**PURCHASING CHANGE #4, DATED 1/11/18, IS TO ADD "FORMAL" BID DOCUMENTS. INSTEAD OF SUBMITTING BIDS VIA EMAIL BIDS ARE NOW TO BE SEALED AND SUBMITTED IN ACCORDANCE WITH THE ATTACHED BID DOCUMENTS**
**PURCHASING CHANGE #3, DATED 1/10/18 IS TO CHANGE DATE FOR WORK TO BE COMPLETED FROM 2/1/18 TO 6/1/18 AND TO ADD ADDITIONAL COMMENTS AS SHOWN**
**PURCHASING CHANGE #2, DATED 1/9/18, IS TO ADD QUESTIONS AND ANSWERS PROVIDED UNDER THE COMMENTS SECTION; PLEASE REVIEW. CHANGE IS TO CHANGE BID CLOSING DATE FROM 1/11/18 TO 1/18/18 AT 5:00PM CST; BUT COMPLETION DATE FOR WORK WILL REMAIN AS 2/1/18 DUE TO ADDITIONAL CONSTRAINTS BY THE HORSE RACING COMMISSION THAT WOULD BE PLACED ON THE SELECTED CONTRACTOR. PLEASE ALSO REVIEW THE COMMENTS SECTION FOR ADDITIONAL QUESTIONS AND ANSWERS**
**PURCHASING CHANGE #1, DATED 1/5/18, IS TO ADD QUESTIONS AND ANSWERS PROVIDED UNDER THE COMMENTS SECTION; PLEASE REVIEW**
Cherokee Casino Will Rogers Downs is closing the total retention lagoon located on the property at 20900 S 4200 Rd, Claremore, OK. Contractor will be responsible for furnishing all materials, equipment and labor necessary for performing all work for removing, loading, drying (?), transporting and disposing of accumulated sludge from the lagoons, covering, and final grading of the lagoons.
The lagoon system is 3.87 total acres of surface area, consisting of three cells. Data is listed in the table below.
Lagoon Average Depth Approximate Sludge Depth Area
North Cell 4.3 feet 8 inches 0.36 acres
Center Cell 4.9 feet 12 inches 1.70 acres
South Cell 4.5 feet 5 inches 1.81 acres
Sludge will need to be removed from the north and center cells. Sludge in the south cell is below the 6 inch threshold for removal (Oklahoma Department of Environmental Quality 252:619-5-1. Closure of total retention lagoons).
Contractor will comply with Oklahoma Department of Environmental (ODEQ) regulations, and any applicable Tribal, Federal, State or Local laws or regulations.
Contractor shall provide a Sludge Disposition Plan to the Oklahoma Department of Environmental Quality (approved by Cherokee Nation Businesses prior to submittal). Plan will include a chemical analysis test of the contents of the sludge. Testing will consist of metals, Class 6 fecal coliform, and paint filter.
Contractor shall transport the material to a permitted land application site or landfill. Contractor shall be responsible for all costs associated with transport, permitting, and disposal of material (?).
After completion, Cherokee Nation Businesses will submit a written certification of closure to the Oklahoma Department of Environmental Quality. If ODEQ does not approve the certification due to any work/or omissions by the contractor, the contractor will be responsible for correcting those items.
Contractor shall be responsible for any damage caused by their operations. All work to be completed by February 1, 2018.
Bids will be due no later than January 11, 2018 and are to be submitted via email to Tina Jones at firstname.lastname@example.org no later than 10:00AM CST. TERO bidders are required to provide a copy of their TERO certificate, front and back, with their bid. Bidders must include a copy of their insurance certificate and it must meet the requirements as outlined on the attached Scope. Bidders can submit bids on their company letterhead. Successful bidder will be required to obtain an Oklahoma Horse Racing Commission (OHRC) license before the work can start.
Please note that winning bid(s) will be published. Cherokee Nation Businesses, LLC (“CNB”) reserves the right to issue one award, multiple awards, or reject all bids; any award is subject to the approval of the required funds. Responding bidders are not allowed to withdraw their bid for a period of 90 days after submittal. At the time of award, the successful bidder(s) will be required to work with the Cherokee Nation Businesses, LLC Accounting department to discuss account coding for invoices. All bids are subject to negotiation prior to award. Awards may be issued without discussion of bid received, and bids should initially be submitted on the most favorable terms from a price and technical standpoint. Any award resulting from this RFP will be subject to CNB Terms and Conditions. Your bid should indicate hourly ($) rate (when applicable), individual work effort, delivery schedule or time of completion. Any item(s) with exceptions, substitutions, exclusions, additions or qualifications must be noted and clearly indicated on return bid. Any request for information concerning bid posting is to be submitted in writing via email to Buyer listed; no verbal communication is to be initiated.
In accordance with Cherokee Nation Law, , 28 C.N.C.A. §20 no contractors or subcontractors of any Cherokee Nation entity may contract with any business owned by a first degree relative of any elected official of the Cherokee Nation.
TRIBAL EMPLOYMENT RIGHTS OFFICE - This procurement is subject to Cherokee Nation Tribal Employment Rights Office (“TERO”) regulations that include a fee of ½ of 1% of total contract award and, if applicable, the completion of a TERO Labor Agreement and payment of associated fees. The successful bidder’s award will be published on the Cherokee Nation’s procurement website and their performance will also be measured, recorded, and reported to the Cherokee Nation. The complete Act is available by contacting the TERO OFFICE at Tahlequah 918-453-5000. TERO bidders are required to provide a copy, front and back, of their TERO certificate with return bid(s) and failure to do so will result in such bidders not receiving the TERO preferences afforded TERO bidders under the CNE procurement and contracting policies and procedures.
INSURANCE - CNB generally requires Worker’s Compensation, Commercial and/or Comprehensive General Liability, and Automobile insurance for all awarded bids. Please refer to the Bid Documents for the specific coverages required for this bid.
DEBARMENT - By submitting a response to this Request for Proposal, the Contractor certifies to the best of their knowledge and belief that the Subcontractor, the firm, or any of its principals are not presently debarred, suspended, or proposed for debarment by any federal, state, local or tribal entity. This certification is a material representation of fact upon which reliance was placed when making award. If it is later determined the Subcontractor rendered an erroneous certification, in addition to other remedies available to CNB or its entities, CNB may terminate the contract resulting from this Request for Proposal for default.