State of Florida Department of State

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1 State of Florida Department of State INVITATION TO BID FOR PAINTING THE EXTERIOR OF THE BROKAW MCDOUGALL HOUSE, SHUTTERS AND STORAGE SHED ITB RELEASED ON: December 2, 2013 THIS COVER SHEET MUST BE SIGNED AND RETURNED WITH YOUR BID TO ACKNOWLEDGE AND AFFIRM AGREEMENT TO ALL OF THE STATEMENTS AND TERMS & CONDITIONS CONTAINED IN THIS SOLICITATION. THE AUTHORIZED COMPANY REPRESENTATIVE MANUALLY SIGNING THIS COVER SHEET WARRANTS THAT THEY ARE DULY AUTHORIZED TO COMMIT ON BEHALF OF THEIR COMPANY TO CONTRACTUAL OBLIGATIONS AND PRICING. COMPANY NAME FEID # AUTHORIZED SIGNATURE (MANUAL) DATED AUTHORIZED SIGNATURE (TYPED) TITLE THE DEPARTMENT IS NOT LIABLE FOR ANY AMENDMENT(S), CHANGE(S) OR ADDENDUM(S) NOT RECEIVED BY VENDORS FOR FAILURE OF VENDOR TO REVIEW THE VENDOR BID SYSTEM (VBS). Page 1 of 35

2 TABLE OF CONTENTS SECTION 1 INSTRUCTIONS General Instructions to Respondent... 4 SECTION 2 CONTRACT CONDITIONS General Contract Conditions... 4 SECTION 3 INTRODUCTION Background Scope of Work Definitions Solicitation Timeline... 6 SECTION 4 SPECIAL INSTRUCTIONS Applicable Law Purchase/Contract Documentation Questions Restrictions on Communication with Department Staff Verbal Instructions Changes Addenda Diversity - Certified Vendor Participation Special Accommodations No Prior Involvement and Conflicts of Interest Corporate Registration nd Tier Certified Minority Participation Reporting... 9 SECTION 5 SPECIFICATIONS Specifications Inspection and Acceptance Task Completion Evidence Warranty Financial Consequences Payment SECTION 6 - PROCUREMENT RULES AND INFORMATION General Instructions to Bidders (PUR 1001 (10/06)) Pre-Bid Requirement: Bid Submission Bid Opening Bid Preparation Costs Bid Disposal Bid Rejection Mandatory Responsiveness Requirements Material Deviations Minor Irregularities Price Determination Evaluation Process Incomplete REQUEST FOR PRICE INFORMATION Sheet(s) Reference Checks Identical Tie Bids/Drug Free Workplace Total Price for Award Computation Page 2 of 35

3 6.16 Posting of Recommended Award Bidder s Response/Contract Late Bids SECTION 7 - SPECIAL CONDITIONS Application of Special Conditions Order of Precedence Contract Extensions Breach of Contract Notice to Contractor Damages upon Termination Invoices and Payments Department s Contract Manager Contractor Supervision Contractor s Expenses Governing Law and Venue Records Records Retention Accessible Electronic Information Technology Non-Discrimination Bidder s Insurance Requirements Copyrights, Right to Data, Patents and Royalties Independent Vendor Status Interest Penalties Vendor Ombudsman Travel Expenses GSA Schedule 70 Purchase Option Certification Regarding, Suspension, and Voluntary Exclusion Cooperative Purchasing Intellectual Property Employment Eligibility Verification SECTION 8 - BID FORMAT AND CONTENTS Bid Submission Requirements Mandatory Responsiveness Requirements ATTACHMENT 1 REQUEST FOR PRICE INFORMATION ATTACHMENT 2 - VENDOR REPRESENTATIVE AND ALTERNATE ATTACHMENT 3 - IDENTICAL TIE BIDS ATTACHMENT 4 - REFERENCES ATTACHMENT 5 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION SUBMITTAL CHECKLIST REMAINDER OF PAGE LEFT INTENTIONALLY BLANK Page 3 of 35

4 SECTION 1 INSTRUCTIONS 1.0 General Instructions to Respondent This section contains instructions explaining the solicitation process and the actions necessary to respond. General Instructions to Respondent (Form PUR 1001) is a downloadable document which must be downloaded for review. This document need not be returned with the respondent s proposal. Form PUR 1001 may be accessed at under Documents, Forms, References and Resources. In the event of any conflict between Form PUR 1001 and other instructions provided in this document, the additional instructions in this document shall take precedence over the Form PUR 1001 unless the conflicting term is required by any section of the Florida Statutes, in which case the statutory requirements shall take precedence. SECTION 2 CONTRACT CONDITIONS 2.0 General Contract Conditions Standard terms and conditions that will apply to the contract which results from the solicitation event are provided in this section. General Contract Conditions (Form PUR 1000) is a downloadable document which must be downloaded for review. This document need not be returned with the respondent s proposal. Form PUR 1000 may be accessed at under Documents, Forms, References and Resources. In the event of any conflict between the PUR 1000 form and any other Special Conditions, the Special Conditions shall take precedence over the PUR 1000 form unless the conflicting term in the PUR form is required by any section of the Florida Statutes, in which case the term contained in PUR 1000 shall take precedence. SECTION 3 INTRODUCTION 3.0 Background The Brokaw McDougall House was built in 1856 and is listed in the United States National Register of Historic Places. Because of this designation, any work performed on the home must strictly follow the Secretary of the Interior s standards for the treatment of historic properties. The Department of State (DOS), Division of Historical Resources (DHR) is mandated by Florida Statute 267 to protect and preserve historical sites. The Brokaw McDougall House is located at 329 N. Meridian Road, Tallahassee, Florida Page 4 of 35

5 3.1 Scope of Work The Department of State, Division of Historical Resources wishes to secure competitive pricing from qualified painters for the preparation and repainting of the Brokaw McDougall House, Shutters, and Storage Shed, an ancillary building, from vendors that are skilled in the proper restoration techniques of historical sites and buildings restoration. The Department intends to enter into a one-time purchase for the repairs, restoration, and painting of its historical buildings, as outlined in the attached specifications. Further instructions will be provided by the Division of Historical Resources. Bidders are responsible for thoroughly reviewing the specifications. The resulting contract may not be renewed. 3.2 Definitions The following terms used in this Invitation to Bid ( ITB ), unless the context otherwise clearly requires a different construction and interpretation, have the following meanings: Bid: means the material submitted by the Bidder in answering the ITB. For the purposes of this ITB Bid is synonymous with the definition of Response provided in section 4.6 General Instructions to Bidders (PUR 1001 (11/04)). Breach of Contract: The condition of the relationship between the Department and the Contractor which exists when the Contractor fails to perform under the terms and conditions of the Contract which may result from this ITB. Contract: The agreement which results from this ITB between the winning Bidder and the Department. Contractor: The organization or individual providing services to the Department in accordance with the terms of the Contract which results from this ITB. Department: The State of Florida, Department of State (DOS) referred to in this ITB document as the Department or DOS. Desirable Conditions: The use of the words should or may in this ITB indicate desirable attributes or conditions, but are permissive in nature. Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of a bid. ITB: An abbreviation formed from the initial letters of Invitation to Bid. Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the Bidder to be responsive to this ITB. These responsiveness requirements are mandatory. Failure to meet these responsiveness requirements will cause rejection of a bid. Any bid rejected for failure to meet mandatory responsiveness requirements will not be further reviewed. Material Deviations: The Department has established certain requirements with respect to bids to be submitted by Bidders. The use of shall, must or will (except to indicate simple futurity) in Page 5 of 35

6 this ITB indicates a requirement or condition from which a material deviation may not be waived by the Department. A deviation is material if, in the Department s sole discretion, the deficient, response is not in substantial accord with this ITB s requirements, provides an advantage to one Bidder over other Bidders, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department, or otherwise adversely impact the Department s interest. Material deviations cannot be waived. Minor Irregularity: A variation from the ITB terms and conditions which does not affect the price of the commodities or services, or give the Bidder an advantage or benefit not enjoyed by the other Bidders, and does not adversely impact the interests of the Department. P-Card: Refers to the State of Florida s purchasing card program, using the Visa platform. Purchase Order: The contract document issued by the Department to the Vendor to procure goods and services. Bidder, Vendor, Offeror or Contractor: A legally qualified corporation, partnership, sole proprietor, or other entity submitting a bid to the Department pursuant to this ITB. For the purposes of this ITB Bidder is synonymous with the definition of Bidder provided in section 4.6 General Instructions to Bidders (PUR 1001 (11/04)). Winning or Successful Bidder: The business or entity submitting the lowest priced responsive bid, meeting all requirements of the Department s ITB. Scope of Work/Work: The product(s) or contractual service(s) that the Department wishes to purchase as defined in SECTION 5 - SPECIFICATIONS of this ITB. 3.3 Solicitation Timeline Listed below are the important events and times/dates by which the actions must be taken or completed. If the Department finds it necessary to change any of these dates/times, it will be accomplished by addendum. All listed times are Tallahassee, Florida local time. Event Time Date ITB Release 2:00 PM 12/2/2013 Mandatory Pre-Bid Site Visit 2:00 PM 12/5/2013 Deadline for Written Inquiries 2:00 PM 12/9/2013 Anticipated date written responses to written inquiries will be posted on the (VBS). Bid Opening Bids received after this date and time will not be considered Anticipated date of posting of recommend award(s) on Vendor Bid System (VBS). Anticipated date for issuance of purchase order or other documents. 2:00 PM 12/12/2013 2:00 PM 12/16/2013 2:00 PM 12/19/2013 2:00 PM 12/31/2013 Page 6 of 35

7 Notwithstanding Section 3 of the State of Florida PUR 1001 (10/06) General Instructions to Bidders, the Department of State does not accept Electronic Submission of Bids. SECTION 4 SPECIAL INSTRUCTIONS 4.0 Applicable Law The Bidder receiving the award shall comply with all State and Federal laws and rules applicable to the Bidder providing commodities or services to the Department. 4.1 Purchase/Contract Documentation This purchase shall be accomplished by issuance of a purchase order. 4.2 Questions Questions concerning conditions and specifications of this ITB must be received in writing by the Procurement Officer as specified in Section 3.3 Solicitation Timeline. A Bidder s failure to submit questions by the specified date shall be considered to constitute Bidder s acceptance of State s specifications. Questions related to this procurement should be addressed to the Procurement Officer: Sandra Rogers, Purchasing Specialist 500 S. Bronough Street Room 428 Tallahassee, Florida Phone: (850) FAX: (850) The Procurement Officer designates Vonda Murray as an alternate Procurement Officer when Sandra Rogers is unavailable. Phone: Vonda.murray@dos.myflorida.com. Bidder questions will only be accepted if submitted in writing; reference PUR 1001 Section 5 for additional information. 4.3 Restrictions on Communication with Department Staff Bidders shall not communicate with any Department staff concerning this ITB except for the Department contact person identified in Section Questions of this ITB. Only those communications which are in writing from the Procurement Officer shall be considered as a duly authorized response on behalf of the Department. For violation of this provision, the Department reserves the right to reject a Bidder s bid. Bidders to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a bid. Page 7 of 35

8 4.4 Verbal Instructions No negotiations, decisions, or actions shall be initiated or executed by the Bidder as a result of any discussions with any State employee. Only those communications that are in writing from the Department s purchasing office identified in (Section 4) of this ITB shall be considered a duly authorized expression on behalf of the Department. Only written, signed communications from Bidders will be recognized by the Department as duly authorized expressions on behalf of the Contractor. 4.5 Changes No substitutions, variations or changes to contract terms, conditions or specifications will be permitted or acknowledged unless approved, in writing, by the Department of State Purchasing Office. 4.6 Addenda Any addenda or answer(s) to written questions provided by the Purchasing Office to participating Bidders shall include an Addendum Acknowledgement Form. An Addendum Acknowledgment Form will be provided with responses to vendor questions posted on the Vendor Bid System. The Addendum Acknowledgment Form shall be signed by an authorized company representative, dated, and returned with the bid. 4.7 Diversity - Certified Vendor Participation The Florida Department of State is committed to supporting diverse business industry and population through ensuring participation by minority-, women-, and service-disabled veteran business enterprises in the economic life of the state. The State of Florida Mentor Protégé Program connects minority-, women-, and service-disabled veteran business enterprises with private corporations for business development mentoring. Firms doing business with the State of Florida are strongly encouraged to consider this initiative. For more information on the Mentor Protégé Program, contact the Office of Supplier Diversity at (850) The Department is dedicated to fostering the continued development and economic growth of small, minority-, women-, and service-disabled veteran business enterprises. Participation by a diverse group of Vendors doing business with the Department is central to this effort. It is vital that small, minority-, women-, and service-disabled veteran business enterprises participate in the Department s procurement process as both Contractors and sub-contractors in this solicitation. Small, minority-, women-, and service-disabled veteran business enterprises are strongly encouraged to contribute to this solicitation. The Contractor shall submit documentation addressing diversity and describing the efforts being made to encourage the participation of small, minority-, women-, and service-disabled veteran business enterprises Certified Vendors are encouraged to participate. A copy of your certification should be included with the bid. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 8 of 35

9 4.8 Special Accommodations Any person with a qualified disability requiring special accommodations at the pre-solicitation conference and/or bid/proposal opening shall contact the Purchasing Office at at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at 1 (800) (TDD). 4.9 No Prior Involvement and Conflicts of Interest The Contractor shall not compensate in any manner, directly or indirectly, any officer, agent or employee of the Department for any act or service that he/she may do, or perform for, or on behalf of, any officer, agent, or employee of the Contractor. No officer, agent, or employee of the Department shall have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department or the State of Florida. The Contractor shall have no interest and shall not acquire any interest that shall conflict in any manner or degree with the performance of the services required under this Contract Corporate Registration All entities defined under Chapters 607, 617 or 620, Florida Statutes, seeking to do business with the Department shall be on file and in good standing with the Florida Department of State. Under the provisions of Title 36, Section , Florida Statutes, in order to do business in the state of Florida, corporations (and other business designations) are required to be registered with the Department of State, Division of Corporations. To be eligible to receive a contract, corporate, or other applicable business registration must be accomplished within 6 business days of the initial posting indicating intent to award a contract to that vendor. Failure to be registered by this date will be cause for disqualification. Contact the Division of Corporations at (850) nd Tier Certified Minority Participation Reporting Bidders are strongly encouraged to use Certified Minority Business Enterprises (CMBE s) as sub-contractors (2 nd Tier) in the performance of this contract. When applicable, as the successful Bidder makes payments to 2 nd tier certified minority subcontractor(s), the successful Bidder shall provide the Department with a written report documenting 2 nd tier certified minority participation. The report shall be titled 2 nd tier certified minority participation and shall provide the following information: Identify the name of the participating 2 nd tier certified minority contractor(s) and the name of the contact person at the 2 nd tier vendor. Report the portion of the work being performed by the 2 nd tier certified minority contractor(s). Indicate the dollar value of the portion of the work. All reports shall be submitted to the Department no later than thirty (30) days after a payment is made. Page 9 of 35

10 SECTION 5 SPECIFICATIONS 5.1 Specifications Vendor/Contractor shall furnish all materials, tools, and equipment, including transportation to and from the job-site to paint, repaint exterior of buildings and related incidental surfaces, including surface preparation and/or repairs, caulking, sealing, and patching. It is the intent of the specifications that all surfaces, except those specifically noted otherwise, be painted or finished for a thoroughly complete job in every respect whether every item is herein specified or not. The exterior of the buildings are largely wood construction, with concrete, masonry, and metal. Included are pipe railings, posts, hollow metal doors and/or frames, miscellaneous mechanical louvers, metal roof awning and/or guttering and/or drain leaders and top caps (galvanized metal or aluminum). Quote to include 100 linear feet of wood-rot replacement and an additional price per linear feet thereafter. Please separate the pricing by the house, shutters, and storage shed. One company will be awarded the complete job. There will be a Mandatory Pre-Bid Site Visit on December 5, 2:00 P.M. Part 1 GENERAL 1.1 Exterior paint and coatings systems, including surface preparation. 1.2 REFERENCES References documenting prior experience painting historical homes are required. 1.3 SUBMITTALS A. Product Data: For each paint system indicated, including. 1. Product characteristics. 2. Surface preparation instructions and recommendations. 3. Primer requirements and finish specifications. 4. Storage and handling requirements and recommendations. 5. Application methods. 6. Cautions for storage, handling and installation. B. Selection Samples: match colors and sheens available. C. Verification Samples: For each finish product specified, submit samples that represent actual product, color, and sheen. Page 10 of 35

11 1.4 QUALITY ASSURANCE A. Installer Qualifications: A firm or individual experienced in applying paints and coatings similar in material, design, and extent to those indicated for the Project, whose work has resulted in applications with a record of successful in-service performance. B. Paint exposed surfaces. If a color of finish or a surface is not specifically mentioned, Architect will select from standard products, colors and sheens available. C. Do not paint prefinished items, concealed surfaces, finished metals surfaces, operation parts, and labels unless indicated. D. Mock-Up: Provide a mock up for evaluation of surface preparation techniques and application workmanship. 1. Finish surfaces for verification of products, colors and sheens. 2. Finish area designated by Architect. 3. Provide samples that designate primer and finish coats. 4. Do not proceed with remaining work until the Architect approves the mock-up. 1.5 DELIVERY, STORAGE, AND HANDLING A. Delivery: Deliver manufacturer s unopened containers to the work site. Packaging shall bear the manufacturer s name, label, and the following list of information. 1. Product name and type (description). 2. Application and use instructions. 3. Surface preparation. 4. VOC content. 5. Environmental handling. 6. Batch date. 7. Color number. B. Storage: Store and dispose of solvent-based materials, and materials used with solvent based materials, in accordance with requirements of local authorities having jurisdiction. C. Store materials in an area that is within the acceptable temperature range, per manufacturer s instruction. Protect from freezing. D. Handling: Maintain a clean, dry storage area, to prevent contamination or damage to the coatings. 1.6 PROJECT CONDITIONS A. Maintain environmental conditions (temperature, humidity, and ventilation) within limits recommended by manufacturer for optimum results. Do not install products under environmental conditions outside manufacturer s absolute limits. 1.7 EXTRA MATERIALS A. Furnish Owner with an additional one percent of each color, but not less than 1 gallon or 1 case, as appropriate. Page 11 of 35

12 PART 2 PRODUCTS 2.1 MANUFACTURERS A. Acceptable Manufactures: Sherwin-Williams or Benjamin Moore & Company B. Substitutions: Approved equal. 2.2 APPLICATIONS/SCOPE A. Exterior Paints and Coating: 1. Concrete: Cementitous siding, flexboard, transite and shingles (non-roof). 2. Masonry: Concrete masonry units, cinder or concrete block. 3. Metal: Miscellaneous iron, ornamental iron, ferrous metal. 4. Wood: Siding, trim, sash, and miscellaneous hardboard. 2.3 PAINT MATERIALS GENERAL A. Paints and Coatings: 1. Unless otherwise indicated, provide factory-mixed coatings. When required, mix coatings to correct consistency in accordance with manufacturer s instructions before application. Do not reduce, thin, dilute coatings or add materials to coatings unless such procedure is specifically described in the manufacturer s product instructions. 2. For opaque finishes, tint each coat including prior coat and intermediate coats, onehalf shade lighter than succeeding coat, with final finish coat as base color. Or follow manufacturers product instructions for optimal color conformance. B. Primers: Where the manufacturer offers options on primers for a particular substrate, use primer categorized as best by the manufacturer. C. Coating Application Accessories: Provide all primers, sealers, cleaning agents, cleaning cloths, sanding materials, and clean-up materials required, per manufacturers specifications. D. Color: Match existing. 2.4 EXTERIOR PAINT SYSTEMS A. CONCRETE (Cementitious Siding, Flexboard, Transite Board, Shingles (Non-Roof), Common Brick, Stucco, Tilt-up, Precast, and Poured-in-place Cement). 1. Latex Systems: A. Flat Finish: 1) 1 st Coat: S-W Loxon Concrete & Masonry Primer Sealer, A24W8300 (8 mils wet, 3.2 mils dry). 2) 2nd Coat: S-W A-l00 Exterior Latex Flat, A6 Series. Page 12 of 35

13 3) 3 rd Coat: S-W A-l00 Exterior Latex Flat, A6 Series (4 mils wet, 1.2 mils dry per coat). B. MASONRY: Concrete Masonry Units (CMU)-Cinder or Concrete Block. A. Flat Finish: 1) 1st Coat: S-W A-100 Exterior Latex Flat, A6 Series. 2) 2nd Coat: S-W A-100 Exterior Latex Flat, A6 Series (4 mils wet, 1.2 mils dry per coat) C. CONCRETE: Patios, Porches, Steps and Platforms. 1. Acrylic System Water-Based: A. Floor Finish: 1) 1 st Coat: S-W Sher-Crete Flexible Concrete Waterproofer, A5 Series. 2) 2 nd Coat: S-W Sher-Crete Flexible Concrete Waterproofer, A5 Series (10-12 mils wet per coat). D. METAL: Aluminum, Galvanized. 1. Latex Systems: A. Flat Finish: 1) 1 st Coat: S-W A-100 Exterior Latex Flat, A6 Series. 2) 2 nd Coat: S-W A-100 Exterior Latex Flat, A6 Series (4 mils wet, 1.2 mils dry per coat). E. METAL: Misc. Iron, Ornamental Iron, Structural Iron and Steel, Ferrous Metal. 1. Latex Systems: A. Semi-Gloss Finish: 1) 1 st Coat: S-W Pro Industrial Pro-Cryl Universal Primer, B Series (5.0 mils wet, 2.0 mils dry). 2) 2 nd Coat: S-W Metalatex Acrylic Semi-Gloss, B42 Series. 3) 3 rd Coat: S-W Metalatex Acrylic Semi-Gloss, B42 Series (4 mils wet, 1.5 mils dry per coat). F. WOOD: Decks, Exterior including pressure treated lumber, Platforms. 1. Acrylic Water-Based Floor System: A. Floor Finish: 1) 1 st Coat: S-W Porch and Floor Enamel, A32 Series. 2) 2 nd Coat: S-W Porch and Floor Enamel, A32 Series (4 mils wet; mils dry per coat). G. WOOD: Siding, Trim, Shutters, Sashes, Hardboard-Bare/Primed. 1. Latex Systems: A. Match Existing Finish 1) 1 st Coat: S-W Exterior Latex Wood Primer, B42W8041 (4 mils wet, 1.4 mils dry). 2) 2 nd Coat: S-W A-100 Exterior Latex Flat, A6 Series. 3) 3 rd Coat: S-W A-100 Exterior Latex Flat, A6 Series (4 mils wet, 1.2 mils dry per coat). Page 13 of 35

14 PART 3 EXECUTION 3.1 EXAMINATION A. Do not begin installation until substrates have been properly prepared; notify Architect of unsatisfactory conditions before proceeding. If substrate preparation is the responsibility of another installer, notify Architect of unsatisfactory preparation before proceeding. B. Proceed with work only after conditions have been corrected and approved by all parties, otherwise application of coatings will be considered as an acceptance of surface conditions. C. Previously Painted Surfaces: Verify that existing painted surfaces do not contain lead based paints, notify Architect immediately if lead based paints are encountered. 3.2 SURFACE PREPARATION A. General: Surfaces shall be dry and in sound condition. Remove oil, dust, dirt, loose rust, peeling paint or other contamination to ensure good adhesion. 1. Remove mildew before painting by washing with a solution of 1 part liquid household bleach and 3 parts of warm water. Apply the solution and scrub the mildewed area. Allow the solution to remain on the surface for 10 minutes. Rinse thoroughly with clean water and allow the surface to dry a minimum of 48 hours before painting. Wear protective glasses or goggles, waterproof gloves, and protective clothing. Quickly wash off any of the mixture that comes in contact with your skin. Do not add detergents or ammonia to the bleach/water solution. 2. Remove items including but not limited to thermostats, electrical outlets, switch covers and similar items prior to painting. After completing painting operations in each space or area, reinstall items removed using workers skilled in the trades involved. 3. No exterior painting should be done immediately after a rain, during foggy weather, when rain is predicted, or when the temperature is below 50 degrees F (10 degrees C), unless products are designed specifically for these conditions. On large expanses of metal siding, the air, surface and material temperatures must be 50 degrees F (10 degrees F) or higher to use low temperature products. 4. Pressure washing (if needed) Not To Exceed 600 PSI. B. Aluminum: Remove all oil, grease, dirt, oxide and other foreign material by cleaning per SSPC-SP1, Solvent Cleaning. C. Block (Cinder and Concrete): Remove all loose mortar and foreign material. Surface must be free of laitance, concrete dust, dirt, from release agents, moisture curing membranes, loose cement, and hardeners. Concrete and mortar must be Page 14 of 35

15 3.3 INSTALLATION cured at least 30 days at 75 degrees F (24 degrees C). The ph of the surface should be between 6 and 9, unless the products are designed to be used in high ph environments. On tilt-up and poured-in-place concrete, commercial detergents and abrasive blasting may be necessary to prepare the surface. Fill bug holes, air pockets, and other voids with a cement patching compound. D. Concrete, SSPC-SP13 or NACE 6: This standard gives requirements for surface preparation of concrete by mechanical, chemical, or thermal methods prior to the application of bonded protective coating or lining systems. The requirements of this standard are applicable to all types of cementitious surfaces including castin-place concrete floors and walls, precast slabs, masonry walls, and shotcrete surfaces. An acceptable prepared concrete surface should be free of contaminants, laitance, loosely adhering concrete, and dust, and should provide a sound, uniform substrate suitable for the application of protective coating or lining systems. E. Cement Composition Siding/Panels: Remove all surface contamination by washing with an appropriate cleaner, rinse thoroughly and allow to dry. Existing peeled or checked paint should be scraped and sanded to a sound surface. Pressure cleaned if needed, with a maximum of 600 psi pressure, to remove all dirt, dust, grease, oil, loose particles, laitance, foreign material, and peeling or defective coatings. Allow the surface to dry thoroughly. The ph of the surface should be between 6 and 9, unless the products are designed to be used in high ph environments. F. Copper and Stainless Steel: Remove all oil, grease, dirt, oxide and other foreign material by cleaning per SSPC-SP 2, Hand Tool Cleaning. G. Exterior Composition Board (Hardboard): Some composition boards may exude a waxy material that must be removed with a solvent prior to coating. Whether factory primed or unprimed, exterior composition board siding (hardboard) must be cleaned thoroughly and primed with an alkyd primer. H. Galvanized Metal: Clean per SSPC-SP1 using detergent and water or a degreasing cleaner to remove greases and oils. Apply a test area, priming as required. Allow the coating to dry at least one week before testing. If adhesion is poor, Brush Blast per SSPC-SP7 is necessary to remove these treatments. I. Wood: Must be clean and dry. Primed and painted as soon as possible. Knots and pitch streaks must be scraped, sanded, and spot primed before a full priming coat is applied. Patch all nail holes and imperfections with a wood filler or putty and sand smooth. Replacing wood rot with pressure treated wood as needed. A. Apply all coatings and materials with the manufacturer's specifications in mind. Mix and thin coatings according to manufacturer's recommendations. B. Do not apply to wet or damp surfaces. Wait until wood is fully dry after rain or morning fog or dew. C. Apply coatings using methods recommended by manufacturer. Page 15 of 35

16 3.4 PROTECTION D. Uniformly apply coatings without runs, drips, or sags, without brush marks, and with consistent sheen. E. Apply coatings at spreading rate required to achieve the manufacturers recommended dry film thickness. F. Regardless of number of coats specified, apply as many coats as necessary for complete hide, and uniform appearance. G. Inspection: The coated surface must be inspected and approved by the Architect just prior to the application of each coat. A. Protect finished coatings from damage until completion of project. B. Touch-up damaged coatings after substantial completion, following manufacturer's recommendation for touch up or repair of damaged coatings. Repair any defects that will hinder the performance of the coatings. 5.2 Inspection and Acceptance Inspection and acceptance shall be upon successful completion of installation by Vendor at destination. Until customer acceptance, risk of loss or damage shall remain with the Vendor. When a product is unacceptable for fitness of use or intended purpose or is non-conforming, the Customer shall notify the Vendor that the product is rejected and return the product to the vendor within ten days after notification of rejection. Upon rejection notification, the risk of loss of rejected or non-conforming product shall remain with the Vendor. The Vendor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 5.3 Task Completion Evidence Contractor shall maintain documentation to evidence completion of all tasks related to the performance of the Work. 5.4 Warranty Vendor will warrant workmanship and materials for one (1) year from t he date the Department inspects and accepts the Work as satisfactorily completed. 5.5 Financial Consequences The Department s contract manager shall review Contractor services as completed. If Contractor fails to perform specified tasks in accordance with the specifications, the Contract Manager shall not authorize payment. 5.6 Payment Payment shall not be made until the completion of the project and acceptance by the Department. Page 16 of 35

17 Bidder s price shall include all labor, equipment, supplies, and specified paint colors for the designated facility. The successful vendor shall submit work orders to Historical Resources personnel and others as requested in accordance with the bid specifications. Contractor must select the most cost effective method of preparing surfaces, mitigating wood-rot, filling holes whether from insects or piping, preparing surfaces for primer, and final coats of paint and finishing processes to meet requirements. SECTION 6 - PROCUREMENT RULES AND INFORMATION 6.0 General Instructions to Bidders (PUR 1001 (10/06)) The State of Florida PUR 1001 (10/06) General Instructions to Bidders, contains instructions explaining the solicitation process and the actions necessary to respond. The Department may attach additional materials specific to each particular solicitation, including but not limited to contact information, a solicitation timeline, a location for the public opening, evaluation criteria, required information regarding renewal of the contract, and any other necessary information. These additional instructions are commonly referred to as Special Instructions to Respondents. In the event of any conflict between Form PUR 1001 and additional Department instructions, the additional instructions shall take precedence over the Form PUR 1001 unless the conflicting term is required by any section of the Florida Statutes, in which case the term contained in PUR 1001 shall take precedence. 6.1 Pre-Bid Requirement: A Pre-Bid Conference will not be held. A MANDATORY Pre-Bid Site Visit is scheduled for 2:00 P.M. on December 5, 2013, at 329 N. Meridian Rd., in Tallahassee, Florida. A bidder sign-in sheet will be available at the time of the site visit. The sign in sheet will be used to document attendance. All bidders intending to offer a bid must sign the sign-in sheet before departing the site. During the mandatory Pre-Bid site visit, bidders are encouraged to note questions related to technical clarifications and are requested to formally submit these questions in writing in accordance with timing indicated in Section 3.3 Solicitation Timeline. Please reference Section 5 Questions, of the State of Florida PUR 1001 (10/06) General Instructions to Bidders for additional information related to oral discussions with State employees. Bids will only be accepted from those Bidders attending the pre-bid site visit. 6.2 Bid Submission Please see SECTION 8 BID FORMAT AND CONTENTS for Bid submission requirements. 6.3 Bid Opening A public bid opening will be conducted at the time and date specified in the Solicitation Timeline (SECTION 3 INTRODUCTION) in the Purchasing Office located at the R.A. Gray Building, 500 S. Bronough Street, Room 428, Tallahassee, Florida, Page 17 of 35

18 Bids received after this time and date will be rejected. Bids are to be submitted in a sealed envelope with the bid number and opening date and time identified on the outside. It is recommended that all bids be hand delivered or sent via certified mail or overnight courier to ensure timely delivery. Hand Delivered Bids - If you intend to hand deliver your bid at the time of the bid opening, allow sufficient time to gain access to the secured R.A. Gray Building and go to Room 428 and have your bid date stamped prior to the bid due time. Purchasing personnel will deliver all bids to the Purchasing Office conference room located in Room 428 at the time scheduled for the bid opening. Courier/Certified Mail Delivered Bids Verify with the delivery agent that the bid was delivered prior to the bid due time. After the public bid opening, the name(s) of all Bidders submitting bids shall be made available to interested parties upon request to the Procurement Officer listed in SECTION 4 SPECIAL INSTRUCTIONS 6.4 Bid Preparation Costs The Department is not liable for any costs incurred by a Bidder in responding to this ITB, including those for oral presentations, if applicable. 6.5 Bid Disposal All bids become the property of the State of Florida and will be a matter of public record subject to the provisions of Chapter 119, Florida Statutes. The State of Florida shall have the right to use all ideas, or adaptations of those ideas, contained in any bid received in response to this ITB. Selection or rejection of the bid shall not affect this right. 6.6 Bid Rejection The Department reserves the right to reject any or all bids failing to meet mandatory responsiveness requirements, or containing material deviations and to reject the bid of any Bidder not in a position to provide the required commodity and/or contractual service. Additionally, the Department reserves the right to re-solicit if in the best interest of the Department. 6.7 Mandatory Responsiveness Requirements Mandatory responsiveness requirements are terms, conditions or requirements that must be met by the Bidder to be responsive to this Invitation to Bid. Failure to meet these mandatory requirements will cause rejection of a bid. 6.8 Material Deviations The Department has established certain requirements with respect to bids to be submitted by Bidders. The use of shall, must, or will (except to indicate simple futurity) in this Invitation to Bid indicates a requirement or condition from which a material deviation may not be waived by the Department. A deviation is material if, in the Department's sole discretion, the deficient Page 18 of 35

19 response is not in substantial accord with this Invitation to Bid requirements, provides an advantage to one Bidder over other Bidders, has a potentially significant effect on the quantity or quality of items proposed, or on the cost to the Department or otherwise adversely impact the Department s interest. Material deviations cannot be waived and shall be the basis for rejection of a bid. 6.9 Minor Irregularities A minor irregularity is a variation from ITB terms which does not affect the price of the bid or give the Bidder an advantage or benefit not enjoyed by the other Bidders or does not adversely impact the interests of the Department. The Department reserves the right to waive any minor irregularities and correct computational errors in price extensions Price Determination It is the intent of the Department to award the Contract to the lowest price responsive and responsible Bidder in accordance with the Evaluation Criteria set forth in ATTACHMENT 1 REQUEST FOR PRICE INFORMATION sheet Evaluation Process In the event that the lowest price Bidder in accordance with the Evaluation Criteria is found non-responsive, the Department will proceed to the next lowest priced responsive and responsible Bidder and continue the award process. This process will continue until the Department is able to award a contract or until all eligible Bidders have been eliminated Incomplete REQUEST FOR PRICE INFORMATION Sheet(s) Any REQUEST FOR PRICE INFORMATION sheet(s) that is/are incomplete or in which there are significant inconsistencies or inaccuracies may be rejected by the Department. No deviations, qualifications, or counter offers will be accepted. The Department reserves the right to reject any and all bids. All calculations will be reviewed and verified. The Department may correct mathematical errors; however, in the event of any miscalculation, unit prices shall prevail Reference Checks Bidder must have three (3) previous jobs for painting documented historic structures; experience applying Secretary of the Interior s standard is preferred. If any of the Bidder s references indicate poor contract performance, the Department may, at its discretion, reject the Bidder s bid even if it determines that a responsive bid in full compliance with the bid specifications and conditions was submitted Identical Tie Bids/Drug Free Workplace In the event of identical bids from this ITB, preference shall be given to businesses with drugfree workplace programs (Rule 60A-1.011, F.A.C.). ATTACHMENT 3 IDENTICAL TIE BIDS describes such programs and how Bidders may obtain this advantage. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids Page 19 of 35

20 will be followed if none of the tied vendors have a drug-free workplace program. If your company currently has a drug-free workplace program that meets these criteria, please sign the form (ATTACHMENT 3 IDENTICAL TIE BIDS) and submit it with your bid response. In the event that the Department receives identical bids from two or more responsive Bidders with drug-free workplace programs, the final determination of the award shall be decided through the toss of a coin in a public meeting Total Price for Award Computation Total Price for Award will be computed by adding price extensions for Line items 1, 2, 3, 4 & Posting of Recommended Award The recommended award is anticipated to be posted on the Vendor Bid System for review by interested parties and at the Department of State s Purchasing Office located in Tallahassee, Florida, on or about the date shown in the Solicitation Timeline (Section 3.3) and will remain posted for a period of seventy-two (72) hours (three business days). Any Bidder who desires to protest the recommended award must file the appropriate documents with the Agency Clerk in the Department s Office of General Counsel, R.A. Gray Building, 500 S. Bronough Street, Tallahassee, Florida The Department shall not be obligated to pay for information obtained from or through any Bidder prior to entering into a contract with the successful Bidder Bidder s Response/Contract A Bidder s response to this Invitation to Bid shall be considered as the Bidder s formal offer. The sole agreement of the parties shall consist of a purchase order, incorporating the terms and provisions of this Invitation to Bid, the Bidder s response thereto, and any addenda properly issued. If there is a conflict in language, the Department s ITB will govern. The proposed contract/purchase order document that will be utilized for the resulting agreement will include an adequate description of the service, the contract period, the method of payment and contain at a minimum, where applicable, include, but not be limited to, a provision: (a) that bills for fees or other compensation for services or expenses be submitted in detail sufficient for a proper preaudit and postaudit thereof. (b) that bills for any travel expenses be submitted in accordance with s A state agency may establish rates lower than the maximum provided in s (c) allowing unilateral cancellation by the agency for refusal by the contractor to allow public access to all documents, papers, letters, or other material made or received by the contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of Article I of the State Constitution and s (1). Page 20 of 35

21 (d) specifying a scope of work that clearly establishes all tasks the contractor is required to perform. (e) dividing the contract into quantifiable, measurable, and verifiable units of deliverables, that must be received and accepted in writing by the contract manager before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and criteria for evaluating the successful completion of each deliverable. (f) specifying the criteria and the final date by which such criteria must be met for completion of the contract. (g) specifying that the contract may be renewed for a period that may not exceed 3 years or the term of the original contract, whichever period is longer, specifying the renewal price for the contractual service as set forth in the bid, proposal, or reply, specifying that costs for the renewal may not be charged, and specifying that renewals shall be contingent upon satisfactory performance evaluations by the agency and subject to the availability of funds. Exceptional purchase contracts pursuant to s (3)(a) and (c) may not be renewed. (h) specifying the financial consequences that the agency must apply if the contractor fails to perform in accordance with the contract. (i) addressing the property rights of any intellectual property related to the contract and the specific rights of the state regarding the intellectual property if the contractor fails to provide the services or is no longer providing services Late Bids Bids received after the date and time set for submission shall not be considered. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 21 of 35

22 SECTION 7 - SPECIAL CONDITIONS 7.0 Application of Special Conditions It is understood and agreed that section SECTION 7 - SPECIAL CONDITIONS are in addition to the General Contract Conditions (PUR 1000). If there is any conflict in language indicated in the State of Florida PUR 1000 (10/06) General Contract Conditions, and the Department s ITB, the Department s ITB will govern. 7.1 Order of Precedence All bids are subject to the terms and conditions of the following sections of this Invitation to Bid, which, unless otherwise specified, shall have the order of precedence listed: Technical Specifications Special Conditions Instructions to Bidders (PUR 1001) General Conditions (PUR 1000), and Introductory Materials 7.2 Contract Extensions There shall be only one contract extension, if necessary, provided the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the contractor (s (12)). Extension of a contract for contractual services shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. Extension shall be executed prior to the expiration of current contract and is effective on the last date signed. 7.3 Breach of Contract In the case of breach of contract on the part of the vendor, the Department reserves the right to cancel the contract and charge the vendor for the re-procurement of satisfactory service or product on the open market, or other remedies available to the Department pursuant to the provisions of the Uniform Commercial Code, Chapter 672, F.S., relating to the breach of express or implied warranties, including, but not limited to, warranties of fitness for a particular purpose or use. 7.4 Notice to Contractor The employment of unauthorized aliens by any contractor is considered a violation of Section 274A (e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this contract 7.5 Damages upon Termination The Department s exercise of the right to terminate shall not release the contractor from its obligation to pay damages incurred by the State due to any breach by contractor, including reprocurement costs, prior or subsequent to the notice of termination. Page 22 of 35

23 7.6 Invoices and Payments The Contractor agrees to submit invoices for compensation for delivery of products in detail sufficient for a proper pre-audit and post-audit thereof. Invoices will be paid upon receipt, inspection and acceptance of product(s). Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against the Department arising out of this Agreement or otherwise relating to the goods or services, except those previously made in writing and identified by Contractor as unsettled at the time of the final payment. 7.7 Department s Contract Manager The Department s Contract Managers information shall be provided upon contract execution. The Contract Manager will receive for the Department all invoices called for in this contract and will represent the Department in the technical phases of work. However, in no event shall any understanding, agreement, contract modification, or other matter in deviation from the terms, conditions, and specifications of this contract between the vendor and a person other than the Contract Manager be effective or binding upon the Department unless approved in writing by the Contract Manager. The Department shall notify the vendor in the event there is any change of Contract Manager. 7.8 Contractor Supervision Contractor shall provide Contract supervision (when applicable) and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. All communications given to the Contractor s supervisor shall be as binding as if given to the Contractor. The Department shall have the right to direct Contractor to remove and replace its supervisor, with or without cause. Contractor shall provide name and phone number of Contract Supervisor assigned to the project prior to commencement of work. 7.9 Contractor s Expenses The successful Bidder shall pay for all licenses, permits, taxes, and inspection fees or similar charges required for this Contract, and shall comply with all laws, ordinances, regulations, and any other requirements applicable to the work to be performed under this Contract Governing Law and Venue This Contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with the laws, rules and regulations of the State of Florida. Any action hereon or in connection herewith shall be brought in Leon County, Florida Records Records Audit - The successful Contractor agrees to maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the Department under this Contract. Further, the successful Contractor agrees to allow the Department or the Office of the Auditor General access to all documentation and Page 23 of 35

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