Pokagon Band of Potawatomi Indians

Request for Proposals

Request for Proposals Information:
RFP Number: 20170117
RFP Title: Rodgers Lake Lakefront Enhancements
Date Issued: January 30, 2017
Contact Person: Jennifer Kanine
Email Address:

Backup Contact Person: Vic Bogosian
Backup Email:

Proposals Due: February 22, 2017 @ 4:00 PM / Submit Proposals to:
Jennifer Kanine
Natural Resources Director
Physical Address:
Pokagon Band of Potawatomi
Dept. of Natural Resources
58620 Sink Road
Dowagiac, MI 49047
Mailing Address:
32142 Edward Street
Dowagiac, MI 49047

NOTICE: The Pokagon Band of Potawatomi Indians (“Pokagon Band”) requests proposals from individuals and firms (“Candidates”) for RFP #20170117 - Rodgers Lake Lakefront Enhancements project, which involves certain improvements to the waterfront area of Rodgers Lake for recreational amenities including boat launch, swimming area, access for vehicles and trailers, drainage improvements, and restoration.

BACKGROUND: The Pokagon Band is descended from the villages of the Potawatomi Nation, located in the greater St. Joseph River Valley, in what is now northern Indiana and southwestern Michigan. On September 21, 1994, President Clinton signed the Pokagon Band Restoration Act, reaffirming the Pokagon Band’s sovereign status and mandating a ten-county service area for the Pokagon Band in southwest Michigan and northern Indiana. The ten-county service area includes Allegan, Berrien, Cass, and Van Buren Counties in Michigan and Elkhart, Kosciusko, La Porte, Marshall, Starke, and St. Joseph Counties in Indiana. Today, the Pokagon Band has more than 4,500 citizens and is the only tribe to have a recognized service area and Indian country in the State of Indiana. The Pokagon Band’s main government offices are located at its Rodgers Lake complex near Dowagiac, Michigan.

SCHEDULE:

(The below dates are estimates and are subject to change by the Pokagon Band)

Event / Date
RFP Release:
Pre-Bid Meeting
Proposal Responses Due:
Submittal Evaluation Complete:
Announce Apparent Successful Candidate:
Contract in Place:
Begin Construction Window:
End Construction Window: / February 6, 2017
February 17, 2017
February 22, 2017
February 23, 2017
February 23, 2017
March 10, 2017
March 13, 2017
May 20, 2017

The non-mandatory Pre-Bid meeting will be held at the Pokagon Band’s Department of Natural Resources (“DNR”) offices on February 17, 2017 at 2:00 PM. The Contractor shall contact Jennifer Kanine if they wish to inspect the work site prior to bidding.

COMPLETION DATE:

The selected Candidate must initiate the work promptly following written notice from the Pokagon Band. The selected Candidate shall have 28 calendar days to substantially complete all work once the work starts and an additional 7 calendar days for final completion, provided that all work must be completed no later than May 20, 2017, subject to extension as may be permitted under the contract.

QUALIFICATIONS: A proposal must demonstrate to the satisfaction of the Pokagon Band that the Candidate: (1) is capable of fulfilling all requirements of the contract: (2) has a satisfactory performance record; (3) has a satisfactory record of integrity and business ethics; (4) has the necessary organization, experience, accounting and operational controls, and technical skills, including through subcontracting; (5) has the necessary production, construction, and technical equipment and facilities, including through subcontracting; and (6) is otherwise qualified and eligible to receive an award under applicable laws and regulations.

Preference will be afforded in accordance with the Pokagon Band Employment and Contracting Preferences Code (“Preferences Code”), which is available at http://www.pokagonband-nsn.gov/government/codes-and-ordinances.

SUBMITTAL REQUIREMENTS:

Responses to this RFP must include the following:

·  A detailed description of the Candidate’s qualifications.

·  A completed and signed Cost Proposal Form.

·  A schedule stating the number of hours per week and weeks that work will be performed.

·  If applicable, documentation establishing that a Candidate is entitled to preference under the Preferences Code.

NUMBER: A Candidate must submit one (1) complete proposal by the due date and time. The Pokagon Band, at its discretion, may make additional copies of the proposal in connection with evaluating the proposal.

EVALUATION: A joint proposal between two or more candidates may be submitted. The Selection Committee may elect to interview certain Candidates based on its evaluation of proposals. Proposals will be evaluated by the Selection Committee based upon the following criteria:

·  Project cost 50%

·  Qualifications – 25%

·  Successful performance of similar projects with available reference - 25%

REJECTION: The Pokagon Band reserves the right, at its sole discretion, to reject any or all proposals and waive all irregularities and informalities in the submittal and evaluation process.

CHANGES: The Pokagon Band reserves the right, at its sole discretion, to change, cancel or reissue this RFP, including any schedule or addenda, at any time. Changes to this RFP will be made through addenda, which shall become part of the RFP. In the event of any change to this RFP, the Pokagon Band will notify the candidates and identify the change.

CLARIFICATION: The Pokagon Band reserves the right to request that any Candidate clarify its proposal or to supply any additional material deemed necessary to assist in the evaluation of the proposal.

MODIFICATION: No modification to a proposal already received by the Pokagon Band will be considered unless the modification is received prior to the submittal deadline. All modifications must be made in writing, executed and submitted in the same form and manner as the original proposal.

VALIDITY PERIOD: A proposal shall be valid for 60 days following the submission deadline. The proposal will become part of the contract that is executed between the Pokagon Band and the successful candidate.

RESPONSE FORMAT: Proposals must be clear and provide a straightforward, concise statement of the Candidate’s qualifications. Technical literature and elaborate promotional materials, if any, must be submitted separately.

DELIVERY: Proposals must be hand delivered or delivered by US mail or common carrier to the address stated at the top of this RFP. Emailed or faxed proposals will not be accepted.

RESPONSE DATE: Proposals must be submitted no later than 3:30 PM on February 22, 2017. On such date and time, proposals will be read aloud at DNR offices at a meeting open to all Candidates. All proposals and accompanying documentation will become the property of the Pokagon Band and will not be returned. Candidates accept all risk of late or non-delivery of mailed proposals regardless of fault.

SIGNATURES:

An authorized representative of the Candidate must sign the proposal, with the candidate’s address, telephone and email information provided. Unsigned proposals will not be considered. The Pokagon Band reserves the right to request documentation showing the authority of the individual signing the proposal to execute the proposal and contract on behalf of the Candidate. Refusal to provide such information upon request may cause the proposal to be rejected as non-responsive.

CONTRACT AWARD:

The Pokagon Band reserves the right, at its sole discretion, to make an award without further discussion of the submittals. Therefore, a proposal should be initially submitted on the most favorable terms the Candidate can offer. The Candidate selected as the apparently successful Candidate will be expected to enter into a contract for the work in a form and substance substantially similar to the Construction Contract attached to this RFP. The Pokagon Band, at its sole discretion, may elect to make amendments to the Construction Contract before execution upon request of the selected Candidate. If the selected Candidate fails to sign the Construction Contract within any deadline set by the Pokagon Band, then the Pokagon Band may elect to enter into the Construction Contract with the next-highest ranked Candidate.

DISCLAIMER: Final selection on this project rests with the Pokagon Band. The Pokagon Band reserves the right, at its sole discretion, to select the Candidate that in the opinion of the Pokagon Band, has submitted a proposal that is the best value to the Pokagon Band. The Pokagon Band resolves the right, at is sole discretion, to reject any or all proposals at any time for any reason. This RFP does not create any right which is legally enforceable against the Pokagon Band. This RFP does not obligate Pokagon Band to enter into any contract. This RFP does not obligate Pokagon Band to pay any costs incurred by any person in the preparation and submission of any proposal.

QUESTIONS: All questions regarding this RFP shall be directed to Jennifer Kanine via e-mail at or Vic Bogosian via e-mail at . No communication regarding this RFP shall bind the Pokagon Band or create any right which is legally enforceable against the Pokagon Band.

RFP COST PROPOSAL FORM

RFP # 20170117

Rodgers Lake Enhancements

Bid Item # / Description / Total
1 / Base Bid
A1 / Alt 1 – Reduced Swim Area

Signed: ______

Dated: ______

Title: ______

Page 2 of 24

CONSTRUCTION CONTRACT

This Construction Contract (“Contract”) is made effective on the last date of signature below (“Effective Date”) by and between the Pokagon Band of Potawatomi Indians, a federally recognized Indian tribe (“Owner” or “Band”) and ______(“Contractor”), and relates to the Contractor performing certain Work, as defined in Article 1 of this Contract, to construct certain improvements to the Rodgers Lake lakefront (“Project”) in accordance with the Contract Documents.

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and the Contractor agree as follows:

ARTICLE 1

WORK

1.1 Contract Documents. The Contractor acknowledges having reviewed and accepted this Contract and all documents referenced herein or attached hereto, including without limitation, all bid documents, plans, designs, drawings, specifications, addendums and all other contract related documents (“Contract Documents”), which are incorporated into and form a part of this Contract. In the event the Contractor becomes aware of any discrepancy among any of the Contract Documents, the Contractor shall promptly notify the Owner’s Representative who, after consulting with the engineer, shall promptly make a determination in writing. Any decision by the Contractor without such determination shall be at the Contractor’s sole risk.

1.2 Work. The Contractor shall perform everything to be performed to complete the work in strict accordance with this Contract, the Contract Documents and the Total Cost and shall furnish all labor, materials, equipment, supplies, tools, utilities, permits, transportation, bonds, insurance and payments to suppliers and Subcontractors necessary for the performance of such work (“Work”).

1.3 Reliance. The Contractor acknowledges and agrees that the Owner entered into this Contract in reliance on the Contractor’s represented expertise and ability to perform the Work. The Contractor shall use its best efforts, skill, judgment and abilities to perform the Work in strict accordance with this Contract. The Contractor shall supervise, coordinate, and direct the Work and shall be solely responsible for the means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work. No review or approval by Owner shall release the Contractor from any liability, or otherwise diminish any obligation of the Contractor, as the Owner is relying upon the Contractor’s skill and knowledge in regard to the Work. Contractor shall inspect all portions of the Work to ensure that such portions conform to the requirements of the Contract Documents and are ready to receive subsequent Work.

1.4 Subcontractors.

(a) Definition. The term “Subcontractor” means any entity or person that has a contract with Contractor or with a subcontractor of the Contractor to perform any portion of the Work. Unless otherwise specifically provided, the term Subcontractor includes Subcontractors of all tiers.

(b) List. Promptly following the Effective Date, the Contractor shall provide the Owner with a list containing the name, address, telephone number and license number of every Subcontractor. The Owner shall have the right, but not the obligation, of final approval of all Subcontractors and, in its sole discretion, may deem a Subcontractor not qualified to perform the Work.

(c) Subcontract. Any part of the Work performed by a Subcontractor shall be pursuant to a written subcontract. Each such subcontract shall require the Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to Contractor by the terms of the Contract Documents, to assume toward Contractor all the obligations and responsibilities which Contractor assumes towards the Owner under the Contract Documents, and to perform such portion of the Work in accordance with the Contract Documents. Each such subcontract shall preserve and protect the rights of the Owner under the Contract Documents, with respect to the Work to be performed by Subcontractor, so that subcontracting thereof will not prejudice any such rights. Upon the request of the Owner, Contractor shall promptly furnish to the Owner a true, complete, and executed copy of any subcontract.

(d) Supervision. The Contractor shall be solely responsible for ensuring that all Subcontractors are competent, skilled and qualified and that all Work performed by Subcontractors is in accordance with the Contract Documents. Accordingly, the Contractor shall review and coordinate the Work of and among the Subcontractors, including without limitation, resolving any inconsistencies, errors or omissions in the Work and shall at all times maintain good discipline and order among its employees and Subcontractors. The Contractor shall promptly notify the Owner if a Subcontractor violates any obligation or responsibility under the subcontract and, at the direction of the Owner, shall take appropriate action pursuant to the subcontract. The Contractor shall be liable for all acts or omissions of all Subcontractors.

1.5 Materials and Equipment. The Contractor warrants good title to all materials, supplies and equipment incorporated into the Work and agrees to deliver the Work premises together with all improvements free from any claims, liens or charges from the Contractor or any Subcontractor or supplier. All equipment, materials, and articles furnished under this Contract shall be new and of the most suitable grade for the purpose intended, except as otherwise expressly provided in this Contract or authorized by the Owner’s Representative in writing. The Contractor shall obtain the prior written approval of the Owner’s Representative for all machinery and equipment to be incorporated into the Work and, when required by the Owner’s Representative in writing, the Contractor shall obtain such approval for all other material or articles the Contractor contemplates incorporating into the Work. Any machinery, equipment, material or articles which are incorporated into the Work without any required approval shall be incorporated at the risk of subsequent rejection by Owner.