SECTION BID PROPOSAL FORM. Telephone NO: ( ) Facsimile NO: ( ) Oklahoma License NO:

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ISSUE DATE: MARCH 21, 2012 (REVISION 2-08/31/12) PROJECT: CNB BUILDINGS 2 AND 3 CATOOSA, OKLAHOMA OWNER: BID TO: (Mail & Fax) CHEROKEE NATION BUSINESSES 777 WEST CHEROKEE STREET CATOOSA, OKLAHOMA 74015 CHEROKEE NATION BUSINESSES ATTN: CHARLA VARDEMAN 420 SOUTH 145 TH EAST AVENUE TULSA, OKLAHOMA 74108 FAX NO. (918) 266 3984 BID DUE DATE: September 10, 2012 BID FROM: Bidder s Name: Address: Telephone NO: ( ) _ Facsimile NO: ( ) _ Oklahoma License NO: JULY 2012 BID SET SECTION 00300/1

1.0 GENERAL 1.01 The undersigned BIDDER agrees, if this Bid is accepted, to enter into an agreement with the OWNER, in the form stipulated in the Bidding Documents, to perform and furnish the Work pursuant to the Bidding Documents for the Bid Price and within the Bid Times indicated in this Bid and pursuant to the other terms and conditions of the Contract Documents. A. The Bid Price and other Prices, as indicated in this Bid, shall include the total Price for overhead and profit, labor, equipment, state, and local taxes and fees, insurance, permits, and incidentals required to perform the Work. 1.02 In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: A. This Bid will remain subject to acceptance for 30 days after the day of Bid opening. B. The Owner has the right to accept or reject this Bid for a period of 30 days after the day of Bid opening. C. BIDDER will sign and submit the Agreement with the Performance and Payment Bond, and other documents stated in the Bidding Requirements within seven (7) days after the date of OWNER S Notice of Award. D. BIDDER has examined copies of all Bidding Documents. E. BIDDER has visited the site and become familiar with the general, local, and site conditions. F. BIDDER is familiar with federal, state, and local laws and regulations. G. BIDDER has received the following Addenda receipt of which is hereby acknowledged: DATE NUMBER 1.03 Attendance at the Pre-Bid Conference at the project site is mandatory for all BIDDERS. BIDDERS are by invitation only and must be pre-qualified. Minutes of this conference will be taken and distributed to all parties. 1.04 The successful BIDDER shall be required to attend the Pre-Construction Conference at the project site at a date to be determined, at which time all submittals required by the Contract Documents shall be presented and reviewed for approval. Minutes of this conference will be taken and distributed to all parties present at the conference. JULY 2012 BID SET SECTION 00300/2

1.05 Questions regarding the Bidding Documents shall be directed in writing to: Mrs. Charla Vardeman at charla.vardeman@cnent.com 1.06 Questions regarding the Bidding Documents may not be answered if received less than 48 hours prior to time and date established for receipt of bids. All BIDDERS should present BE-CI with an email address of primary contact. Questions regarding the documents presented within 72 hours of the receipt of bids will only be answered via email. Email responses to the questions will be considered addendum required for review prior to bidding. 1.07 TRIBAL EMPLOYMENT RIGHTS OFFICE - Tribal Employment Rights Office, TERO, 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 per non-indian employee working on this project. Please refer to Cherokee Nation Legislative Act 38-05 dated 11/14/06 repealing and superseding Cherokee Nation law regarding Labor and Employment Rights Ordinance and Declaring an Emergency. 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). 1.08 In Addition to all other information required for submission in this Bid Form. The contractor should also submit, with this form, a letter from Dryvit stating that they are approved to install the Outsulation Plus MD system and that they are in good standing with the manufacturer. 2.0 SCOPE OF WORK BIDDER will complete the Work for the Base Bid described herein pursuant to the Contract Documents for the Lump Sum Bid Price stipulated herein. BIDDER must also submit a Price for each of the Unit Costs as well. The quantity allowance indicated for each work activity where an allowance is referenced below will be audited as the work progresses and the Base Bids will be adjusted up or down based on the actual quantity used and its corresponding unit cost bid. Quantities and dimensions on the Drawings must be verified by the Bidder. 2.01 BASE BID: The following scope of work pertains to completely removing and replacing all existing sealants on the project and removing and replacing all existing EIFS cladding and sheathing. The scope of work also includes removing and replacing the southeast low slope metal roof system on Building 3 in a watertight manner coordinating removal of roof top equipment and re-location of existing roof penetrations. Finally, removal and replacement of all gutters and window restoration as required by the Engineer is required under this base bid. Provide all Permits, Licenses and Fees, as well as compliance with all regulatory Ordnances and Inspections that are required to perform proposed Work. Provide all necessary Insurance required for this project including Oklahoma Workman s Compensation and General Liability Insurance. List the Client, Owner, and Engineer as an additional insured party to the policy with a 30-day notice of any changes or cancellations to the policy. This is not-negotiable and is an absolute requirement for bidding this project. JULY 2012 BID SET SECTION 00300/3

Provide all safety barriers and enforce all OSHA rules concerning construction and project safety. Provide all tools and equipment (i.e. Cranes, material hoist, pumps, swing stages, scaffolding) required to properly perform the work. Protect surrounding areas and existing areas within the property not included during construction along with daily cleanup of all debris. A. Contractors are responsible for surveying all surrounding work areas and report any preexisting damage to adjacent surfaces to the Engineer and Owner s representative in writing prior to commencing work. Provide all selective demolition as outlined in Section 01732 of the BE-CI specifications for this project. B. The Contractor shall be responsible for removing and replacing any landscaping that may interfere with the work. Any and all damages to the landscaping shall be the responsibility of the contractor to replace with like and kind. C. The Contractor shall be responsible for complying with the Owner s contractual requirements for use of the facility as follows: Contractor shall continuously maintain adequate protection for all his Work from damage and shall protect Owner's property, and the property and persons of others, from injury or loss arising in connection with this Contract. Contractor shall comply and shall cause all his employees to comply with all Owner's rules and regulations on fires and safety at the place of Work. Contractor shall keep the Work site free from accumulation of waste materials, rubbish, and other debris resulting from the Work. At the completion of the Work, Contractor shall remove all waste materials, rubbish and debris from the Work site, as well as all tools, construction equipment, and machinery and surplus materials, and shall leave the Work site clean and ready for its intended use. Contractor shall restore to its original condition those portions of the Work site not designated for alteration by this Contract. Other specific site access requirements will be discussed at the pre-bid meeting and these requirements will be added as addendum required for review prior to bid. D. The first portion of the work is the removal of the existing EIFS cladding and any damaged gypsum sheathing or metal stud framing encountered. For the purposes of the Base Bid, an Allowance of 2500 SF should be included for gypsum sheathing replacement and repair and an allowance of 500 LF of metal stud framing replacement should also be included. The amount of EIFS and sheathing removed on a daily basis should be no more than can be covered with the new water resistive barrier (WRB) and made water tight within the same day. Reference specifications Section 01732. E. After removal of the EIFS cladding and gypsum sheathing, install new sheathing in accordance with specifications Section 06164 and manufacturer requirements. Install Backstop NT WRB over the new sheathing, taking care to ensure that the WRB is continuous and fully sealed to and integrated with all penetrations through the sheathing including but not limited to: windows, doors, electrical penetrations, awning penetrations, vents, etc. Additionally, the contractor shall form and install all required base of wall flashings to integrate the cladding system with surrounding concrete slabs and finished grade. Per Section 00300.2.01.F, the Engineer shall inspect the integration of the WRB with all sheathing penetrations prior to installation of EIFS. Reference specifications Section 07245, the BE-CI details, and manufacturer requirements for more information. JULY 2012 BID SET SECTION 00300/4

F. Prior to the installation of new EIFS the Engineer shall inspect all areas of installed Backstop NT weather resistive barrier, its integration with wall penetrations, windows, and grade transition flashings. The inspection shall not slow the progress of the work and should be performed during the drying period required by the manufacturer. In order to facilitate this inspection without a delay in the schedule, the contractor is required to notify the Engineer via email a minimum of one (1) week prior to the anticipated cladding installation date. G. Once the Backstop NT WRB has been installed and inspected, the contractor shall install new EIFS over the exterior sheathing. The new EIFS should be integrated with the existing cladding with reinforcing mesh fully encapsulated in base coat. Where specified, the new EIFS should be integrated with the drainage track as required by the manufacturer, BE-CI details, and the specifications. Reference specifications Section 07245, BE-CI details, and manufacturer requirements for more information. H. Next install primers and sealants in accordance with Section 07920, BE-CI details, and manufacturer requirements. Use correct size and type of backer rod where possible or appropriate bond breaker material where backer rod cannot be used. Skim coating over existing sealants in any fashion will not be permitted. A primer is required prior to applying new materials. After the installation of sealant, the contractor shall install the finish coat over the new EIFS cladding. Reference Sections 07920 and 07245, BE-CI details, and manufacturer requirements for more information. I. After the cladding restoration, the contractor shall install wet glazing at all windows including metal to metal window joints in accordance with Specification Section 07920. In the process of wet glazing the window, the contractor shall pay close attention to BE-CI detail 1/A-6. Ensure that the sill extender is in place prior to installing the sill sealant bead. Reference specification Section 07920 and the BE-CI details and manufacturer s requirements. J. Along the eaves of Buildings 2 and 3 are existing roof gutters and downspouts. As part of the Base Bid, the contractor shall remove the gutter, inspect the eave portion of the roof system to determine if it is installed in accordance with manufacturer s requirements. If the eave areas are not installed per manufacturer s installation instruction then they should be removed and replaced. For the purposes of the Base Bid an allowance of 500 LF should be included for eave repairs. After any necessary eave repairs, the contractor shall install a new seamless gutter in accordance with the BE-CI drawings and details. Reference specification Section 07410, the BE-CI details, and manufacturer s requirements. K. At the southeast corner of Building 3 there is a low slope portion of the metal roof. As portion of the Base Bid, the contractor shall remove and replace this roof area in accordance with the BE-CI drawings, details, manufacturer s installation instructions, and Section 07410. As part of removing and replacing the roof area, coordinate with CNE to ensure that all un-necessary equipment is removed and any new equipment is installed or located prior to installation of the new metal roof panels. JULY 2012 BID SET SECTION 00300/5

L. This project will require a payment and performance bond. Please include the cost of the bond in the lump sum price for the base bid. Payment and Performance Bond must be by an A-Rated bonding company and a certification that the contractor is able to bond the project from the bonding company will be required to be submitted with the bid along with all pertinent and contact information from the A-Rated bonding company. LUMP SUM BID OF $,. for BASE BID NO. 1; M. The following cost figures should be breakdowns of items ALREADY INCLUDED in the base bid. LUMP SUM BID OF $,. for Roof Replacement Work on Building 3; LUMP SUM BID OF $,. for ½ of 1% TERO FEE; LUMP SUM BID OF $,. for Per Worker Per Day TERO FEE; LUMP SUM BID OF $,. for Gutter Replacement on Both Buildings; 3.0 ALTERNATES 3.01 ALTERNATE NO. 1: PERFORM SITE GRADING AND DRAINAGE REPAIRS Quote the cost to be added or deducted from the Base Bid if the contractor will perform the requested site grading and drainage improvements required by CNE. The specifics of these repairs will be discussed in detail at the pre-bid meeting, but general scope will include: Reducing height of grade to create 6 offset between finished grade and bottom of the new cladding system, ensure positive drainage away from the building, provide trench drains at Building 2 east elevation doors, installation of a concrete knee wall outside of Building 2 to act as a berm. ADD / DEDUCT THE SUM BID OF $,. for Removing and Replacing Existing Shrubs and Plants in ALTERNATE NO. 1; ADD / DEDUCT THE SUM BID OF $,. for ALL OTHER grading modification work included in ALTERNATE NO. 1; JULY 2012 BID SET SECTION 00300/6

3.01 ALTERNATE NO. 2: NO NEW STRUCTURAL DECK AND BUILDING 3 ROOF Quote the cost to be added or deducted from the Base Bid if the contractor is NOT to include a new waterproofed structural deck over the new roof on the southeast corner of Building 3. Instead the roof should be installed over the existing structure and perlins. ADD / DEDUCT THE SUM BID OF $,. for ALTERNATE NO. 2; 4.0 UNIT COSTS It shall be understood the Unit Costs quoted herein will be used to adjust the Contract Allowances within the Base Bid or Alternate, upward or downward as actual usage dictates. The term Cost is considered to include Contractor s total price for overhead and profit, labor, equipment, state and local taxes, insurance, permits and any incidentals required to perform the work. The assumed allowances are considered to be part of the Base Bid and Final allowance figures will be adjusted according to actual usage and unit cost pricing 4.01 UNIT COST NO. 1: GYPSUM SHEATHING REPLACEMENT Quote the amount to be added or deducted from Base Bid to remove and replace 1 SF of gypsum sheathing. 1. Add or Deduct the Sum of: $. /LF 4.02 UNIT COST NO. 2: METAL STUD FRAMING REPLACEMENT Quote the amount to be added or deducted from Base Bid to remove and replace 1 LF of metal stud framing. 1. Add or Deduct the Sum of: $. /LF 4.03 UNIT COST NO. 3: NEW SEALANT Quote the amount to be added or deducted from Base Bid to install 1 LF of new sealant 1. Add or Deduct the Sum of: $. /LF 4.04 UNIT COST NO. 4: METAL ROOF EAVE REPAIR Quote the amount to be added or deducted from Base Bid to install 1 LF of new eave flashing at the metal roofs. This unit cost shall include all associated labor, materials, and underlying flashing modification necessary to achieve the standards in the drawings and specifications. 1. Add or Deduct the Sum of: $. /LF JULY 2012 BID SET SECTION 00300/7

4.05 UNIT COST NO. 5: TIME AND MATERIAL Quote the amount to add or deduct for time and material work that may not be covered under the previous Base Bid, Alternates or Unit Costs. Provide an hourly rate for both an unskilled and skilled worker. Also provide a contractor mark-up for overhead, management and profit. All material will be based on actual cost provided by proper documentation. All receipts must indicate delivery site and date. Add or Deduct the Sum of: For Skilled Labor For Unskilled Labor Contractor Mark-up $. /Hour $. /Hour. Percent 5.0 TIME OF COMPLETION BIDDER agrees that, upon receipt of the Notice to Proceed, the Work will be substantially complete and ready for final payment pursuant to the Conditions of the Contract on or before the dates or within the number of calendar days indicated in the Agreement. 5.01 For Base Bid DAYS 5.02 For Alternate No. 1 DAYS. 6.0 PAYMENT AND PERFORMANCE BONDS 6.01 BIDDER agrees to furnish a Performance Bond with a Labor and Material Payment Bond covering the full Contract Price, pursuant to the Contract Documents: Percentage of Contract Price: % 7.0 ACCEPTANCE 7.01 The form of Agreement shall be Cherokee Nation Businesses standard Contract Agreement attached to this Bid Proposal Form. 7.02 The Owner reserves the right to not disclose the Bid Prices. 7.03 Contractor agrees to hold prices for thirty (30) days. Owner reserves the right to accept or reject this proposal for a period of thirty (30) days from the Bid Due Date. JULY 2012 BID SET SECTION 00300/8

8.0 DISCLOSURES 8.01 BIDDER is required to list below all major subcontractors whose Prices are incorporated in the Bid Price. Generally trades listed should be those involving major money amounts or special technical items. In none used, write None. If the bidder does not list any subcontractors on the bid form that perform work on this project, any unapproved subcontractor who attempts to work on the project will be removed from the job and the bidder will have to go through the necessary approval procedures. Trade Subcontractor Submitted On:, 20 By: (Seal) Firm Name: Name of Person Authorized to Sign: Business Address: Telephone No.: END OF SECTION 00300 JULY 2012 BID SET SECTION 00300/9