REQUEST FOR BIDS FOR

Storefront and Glazing

For the

Cherokee Nation

Child Development Center

Located in Stilwell, OK

Bid Due Date: 2pm, August 15, 2012

This bid package represents a single scope of work. The following is a list of all anticipated bid packages available for this project:

BP-R059-310600 Earthwork

BP-R059-313116 Termite treatment

BP-R059-321216 Asphalt paving

BP-R059-329000 Landscaping

BP-R059-334000 Site utilities

BP-R059-030100 Concrete

BP-R059-042000 Masonry

BP-R059-050000 Structural steel supply

BP-R059-055000 Light Gauge Metal Trusses

BP-R059-050100 Steel erection

BP-R059-062000 Finish carpentry

BP-R059-072400 Exterior Insulation and Finish System

BP-R059-075000 Roofing

BP-R059-079200 Sealants

BP-R059-081100 Doors supply

BP-R059-084000 Storefront and glazing

BP-R059-093000 Flooring

BP-R059-090600 Drywall

BP-R059-099113 Paint

BP-R059-101400 Signage

BP-R059-105100 Lockers

BP-R059-114000 Kitchen equipment

BP-R059-211300 Fire suppression

BP-R059-221000 Plumbing

BP-R059-230000 HVAC

BP-R059-260000 Electrical

There will be a mandatory Pre-Bid meeting on August 8, 2012 at 10:00 am on site (398 N 8th street, Stilwell OK)

RED STONE

BID REQUEST

Red Stone Construction Services, LLC (Red Stone) is accepting bids from interested parties to provide Storefront and Glazing for the Child Development Center located in Stilwell, Oklahoma. The scope of work and specifications are included in this bid packet.

Interested parties are to provide a bid to furnish all labor, quality control, materials, supplies and supervision to complete the entire project. Interested bidders must follow all directions outlined in this bid packet including the utilization of mandatory bid response sheet to be considered fully responsive.

The lowest most responsive, responsible bid will be the determining factor in awarding this bid taking Indian Preference into consideration. The successful bidder will be issued a subcontract from Red Stone Construction Services LLC.

Bids are due 2pm, August 15, 2012.

MANDATORY SUBMITTAL INFORMATION: Bid submittal requirements must be followed. Each sealed bid must be submitted on the prescribed, required form with all areas completed. If forwarded by mail, the envelope containing the bid and all other required, completed documents must be received on or before due date listed. Bids may be mailed or delivered to Red Stone Attn: Michael Turner, 2738 East 51st St., Ste 140 Tulsa, OK 74105. It is the bidder’s responsibility to ensure delivery of bids by 2pm, August 15, 2012. Any bids received after the designated date and time will be ineligible for award.

Interpretation of the Bid Documents: All questions or requests for interpretation of the bid must be submitted in written format to Red Stone. Requests maybe e-mailed to . Requests may also be faxed to (918) 747-7585, Attention: Michael Turner.

a)To be given consideration, questions and interpretation requests must be received no later than August 9.

b)Any and all such answers and interpretations and any supplemental instructions will be in the form of written addenda to the bid which, if issued, will be communicated in written format to all prospective bidders not later via a posting on the NATION’S website, with bid announcement. Due date for interpretations for this bid shall be August 13. It is the bidder’s responsibility to check for updated information published on the Nation’s website.

c)No answers or interpretation of the bid documents will be made to any bidder orally.

d)Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents.

Bid Acceptance: Bids will be accepted from Indian and Non-Indian bidders. Red Stone reserves the right to reject any and all bids. Red Stone reserves the right to determine if a bid meets stated requirements, and to award a purchase order for the bid that is in the best interest of Red Stone and it’s client including but not limited to the total cost and capability of the bidder. Bidders are responsible for any and all costs associated with the preparation and submission of bids. To be considered, bids must be received by the specified date and time; any bid received after stipulated date and time will be returned unopened. No bidder may withdraw their bid within 30 days after proposal due date.

TERO Certification: Indian preference will be given only to bidders who provide proof of current certification from the Cherokee Nation Tribal Employments Office (TERO) located in Tahlequah, Oklahoma, telephone number (918) 453-5000. Proof of TERO certification must accompany and be included in bid submittal.

TERO Requirements: The Cherokee Nation TERO Office requirements apply including fee of ½ of 1% of contract award. Successful bidder must complete TERO Labor Agreement and pay all applicable fees, including $25.00 per non-Indian employee working on this project. Please refer to Legislative Act 38-05 dated 11-14-2005 repealing and superseding The Cherokee Nation’s law regarding Labor and the Employment Rights Ordinance and Declaring an Emergency; the successful bidder must have fees and all paperwork submitted to TERO for contract to be considered fully executed.

Wage Rate Requirements

All laborers and mechanics employed by contractors and subcontractors shall be paid wages at rates not less than those prevailing on projects of character similar in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act.

Laws and Regulations

The bidder's attention is directed to the fact that all applicable State Laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though written out in full,

Qualifications of Bidder: Red Stone may make such investigations as deemed necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to Red Stone all such information and data for this purpose as Red Stone may request. Red Stone reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy Red Stone such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

Subcontracts: The successful bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must also be acceptable to Red Stone. Any proposed subcontracts must be approved by Red Stone, and the TERO office must be consulted prior to subcontractor being on site to ensure all appropriate forms, paperwork, and approvals are in place. Successful bidder will be required to complete the Request for Acceptance of Subcontractor at time of contract signing if subcontractor to be utilized.

Method of Award – Lowest Bid That Contains Lowest Most Responsive/Reasonable Offer From Qualified Bidder: After consideration of price and other factors, the contract will be awarded to the bidder whose bid is determined to be the lowest most responsive/reasonable offer and in the best interest of the Nation to accept. Award shall be made under unrestricted solicitations to the lowest, most responsive/reasonable bid from a qualified economic enterprise or organization within the maximum total budget price established for the specific project or activity being solicited in accordance with The Cherokee Nation Acquisition Management Policy & Procedures. TERO Preference will be given only to bidders who provide proof of current TERO certification from the Cherokee Nation TribalEmployments Office (TERO). Proof of TERO certification must accompany and be included in sealed bid submittal.

Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters: The responding party certifies to the best of its knowledge and belief that the person, the firm, or any of its principals are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency or Indian tribe. The bidder will also certify they have not, within a three-year period preceding this Request for Proposal, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, Local or Tribal) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commissions of embezzlement, theft, forgery, bribery, falsifications or destruction of records, making false statements, and are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in this provision. The responding party certifies they have not, within a three-year period preceding this Request for Proposal, had one or more contracts terminated for default by a Federal, State, Local or Tribal agency. The responding party shall provide immediate written notice to Red Stone Construction Services if, at any time prior to contract award, the person learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

General Information: Red Stone Construction Services LLC, and the Owner, reserves the right to waive any informalities or to reject any and all bids. Award of purchase order will be to the lowest most responsible responsive bidder and will be subject to availability of funds. Indian preference will be given to Contractors certified as an Indian-Owned firm by the Cherokee Nation Tribal Employment Rights Office (T.E.R.O.). Proof of certification must accompany all bids. No bidder may withdraw their bid within thirty (30) days after bid opening date.

A prospective contractor seeking to receive Indian Preference under this contract must be certified as an Indian-owned firm by the Cherokee Nation Tribal Employment Rights Office (TERO) and submit proof of that certification with their bid.

Drug Free Workplace and Tobacco Free Workplace:

Subcontractors awarded contracts for this project will, within 10 days of award of contract, submit their company safety and substance abuse policy and will ensure that it meets and /or exceeds Red Stone’s Safety policy, OSHA requirements and Red Stone’s substance abuse policy.

Storefront and Glazing

BIDPACKAGE#BP-R059-084000

Project:Cherokee Nation Child Development Center

Location:Stilwell,Oklahoma

DefinitionofTerms

SUBCONTRACTOR=BIDDER

CONSTRUCTIONMANAGER= RED STONE CONSTRUCTION SERVICES LLC(CM)

OWNER= The Cherokee Nation

ARCHITECT=Starr Design Group, Inc.

GeneralProvisions:

1.Thispackageistoinclude,butnotlimitedtothefollowing specificationsections:

1.Division00Requirements

2.Division01Requirements

To include,butnotlimitedtodrawingsand ContractDocumentsaslistedin“Attachment A”, referencedherein.

Proposal shallbeper plansandspecifications.Anyclarificationsor exceptionsshallbenotedonaseparateattachmentwith appropriatecostmodification.

Bidder shall furnish and install all material, equipment, tools, and labor for a full and complete scope of work including but not necessarily limited to:

ScopeSpecificRequirements:

Thisbidpackageisintendedtobeallinclusiveoflabor,material,andequipmentrequiredfor completeinstallation ofthe Storefront and Glazing as specified in the contract documents

1)Furnish and install all entrances and storefronts (Interior & Exterior), automatic entrance/exit doors, glazing, hardware and caulking for the work included in this agreement.

2)Furnish and install exterior storefront system per contract documents

3)Furnish and install aluminum windows per contract documents

4)Subcontractor to provide shop drawings and shall take site measurements for rough opening sizes prior to fabrication.

5)Furnish and install glass and glazing per contract documents including glazing for hollow metal doors and frames

6)Furnish and install all glazing stops and gaskets, brackets and reinforcing, fasteners and accessories, concrete and masonry inserts, concealed flashing and weather stripping per contract documents

7)Furnish and install hardware for aluminum storefront and entrance doors per contract documents

8)All work to be left clean. The final cleaning by Red Stone.

9)All layout and engineering for the work included in this agreement.

10)Seal glazing with sealant per contract documents.

11)Subcontractor must abide by all Storm Water Pollution Prevention Plan (SWPPP) measures required by the local, state and/or federal agencies.

GENERAL REQUIREMENTS

  1. Subcontractor parking and staging must be at locations designated by Red Stone Construction.
  2. This subcontractor will be responsible for his own clean up on a daily basis. In the event that the Subcontractor does not properly and timely clean its debris, the Subcontractor will reimburse Red Stone Construction for costs of performing this work.
  3. Red Stone Construction will provide a standard building permit and pay associated inspection fees. Any other permits, inspection, or re-inspection fees required for the completion of this subcontractor’s scope of work will be paid by this subcontractor.
  4. Red Stone Construction will provide a common dumpster for project trash. Use of the dumpster is contingent on this subcontractor using these facilities in the most efficient manner. This shall include, but not be limited to this subcontractor stacking, breaking-down, bundling, and/or collecting its materials in such a way as to minimize dumpster pulls. Failure to do this will result in this subcontractor losing common dumpster privileges. No bulk debris or debris resulting from Masonry or Demolition operations will be allowed in the common dumpster. Subcontractor is responsible for all sorting of waste and waste management documentation per plans and specifications.
  5. This subcontractor shall perform all necessary mobilizations at no additional cost.
  6. All surveying, layout, all required field measurements, line and grade control work complete. Red Stone Construction to provide building corners and a benchmark one time only.
  7. This subcontractor will coordinate with Red Stone Construction to use staging and storage areas in the most efficient manner.
  8. This subcontractor shall furnish, install, and subsequently remove all general conditions, temporary facilities, staging components, portable lighting, scaffolding, hoisting, conveyance equipment, traffic control devices/measures, and barricades work, etc. required for the commission of its scope of work.
  9. Subcontractor will attend weekly coordination meeting while performing any work on site.
  10. Subcontractor will protect all adjacent surfaces from damage while performing work.
  11. This subcontractor shall perform all penetrations, coring, sleeving, fire sealing, and repairing work required for the commission of its scope of work. All cut lines shall be clean, knife or saw cut lines.
  12. Prior to any excavation activity this Subcontractor is responsible for notifying all utility companies.
  13. This subcontractor shall only employ equipment and materials which is in accordance with the contract documents, local rules/regulations, and Red Stone Construction. Rejection of any equipment, material, or method shall in no way relieve this subcontractor from the proper completion of its scope of work or entitle this subcontractor to additional compensation or time. All equipment must meet the requirements of the local or state Air Pollution Control.
  14. Any work, whether new or existing, installed or disturbed as a result of this subcontractor’s efforts will be made secure and properly supported at the completion of each workday. This includes, but is not limited to any temporary supports, bracing, and staging materials required.
  15. The Subcontractor will provide materials and employee certifications as required in the Contract Documents. Others will employ a qualified Testing Agency to perform Field Testing as outlined in the Contract Documents. This Subcontractor will coordinate its efforts with that of the Testing Agency and will pay for any subsequent testing that may be required as a result of an initial failure (only if failure is a direct result of this subcontractor’s Work.)
  16. Whenever there is a conflict between any of the contract documents, the more stringent or greater quantity shall apply.
  17. Subcontractor acknowledges that the documents referenced in the attached Exhibit A are intended to result in a complete working system. Within its price, this subcontractor has included all costs to render its scope of work complete and to provide a fully functioning and working system, and agrees that all details, sections, elevations, and layouts are subject to final coordination without increasing this subcontract value. (Subcontractor is responsible to fill in “gaps” within its scope of work)
  18. Subcontractor shall exercise extreme caution and provide adequate protection to prevent damage to work in place installed by other trades. Subcontractor shall make good any damage to same at no cost to the Owner or Contractor and with no delay in the construction schedule.
  19. Subcontractor realizes that certain operations will be proceeding along with this work and agrees to coordinate his work to accommodate the other operations in an orderly and timely manner. In the event of a dispute between this Subcontractor and any other subcontractors, Red Stone Construction at its sole discretion will determine responsibility for corrective action. Red Stone Construction’s decision will be binding to all parties at no cost to Red Stone Construction.
  20. Subcontractor is responsible for all traffic control related to the performance of the work in this subcontractor’s scope.
  21. Subcontractor shall provide all necessary shop drawings for approval by the professional of record. Rejection of shop drawings does not relieve subcontractor from maintaining the project schedule.
  22. Subcontractor shall include all necessary taxes, permits and fees associated with the subcontractor’s scope of work
  23. Subcontractor shall include compliance with Cherokee Nation Tribal Employment Rights Office and associated rules and regulations.
  24. Subcontractor shall equip its labor with reflective vests and shall comply with a 100% eye protection program for this site and shall comply with a safety program equal or exceeding safety protocols of OSHA, Red Stone, and The Cherokee Nation.
  25. It is understood and agreed between parties hereto that time is of the essence of this contract, and that said work described in each specific line item in SCHEDULE/DURATIONS, is not completed in the required time limits, Subcontractor will pay Red Stone liquidated damages of $1,000.00 per day. It is being understood between the parties hereto that such sum shall be treated as liquidated damages and not as a penalty, and Red Stone may withhold from the Subcontractors’ compensation such sums as liquidated damages.