REQUEST FOR PROPOSAL 2024 Kayenta Recreation Playground Surfacing (Fall Protection)

REQUEST FOR PROPOSAL

2024 Kayenta Recreation Playground

Surfacing (Fall Protection)

KAYENTA TOWNSHIP

KAYENTA, ARIZONA

PREPARED BY:

KAYENTA TOWNSHIP

I. INTRODUCTION AND BACKGROUND

A. The Kayenta Township Commission (“Commission”) is the governing body of the Kayenta Township (“Township”). The Township is a home rule municipality and political subdivision of the Navajo Nation located in the north central part of the Navajo Nation Reservation. The Commission has the “duty, authority, and responsibility to perform all functions necessary for local self-government,” consistent with applicable Navajo and federal law. 2 N.N.C. §§ 4083, 4084. The Commission and Township have governance authority over Navajo Nation trust lands withdrawn for the Township by the Navajo Nation Council, including lands zoned by the Commission for commercial development. The Township contains a significant commercial
corridor at the conjunction of Highways 160 and 163, that has been upgraded with landscaping.

B. The Township is issuing this Request for Proposals (“RFP”) to solicit proposals from qualified and interested contractors (“Proposer” or “Contractor”) to provide professional
installation of playground fall protection at the Kayenta Recreation Park. The Township anticipates entering into a contract with the selected Contractor for the duration of the
installation. Any final contract will be terminable by the parties in accordance with the contract terms. The complete Scope of Work is set forth in Section III, below.

II. TOWNSHIP CONTACT PERSON:
All inquiries concerning this RFP should be directed to:
Jarvis Williams, Town Manager
Kayenta Township
RE: Playground Surfacing Installation RFP
P.O. Box 1490
Kayenta, Arizona 86033
Telephone: (928) 697-8451
Fax: (928) 697-8461
Email: jwilliams@kayentatownship-nsn.gov
III. SCOPE OF WORK/SERVICES
1. Provide and install temporary fencing for two playground locations
2. Remove and dispose of 6,924 sq. feet of existing 2’x2’x2’ rubber tiles, including
preparation of concrete for subface installation
3. Provide and install 1360 sq. feet of 2” select TPV pour in place rubber system,
(50% black and 50% standard color)
4. Provide and Install 4900 sq. feet of 3.5” select TPV pour in place rubber system,
(50% black and 50% standard color)
5. Provide and Install 400 sq. feet of 5” select TPV pour in place rubber system, (50%
black and 50% standard color)
6. Provide and Install 264 sq. feet of 3” select TPV pour in place rubber system, (50%
black and 50% standard color)
7. All cost for installation cost for rural location.

IV. MINIMUM QUALIFICATIONS
To be deemed minimally qualified for selection, a Proposer must meet the following minimum qualifications, as substantiated in Proposer’s Proposal and affirmed by Proposer’s professional references, and as determined by the Township in its sole discretion:
• Previous experience in providing and installing playground fall protection.
V. NAVAJO NATION BUSINESS OPPORTUNITY ACT
This RFP is subject to the requirements of the Navajo Nation Business Opportunity Act, 5 N.N.C. § 201 et seq. (“NBOA”). The Township reserves the right to require all contractors
claiming Priority #2 status under the NBOA based on a joint venture or similar relationship with a Navajo Tribal Member to submit under penalty of perjury notarized certifications, with
supporting documentation, including without limitation any written agreements of the parties, that more than 50% of the profits of the joint entity are going to the Navajo Tribal Member and that
the Navajo Tribal Member has sole control of the joint entity.
VI. TIMETABLE
The following solicitation and contract schedule is contemplated by the Township. The
submission deadline is mandatory:

VII. PROPOSAL CONTENT AND ORGANIZATION
A. Proposal Contents. Each proposal shall contain the following (Note: Proposers
should specifically flag any of the following requirements they believe are not applicable to the
RFP in the Table of Contents (e.g., “N/A”). Proposers should also clearly mark any materials that
are proprietary or confidential):
1. Transmittal Letter. The transmittal letter should include the name, title,
address, phone number, and original signature of an individual with authority to negotiate on
behalf of and to contractually bind the Proposer to a firm offer, and who may be contacted during
the period of proposal evaluation. Only one transmittal letter needs to be prepared to accompany
all copies of the proposal.
2. Cover Page. The cover page should include Proposer information and RFP
date.
3. Table of Contents. A listing of the major sections in the proposal and the
Page 4 of 8
associated page numbers.
4. Statement of Fees and Other Costs or Charges. The Proposer shall provide
a statement of all fees and other costs or charges of the Proposer for the Scope of Work as set forth
herein. The Proposer shall include transportation costs and applicable Township taxes (the
Township’s Business Sales Tax is currently at 7%). The Statement of Fees and Costs must be
separately bound and sealed from the rest of the Proposal.
5. Introduction. In this section, the Proposer should demonstrate an adequate
understanding of the Proposer’s role and relationship with the Commission and the Township.
6. Technical Approach. This should include:
a. A brief description of the Proposer, including the year the contractor was
established in business, type of organization (partnership, corporation,
etc.), and any variation in size over the last five years, along with a
statement of the firm’s qualifications for performing the Services/Scope
of Work.
b. A brief description of the Proposer’s experience with similar
organizations and similar Services.
c. An organizational chart depicting the individuals or team proposed, a
summary of their qualifications including requisite certifications, as
applicable, and experience of each member proposed to provide the
Services.
7. Professionals and Staff. The Proposal must describe the qualifications and
experience of each professional who will participate in the project.
8. Proposer Qualifications and References. The Proposal must include a list
of at least three professional references for similar work. References should include client contact
names, addresses, and phone numbers, descriptions of the type of work performed, approximate
dates on which the work was completed and professional staff who performed the work. Prior
work history must demonstrate satisfactory completion of work.
9. Stock ownership/private company owner listing, as applicable.
10. Navajo Nation Preference Certificate, if applicable.
11. Statement that Proposer has any required business licenses, certificates,
government filings, etc., as applicable.
12. Current W-9.
13. Statement that Proposer is in compliance with all applicable laws and
regulations of the Navajo Nation and Township.
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B. Number of Copies. The Proposer must provide three (3) bound copies and one (1)
electronic copy of all submittals in response to this RFP.
C. Sealed Proposal/Separate Qualifications and Statement of Fees and Costs. All
Proposal packages shall be sealed, and shall indicate on the outside of the package the Proposer’s
Name, Address, and whether the Proposer is on the most recent Source List of Certified Navajo
Businesses published by the Navajo Nation Business Regulatory Department, and, if so, whether
submitter is Priority #1 or #2, as follows:
1. “DO NOT OPEN-RFP DATED [MONTH] [DATE] [YEAR] SEALED
PROPOSAL”
2. Proposer’s Name, Address, and Navajo Nation Priority Status, if any.
3. MAILED TO or DELIVERY TO information.
Each sealed Proposal shall contain a separate sealed Statement of Fees and Costs within the
Proposal, which shall only be opened after determination by the Selection Committee that
the Proposer meets the minimum qualifications of the RFP. Failure to separate the
Statement of Fees and Costs may result in automatic rejection of the Proposal as nonresponsive.
D. Submittal. The Proposal shall not be accepted via email and shall be delivered via
U.S. Mail or courier and received by the Township no later than 4:00 p.m. MST on August 26,
2024 to:
MAIL TO: Kayenta Township
Attn: Jarvis Williams, Town Manager
P.O. Box 1490
Kayenta, Arizona 86033
DELIVER (VIA COURIER) TO:
Kayenta Township
Attn: Jarvis Williams, Town Manager
¼ mile North US Hwy 163
Kayenta, AZ 86033
The Township is located in a rural area and Proposers should be aware that delivery may be
delayed.
E. Selection of Contractor. The Contractor shall be selected by the Selection
Committee, with final approval by the Town Manager, in accordance with the NBOA and the
Township’s procurement policies, as applicable, and as otherwise set forth herein.
VIII. GENERAL CONDITIONS
A. Limitations. This RFP does not commit the Township to award a contract, to pay any
costs incurred in the preparation of the contract in response to this request, or to procure or contract
for services. The Township expressly reserves the right to assess qualifications of a Proposer, reject
any and all proposals or to waive any irregularity or information in any proposal or in the RFP
procedure and to be the sole judge of the responsibility of any Proposer and of the suitability of
the materials and/or services to be rendered. The Township reserves the right to withdraw this RFP
at any time without prior notice, to modify, at any time, the scope of work for the project, and to
modify the RFP and project schedule described above. The Township is the only office authorized
to make copies, distribute, withdraw, cancel, amend, and release materials related to the RFP
package.
B. Award. The Township may ask RFP finalists to present oral presentations regarding
their firms and any special expertise in the necessary areas. All finalists may be required to
participate in negotiations and submit such price, technical, or other revisions of their proposals as
may result from negotiations. The Township also reserves the right to award the contract without
discussion, based upon the initial proposals. Accordingly, each initial proposal should be submitted
on the most favorable terms from a price and a technical viewpoint.
C. Modifications to RFP Requirements. Any changes to the RFP requirements will be
made by written addenda by the Township and shall be considered part of the RFP. Upon issuance,
such addenda shall be incorporated in the RFP documents, and shall prevail over inconsistent
provisions of earlier issued documentation.
D. Verbal Agreement or Conversation. No prior, current, or post award verbal
conversations or agreement(s) with any officer, agent, or employee of the Commission or the
Township shall affect or modify any terms or obligations of the RFP, or any contract resulting
from this RFP.
E. Pre-contractual Expenses. Pre-contractual expenses, which are not chargeable to the
Township, are defined as expenses incurred by Proposers including the selected firm in: preparing
proposals in response to this RFP; submitting proposals to the Township; negotiations with the
Township on any matter related to proposals; other expenses incurred by a Proposer prior to the
date of award of any contract. In any event, the Township shall not be liable for any pre-contractual
expenses incurred by any Proposer including the selected firm. Proposers shall not include any
such expenses as part of the price proposed in response to this RFP. By submitting a proposal, the
Proposer agrees that the Commission and Township shall be indemnified and held harmless and
free from any and all liability, claims, or expenses whatsoever incurred by, or on behalf of, any
Proposer responding to this RFP, including its agents.
F. Signature Authority and Firm Offer. Each proposal shall provide the name, title,
address and telephone number of an individual with authority to bind the Proposer and who also
may be contacted during the period of proposal evaluation. The cover letter for each proposal shall
be signed by an official authorized to bind the Proposer and shall contain a statement to the effect
that the proposal is a firm offer for at least a sixty (60) day period.
G. Term. It is anticipated that the final Contract for Services shall be for the duration of
the Rodeo Event. Any final contract will be terminable by the Township in accordance with its
provisions.
H. Compliance with Law. Proposers will comply with all applicable Township, Navajo
Nation, and federal ordinances, laws and regulations, including procurement laws and regulations.
No bribes, gratuities or kickbacks related to the RFP are allowed. Violations will be submitted to
the appropriate agency for investigation.
I. Ownership of RFP Materials. All documents and materials submitted to the Township
are the property of the Township. Material will be kept or destroyed in accordance with applicable
policies.
J. Investigation of Proposers. In its discretion and as deemed necessary and reasonable,
the Township may make inquiries and investigations of Proposers. Requests for additional
information, documents, or materials by the Township shall be submitted in a timely manner or
the Proposal will be considered unresponsive.
K. Subcontractors. The use of subcontractors for this event is permitted.
L. Confidential or Proprietary Information. Any materials submitted by Proposers that
a Proposer deems to be proprietary or confidential shall be clearly marked as such to facilitate its
protection pursuant to the Navajo Nation Privacy Act. The Township will take reasonable
precautions to protect any such materials from public disclosure.
M. Final Contract for Services. The Township is a sophisticated governmental
subdivision of the Navajo Nation. The final Contract for Services shall be a form of standard
contract provided by the Township that will contain standard clauses requiring, e.g., Contractor to
carry industry standard insurance at limits set by the Township, Contractor’s indemnification of
the Township and Commission (the Township and Commission will not indemnify Contractor),
compliance with and agreement to application of the laws and ordinances and the regulatory and
judicial jurisdiction of the Township and Navajo Nation, limitations on performance based on
availability of appropriations, and other standard provisions to protect the public fisc. The
Township shall not use a form of contract submitted by the selected Contractor.
N. Sovereign Immunity. The Commission and the Township do not waive, and
nothing in this RFP or in any final Contract for Services shall be construed as a waiver, of the
sovereign immunity of the Commission or Township