**CHANGE ORDER #1, DATED 2/15/18, IS TO CLARIFY THAT THIS RFP IS FOR PEER REVIEW AND SYSTEMS INSPECTIONS ONLY AND DOES NOT INCLUDE COMMISSIONING**
CNE (“Owner”) is requesting a proposal to secure an independent third party review consultant for the Hard Rock Casino located in Catoosa, Oklahoma (“Project”). The reviewer will serve in a capacity for CNE (Owner) free of conflict from the design and construction activities of the project. The Owner is committed to have third party review for its facility to systematically optimize the building Structural systems so that they operate efficiently and effectively in accordance with the Owners Project Requirements and applicable laws and regulations, and that the facilities staff has adequate system documentation and training. It is the intent of the Owner to ensure that the fundamental systems are operating and installed as required to deliver functional and efficient performance. The third party reviewer will review, inspect, and report on the design and construction activities of the new clinic. The third party reviewer will submit deliverable reports to Owner according to a project schedule set by consulting team and agreed upon by Owner. The third party reviewer will contract with and perform services directly on behalf of the Owner.
The project involves the demolition and rebuild of Casino 4 in Catoosa, Oklahoma with an approximate total square footage of 65,000 square feet of gaming, entertainment, multi-purpose room and BOH space.
The Casino is a 2 story Structural Steel, bar joist and deck construction. The design is in process and being developed. Construction is to start in April 2018 and be 100% completed February 2019.
RESPONSIBILITIES OF THE THIRD PARTY REVIEWER
The primary role of the third party reviewer is to develop, coordinate, and execute a design and construction review plan, review design documents, provide design comments and document construction of the facility in accordance with the Contract Documents and applicable laws and regulations. Responsibilities of the third party reviewer are as outlined below:
1) Document the Owner's criteria for the Mechanical and Plumbing system function, performance.
2) Ensure compliance with the most current applicable state laws and regulations.
3) Review LEED commissioning specifications as applicable.
4) Verify and document compliance with Owner's criteria throughout the construction and determine whether systems are functioning in accordance with Contract Documents and applicable laws and regulations.
5) To be involved throughout the project from design, construction.
6) To provide documented confirmation that the facility fulfills the functional and performance requirements of the building Owner, occupants, operators and the design plans and specifications.
7) Ensure contractor provides complete operation and a maintenance (O&M) manual for the building operators, to ensure the building continues to operate as intended.
8) To be available for problem solving and/or resolution of non-conformance issues of deficiencies. The third party reviewer is not responsible for design concept, design criteria, compliance with codes, design or general construction scheduling, cost estimating, or construction management.
SCOPE OF SERVICES
SEE ATTACHED BID DOCUMENTS AND SCOPE ATTACHED UNDER THE DOCUMENTS SECTION OF THIS BID POSTING
Please note that winning bid(s) will be published. Cherokee Nation Entertainment, LLC (“CNE”) 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 Entertainment, 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 CNE 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.
CHEROKEE NATION GAMING COMMISSION (CNGC) - This requirement may be subject to CNGC policies and procedures. Licensing requirements may be required of the successful vendor(s) to be coordinated with the CNGC. These requirements may include licensing fees as well security and background checks of vendor(s) employees. Current policies and procedures can be found on the Cherokee Nation website or by contacting the CNGC office at 918-207-3834.
BONDING NOTICE - CNE generally requires payment and performance bonds for all construction contracts in excess of $100,000. However, qualified TERO-certified firms are encouraged to bid, regardless of bonding capability.
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 CNE or its entities, CNE may terminate the contract resulting from this Request for Proposal for default.