Request for Proposal: Annual Unit Cost Prequalification Proposal for Asbestos Abatement

Transcription

1 Regional Capital Assistance Team Northeast (RCAT NE) Request for Proposal: Annual Unit Cost Prequalification Proposal for Asbestos Abatement Proposal Due Date: December 14, 2017 at 2:00 p.m. November 1, 2017

2 RCAT NE TABLE OF CONTENTS Annual Unit Cost Prequalification Proposal for Asbestos Abatement: Not to Exceed $25,000 per Individual Contract Cover Page 1 Table of Contents 2 Part 1 - Bidding Documents 1. - Advertisement Instructions to Bidders 4-7 3A. - Bid Form: Attachment A Technical Proposal 8 Bidder s Qualifications 8-12 References Form B. - Bid Form: Attachment B Price Proposal 14 Form of Bid Debarment Letter Proposal Forms (Not required at time of bid) RCAT NE - Contractor Proposal Certificate of Authority - Corporate 20 Certification of Tax Compliance Conditions of the Proposal Special Conditions Commonwealth of Massachusetts & RCAT NE Work Specifications ATTACHMENTS 1. - Wage Rate Requirements 42 Department of Labor Minimum Wage Rates Notice to Awarding Authorities 80 Statement of Compliance 81 Weekly Payroll Report Form 82 END OF SECTION Project Manual #15-17 Annual Asbestos Removal Page 2 of 82

3 Request for Proposal: RCAT NE Annual Unit Price Prequalification For Asbestos Abatement: Not to Exceed $25,000/ Proposal The RCAT NE is Requesting Unit Price Proposals to Prequalify Asbestos Contractors on a Prequalified List of 4 Contractors, for work at 57 Housing Authorities in Essex and Middlesex Counties. The Housing Authorities will then meet Procurement requirements by selecting 3 Contractors from the Prequalified list to give individual proposal bids, using Unit Price Proposals as maximum costs, for projects not to exceed $25,000 each. The lowest responsive bidder will be awarded each proposal. Bids will be received until: 2:00pm, Thursday, December 14, 2017 at the RCAT NE, 10 Wilson Street, Chelmsford, MA 01824, sent by sent to ssmith@chelmsfordha.com, or Bid Files uploaded electronically at Bids will not be accepted nor may submitted bids be corrected, modified or withdrawn after the deadline for bids. Proposal Documents will be available at massrcat.com/contractors-ne/or for pickup at the RCAT NE after 10:00 a.m., November 27, A Proposal Review Meeting will be held on Thursday, December 7, 2017 at 10:00AM at 10 Wilson Street, Chelmsford, MA All Bids must be accompanied by a copy of the Reference Form in these Specifications completed and signed by the bidder. All Asbestos bidders must be licensed by the Department of Labor and Workforce Development (M.G.L. c.149, 6B). Scope of Work: Consists of Work Items at Unit Prices submitted in the Form For Bid that is a part of this Request for Proposals. The bidder agrees to hold the given prices, as maximum prices, for one year, for individual proposals solicitated by Massacusetts Public Housing Authorities within Essex and Middlesex counties, within the given 1 year period. Base Bid : Estimate not to exceed $25,000 per Housing Authority. The scope of work under this proposal is to be initiated within a 1 year period, quantities as requested by the awarding Authority, not to exceed $25,000 within this period. Award shall be made to the bidder with the lowest total proposal price deemed responsible and eligible. All bids shall be submitted as one ORIGINAL. All bids are subject to the provisions of M.G.L. Chapter 149, Section 44 A-J. Wages are subject to minimum wage rates determined by the Massachusetts Department of Labor and Industries pursuant to M.G.L. Chapter 149, Sec. 26 to 27H. The schedule of wage rates applicable to this proposal is included in the bidding documents. In addition, the prevailing wage schedule will be updated annually for all public construction projects lasting longer than one (1) year. You will be required to pay the rates set out in any updated prevailing wage schedule. Increases in prevailing wage schedules will not be the basis for change order requests. The successful bidder will be required to provide a Certificate of Insurance demonstrating current coverage of the type and amounts set forth in the Project Manual. All RCAT NE bids are available on the RCAT NE s web site at massrcat.com/contractors-ne/. It is the sole responsibility of the Contractor downloading these bids to ensure they have received any and all addenda prior to the bid opening. Addenda will be available online at massrcat.com/contractors-ne/. If you download bids from the internet site and would like to make it known that your company has done so, you may fax the RCAT NE. (978) or to with your NAME, ADDRESS, PHONE, FAX AND INVITATION FOR BID The RCAT NE will reject any and all bids in accordance with the above referenced Laws. In addition, the RCAT NE reserves the right to waive minor informalities in any or all bids, or to reject any or all bids (in whole or in part) if it be in the public interest to do so. RCAT NE November 6, 2017 Bernie Kirstein RCAT NE, Director Project Manual #15-17 Annual Asbestos Removal Page 3 of 82

4 ARTICLE 1 - BIDDER'S REPRESENTATION RCAT NE INSTRUCTIONS TO BIDDERS 1.1 Each Bidder (hereinafter called the "Bidder") by making a bid (hereinafter called "bid") represents that: 1. The Bidder has read and understands the Bidding Documents, Proposal Forms, Conditions, Conditions of the Proposal, Requirements and Project Specifications (collectively, referred to as the Proposal Documents ) and the bid is made in accordance therewith. 2. The Bidder is familiar with the local conditions under which the work has to be performed. 1.2 Failure to so examine the Proposal Documents and local conditions will not relieve any Bidder from any obligation under the bid as submitted. ARTICLE 2 - REQUEST FOR INTERPRETATION 2.1 Bidders shall promptly notify the RCAT NE of any ambiguity, inconsistency, or error which they may discover upon examination of the Proposal Documents, the site, and local conditions. 2.2 Bidders requiring clarification or interpretation of the Proposal Documents shall make a written request to the Sharon Smith at ssmith@chelmsfordha.com. The RCAT NE will answer such requests if received by Monday, December 11, 2017 at 12:00 noon. In the event that the bid opening date is changed, the deadline for informational requests may also change as provided in an addendum issued by the RCAT NE. 2.3 Interpretation, correction, or change in the Proposal Documents will be made by addendum which will become part of the Proposal Documents. The RCAT NE will not be held accountable for any oral communication. 2.4 Addenda will be available to be viewed at the bidding website: massrcat.com/contractors-ne/. Receipt of all addenda issued must be acknowledged in the Bid Form. YOUR FAILURE TO ACKNOWLEDGE ALL ADDENDA MAY RESULT IN YOUR BID BEING REJECTED AS NON-RESPONSIVE. 2.5 Copies of addenda will be made available for inspection at massrcat.com/contractors-ne/. 2.6 Bidders or proposers contacting ANY RCAT NE EMPLOYEE regarding an Invitation for Bid (IFB) or a Request for Proposal (RFP), outside of the RCAT NE, once an IFB or RFP has been released, may be disqualified from the procurement process. 2.7 Bidders downloading information off the internet web site are solely responsible for obtaining any addenda prior to the bid opening. If the bidder makes itself known to the RCAT NE, at ssmith@chelmsfordha.com or via facsimile (978) , it shall be placed on the bidder s list. Bidders must provide the RCAT NE with their company s name, street address, state, zip, phone, fax, address. 3 Qualifications 3.1 Maintain a permanent place of business and shall be certified to do business in Massachusetts as evidenced by a State of Massachusetts License; 3.2 Have been in the asbestos abatement business for at least three years; 3.3 Be bondable before and during this proposal; 3.4 Maintain appropriate levels of liability and specialized abatement and pollution insurance at all times as specified during this proposal; 3.5 Have preferred experience with state agencies; 3.6 Have preferred experience with the Indefinite Quantities (IDQ) proposal format; 4

5 3.7 Provide evidence of appropriate licenses necessary to perform this work; 3.8 Demonstrate to the satisfaction of the RCAT NE that employees who will be used on any Massachusetts Public Housing Project project are properly trained, certified and experienced in asbestos abatement services; 3.9 Submit all required documentation, including the Bidder s Qualifications and References Form and RCAT NE Questionnaire. 1. Evaluation Bids will be evaluated by RCAT NE. Unit prices will be evaluated using a variety of past and/or hypothetical project(s) to determine project totals. The determination of ranking of the bids according to these criteria rests with the Supervisor of Purchasing whose final judgment will not be grounds for appealing the proposal award. Technical Proposal 60 Points Registered in State of Massachusetts Length of time the business has done asbestos abatement work Experience with work conducted at Massachusetts Public Housing Authorities Experience with Unit Price proposals Insurance Coverage Bonding capability Firm s permanent staffing levels Employees certification(s), experience Experience of in-house project designer Absence of Citations References Pricing Proposal Pricing 40 Points Total: 100 Points 2. Award a. The proposal shall be awarded based on the evaluation of the Technical and Cost proposals. Final ranking will be made on the basis of the criteria and rubric listed above. It is the intent of RCAT NE to award the bid to multiple Contractors. Complete discretion is reserved by RCAT NE in determining completeness and/or timeliness of proposals, advantages attributable to acceptance of higher prices, allowance of submission of additional data or information and any other procedures determined by the RCAT NE to suit its best interest. b. The Board reserves the right to reject any/or all proposals in whole or in part without explanations, to waive any informalities in the bids, to make partial awards, to waive any irregularity in any quotation and may reject any proposal that shows an omissions or alterations of form, additions not called for, and conditions or alternate proposals. The Board may award the Proposal to the bidder who proves to be qualified as to financial responsibility, reputation and ability to carry out the obligations of the Proposal and is deemed to be in the best interest of the Board. Bid forms, which are not complete in accordance with instructions, may be considered nonresponsive. SECTION III PROPOSAL FORMAT AND SUBMISSION 1. Proposal Format The format outlined in the RFP must be adhered to in your proposal. A responsive proposal will consist of the following documents completed: Technical Proposal (Envelope #1) a. Introductory Cover Letter b. Contractor Qualification Statement (Below) c. Contractor Reference Form 5

6 d. Certificate of Eligibility for Asbestos Abatement (DCAM Form CQ7) Pricing Proposal (Envelope #2) a. Form for Bid b. Proposal Agreement 2. Proposal Submission a. The Technical and Price Proposal Proposals must be submitted separately in sealed envelopes clearly marked Technical Proposal and Price Proposal (The envelopes may be sent in the same box or package). The Price Proposal will remain sealed until RCAT NE determines if your firm s submission is satisfactory according to the technical evaluation criteria of this RFP document. For this reason, a Proposal that is not organized and submitted as separate and distinct Technical and Price proposal sections will result in disqualification. b. Proposal shall be submitted or hand delivered by the time and date listed on the coversheet to RCAT NE, 10 Wilson St., Chelmsford, MA, 01824, or ed to ssmith@chelmsfordha.com as two separate files, (as a Technical file and a Pricing File). 1. The Sealed Technical Proposal (including all Signature pages) must include the following: Quantity Original: One (1) 2. The Sealed Cost Proposal must include the following: Quantity Original: One (1) c. Due to possible changes and/or additions to the specifications, proposals should not be mailed until after the question period ends. All changes will be processed through addenda to this solicitation package. d. All inner and outer envelopes and packaging, used by Fed Ex, UPS and etc., should be labeled with the bid name, bid number, and due date/time. This will help assure timely receipt of bids in the Purchasing Department. Bids not received in time due to improper labeling will be considered non- responsive. e. All forms must be properly completed and where applicable signed by an officer or principal of the company. f. If the qualifications proposal is deemed incomplete or indicates unacceptable staffing, experience or skills, RCAT NE will not open the price proposal; the price proposal would be returned unopened to the bidder. g. The time/date for opening of Price Proposals will not be publicly announced. Information contained in the qualifications proposals will not be released to the public until a final decision is made by RCFAT NE. ARTICLE 4 - PREPARATION AND SUBMISSION OF BIDS 4.1 Bids shall be submitted on the "Bid Form" as appropriate, furnished by the RCAT NE. 4.2 Where so indicated on the Bid Form, sums shall be expressed in both words and figures. Where there is a discrepancy between the bid sum expressed in words and the bid sum expressed in figures, the words shall control. 4.3 Date and time for receipt of bids is set forth in the Invitation for Bids. 4.4 Timely delivery of a bid at the location designated shall be the full responsibility of the Bidder. In the event that the RCAT NE Hall is closed on the date or at the time that bids are due, the date and time for receipt of bids shall be on the next business day following that the RCAT NE offices are open. 4.5 Bids shall be submitted with one original. 4.6 Be advised that a new Massachusetts law has been enacted that required all employees who work on Massachusetts public works construction sites must have no less than 10 hours of OSHA-approved safety and health training. See Chapter 306 of the Acts of 2004, which became effective July 1,

7 1. This requirement will apply to any bid or sub bid submitted. 2. This law directs the Massachusetts Attorney to restrain the award of construction proposals to any Contractor who is in violation to this requirement and to restrain the performance of these proposals by non-complying Contractors. 3. The Contractor and all subcontractors on this project will be required to provide certification of compliance with this requirement. Non-compliance with this law will disqualify you from bidding on public proposals. ARTICLE 6 - WITHDRAWAL OF BIDS 6.1 Any bid may be withdrawn prior to the time designated for receipt of bids on written or electronic request. Electronic withdrawal of bids must be confirmed over the Bidder's signature by written notice postmarked on or before the date and time set for receipt of bids. 6.2 Withdrawn bids may be resubmitted up to the time designated for the receipt of bids. 6.3 No bids may be withdrawn within sixty (60) days, Saturdays, Sundays and legal holidays excluded, after the opening of the bids. ARTICLE 7 - PROPOSAL AWARD 7.1 The RCAT NE reserves the right to waive minor informalities in or to reject any or all Bids if it be in the public interest to do so. 7.2 The RCAT NE reserves the right to reject any bidder who has failed to pay any local taxes, fees, assessments, betterments, or any other municipal charge, unless the bidder has a pending abatement application or has entered into a payment agreement with the collector-treasurer. 7.3 As used herein, the term "lowest responsible and eligible Bidder" shall mean the Bidder (1) whose bid is the lowest of those bidders possessing the skill, ability and integrity necessary for the faithful performance of the work; (2) who has met all the requirements of the invitation for bids; (3) who shall certify that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (4) who, where the provisions of section eight B of chapter twenty-nine apply, shall have been determined to be qualified thereunder. 7.4 In the event that the RCAT NE receives low bids in identical amount from two or more responsive and responsible Bidders, the RCAT NE shall select the successful Bidder by a blind selection process chosen by the RCAT NE such as flipping a coin or drawing names from a hat. The low Bidders who are under consideration will be invited to attend and observe the selection process. ARTICLE 8 - TAXES 8.1 The Bidder shall not include in this bid any tax imposed upon the sale or rental of tangible personal property in this Commonwealth, such as any and all building materials, supplies, services and equipment required to complete the work. 8.2 The RCAT NE is exempt from payment of the Massachusetts Sales Tax, and the Bidder shall not include any sales tax on its bid. The RCAT NE s exemption Number is E ARTICLE 9 PROPRIETARY SPECIFICATIONS 9.1 The RCAT NE has used a proprietary specification to describe the supply listed in the specifications. Such specifications are permitted under M.G.L. c. 30, 39M(b), provided that the RCAT NE state in writing that use of the proprietary specification is in its best interest and that it will accept an equal of the item specified. An item is considered equal if (i) it is at least equal in quality, durability, appearance, strength, and design; (ii) will perform the intended function at least equally; and (iii) conforms substantially, even with deviations, to the detailed requirements contained in the specifications. Bidders wishing to provide an equal item should do so with their bids. The RCAT NE shall have the sole right to determine whether or not said item is equal. 9.2 The required determination and justification have been duly prepared, and a copy may be requested in accordance with the Massachusetts Public Records Law, M.G.L. c. 66, 10. END OF SECTION 7

8 PART A: TECHNICAL PROPOSAL (4 Items) Cover Letter Brief descriptive letter identifying Contractor Experience and Capacity. Contractor Qualification Statement (Below) Reference Form (Below Qualification Statement): Certificate of Eligibility for Asbestos Abatement (DCAM Form CQ7) CONTRACTOR S QUALIFICATION STATEMENT 1 CONTACT INFORMATION 1.1 Organization (Complete Only If a Branch Office Will Be Providing Services to RCAT NE) Company Name: Corporate Federal ID Number: DUNS Number: Address: City: State: Zip: Phone: Address for sending PO's: Website Address: Fax: ALL BIDDERS MUST COMPLETE THE REMAINDER OF THIS FORM 1.2 Main Contact for the Person Administering this Proposal: Name: Title: Address: Phone: 1.3 Other Company Contacts: Name: Title: Address: Phone: Name: Title: Address: Phone: If RCAT NE is required to use MBE certified subcontractors on a project, do you agree to make a good faith effort to attempt to achieve the goals that would be defined by that project and to submit the requisite MBE paperwork? 8

9 2 COMPANY INFORMATION 2.1 Number of years in the asbestos abatement business: 2.2 List all the materials that your company is licensed to abate: 2.3 Include a copy of your license to do business in the State of Massachusetts: 2.4 Include a copy of your State of Massachusetts license for Asbestos Removal/Encapsulation 3 EXPERIENCE 3.1 Has your company ever been debarred from doing business with any federal/state/county/city government? If yes, explain: 3.2 Have you performed any proposal work for Public Housing in the last five years? If so, list the project(s) / date(s). 3.4 Use the attached form (next page) to list all permanent employees on your payroll (i.e., project managers, field supervisor, certified technician, and licensed technicians for other abatement media). Include their category of work, their name, title, year of hire by your company, type of certifications, and license #s (if applicable) or dates of expiration. 9

10 EMPLOYEE LIST: NAME TITLE Year of Hire Type of Certification Certification # Expiration Date 10

11 3.6 Submit the resumes of all key employees the abatement Contractor intends to use Provide the names and contact information of at least two air monitoring/industrial firms, which have overseen or provided air monitoring for projects performed by your firm in the past two years. RCAT NE will contact them as references Company: Contact: Title: Address: Company: Contact: Title: Address: Phone: Phone: 4 FINANCING, BONDING AND INSURANCE 4.1 Submit a copy of your company s certificate of insurance with this application to show evidence of current coverage. The following questions should also be answered. 4.2 If awarded this proposal, do you agree to obtain, at your cost, and provide evidence of, abatement coverage on an occurrence basis or a claims made basis (for a minimum of two years after completion of project), as well as pollution insurance covering asbestos, in the limits stated in these specifications, during the life of this proposal? 4.3 Has the firm ever been denied or been unable to receive bonding? If yes, explain: 4.4 Give the maximum value of proposal work for which you could obtain a bond during the fiscal year: 100

12 5 CITATIONS 5.1 List any state, federal or local regulatory violations and/or citations and their resolution that have been issued to this branch or corporate office in the last three (3) years. Provide the value of any judgments or liens outstanding against your organization (use additional paper if needed): If the response to question 5.1 is not applicable or none, the following statement must be submitted and signed by an officer of the firm: I Name of Corporate Officer hereby certify that Name of Firm has not received any federal, state, or local regulatory violations or citations within the last three years. Signature Title Date 6 SIGNATURE I, the undersigned, hereby certify that the information contained within this supplemental questionnaire is true and is a correct statement of facts. I further affirm that the employees listed in this application are full time, properly trained, and certified employees of our firm and not part time, proposal, or temporary employees. I further certify that the undersigned shall abide by and be subject to all applicable federal, state, and local laws and relations pertaining to any subsequent proposal that may be issued. Printed Name Title Authorized Signature Date 101

13 BIDDER'S REFERENCES FORM All questions must be answered, and the data given must be clear and comprehensive. Please type or print legibly. If necessary, add additional sheet for starred items. This information will be utilized by the Chelmsford Housing Authority for purposes of determining bidder responsiveness and responsibility with regard to the requirements and specifications of the Proposal. 1. FIRM NAME: 2. WHEN ORGANIZED: 3 INCORPORATED? YES NO DATE AND STATE OF INCORPORATION: 4. IS YOUR BUSINESS A MBE? YES NO WBE? YES NO or MWBE? YES NO * 5. LIST ALL PROPOSALS CURRENTLY ON HAND, SHOWING PROPOSAL AMOUNT AND ANTICIPATED DATE OFCOMPLETION: * 6. HAVE YOU EVER FAILED TO COMPLETE A PROPOSAL AWARDED TO YOU? YES NO IF YES, WHERE AND WHY? * 7. HAVE YOU EVER DEFAULTED ON A PROPOSAL? IF YES, PROVIDE DETAILS. YES NO * 8. IN THE SPACES FOLLOWING, PROVIDE INFORMATION REGARDING PROPOSALS COMPLETED BY YOUR FIRM SIMILAR IN NATURE TO THE PROJECT BEING BID. A MINIMUM OF FOUR (4) PROPOSALS SHALL BE LISTED. PUBLICLY BID PROPOSALS ARE PREFERRED, BUT NOT MANDATORY. PROJECT OWNER: CHELMSFORD HOUSING AUTHORITY/STATE: NAME: PROJECT NAME: OWNER: CHELMSFORD HOUSING AUTHORITY/STATE: DOLLAR AMOUNT: $ PUBLICLY BID? TYPE OF WORK?: YES NO DATE COMPLETED: CONTACT PERSON: CONTACT PERSON'S RELATION TO PROJECT?: TELEPHONE #: ( ) (i.e., proposal manager, purchasing agent, etc.) 101

14 PROJECT NAME: OWNER: CHELMSFORD HOUSING AUTHORITY/STATE: DOLLAR AMOUNT: $ PUBLICLY BID? TYPE OF WORK?: YES NO DATE COMPLETED: CONTACT PERSON:_ CONTACT PERSON'S RELATION TO PROJECT?:_ TELEPHONE #: ( ) (i.e., proposal manager, purchasing agent, etc.) PROJECT NAME: OWNER: CHELMSFORD HOUSING AUTHORITY/STATE: DOLLAR AMOUNT: $ PUBLICLY BID? TYPE OF WORK?: YES NO DATE COMPLETED: CONTACT PERSON: CONTACT PERSON'S RELATION TO PROJECT?: TELEPHONE #:( ) (i.e., proposal manager, purchasing agent, etc.) 10. The undersigned certifies that the information contained herein is complete and accurate and hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Chelmsford Housing Authority in verification of the recitals comprising this statement of Bidder's qualifications and experience. DATE: BIDDER: SIGNATURE: PRINTED NAME: TITLE: END OF SECTION 101

15 PART B: PRICING PROPOSAL RCAT NE FORM FOR BID To the Regional Capital Assistance Team Northeast (RCAT NE): A. The undersigned proposes to furnish all labor and materials required for Asbestos Removal Requirements Based Proposal in Enfield, Massachusetts in accordance with the accompanying specifications prepared by the RCAT NE for the proposal price specified below. This bid includes addenda number(s),,,, Removal /Abatement of Product Units Unit of Measure Maximum Unit Price Initial Set-up Cost for Each Project Mobilization Per Each Proposal $ Removal of pipe insulation-straight Per linear foot $ Removal of pipe insulation-fittings, elbows, Ts, etc. Each $ Removal of pipe insulation-straight (glove bag method) Per bag $ Removal of pipe insulation-fittings, elbows, Ts, etc. (glove bag method) Per bag $ Removal of duct transition cloth (flexible connector) Per square foot $ Removal of duct and tank insulation Per square foot $ Removal of boiler and breeching insulation Per square foot $ Removal of ceiling tile- drop in Per square foot $ Removal of ceiling tile- glued Per square foot $ Removal of ceiling tile- track system Per square foot $ Removal of 9" x 9" floor tile Per square foot $ Removal of 12" x 12" floor tile Per square foot $ Removal of floor tile mastic Per square foot $ Removal of linoleum/sheet goods Per square foot $ Removal of plaster/troweled on ACM Per square foot $ Removal of spray applied fireproofing Per square foot $ Removal of floor tile under carpet Per square foot $ Removal of tank linings Per square foot $ Removal of transite soffit and siding up to 10' high Per square foot $ Removal of transite window sill. Per lineal foot $ Removal of transite soffit and siding 10'- 20' high Per square foot $ Labor Rates for Set up and Clean Up Unit of Measure Maximum Unit Price Supervisor + 3 person team, routine hours (7am-11pm) Per crew, per hour $ 15

16 Supervisor+ 3 person team, non-routine hours (11pm-7am or holidays) Per crew, per hour $ Licensed abatement worker, routine hours (7am-11pm) Per hour $ Licensed abatement worker, non-routine hours (11pm-7am or holidays) Per hour $ Licensed mold abatement worker, routine hours (7am-11pm) Per hour $ Licensed mold abatement worker, non-routine hours (11pm-7am or holidays) Per hour $ Licensed lead abatement worker, routine hours (7am-11pm) Per hour $ Licensed lead abatement worker, non-routine hours (11pm-7am or holidays) Per hour $ Disposal Unit Costs Unit of Measure Maximum Unit Price Disposal per container (bag, drum, etc.) Per each $ Disposal per 40 cubic yard dumpster Per each $ Disposal per 100 cubic yard dumpster Per each $ Use of containment shower, one time charge per project Each $ Percentage mark up for approved rental equipment Value % TOTAL SUM OF ALL MAXIMUM UNIT PRICES (35) Total of all Maximum Unit Prices from Removal of pipe insulation-straight through PCM Sampling and Testing-4 Hour Results = $ Base Price (The Total Sum of all Maximum Unit Prices): $ Written proposal price The above pricing is to include disposal fees and notification fees to Federal and State Agencies, Mobilization Costs and overhead and profit. The undersigned has completed and submits herewith the following documents: Envelop #1 : Technical Proposal o Certificate of Eligibility for Asbestos Abatement (DCAM Form CQ7) Envelop #2 : Price Proposal The undersigned agrees that, if s/he is selected as Contractor, s/he will within five days, (for an annual blanket proposal, Saturdays, Sundays and legal holidays excluded, after presentation thereof 16

17 by the awarding authority, execute a proposal in accordance with the terms of this bid. Individual / per job proposals may be executed for under $25,000 in total proposed work during the one year period following the acceptance of status as an RCAT NE approved Contractor, at the given unit pricing submitted with this bid form, (or lower). The undersigned hereby certifies that s/he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work and that s/he will comply fully with all laws and regulations applicable to awards made subject to section forty-four A of M.G.L. Chapter 149. The undersigned certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (2) that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration ( OSHA ) that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and (3) that all employees to be employed in the work subject to this bid have successfully completed a course in construction safety and health approved by the United States OSHA that is at least 10 hours in duration. The undersigned understands that any employee found on a worksite subject to this section without documentation of successful completion of a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration shall be subject to immediate removal. The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word "person" shall mean any natural person, joint venture, partnership, corporation or other business or legal entity. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the Laws or any rule or regulation promulgated thereunder. Date (Name of Bidder) BY: (Signature) (Printed Name and Title of Signatory) (Business Address) (RCAT NE, State Zip) NOTE: If the bidder is a corporation, indicate state of incorporation under signature, and affix corporate seal; if a partnership, give full names and residential addresses of all partners; and if an individual, give residential address if different from business address. 17

18 PROPOSAL FORMS The awarded bidder will be required to complete and submit documents substantially similar in form to the following. These forms may need to be modified on account of changed circumstances, and are provided for informational purposes only. 18

19 RCAT NE - CONTRACTOR PROPOSAL THIS AGREEMENT made this day of in the year Two Thousand and Seventeen by and between the RCAT NE, a state agency organized and existing under the laws of the Commonwealth of Massachusetts, hereinafter referred to as the RCAT NE, acting through its Chief Procurement Officer, but without personal liability to him, and hereinafter referred to as the CONTRACTOR. The parties hereto for the considerations hereinafter set forth agree as follows: The initial proposal shall be in force for a period of one (1) year, beginning January 1, 2018 and ending December 31, Base Bid Scope of Work. The Contractor shall agree to furnish all labor, materials and equipment, and perform all work as required in strict accordance with the Proposal Documents, using unit pricing submitted under the Form for Bid of these specifications, for individual project bid submissions submitted by 57 Housing Authorities, that are members of the Regional Capital Assistance Team NE, for individual projects not to exceed $25,000, or for single blanket Proposals for a specified quantity of work at given maximum unit pricing submitted under the Form for Bid, not to exceed $25,000 during the one year term of this proposal. I. PROPOSAL DOCUMENTS. The Proposal documents consist of the following documents that are either attached to this Agreement or are incorporated herein by referenced: a. This RCAT NE-CONTRACTOR Agreement; b. The RCAT NE's Invitation, Proposal Specifications dated November 1, 2017 issued by the RCAT NE; c. The Project Manual for Annual - Asbestos Removal Requirements Base Proposal including the Instructions to Bidders; Conditions; Special Conditions; MWBE/AA Requirements, Wage Rate Requirements and Wage Rate Schedule(s) including any updated prevailing wage rate schedules if applicable; The Supplementary Special Conditions; Requirements and Project Specifications; and Drawings, if included or referenced therein; d. Addenda Number(s) ; e. The Bid Response of the CONTRACTOR submitted for this Project and accompanying documents and certifications; f. Duly authorized and executed Amendments, Change Orders or Work Orders issued by the RCAT NE after execution of this RCAT NE-CONTRACTOR Agreement. This RCAT NE-CONTRACTOR Agreement, together with the other documents enumerated in this Article, constitute the entire Agreement between the RCAT NE and the CONTRACTOR. II. PRIORITY OF DOCUMENTS. In the event of inconsistency between the terms of this RCAT NE - CONTRACTOR Agreement and the Project Manual, the terms of this Agreement shall prevail. III. APPLICABLE STATUTES. All applicable federal, state and local laws and regulations are incorporated herein by reference and the Contractor agrees to comply with same. IV. PROPOSAL TERM. The term of the awarded proposal shall extend from January 1, 2018 through December 31, The RCAT NE shall have the option, at its sole discretion, to renew this proposal for two (2) additional one (1) year terms, with no change in the proposal price and terms and conditions. The exercise of each option to renew shall be subject to appropriation and /or continuation of funding. If for any fiscal year or any part thereof during the term of this Agreement, funds for the discharge of the RCAT NE s obligations under this Agreement are not appropriated and authorized, or funds so appropriated and authorized are reduced or withdrawn, then this Agreement shall terminate. V. SCHEDULED PROJECTS: 19

20 The minimum order for services under this proposal will be approximately $500. All awarded Contractors will be solicited to submit a quote proposal for projects estimated to exceed $10,000. The sponsoring department designee will: Notify the awarded vendor(s) by telephone, or , of a planned project(s). Set a pre-quote meeting date (with at least 48 hours notice) for a site visit for the project. During the visit, staff will define the scope of work, the project schedule (including start and finish dates), and answer any project specific questions. If available, the designee will furnish plans showing locations of work. Provide a due date and time for price quotes (giving at least 48 hours) for that specific project. Award the specific project to the lowest responsive, responsible bidder for the project with consideration given to the Contractor s ability to meet the completion schedule. The designee will Issue a purchase order, after which work may commence. The Contractor will: Be responsible to take all of their own measurements. If interested, the Contractor(s) will be required to submit (in hard copy or via , as determined by the proposal administer) the following, referencing Bid # Project Location by the date and time specified by the sponsoring department designee at the pre-quote meeting: A proposed written schedule A cost estimate The method of abatement The Contractor must provide the name(s) and current AHERA certificates for the project designer and other authorized individuals for each project submission unless they are already on file. For a given project, the appropriate units of labor and/or materials from this bid and the estimated quantity of each will be identified by the Contractor. Pricing for units of labor, materials, or equipment, which are not specifically listed herein, will be list by line with detail. The unit total of all lines, including additional items, will be added together to establish an estimated total project cost. Obtain all required permits from the local and State authorities if applicable and required. Contractor must provide evidence of all permits and approvals to RCAT NE prior to beginning any removal activities. If awarded the Contractor will provide the Department of Environmental Protection 10 Day Notice of abatement work. If awarded, confine its apparatus, storage of materials and operations of workmen to the limits indicated by RCAT NE. If awarded, the Contractor must keep the premises free from accumulations of work material and rubbish. Respond to every RFQ, if the Contractor is unable to provide a quote for any reason, the proposal must submit a No Quote response. An awarded vendor that does not respond to request for proposals on more than three occasions may be subject to proposal termination and/or non-renewal. a. In the development of price quotations, the maximum unit prices submitted and awarded under this UPC may not be exceeded, but can be reduced at the discretion of the offeror on a competitive per project basis. The sum total of all units extended will be the total price quote for each project. b. In cases of non-performance, liquidated damages may be deducted from the final invoice. Extensions may be granted if the delay in completing the project were not the fault of the Contractor. VI. VII. AUTHORIZATION OF AND PAYMENT FOR WORK PERFORMED. The execution of this proposal does not constitute a notice to proceed or authorization to perform work. No work shall be commenced unless authorized by a written Work Order prepared by RCAT NE Public Buildings Department specifying the work to be performed. The Contractor will be paid following completion and acceptance of the work authorized in accordance with the Proposal. The RCAT NE will use best efforts to pay within thirty (30) days of receipt of an invoice for the work authorized or acceptance of the work whichever date is later. RESPONSIBILITY FOR THE WORK/INDEMNIFICATION. The Contractor shall take all responsibility for the 20

21 work, and shall take all precautions for preventing injuries to persons and property in or about the work and shall defend, indemnify and hold the RCAT NE harmless from all loss, cost, damage or expense arising from injuries to persons or property in or about the work. The Contractor shall be responsible for any damage which may be caused by the failure or insufficiency of any temporary works. He shall effectively protect his work and shall be liable for all damage and loss by delay or otherwise caused by his neglect or failure so to do. VIII. IX. WARRANTY. Except as may be otherwise provided in the Project Manual, the Contractor shall replace, repair or make good, without cost to the RCAT NE, any defects or faults arising within one (1) year after date of acceptance of work and materials furnished hereunder (acceptance not to be unreasonably delayed) resulting from imperfect or defective work done or materials furnished by the Contractor. PATENT INDEMNIFICATION. The Contractor agrees to assume the defense of and shall indemnify and save harmless the RCAT NE and all persons acting for or on behalf of it from all suits and claims against them, or any of them, arising from or occasioned by the use of any material, equipment or apparatus, or any part thereof which infringes or is alleged to infringe on any patent rights. In case such material, equipment or apparatus, or any part thereof, in any such suit is held to constitute infringement, the Contractor, within a reasonable time, shall at its own expense, and as the RCAT NE may elect, replace such material, equipment or apparatus with non-infringing material, equipment or apparatus, or remove the material, equipment, or apparatus and refund the sums paid therefor. X. ASSIGNMENT/SUB-CONTRACTING. The Contractor agrees that he will not sell, assign or transfer this Proposal or any part thereof or interest therein without the prior written consent of the RCAT NE. XI. XII. XIII. XIV. TERMINATION. If the work to be done under this Proposal shall be abandoned, or if this Proposal or any part thereof shall be assigned or transferred, without the previous written consent of the RCAT NE, or if the Proposal or any claim hereunder shall be assigned by the Contractor otherwise than as herein specified, or if at any time the RCAT NE determines that the conditions herein specified as to the rate of progress are not fulfilled, or that the work or any part thereof, is unnecessarily or unreasonably delayed, or that the Contractor has violated any of the provisions of this Proposal, the RCAT NE may terminate this Proposal and/or notify the Contractor to discontinue such work or such part thereof as the RCAT NE may designate, and the RCAT NE may thereupon by agreement or otherwise, as it may determine, complete the work, or any part thereof; and for such completion the RCAT NE for itself or for its Contractor may take possession of and use or cause to be used in the completion of the work thereof any of such materials, apparatus, machinery, implements, and tools of every description as may be found upon said work. Termination pursuant to this paragraph shall not entitle the Contractor to any claim for damages on account thereof, nor shall it relieve the Contractor of any liability under this Proposal. GOVERNING LAW. This Proposal shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. SEVERABILITY. The provisions of this Proposal are severable. If any section, paragraph, clause or provision of this Proposal shall be finally adjudicated by a court of competent jurisdiction to be invalid, the remainder of this Proposal shall be unaffected by such adjudication and all of the remaining provisions of this Proposal shall remain in full force and effect as though such section, paragraph, clause or provision, or any part thereof so adjudicated to be invalid, had not been included herein, unless such remaining provisions, standing alone, are incomplete and incapable of being executed in accordance with the intent of the parties to this Proposal. AMENDMENTS TO THIS PROPOSAL. This Proposal may not be amended except in writing executed in the same manner as this RCAT NE-CONTRACTOR Agreement. CONTRACTOR RCAT NE By Title Print Name Date By Date RCAT NE Director Affix Corporate Seal Here 21

22 CERTIFICATE OF AUTHORITY - CORPORATE 1. I hereby certify that I am the Clerk/Secretary of (insert full name of Corporation) 2. corporation, and that 3. is the duly elected (insert the name of officer who signed the proposal.) (insert the title of the officer in line 2) 4. of said corporation, and that on (insert a date that is ON OR BEFORE the date the officer signed the proposal.) at a duly authorized meeting of the Board of Directors of said corporation, at which all the directors were present or waived notice, it was voted that 5. the (insert name from line 2) (insert title from line 3) of this corporation be and hereby is authorized to execute proposals in the name and on behalf of said corporation, and affix its Corporate Seal thereto, and such execution of any proposal of obligation in this corporation s name and on its behalf, with or without the Corporate Seal, shall be valid and binding upon this corporation; and that the above vote has not been amended or rescinded and remains in full force and effect as of the date set forth below. 6. ATTEST: AFFIX CORPORATE (Signature of Clerk or Secretary)* SEAL HERE 7. Name: 8. Date: (Please print or type name in line 6)* (insert a date that is ON OR AFTER the date the officer signed the proposal.) * The name and signature inserted in lines 6 & 7 must be that of the Clerk or Secretary of the corporation. 22

23 CERTIFICATION OF TAX COMPLIANCE Pursuant to M.G.L. c.62c, 49A and requirements of the RCAT NE, the undersigned acting on behalf of the Contractor certifies under the penalties of perjury that the Contractor is in compliance with all laws of the Commonwealth relating to taxes including payment of all local taxes, fees, assessments, betterments and any other local or municipal charges (unless the Contractor has a pending abatement application or has entered into a payment agreement with the entity to which such charges were owed), reporting of employees and Contractors, and withholding and remitting child support.* **Signature of Individual or Corporate Contractor (Mandatory) *** Contractor's Social Security Number (Voluntary) or Federal Identification Number Print Name:_ By: Corporate Officer (Mandatory, if applicable) Date: Print Name:_ 23

24 1.1 DEFINITIONS RCAT NE CONDITIONS OF THE PROPOSAL FOR CONSTRUCTION 1.2 THE PROPOSAL DOCUMENTS The term "Proposal Documents" sometimes also referred to as the "Proposal", means the proposal entered into between the RCAT NE (hereinafter "RCAT NE") and the Contractor. It includes the Invitation for Bid, Bid Form, Proposal Form, these Conditions of the Proposal, Supplements and Amendments to the Conditions (if any), Proposal Specifications, Drawings, all addenda issued prior to execution of the proposal. 1.3 THE WORK The term "Work", sometimes also referred to as the "Project", means the construction and services required by the Proposal Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligation. 1.4 OWNER The term "Owner" is the RCAT NE. 1.5 PROPOSAL OFFICER The term "Proposal Officer" means the person appointed by the Owner to administer the terms of the Proposal between the Owner and the Contractor, who is also empowered to take certain actions under this Agreement. 1.6 CONTRACTOR The Contractor, sometimes referred to as the Contractor, is the person or entity identified as such throughout the Proposal Documents as if singular in number. The term Contractor means the Contractor or its authorized representative The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Proposal. 1.7 SUBSTANTIAL COMPLETION The term "Substantial Completion" means the value of the work remaining to be performed by the Contractor is, in the estimate of the awarding authority, less than one percent (1%) of the original proposal price. 2.1 PROPOSAL ADMINISTRATION 2.2 PRE-CONSTRUCTION CONFERENCE Prior to commencement of the Work, the Contractor shall meet in conference with representatives of the Owner regarding the Owner's requirements under the Proposal for administration of the quality assurance program, safety program, labor provisions, the schedule of work, and other Proposal procedures The Contractor shall begin work upon receipt of a written Notice to Proceed from the Proposal Officer or designee. The Contractor shall not begin work prior to receiving such notice. 24

25 2.3 PROPOSAL PERIOD The Contractor shall complete all work required under this proposal within the timeframe specified elsewhere in this document, or within the time schedule established in the notice to proceed issued by the Contracting Officer. 2.4 REJECTION OF DEFECTIVE MATERIALS AND WORK The Owner's inspection of the Work shall not relieve the Contractor of any of its responsibilities to fulfill the Proposal obligations, and defective work shall be corrected without cost to the Owner. Unsuitable work may be rejected by the Owner, notwithstanding that such work and materials have been previously overlooked or misjudged by the Owner and accepted for payment. If the Work or any part thereof shall be found defective at any time before the final acceptance of the whole Work, the Contractor shall forthwith correct such defect in a manner satisfactory to the Owner, and if any material brought upon the site for use in the Work, or selected for the same, shall be rejected by the Owner as unsuitable or not in conformity with the Proposal requirements, the Contractor shall forthwith remove such materials from the vicinity of the Work. 2.5 CHANGES All changes in the work including any increase, decrease, or other equitable adjustment in the Proposal price or in the time for performing the Proposal, shall be authorized in writing by the Owner and/or Proposal Officer prior to commencement. 2.6 PROPOSAL PRICE The Proposal Price is stated in the Proposal Form, and including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Proposal Documents. 2.7 APPLICATIONS FOR PAYMENT Once each month, on a date established by the Owner at the beginning of the Work, the Contractor shall deliver to the Owner an itemized Application for Payment, supported by such data substantiating the Contractor's right to payment as the Owner may require, and reflecting a minimum of 5% retainage until the final acceptance and payment by the Owner The Owner shall make payment to the Contractor within 30 days of receipt of said application, less any applicable retainage The Owner may make changes in any application for payment submitted by the Contractor for: i. Retention based on the value of its claims against the Contractor, ii. Retention of 5% of the approved amount of the Application for Payment. 2.8 FINAL PAYMENT The acceptance by the Contractor of the last payment due under this Proposal or the execution of the Final Certificate of Completion, shall operate as a release to the Owner from all claims and liability related to this Proposal. 2.9 GUARANTY AND WARRANTY WARRANTY The Contractor warrants to the Owner that materials and equipment furnished under the Proposal will be of good quality and new unless otherwise required or permitted by the Proposal Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Proposal Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment GUARANTY If at any time during the period of one (1) year from the date of Substantial Completion of the Work to be performed under this Proposal, any part of the Work shall, in the reasonable determination of the Owner, require replacing or repairing due to the fact 25