Attendance at the pre-bid conference is MANDATORY. A pre-bid conference shall be at 10:00 a.m. on February 13, 2014 at the Roads building at Cherokee Nation headquarters, approximately 3.5 miles south of Tahlequah, Oklahoma on Highway 62. A location map is included in the contract specifications (last page). Bids will not be accepted from Bidders who do NOT have a representative attending the pre-bid conference. The Bidder must not make telephone or other oral inquiries concerning this Bid Notice or the Bid Proposal. All correspondence and questions regarding this Bid Notice and requests for additional information must be directed in writing to CNRoads@cherokee.org , no later than 5:00 p.m., Thursday, February 20, 2014. Responses to questions and any bid document updates and/or addendums will be posted on or before 5:00 p.m., Thursday, February 27, 2014 under Cherokee Nation procurements on the Cherokee Nation bid website at www.cherokeebids.org . Failure of the Bidder to receive responses to questions shall not relieve the Bidder from any obligation under a bid as submitted.
SUBMISSION OF BIDS
Bidders must print and complete Part 1 of the Bid Proposal Forms (See Instructions, p. 1 of this Part, Bid Proposal Checklist, p. 2-5 of this Part.). The original sealed Bid shall be submitted in an envelope showing the Bidder’s name and address, the project number, and the date and time Bids are due, and the notation “Bid Notice – Do Not Open”. It may be mailed to the attention of Sherry Waters, Cherokee Nation, P.O. Box 948, Tahlequah, Oklahoma, 74465, or may be hand delivered to the Roads building at Cherokee Nation headquarters, approximately 3.5 miles south of Tahlequah, Oklahoma on Highway 62. The original sealed Bid (no copies) shall be delivered no later than 9:00 a.m. on Tuesday, March 4, 2014. Any bid received after this deadline will not be considered. The Bidder may modify or withdraw the Bid at any time prior to the bid submission deadline, provided such communication is received in writing by the designated contact person for this Bid Notice prior to the bid submission deadline. Cherokee Nation Roads Department, Community Services Group, P.O. Box 948, Tahlequah, OK 74465. Date Bid Notice Issued: January 30, 2014, Contract has four bridges: Project No.: CN-0730BR53, Project Name: Teesquatnee Hollow Bridge #53, Project No.: CN-0730BR67, Project Name: Saline Creek Bridge #67, Project No.: CN-0730BR68, Project Name: Saline Creek Bridge #68, and Project No.: CN-0730BR71, Project Name: Dry Creek Bridge #71, County: Delaware County, (See “Project Scope of Services and Plans” herein for more detailed information.). Project Calendar Day Contract: 600 calendar days.
The Cherokee Nation has a Tribal Transportation Program Agreement with the United States Department of Transportation. The Cherokee Nation receives Federal Highway Administration (“FHWA”) funding for road construction and road rehabilitation projects in accordance with that agreement. The Cherokee Nation is the federally recognized government of the Cherokee people and exercises self-governance in a fourteen county area in northeastern Oklahoma. The seat of tribal government is the W.W. Keeler Complex (tribal headquarters) near Tahlequah, Oklahoma, capital of the Cherokee Nation.
REQUIRED BID PROPOSAL FORMS
Bidders are required to submit bids by using the specific Bid Proposal Forms for this Project. The Cherokee Nation, which is not required to follow state requirements related to road projects, has chosen to utilize the 2009 ODOT Specifications for purposes of this Project, as amended by the Nation and as more specifically described in Part 2, Specifications. Copies of the 2009 ODOT Standard Specifications have been downloaded from the ODOT website and are included on the Bid Proposal Forms for convenience of the Bidder. (See ODOT website, which makes free electronic copies available to the public: http://www.okladot.state.ok.us/cnstrctengr.htm)
PROJECT SCOPE OF SERVICES AND PLANS
The Cherokee Nation is receiving bids from qualified firms for 4 (four) bridges. The projects include the construction of Teesquatnee Hollow Bridge #53, which includes an approximatly 50’ span bridge with abutments, construction of a temporary bypass, removal of old bridge and augmentation of existing approaches. It is located on Kenwood Road in Section 3, T21N, R23E, in Delaware County, State of Oklahoma; the construction of Saline Creek Bridge #67, which includes construction of an approximately 2,775’ roadway alignment, construction of a new approximately 197.5’ pre-stressed concrete beam bridge, and removal of old bridge and approaches. It is located on Kenwood Road in Section 9, T21N, R22E, in Delaware County, State of Oklahoma; the construction of Saline Creek Bridge #68, which includes the removal of an existing bridge and approaches and replacing with an approximately 132.5’ pre-stressed concrete beam bridge and reshaping approaches. It is located on Kenwood Road in Section 12, T21N, R22E, in Delaware County, State of Oklahoma; the construction of Dry Creek Bridge #71, which include the removal of old bridge, bridge abutments, and approaches, plus realignment and reconstruction of approximately 2,452’ of roadway, and construction of a new approximately 122.5’ pre-stressed concrete beam bridge. It is located on Kenwood Road in Section 10, T21N, R23E, in Delaware County, State of Oklahoma. The work shall consist of furnishing all materials, labor, equipment, and services incidental to perform the work shown in the plans which include, constructing temporary bypass, installing new pipe, constructing an asphalt pavement, constructing three pre-stressed concrete beam bridges, a 50’ span bridge, bridge abutments, placing sod, constructing guardrail, fencing, installing gates, installing mailboxes, signing, erosion control, grading, applying traffic stripes all in strict accordance with the Plans and Specifications for Jay / Kenwood Bridges (“Project”). A copy of the plans for the Project is contained on the Cherokee Nation website at www.cherokeebids.org as part of the Bid Proposal Forms.
It is understood any information submitted to the Bidder by the Nation in respect to this Bid Notice embodies certain proprietary information and is loaned to the Bidder on a confidential basis. Any information acquired from the Nation or otherwise relating to processes belonging to the Nation incorporated into this Bid Notice shall be kept confidential. The Bidder agrees not to use in any unauthorized manner or communicate to others any such confidential items without the prior written consent of the Nation and will undertake such measures as are necessary to require its employees and all approved subcontractors to maintain complete confidentiality.
Bids will be accepted from Indian Owned Businesses and non-Indian owned businesses. By submitting a bid in response to this Bid Notice, the Bidder acknowledges and agrees to comply with all Indian preference requirements of the Cherokee Nation Employment Rights Act (“CNERA”), LA 30-12, and all Indian preference requirements set forth in this Bid Notice, which are incorporated and made a part of the contract awarded to the successful Bidder. (See Attachment 1-C, Bidder’s Acknowledgement of Review of CNERA and Bidder’s TERO Certification.) CNERA, § 8.A.2 (codified as Title 40, § 1021.A.2), requires that if potential contractors “are otherwise equally qualified to complete the relevant contract work and respective bids are otherwise equal,” the Cherokee Nation, including the Roads Department, shall apply a preference for Indian Owned Businesses in procurement and contracting. Application of Indian preference is subject to certain limited exceptions in §8.A.2 and
A.6 (codified as §1021.A.2 and A.6), including:
• When an Indian-owned Business has previously provided poor performance or engaged in behavior in non-compliance with contract provisions, rules, regulations, or laws;
• When no Indian-owned Business is readily available; or
• When more favorable pricing may be obtained.
In order to receive Indian preference, a TERO certified Bidder must also demonstrate that it will control, direct and perform at least 51% of the Contract amount, based on the total contract price, using its own organization.
The Sealed Bids will be publicly opened at the submission deadline time and date at the
Roads building at Cherokee Nation headquarters, approximately 3.5 miles south of Tahlequah, Oklahoma on Highway 62. A location map is included with the Bid Forms on the Cherokee Nation Website at www.cherokeebids.org. Any award of a Contract will be made, subject to available funding, to the lowest responsible Bidder with a responsive Proposal whose bid is determined to be in the best interests of the Nation at that time, in accordance with procedures in the Part 2, Specifications, including without limitations subsections 103.01, “Consideration of Proposals,” 103.02, “Award of Contract,” and 103.03, “Cancellation of Award,” and in accordance with the Indian preference requirements contained in this Bid Notice. In determining whether a bidder is a responsible bidder, the Nation may consider the information provided in the Bidder Qualifications and Certification and Non-Collusive Bidding Certification (see Part 1, Attachment 1-A and Attachment 1-B), factors for rejection
of proposals in Part 2, Specifications, subsection 102.04, “Refusal of Proposals,” and subsection 102.14, “Rejection of Proposals.” NO CONTRACT WILL BE AWARDED UNDER THIS BID NOTICE AT GREATER THAN FAIR AND REASONABLE PRICES.
PRE-CONSTRUCTION CONFERENCE AND NOTICE TO PROCEED
A Notice to Proceed will be issued and a Preconstruction Conference will be held in accordance with Part 2, Specifications, subsection 108.02, “Notice to Proceed and Preconstruction Conference”. The Contractor shall begin performance no later than thirty (30) calendar days from the date of receipt of Notice to Proceed. The Contractor must furnish an activities schedule chart and written narrative as required by Part 2, Specifications, subsection 108.03, “Prosecution and Progress.”