Bonner Springs Housing Authority Request for Proposals Turnover Painting Services

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1 Bonner Springs Housing Authority Request for Proposals Turnover Painting Services The Bonner Springs Housing Authority (BSHA) will accept Request for Proposals (RFP) for turnover painting services to assist BSHA to complete the turnover process in a more timely fashion. It is the intent of BSHA to enter into a two (2) year service agreement that will be accessed based on BSHA s needs for turnover painting services. All Proposers must submit their response in a sealed envelope. BSHA will not accept faxed or electronic responses. BSHA must receive proposals by the due date of September 13, 2013 no later than 3:00 p.m. Please mark the outside envelope with BSHA Turnover Painting Services RFP Submittal. Pre-bid Meeting/View Units: Proposal Due Date/Time: Deliver RFP Responses To: September 9, :00 p.m. 420 N Park Avenue Bonner Springs, KS September 13, :00 p.m. 420 North Park Avenue Bonner Springs, KS Bonner Springs Housing Authority 420 North Park Avenue Bonner Springs, KS Attn: Krista Gentry Direct all questions for this RFP in written form to: Krista Gentry, Executive Director, bonnerha@bonnersprings.org or call BSHA reserves the right to reject any item in the proposal, to reject any and all proposals, to waive any informality herein and to cancel the RFP.

2 I. Introduction The Bonner Springs Housing Authority (BSHA) owns and operates 50 units of public housing within 5 separate buildings. The public housing program provides affordable rental options for low-income families and is primarily funded by the U.S. Department of Housing and Urban Development (HUD). BSHA is interested in contracting with a qualified contractor to help expedite the vacancy turnover process. The painting project may range in complexity based on the condition the previous tenant left the unit, the overall age of the unit, and the size and layout of the unit. II. III. Term Once a contractor is selected and all required submittals are received by BSHA, an agreement will be executed which may remain in effect for a term of up to two (2) years from contract execution. Scope of Work Contractor is to provide all materials, labor and equipment to produce painted finished surfaces as described in this document and pointed out during the mandatory pre-bid site visit. The services rendered under the agreement will include: 1. Surface preparation to include: patching holes, scraping, sanding and priming; 2. Clean all surfaces of dirt, grease, oil, cigarette smoke or any other substance that would be detrimental to the bonding of the primer/paint. 3. Caulk all gaps between trim and walls including base, window trim and cabinets; 4. Cover all removable stationary items which are not to be painted and provide surface protection; 5. Paint all interior painted surfaces to include ceilings, trim and walls; 6. Remove spilled, splashed or splattered paint from non-painted surfaces. All surfaces to be painted should be clean, dry and smooth. Final product shall be uniform, of color and free from defective brushing, spraying or rolling. 7. Waste materials shall be removed from the site daily. Disposal of waste materials shall be done in a legal manner. Paint product shall be of equal quality or greater and of equal color to: Valspar Ultra Interior Paint + Primer Semi-Gloss Ultra White Base A Custom Color: 5 Gallon Y14, *Most units were previously painted with Benjamin Moore paint, color OC-33. Lowes matched the above color to the previously used Benjamin Moore product. All primers must be compatible to applied surfaces.

3 Units may become available randomly throughout the year. Contractor must be able to complete the turnover painting within two weeks or 14 days of notice to the contractor. Locations to be painted are all located within the Bonner Springs city limits and may include: 420 N Park Avenue N Park Avenue N Park Avenue Highview Highview Insley Unit sizes include: Bedrooms Approximate Unit Size (Sq. Ft.) IV. Compensation The cost of turnover painting services for a specific unit will be determined based on the contractor s proposed hourly rate and the negotiated estimate of hours required for the specific tasks identified in Section III. Because this is a HUD funded project, minimum wages to be paid must be in compliance with HUD Form and 5370-C Section II which are incorporated into this RFP by attachment. Proposals shall not include sales tax as BSHA is exempt from sales tax on any goods or services. V. General Terms and Conditions 1. Cost of Preparation: The Proposer assumes all cost of preparation of the proposal to include costs associated with attending the pre-bid site meeting. 2. Debarment: Submission of a signed proposal in response to this solicitation is certification that your firm (or any subcontractor) is not currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded

4 from participation in this transaction by any State or Federal department or agency. 3. Proposal Validity: Unless specified otherwise, all proposals shall be valid for 90 days from the due date of the proposal. 4. Contract Documents: If a separate contract is not written, the Contract entered into by the parties shall consist of the RFP, the signed proposal submitted by the contractor, the specifications to include all modifications thereof and a purchase order or letter of agreement signed by the Executive Director, City Manager and/or Finance Director. 5. Liquidated Damages: For each and every day past the 14 day completion deadline, the Contractor will pay BSHA 1%. The 1% will be deducted from the invoice upon payment by BSHA to the Contractor. 6. Termination for Cause and for Conveniences: (a) BSHA may terminate this contract in whole, or from time to time in part, for the BSHA s convenience or the failure of the Contractor to fulfill the contract obligations. BSHA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent and effective date of the termination. Upon receipt of the notice, the Contractor shall: (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the BSHA all information, reports, papers and other materials accumulated or generated in performing the contract, whether completed or in process. (b) If the termination is for the convenience of the BSHA, BSHA shall be liable only for payment for services rendered before the effective date of the termination. (c) If the termination is due to the failure of the Contractor to fulfill its obligations under the contract (cause/default), BSHA may (1) require the Contractor to deliver to it, in the manner and to the extent directed, any work described in the Notice of Termination; (2) take over the work and prosecute the same to completion by contract of otherwise, and the Contractor shall be liable for any additional cost incurred by BSHA; and (3) withhold any payments to the Contractor, for the purpose of set-off or partial payment, as the case may be, of amounts owned by BSHA by the Contractor. In the event of termination for cause/default, the PHA shall be liable to the Contractor for reasonable costs incurred by the Contractor before the effective date of the termination. 7. Examination and Retention of Contractor s Records: BSHA, HUD, or Comptroller General of the United States, or any of their duly authorized representatives shall, until three years after final payment under this contract, have access to and the right to examine any of the Contractor s directly pertinent books, documents, papers or other records that involve transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. 8. Energy Efficiency: The Contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation

5 Act (Pub.L ) for the State in which the work under this contract is performed. 9. Assignment: Contractor shall not during the contract, assign, transfer or subcontract any part of the agreement to any other contractor/supplier without written approval of BSHA. 10. Equal Opportunity: In the execution of the agreement, the Contractor and all subcontractors agree not to discriminate on the grounds of race, color, religion, sex, sexual orientation, national origin, age, disability or familial status and to provide reasonable accommodation to qualified individuals with disabilities upon request. 11. Hold Harmless/Indemnification: Contractor agrees to indemnify, defend and hold harmless BSHA, it s Board, assignees and employees from and against any and all claims, cost, expenses, damages and liabilities, to include reasonable attorney fees arising out of (1) negligent acts or willful misconduct of the Contractor and/or its employees, officers, subcontractors or assigns; (2) any breach of the term of agreement by the Contractor; (3) any violation of applicable State and/or Federal law, regulation, or requirement; (4) any breach of any representation or warranty made by the Contractor under the agreement. Contractor agrees to notify BSHA in writing by certified mail, immediately upon knowledge of any claim, suit, action or proceeding for which it may be entitled to indemnification. 12. Independent Contractor: The Contractor or its affiliates are not deemed an employee or agent of the BSHA and has no authority to make any binding commitments or obligations on behalf of BSHA. 13. Insurance: Contractor and its subcontractors must obtain and maintain all insurance required below. BSHA must be named as an additional insured. Copies of all policies shall be delivered to 420 North Park Avenue, Bonner Springs, KS A. General Liability: Contractor shall maintain, during the term of the Agreement, an occurrence comprehensive general liability insurance for limits of not less than one million dollars ($1,000,000) for bodily injury and property damages, per occurrence. As evidence of liability insurance coverage, BSHA will accept certification of insurance issued by an authorized representative of the insurance carrier. Each certificate shall contain a 30- day written notice of cancellation to the certificate holder and shall name the BSHA as an additional insured. B. Automobile Liability: $500,000 combined single limit per accident for bodily injury and property damage. As evidence of liability insurance coverage, BSHA will accept certification of insurance issued by an authorized representative of the insurance carrier. Each certificate shall contain a 30- day written notice of cancellation to the certificate holder and shall name the BSHA as an additional insured.

6 C. Worker s Compensation: Contractor shall maintain during the term of the Agreement Workers Compensation Insurance as required by the laws of the State of Kansas. Deductible and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to, and approved by BSHA. At the option of BSHA, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the BSHA, its Board, and employees or Contractor shall procure a bond to guarantee payment of losses and related investigations, claim administration and defense expenses in an amount specified by BSHA. 14. Job Site Safety: The Contractor shall adhere to all applicable laws to include the Occupations Safety and Health Administration s (OSHA) regulations for the duration of the agreement. 15. Utilities: BSHA will provide basic utilities in the unit to be painted which includes natural gas, electricity and water. Bathrooms are available for use inside the unit however toilet paper and other sundries will not be provided. 16. Affirmative Action, Women and Minority Owned Business Enterprises and Section 3: Contractor will be required to make efforts to hire and/or subcontract with Women-Owned, Minority Owned and Section 3 Business Concerns. In addition, efforts shall be made to employ Section 3 Residents if new hiring takes place. All subcontracts shall include the Section 3 Clause as incorporated into this RFP by attachment. 17. Business License: All Contractors and subcontractors shall hold or obtain prior to commencement of work a Bonner Springs Business License. 18. Payments: Payments will be made within 30 days upon completion of work. VI. Proposal Content Proposer shall ensure that all information required herein is submitted with the proposal. All information provided should be verifiable by documentation requested by BSHA. Failure to provide all information, inaccuracy or mis-statements may be sufficient cause for rejection of proposal. BSHA encourages Proposers to provide any additional information to describe operational abilities. Responses to each requirement below should be in order and clearly marked with the section number to which they respond. 1. Business Profile: Provide a brief history of your company, length of time in business, number of employees to include contract painters. Provide emphasis on the painting services part of your company. 2. Employees: Describe how many experienced painters are employed with your company, how many will be assigned to the proposed project, and how much professional experience each employee has in contract painting.

7 3. References: A list of three (3) references must be submitted with your proposal. These references should be agencies your firm has done business with in the past year on projects with similar scope to this RFP. Provide the project name, the scope of the job, contact person, telephone number and address. 4. Fee/Wage Schedule: Submit a fee schedule for all proposed services. Include an estimated average of hours needed to complete each sized apartment. Include a schedule for any and all additional fees charged above the hourly fee. Final costs for a specific unit will be determined based on the contractor s proposed hourly rate and the negotiated estimate of hours required for the specific tasks/complexity. Please use the chart below or a similar document containing the same information. Clearly describe any additional fees. Apartment Size Hourly Rate ($) 0 Bedroom 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom Estimated Average Hours to Complete 5. Include an executed copy of HUD Form 5369-C titled Instructions and Representations of Offerors. VII. Evaluation Criteria: Proposals will be evaluated on criteria deemed to be in the BSHA s best interest to include but not limited to: Responsiveness, Ability to meet the specifications, References, Demonstrated experience of similar work performance, Minority/Women Owned Business Enterprise Status, Section 3 Business Concern Status and Price VIII. Waiver By the submission of a bid in response to this request, the bidder hereby expressly waives the right to bring, file or enforce any and all claims or causes of action, legal or equitable, against the Housing Authority, its officers, agents or employees that pertain or relate to the Housing Authority s bid process, to include but not limited to the notice, letting, review and award stages, processes and procedures. This waiver shall be effective as of the bidder s submission of its bid form and shall be irrevocable by bidder, its successors and assigns. I f bidder takes any action in contradiction of this waiver, then the Housing Authority shall be awarded all costs associated with its defense of such actions including but not limited to reasonable attorney fees, filing fees and other legal costs and the bidder shall forfeit its bid bond to Housing Authority. Attachments Review all attachments for additional BSHA and HUD Contract Requirements

8 1. Instructions to Offerors Non-Construction (HUD Form 5369-B) 2. Instructions and Representations of Offerors (HUD Form 5369-C) 3. General Conditions for Non-Construction Contracts Section II (HUD Form 5370-C) 4. Section 3 Clause 5. Maintenance Wage Rate Decision (HUD Form 52158) Attachment 1

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11 Attachment 2

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13 Attachment 3

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16 Attachment 4 Section 3 Clause A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned

17 Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

18 Attachment 5

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