Lift Station

The site is adjacent to existing 3-phase power source, 2” potable waterline is stubbed to the lift station and public sewer system to the lift station.

An 8” water main extends part way up the dirt road, Sanders Drive, about half way to where a Fire Hydrant is located. From this point, only a 2” service line is present. Extension of the main is warranted with development and would require installing 2,750’ of 8” main with a fire hydrant set at the end. Ultimately the main would be looped back into the towns systems. Although not desirable to have this long of a dead end main,

Pine Bluff Site D



with scheduled periodic hydrant flushing to keep the water in the main fresh, the facility could operate for some time on this configuration.

The northwest corner of the site does appear to be within the Lodge Pole Creek 100 flood plain. Adjustment to the parcel configuration could be made to avoid this corner if it is deemed an issue by the developers.

Probable Opinion Site Development Cost

Pine Bluffs Site Evaluation

SITE D

Item Total

Estimated Quantity

Unit Unit Price Total

8" Water Main & fittings 2,750 LF $ 75.00* $ 206,500.00

Fire Hydrant 1 EA $ 6,000.00 $ 6,000.00

Access Rd Improvements ,1085’ 1 LS $ 37,500.00 $ 37,500.00

Septic Tank & Leech field 1 LS $ 20,000.00 $ 20,000.00

Site Grading 1 LS $ 20,000.00 $ 20,000.00

Total $ 287,250.00

Water main unit prices provided from Town Engineer based on recent project completed.

Pine Bluff Site D



Site D Legal Description:

A parcel of land located in the north half of Section 10, T14N, R60 W, of the 6th principal

meridian, Laramie County Wyoming being further described as follows;

Commencing at the E1/4 of Section10, being a found 21/2” aluminum cap located in N. Beech

Street;

Thence N89 44’ 58” W along the center section line a distance of 760.00 feet to the southeast

corner of said parcel and being the Point of Beginning;

Thence N01 44’ 58” E, a distance of 700 feet;

Thence N 89 44’58” W, a distance of 650 feet;

Thence S01 44’ 58” W a distance of 700 feet to a point on the center section line;

Thence N 89’ 44’ 58”E along the center section line a distance of 650 feet more or less to the

Point of Beginning.

Said parcel contains 10.45 acres more or less and is subject to easement of record.

request for proposal to design and construct a...

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