Details - CN Procurements

Procurement #16707

Title: RFB - Total Retention Lagoon Sludge Removal @ WRD - Purchasing Change #4

Status: Archive

OpenDate: 01/04/2018

CloseDate: 01/18/2018

Description: Cherokee Nation Businesses, LLC a wholly owned Tribal company of the Cherokee Nation is seeking bids for Sludge Removal at three(3) lagoons located at Will Rogers Downs at 20900 S. 4200 Rd., Claremore, OK. Cherokee Casino Will Rogers Downs is closing the total retention lagoon located on the propert
Detail: **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 tina.jones@cnent.com 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.

Buyer Contact Information: Name:Tina Jones

Email:tina.jones@cnent.com

Phone:918-384-7802

Entity: Cherokee Nation Entertainment

Awards: Tonto Environmental -- $0.00

Comments: Currently Unavailable -- Comments dated 1/9/18: Water removal is not part of this bid process. It is being completed by the owner. Due to some constraints on the contractors, the Feb. 1 date needs to hold. Location will need to be graded to meet the slight downward slope of the ½ mile practice track, allowing runoff into this area. The banks will be caved in and the area will slightly slope to the NE corner for drainage. There is additional dirt on site that can be used. All contractors need a horse racing license for access if they will be completing more than one day of work. Contact the OK Horse Racing Commission Office for pricing. A closure plan has been completed with the DEQ. The contractor is responsible for a sludge disposition plan. QUESTIONS AND ANSWERS DATED 1/9/18: 1: Can you tell me if there is bid documents that need to be filled out and where they are as I can't seem to come across any? 2: Are you guys looking for total cost for this job or unit price? Total cost. 3: Is there blue prints for the close out and final grading? Is there dirt that needs to be brought in? There is some dirt available on property available, but not to complete the project. 4: What is the time frame for this project? Needs to be completed by 2/1/18; Currently Unavailable -- Question & answers dated 1/10/18: . The chain link fence surrounding the lagoon will have to be removed to perform the work. Will the Contractor be responsible for removing the chain link fence? If so, will the Contractor also be responsible for removing the chain link fence materials from the site or does the facility want to keep those materials. The owner will remove and maintain the fencing. Is there an option to land apply the sludge to land that was owned by Cherokee Entertainment? That is not an option.; Currently Unavailable -- Questions asked and answered on 1/5/18: 1) Please clarify whether the scope of this project is for the complete closure of the lagoon (i.e. removal of liquids, removal of sludge, removal of dikes for use in backfilling cells, final grading, and vegetation). Liquid removal and vegetation are not part of the process. All other items are a part of the contract. 2) Has a closure plan been approved by DEQ or will this have to be provided by the Contractor? Closure Plan was submitted and approved. Contractor is responsible for the Sludge Disposition Plan. 3) Is the “Average Depth” provided in reference to the depth of water? It appears that the water level is 5-6 feet lower than the top of the cell dikes (for the 2 larger cells). Water will be removed prior to sludge removal. 4) What is the Contractor supposed to do with the water? Responsibility of the owner. 7) Have there been any previous tests performed on the sludge for metals? Not that we are aware.