MUNICIPAL COMPLEX PAINTING

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1 Town of Poland 1231 Maine Street Poland, Maine REQUEST FOR PROPOSALS MUNICIPAL COMPLEX PAINTING SUBMITTAL DEADLINE: MAY 28, 2013 at 2:00PM PROPOSALS WILL BE MADE AVAILABLE FOR INSPECTION AFTER THEY ARE OPENED Rosemary E. Roy, Town Manager

2 INSTRUCTIONS AND GENERAL CONDITIONS TO BIDDERS The Town of Poland invites you to submit a proposal for Municipal Complex Painting. Enclosed are the following contract documents: Instructions and General Conditions to Bidders Specifications Official Bid Form Statement of Compliance/Deviations from Specifications Experience Statement The following documents must be submitted with the bid in order for such bid to be considered complete. Any bid that does not include each and every of these documents shall constitute cause for rejection of the bid. Executed Official Bid Form Executed Statement of Compliance/Proposed Deviations from Specifications Executed Experience Statement Proof of Lead Certification Proof of Commercial General Liability Insurance Inquiries regarding this proposal should be directed to Scott Segal, Facilities Manager, (207) , ssegal@polandtownoffice.org. 1. BID FORM - All bids must be submitted in conformity with the requirements of the specifications set forth in this Request for Proposals & Agreement, and accompanied by a cover letter certifying that the information in the proposal is true and accurate. If accepted by the Town of Poland and signed by the Town Manager, this Request for Proposals & Agreement shall become a binding contract. 2. BID DOCUMENTS - The Town Manager will receive bids at the Town of Poland, 1231 Maine Street, Poland, Maine, until such time that the bid period closes. Bid documents shall be enclosed in an envelope sealed and clearly labeled, MUNICIPAL COMPLEX PAINTING BID as to identify the item for which a bid is submitted and guard against opening prior to the time set therefore. 3. BID OPENING - A public Bid Opening will be conducted at 2:00PM on Tuesday, May 28, 2013 at the Poland Town Office Conference Room, 1231 Maine Street, Poland, Maine, at which time they will be publicly read and their contents made public and available for inspection. 4. BIDS REMAIN OPEN - All bids shall remain open and may not be withdrawn for a period of sixty (60) days after the day of the bid opening, but the Town may in its discretion, release any bid. 5. AWARD OF CONTRACT - The Board of Selectmen may award a contract to one or more qualified bidders (the Successful Bidder ) who satisfy, at a minimum, the Evaluation Criteria and other conditions and requirements established in any of the Bid Documents. The Town of Poland reserves the right to reject any or all proposals in whole or in part as it is deemed in the best interest of the Town, and to renegotiate any contract and waive any informality, which does not compromise the actual bid. Town of Poland: Request for Proposals Page 2 of 13

3 The Town s agreement with any firm shall not be considered exclusive, and the Town may elect to procure alternate services for any designated project or portion thereof. The Board of Selectmen is scheduled to consider proposals and award a contract at a public meeting at 7:00PM Tuesday, June 4, 2013 in the Town Office Conference Room. 6. COMPLIANCE WITH CONTRACT DOCUMENTS - Before submitting a bid, each bidder must examine the contract documents thoroughly. The submission of a bid will constitute an incontrovertible representation by the Bidder that it has complied with every requirement of these contract documents. 7. DEVIATIONS - All deviations from the attached Specifications must be set forth in writing by use of the enclosed form marked "Statement of Compliance/Deviations from Specifications. The information provided on the form must completely describe each such proposed deviation and the reasons why each such deviation is equal or superior to the specifications. It is incumbent upon the bidder to supply all additional information regarding any deviation from the specifications, which in the opinion of the bidder may assist the Town in evaluating compliance of the bid. If there are no deviations, please state same. 8. QUALIFICATIONS OF BIDDER - Bidder shall have at least five (5) years experience in services similar to those required in this RFP. Bidders without this experience will be considered not responsive, and the bid will be rejected. In addition, an executed Experience Statement must be submitted with the bid. 9. INTERPRETATIONS - All questions about the meaning or intent of the contract documents shall be submitted in writing to Scott Segal, Facilities Manager, Town of Poland, 1231 Maine Street, Poland, Maine, (207) , and ssegal@polandtownoffice.org. Replies will be issued by addenda, facsimile, or otherwise delivered to all parties recorded by the Town as having received bid documents. Questions received less than five (5) working days prior to the date fixed for opening bids will not be answered. Only those interpretations provided by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 10. COMPLIANCE WITH LAWS: LICENSE AND PERMIT REQUIREMENTS - The submission of a bid will constitute an incontrovertible representation and warranty by the bidder that the bidder will comply with all requirements of law, including the ordinances of the Town of Poland in any way relating to the performance of the contract. It shall also include obtaining all required licenses and permits from all governmental agencies having any jurisdiction relating thereto, except for permits required by the Town of Poland, which will be obtained by the Town. All equipment and materials specified herein and furnished to this project shall be designed and manufactured to meet OSHA standards. 11. GENERAL ADMINISTRATION - The Town Manager or her designee shall oversee and approve all services to be performed, coordinate all communications, and review and approve all invoices under this contract. 12. CONTRACT SUM - The total contract price shall include all labor, license fees, costs, equipment, guarantees, delivery, transportation, materials, and application as described in these contract documents. The Town shall pay the successful bidder in current funds the contract sum as stated in the Notice of Award for the performance of the work, subject to additions and deductions by Change Order as provided herein. 13. PAYMENT - Payment will be upon submittal of an invoice to the Town Manager of the Town by the successful bidder on a net thirty (30) basis unless discount terms are offered. Invoices must include purchase order number, date of each delivery, and quantity of each delivery. Town of Poland: Request for Proposals Page 3 of 13

4 14. SALES TAX - This project is exempt from State Sales and Use or Excise Taxes to the extent allowed by law. 15. CANCELLATION/TERMINATION - If the successful bidder defaults in this agreement to provide Municipal Complex Painting, or any part thereof, to the Town s satisfaction, or in any other way fail to provide service in accordance with the contract terms, the Town shall promptly notify the successful bidder of such default. If adequate correction is not made within ten (10) days, the Town may take whatever action it deems necessary to provide alternate services and may at its option, immediately cancel this contract with written notice. If the Town terminates this contract completely or in part because of successful bidder s default as previously mentioned, the successful bidder is liable to the Town for any excess costs or repurchasing the specified materials and related services. 16. DATE OF COMMENCEMENT - The work to be performed under this agreement shall be commenced within forty-five (45) days of the issuance of the Notice of Award and shall be coordinated with the Facilities Manager at (207) Delays in commencement of the work not excused by the Town Manager or her designated representative may result in termination of this contract. 17. DATE OF COMPLETION - The successful bidder shall achieve completion of all work no later than Friday, September 13, 2013 unless otherwise extended by mutual written agreement of both parties. The parties shall not hold the successful bidder responsible for delays in the completion of the work due to causes not reasonably foreseeable at the time of the execution of this agreement, or which are beyond the control and without the fault or negligence of the successful bidder. By executing the agreement, the successful bidder confirms that the contract time is a reasonable period for performing the work. 18. COMPLETION - That date, as certified by the Town Manager or her designated representative, is when the project (and all parts thereof) is fully completed in accordance with the contract documents, including but not limited to the satisfactory fulfillment, in the opinion of the Town Manager or her designated representative, of correction of any defective work. 19. GUARANTY ON WORK - In addition to any other manufacturer s guarantee or warranty, the successful bidder guarantees that all labor and materials to be provided by it (including materials supplied by the Town, if any) in connection with the performance of the contract shall be of the first quality throughout. All work, materials and equipment furnished shall be guaranteed by successful bidder to remain in good condition for one (1) year from date of completion. The successful bidder warrants and guarantees for a period of one (1) year from the date of completion and on acceptance by the Town or its designated representative that the completed project is free from all defects due to faulty materials or workmanship and the repairs of any damage to other components of the project resulting from such defects. The Town will give notice and successful bidder shall promptly make such corrections as may be necessary by reason of such defects including the observed defects with reasonable promptness. In the event that the successful bidder should fail to make such repairs, adjustments, or other work that may be made necessary by such defects, the Town may do so and charge the successful bidder the cost thereby incurred. 20. MATERIALS, TOOLS, EMPLOYEES - Except as otherwise directed by the specifications, the successful bidder shall provide and pay for all materials, labor, machinery, tools, and such other items required to complete the work involved. The successful bidder must have all necessary warnings, signs, and cones to ensure the safety of the traveling public. All work shall be properly managed and supervised by employees who are thoroughly trained and experienced in the work involved. All work must be completed in a safe manner according OSHA Rules & Regulations. Town of Poland: Request for Proposals Page 4 of 13

5 21. CHANGE ORDERS - The Town shall have the right to increase or decrease the amount and extent of the work by giving reasonable notice thereof to the successful bidder. The value of such Change Orders shall be negotiated between the Town and the successful bidder. Before any change, order modifies or becomes a part of the work, the successful bidder and the Town must sign the Change Order. 22. CORRECTION OF WORK - The successful bidder shall promptly remove from the project all work rejected by the Town for failure to comply with the contract documents, whether incorporated in the construction or not. The successful bidder shall promptly replace and re-execute the work in accordance with the contract documents and without expense to the Town and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. All removal and replacement work shall be done at the successful bidder s expense. If the successful bidder does not take action to remove such rejected work within ten (10) days after receipt of written notice, the Town may remove such work and store the materials at the expense of the successful bidder. 23. SATISFACTION - The successful bidder agrees that it will furnish the Town with satisfactory evidence that all persons who have done work or furnished material under this contract and are entitled to a lien for their work or materials under any laws of the State of Maine have been fully paid or are no longer entitled to such lien. The Town shall not be responsible for any obligations of the successful bidder to its subcontractors. 24. TERMINATION - If the successful bidder defaults or persistently fails to carry out the work in accordance with the contract documents or fails to perform a provision of the contract, or if there is reasonable evidence that the work will not be completed within the contract time, the Town, upon seven (7) days written notice, may terminate the contract. 25. LIABILITY INSURANCE - Successful bidder must agree to procure and maintain at its expense, Commercial General Liability Insurance for protection from claims under workers compensation acts, claims for damages because of bodily injury including personal injury, sickness, disease, death of any and all employees, or of any other such employees, and from claims for damages because of injury to or destruction of property including loss of use resulting therefrom, which may arise from the performance of services hereunder. The minimum amounts of coverage are: Type of Insurance Each Occurrence Aggregate General Liability - Combined Bodily Injury $1,000,000 $2,000,000 & Property Damage Automobile Liability - Combined Bodily $1,000,000 Injury and Property Damage Umbrella/Excess Liability $1,000,000 $1,000,000 Worker s Compensation & Employer s Liability $500,000 (Each Accident) $500,000 (Disease Policy Limit) $500,000 (Disease Each Employee) Each such certificate shall list the Town as an additional insured and contain a statement of the insurer s obligation to notify the Town at least fifteen (15) days prior to cancellation of any policy covered thereunder. The Town shall be furnished with a Certificate of Insurance. In the event the Town is required to defend itself, the successful bidder shall reimburse the Town s costs, including reasonable attorneys fees for defense of such liabilities, which arise out of the successful bidder s negligence. In any claim which may arise as a result of intentional or negligent acts or omissions of the successful Town of Poland: Request for Proposals Page 5 of 13

6 bidder, the Comprehensive General liability Insurance policy provided by successful bidder shall be deemed primary protection against such claims and the Town shall not be called upon to contribute to a loss otherwise payable by the successful bidder s insurer due to its insured s act or omission. 26. INDEMNIFICATION - To the fullest extent permitted by law, the successful bidder does agree to defend, indemnify and hold harmless the Town, its officers, agents and employees, from and against all claims, damages, losses or expenses, just or unjust, including but not limited to costs of defense, arising out of or resulting from the performance of services hereunder, provided that any such claim, damage, loss or expense is caused in whole or in part by any negligent act or omission of successful bidder, its officers, agents or employees, anyone directly employed by it, or anyone for whose act it may be liable, except to the extent that said claim, damage, loss or expense is caused by the Town, its officers, or employees. 27. DISPUTE RESOLUTION - The parties hereto agree that prior to filing litigation they will consider alternative dispute resolution techniques to resolve all claims, counterclaims, disputes and other matters in question between the parties arising out of or relating to these contract documents. 28. NON-DISCRIMINATION AND COMPLIANCE WITH LAWS - The successful bidder agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this agreement because of race, creed, color, national origin, marital status, gender, age, disability, sexual orientation or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. The successful bidder shall comply with all federal, state, and local laws and ordinances applicable to the work to be done under this agreement. Violation of this paragraph shall be a material breach of this agreement and grounds for cancellation, termination, or suspension of the agreement by Town, in whole or in part, and may result in ineligibility for further work for Town. 29. SUBLETTING OR ASSIGNING CONTRACT - Neither Town nor successful bidder shall assign, transfer, or encumber any rights, duties, or interests accruing from this contract without the express prior written consent of the other. 30. INDEPENDENT CONTRACTOR - Throughout the performance of this contract, successful bidder is acting in an independent capacity and not as an employee, officer or agent of the Town. The successful bidder, at its expense, shall provide additional personnel needed by successful bidder to fulfill its contractual duties. The successful bidder is solely responsible for complying with all state and federal laws including, but not limited to, workers compensation law, minimum wage law, employment security law, and drug/alcohol testing laws and regulations (including 49 CFR Part 382). The successful bidder is also solely responsible for maintaining its vehicles and equipment in a safe and legal condition. Town of Poland: Request for Proposals Page 6 of 13

7 SPECIFICATIONS GENERAL - THESE specifications cover the Municipal Complex Painting for the Town of Poland. DESCRIBED WORK - Description of Exterior Painting at the following locations: Town Office Building: Remove any mold prior to preparing the work. Prepare, spot prime and paint one (1) finish coat on exterior trim of all four sides of the building (excluding the vent that wraps around the building) Prepare, spot prime and paint the front entryway. Caulk any noticeable gaps. Replace any rotted boards. Old School House Building aka Historical Society Building: Remove any mold prior to preparing the work. Prepare, spot prime and paint one (1) finish coat on exterior trim of all three sides of the existing building and front/joining side of the recent barn addition to building Prepare, spot prime and paint the bell tower. Prepare, spot prime and paint front door. Prepare, spot prime and paint the flagpole next to the Old School house. Caulk any noticeable gaps. Replace any rotted boards. Town Hall Building: Remove any mold prior to preparing the work. Prepare, spot prime and paint one (1) finish coat on exterior trim of all four sides of the building (Excluding Teeth work.) Prepare, spot prime and paint the pillars and front porch trim. Prepare, spot prime and paint the front gable. Caulk any noticeable gaps. Replace any rotted boards. Front porch ceiling prime and paint. Cement molding trim around building. Androscoggin Sheriff s / Recreation Office Building: Remove any mold prior to preparing the work. Prepare, spot prime and paint one (1) finish coat on exterior trim of three (3) sides-front, Back and right side of the building. Prepare, spot prime and paint the front gable. Caulk any noticeable gaps. Replace any rotted boards. Ricker Memorial Library Building: Remove any mold prior to preparing the work. Prepare, spot prime and paint one (1) finish coat on exterior front gable. Town of Poland: Request for Proposals Page 7 of 13

8 Public Works Office/Garage Building: Remove any mold prior to preparing the work. Replace any rotted trim boards. Prepare, spot prime and paint one (1) finish coat on exterior trim of the entire building Prepare, paint body of the entire building - the majority of the building is cement and one (1) section wood. Caulk any noticeable gaps. SPECIFIC PROJECT REQUIREMENTS 1. A bid for the entire project is requested as well as separate prices for the work at each building. Although it is the Town s intention to complete all work contained in this request, it may be necessary to omit one or more buildings due to funding limitations. 2. All exterior primer and finish paint will be of quality white paint with the exception of the Public Works exterior, which will match the existing Sand & Salt building - beige in color. 3. All exterior trim or molding will be quality primer and color finish paint where indicated. 4. All areas will be kept clean and debris will be cleaned up. 5. Brick and windows shall be protected from paint spill over and removed if it occurs. PROPOSAL CRITERIA - Bids submitted in response to the Request for Proposals shall be evaluated in light of the following criteria, among other considerations. 1. The general experience and qualifications of the firm/professional; 2. The experience/qualifications of the firm/professional in providing the services specified or similar services; 3. The proposed cost of the services; and 4. Familiarity with the community. Town of Poland: Request for Proposals Page 8 of 13

9 OFFICAL BID FORM & AGREEMENT Date: Bidder/Company Name: Attention: Rosemary E. Roy, Town Manager Town of Poland 1231 Maine Street Poland, ME In accordance with your Advertisement for Bids, Instructions and General Conditions to Bidders, Specifications, Experience Statement, Statement of Deviations and Official Bid Form, all of which we recognize as the contract documents for the Municipal Complex Painting Bid, we submit the following: CONTRACT PRICE. The total contract price shall include everything required to fulfill the conditions of the contract, including, but not limited to, the following; all labor, materials, equipment, fees, costs, and insurance contemplated in these contract documents. The purpose of this request is to provide a standard from which to evaluate your company s services as they compare to other companies and as they pertain to the needs of the Municipality. To that end, we are requesting A. Unit price bid per building: BUILDING AMOUNT Town Office Building Old School House Building $ $ Town Hall Building Androscoggin Sheriff s/recreation Building Ricker Memorial Library Building Public Works Building $ $ $ $ B. Total Price For All Listed Work: $ Contract Price in Words: DOLLARS (Amounts are in both words and figures. In case of discrepancy, the written word shall apply.) C. Estimated Date of Commencement: (Must be no later than 45 days after date contract is signed.) D. Guaranteed Completion Date: (Must be no later than Friday, September 13, 2013.) E. Bidder Information - Please complete the following. Attach additional sheets as necessary. Company is a Corporation Partnership Individually Owned Other Town of Poland: Request for Proposals Page 9 of 13

10 If other, please Explain: When organized: Where incorporated: Company Name & Address: List contact personnel available and or responsible for this contract: Name of Principal: Telephone Number: Facsimile Number: Address: All sections above must be completed. The Town of Poland reserves the right to reject any or all bids in whole or in part, as it is deemed in the best interest of the Town, renegotiate any contract and waive any informality, which does not compromise the actual bid. BIDDER Dated: Signature of Authorized Representative Signature Company Clerk/Witness NOTE: WHEN FULLY EXECUTED, BID FORM AND OTHER CONTRACT DOCUMENTS REFERENCED IN INSTRUCTIONS AND GENERAL CONDITIONS SHALL SERVE AS CONTRACT. ACCEPTANCE OF PROPOSAL [SEAL] Dated:, TOWN OF POLAND BY: Rosemary E. Roy, Town Manager ATTEST: Judith A. Akers, Town Clerk Town of Poland: Request for Proposals Page 10 of 13

11 STATEMENT OF COMPLIANCE/DEVIATIONS FROM SPECIFICATIONS The Bidder proposes the following deviations from the specifications, which the Bidder represents and warrants as being equal or superior to the requirements of the specifications for the reason set forth fully below (attach additional sheets if necessary): If there are no deviations from the specifications, please state same. I certify that the foregoing fully and completely describes each proposed deviation, if any, and the reasons why each deviation is fully equal or superior to those in specified in the detailed specifications. BIDDER Dated: Signature of Authorized Representative Signature Company Clerk/Witness Town of Poland: Request for Proposals Page 11 of 13

12 EXPERIENCE STATEMENT All questions must be answered with clear and comprehensive data; if necessary, add additional pages. 1. Name of Bidder/Company: 2. How many years have you been engaged in the contracting business under your present firm name? Please state names and dates of previous firm names, if any. 3. State the general character of work performed by your company. 4. State work of a similar nature to that stated in the bid proposal, including a minimum of three (3) references (address/phone) that will assist the Town to judge experience, skill and business standing. 5. List current contracts on hand, and the more important contracts recently executed by your company showing value and anticipated completion and or completion date of each contract. 6. Have you ever failed to complete any work awarded to you or defaulted on a contract? Yes No If yes, please explain: 7. List any major equipment available and pertinent for this contract. 8. List any subcontractors you intend to use and the general components of the project for which they will be responsible. Indicate other projects on which the proposed subcontractor has worked with you. This statement must be notarized. See next page. Town of Poland: Request for Proposals Page 12 of 13

13 EXPERIENCE STATEMENT Dated this day of, Bidder/Company Name Authorized Representative and Title State of, County of, being duly sworn, deposes and says that he/she is the Authorized Representative of and that the answers to the questions and all statements contained herein are true and correct. Before me this day of. Signature of Notary Public Printed Name My Commission Expires: / / Town of Poland: Request for Proposals Page 13 of 13

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