Request for Proposal
NOTICE TO BIDDERS, INSTRUCTIONS, and GENERAL CONDITIONS
Submission Deadline: April 11, 2024 at 2:00pm
Questions will be submitted/answered only by e-mail.
All answers to all questions will be available upon request.
RFP Contact Name:
| Yarissa Ortiz-Vidal, PhD Assistant Director & Environmental Compliance Mgr. Rockland Pollution Control Facility |
Telephone Number: | 207-594-0324 ext. 2 |
Email Address: | yortizvidal@rocklandmaine.gov |
Summary of important dates:
- Submission Deadline: April 11, 2024 at 2:00pm
- Public RFP opening: April 11, 2024 at 2:00pm
- Project shall be completed by: May 10, 2024
Section 1. ABOUT THE PROJECT
- Introduction
The City of Rockland invites and welcomes proposals to construct an ADA accessible ramp for a modular office building. Please take the time to carefully read and become familiar with the proposal requirements. All proposals submitted for consideration must be received by the time as specified above under the “SUBMISSION DEADLINE.”
- Project location: Rockland Pollution Control Facility at 40 Tillson Ave., Rockland, ME.
- Project shall be completed by May 10, 2024.
- Description of work:
Specifics:
- To build an ADA compliant ramp for a modular office building.
- Bidders are responsible to build the ramp in accordance with the accessibility standards of the American with Disabilities Act.
- Clean-up during and after project is completed.
Section 2. NOTICE TO BIDDERS, INSTRUCTIONS, and GENERAL CONDITIONS
- BID FORM – All bids must be submitted in conformity with the requirements of the Specifications attached hereto and the Official Bid Form included herewith. The submission of a bid on a form other than the Official Bid Form shall constitute grounds for rejection of the bid. Upon execution by the City of Rockland, the Official Bid Form, and such other documents as stated below, shall serve as the contract.
- BID DOCUMENTS – Bid documents shall be enclosed in an envelope sealed and clearly labeled so as to identify the item for which a bid is submitted and guard against opening prior to the time set therefore.
Label should read:
“RPCF Ramp, NOT TO BE OPENED UNTIL 2:00 P.M. ON April 11, 2024”
- TIME FOR RECEIVING BIDS – Bids received prior to the time of opening will be securely kept unopened. All bids shall be delivered prior to 2:00 P.M. on April 11, 2024 to:
Rockland City Hall
City Manager
RPCF Ramp
270 Pleasant St.
Rockland, ME 04841
- BID OPENING – The Bid Opening Meeting will be held on April 11, 2024 at 2:00 P.M. at City Hall, City of Rockland, 270 Pleasant Street, Rockland, Maine. At the time fixed for the opening of bids, their contents will be made public for the information of bidders and others properly interested, who may be present either in person or by representative.
- BIDS TO REMAIN OPEN – All bids shall remain open and may not be withdrawn for a period of sixty (60) days after the day of the bid opening, but the City may, in its discretion, release any bid.
- AWARD OF CONTRACT – The Contract will be awarded to the lowest responsible bidder, whose bid complies with all the conditions of the Contract Documents, provided the bid is reasonable, and it is in the best interest of the City to accept it as determined by the City Manager. The City of Rockland reserves the right to reject any or all bids in whole or in part as it is deemed in the best interest of the City, renegotiate any contract and waive any informality which does not compromise the actual bid. In determining the most advantageous bid, the City of Rockland reserves the right to consider quality, workmanship, service, and dependability of the product and manufacturer, independent of price. Upon execution by the City of Rockland, the Official Bid Form, together with the other Contract Documents shall serve as the Contract.
The Purchasing Agent will give preference to local bidders if the difference between bids submitted by a company whose headquarters is located in Rockland and/or who pays excise tax on their vehicles in Rockland and those not located in Rockland is 5% or less. If the two lowest bids are within 5% of each other and have each been submitted by companies located in Rockland, then price, quantity, quality and reliability of past or expected service shall be the only consideration in awarding the bid, or in deciding to reject any and all bids.
- COMPLIANCE OF CONTRACT DOCUMENTS – Before submittal of this bid, each bidder must examine the Contract Documents thoroughly. The submission of a bid will constitute an incontrovertible representation by the bidder that it has complied with every requirement of these specifications.
- DEVIATIONS – All deviations from the attached Specifications must be set forth in writing by use of the enclosed form marked “Statement of Compliance/Deviations from Specifications.” The information provided on the form must fully and completely describe each such proposed deviation and the reasons why each such deviation is fully equal or superior to the specifications; if there are no deviations, please state same. The executed “Statement of Compliance/Deviations from Specifications” must be submitted with the bid. The failure of a bidder to submit the form with the bid, if the City accepts the bid, shall be deemed to constitute grounds for rejection of the bid. It is incumbent upon the bidder to supply any and all additional information regarding any deviation from the Detailed Specifications, which in the opinion of the bidder may assist the City in evaluating compliance of the bid.
- QUALIFICATIONS OF–BIDDER – Bidder shall have at least five (5) years’ experience in services similar to those required in this RFP. Bidders without this experience will be considered not responsive and the bid will be rejected. In addition, an executed “Experience Statement” must be submitted with the bid. The failure of a bidder to submit the form with the bid, if the City accepts the bid, shall be deemed to constitute grounds for rejection of the bid.
- INTERPRETATIONS – All questions about the meaning or intent of the Contract Documents shall be submitted in writing to City Manager, City of Rockland, 270 Pleasant Street, Rockland, ME 04841. Replies will be issued by addenda, mailed, sent via facsimile or delivered to all parties recorded by the City as having received bid documents. Questions received less than five (5) working days prior to the date fixed for opening bids will not be answered. Only those interpretations provided by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.
- COMPLIANCE WITH LAWS; LICENSE AND PERMIT REQUIREMENTS – The submission of a bid will constitute an incontrovertible representation and warranty by the bidder that the bidder shall comply with all requirements of law, including the ordinances of the City of Rockland, in any way relating to the performance of the contract, including obtaining any and all required licenses and permits from any and all governmental agencies having any jurisdiction relating thereto, except for permits required by the City of Rockland, which will be obtained by the City of Rockland. All equipment and materials specified herein and furnished to this project shall be designed and manufactured to meet OSHA standards.
- GENERAL ADMINISTRATION – The City Manager, or the Manager’s designee, and shall oversee and approve all services to be performed, coordinate all communications, and review and approve all invoices, under this Contract.
- PAYMENT
- City will pay Contractor for services once work is completed and meets the requirements of this agreement.
- If the services rendered do not meet the requirements of the Agreement, Contractor will correct or modify the work to comply with the Agreement. City may withhold payment for such work until the work meets the requirements of the Agreement.
- DATE OF COMMENCEMENT – The Work to be performed under this Agreement shall be coordinated with the Director Pollution Control Department or the Director’s designee, at (207) 594-0324. Delays in commencement of the work not excused by the City Manager may result in termination of this Contract.
- TERM – n/a
- LIEN, SATISFACTION – Successful Bidder agrees that it will furnish the City with satisfactory evidence that all persons who have done work or furnished material under this Contract and are entitled to a lien for their work or materials under any laws of the State of Maine have been fully paid or are no longer entitled to such lien. The City shall not be responsible for any obligations of the Successful Bidder to its subcontractors.
- TERMINATION – If the Successful Bidder defaults or persistently fails to carry out the work in accordance with the Contract Documents or fails to perform a provision of the Contract, or if there is reasonable evidence that the work will not be completed within the Contract Time, the City, upon written notice to Successful Bidder, may terminate this Contract.
- INSURANCE – Successful Bidder must agree to procure and maintain, at its expense, commercial general liability insurance for protection from claims under worker’s compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any other such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom, which may arise from the performance of services hereunder. The minimum amounts of coverage are:
Type of Insurance | Each Occurrence | Aggregate |
General Liability -Bodily Injury & Property Damage Combined | $1,000,000 | $2,000,000 |
Automobile Liability Combined Bodily Injury and Property Damage | $1,000,000 | |
Excess Liability | $1,000,000 | $2,000,000 |
Workers. Compensation & Employer’s Liability | $500,000 (Each Accident) $500,000 (Disease Policy Limit) $500,000 . (Disease Each Employee) |
Each such certificate shall list the City as an additional insured and contain a statement of the insurer’s obligation to notify the City at least fifteen (15) days prior to cancellation of any policy covered thereunder. The City shall be furnished with a certificate of insurance. In the event the City is required to defend itself, Successful Bidder shall reimburse the City’s costs, including reasonable attorney’s fees, for defense of such liabilities, which arise out of the Successful Bidder’s negligence. In any claim which may arise as a result of intentional or negligent acts or omissions of the Successful Bidder, the comprehensive general liability insurance policy provided by Successful Bidder shall be deemed primary protection against such claims and the City shall not be called upon to contribute to a loss otherwise payable by the Successful Bidder’s insurer due to its insured’s act or omission.
- INDEMNIFICATION – To the fullest extent permitted by law, Successful Bidder does agree to defend, indemnify and hold harmless the City, its officers, agents and employees, from and against all claims, damages, losses or expenses, just or unjust, including but not limited to costs of defense, arising out of or resulting from the performance of services hereunder, provided that any such claim, damage, loss or expense is caused in whole or in part by any negligent act or omission of Successful Bidder, its officers, agents or employees, anyone directly employed by it, or anyone for whose act it may be liable, except to the extent that said claim, damage, loss or expense is caused by the City, its officers or employees.
- SALES TAX – This project is exempt from Sate Sales and Use or Excise Taxes to the extent allowed by law.
- DISPUTE RESOLUTION – The parties hereto agree that prior to filing litigation they will consider alternative dispute resolution techniques to resolve all claims, counterclaims, disputes and other matters in question between the parties arising out of or relating to these Contract Documents.
- NON-DISCRIMINATION AND COMPLIANCE WITH LAWS – Successful Bidder agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, sexual orientation, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. Successful Bidder shall comply with all federal, state, and local laws and ordinances applicable to the work to be done under this Agreement. Violation of this paragraph shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by City, in whole or in part, and may result in ineligibility for further work for City.
- SUBLETTING OR ASSIGNING CONTRACT – Neither City nor Successful Bidder shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the express prior written consent of the other.
- INDEPENDENT CONTRACTOR – Throughout the performance of this Contract, Successful Bidder is acting in an independent capacity and not as an employee, officer, or agent of the City. Successful Bidder at its expense shall provide additional personnel needed by Successful Bidder to fulfill its contractual duties. Successful Bidder is solely responsible for complying with all State and federal laws including, but not limited to, workers compensation law, minimum wage law, employment security law, and drug/alcohol testing laws, and regulations (including 49 CFR Part 382). Successful Bidder is also solely responsible for maintaining its vehicles and equipment in a safe and legal condition.
- CONTRACT DOCUMENTS – The following documents constitute the Contract Documents:
- Notice to Bidders, Instructions, & General Conditions
- Official Bid Form and Agreement
- Specifications
- Statement of Compliance/Deviation from Specifications
- Performance Bond/Payment Bond, when applicable
- DOCUMENTS REQUIRED TO BE SUBMITTED WITH BID – The following documents must be submitted with the bid in order for such bid to be considered complete. Any bid that does not include each and every of these documents shall constitute cause for rejection of the bid.
- Executed Official Bid Form
- Experience Statement
- Executed Statement of Compliance/Proposed Deviations from Specifications
OFFICIAL BID FORM
Date: ____________, 2024 BIDDER’S NAME: ____________________________
Tom Luttrell, City Manager
City of Rockland
270 Pleasant Street
Rockland, ME 04841
Dear Mr. Luttrell:
In accordance with your Notice to Bidders & Instructions, and Specifications, each of which we recognize as part of the undersigned’s RPCF Ramp, we submit the following:
- CONTRACT PRICE – The total contract price shall include everything required to fulfill the conditions of the contact, including, but not limited to, the following: all labor, materials, equipment, fees, costs, and insurance contemplated in these Contract Documents.
The purpose of this Request is to provide a standard from which to evaluate your company’s services as they compare to other companies and as they pertain to the needs of the City.
CONTRACT SUM:
Cost $. _____
CONTRACT SUM IN WORDS:
__________________________________________________________________ DOLLARS
(Amounts are to be both words and figures. In case of discrepancy, the written word shown shall apply)
Official Bid Form – Page 2 of 3
- BIDDER INFORMATION – Please complete the following. Attach additional sheets as
necessary.
Our Company is: | A corporation ______ A partnership______ Individually Owned ______ Other: ______ |
Social Security No. or Federal l.D. No: (Submission is voluntary) | |
Company Name and Address: | |
Name of Principal: | |
Telephone Number: Facsimile Number: e-mail Address: | |
References: (List Three References, with names, address and telephone numbers) | |
Work Plan (Schedule) | Please attach. |
Official Bid Form – Page 3 of 3
All sections above must be completed. All deviations from the specifications must be fully explained in writing on the Statement of Compliance/Deviations from Specifications Form and attached to the Official Bid Form, or if no deviations, you must state same.
Bidders understand that the City of Rockland reserves the right to reject any or all bids in whole or in part as it is deemed in the best interest of the City, renegotiate any contract and waive any informality which does not compromise the actual bid.
Date: _______________________ 2024 BIDDER: _________________________
(Company Name)
BY: ______________________________
(Authorized Representative)
Its: _______________________________
(Title)
_________________________________
Company Clerk
[SEAL]
NOTE: UPON EXECUTION BY THE CITY, THIS OFFICIAL BID FORM, AND SUCH OTHER DOCUMENTS AS STATED IN THE INSTRUCTIONS AND GENERAL CONDITIONS TO BIDDERS, SHALL SERVE AS THE CONTRACT
Date: _______________ , 2024 CITY OF ROCKLAND, MAINE:
BY: _______________________
Tom Luttrell
Its: City Manager
ATTEST:
________________________ ________________________
Stuart H. Sylvester, City Clerk
[SEAL]
Experience statement – page 1 of 3
EXPERIENCE STATEMENT
All questions must be answered with clear and comprehensive data; if necessary, add additional pages. This statement must be notarized.
- Name of Bidder:
____________________________________________________________________
- Permanent Main Office address:
________________________________________________________________________________________________________________________________________
- When organized:
____________________________________________________________________
- Where incorporated:
____________________________________________________________________
- How many years have you been engaged in the contracting business under your present firm name? Also state names and dates of previous firm names, if any:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
- State work of a similar nature to that stated in the Bid Proposal, including references that will assist the Owner to judge experience, skill and business standing:
_________________________________________________________________________________________________________________________________________________________________________________________________________
- Contracts on hand (Schedule these, showing gross amount of each contract and the approximate anticipated dates of completion.):
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
- General character of work performed by your company:
____________________________________________________________________________________________________________________________________________________________________________________________________________
Experience statement – page 2 of 3
- Have you ever failed to complete any work awarded to you ______(Yes) ______(No)
If so, where and why?
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
- Have you ever defaulted on a contract? ______(Yes) ______(No). If so, where and why?
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
- List the more important contracts recently executed by your company, stating approximate cost for each, and the month and year completed:
____________________________________________________________________________________________________________________________________________________________________________________________________________
- List your major equipment available for this contract:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
- List your key personnel such as Project Superintendent and Foremen available for this contract:
____________________________________________________________________________________________________________________________________________________________________________________________________________
- 14. List any subcontractors whom you would expect to use and the general components of the Project for which they will be responsible. Indicate other projects on which the proposed subcontractor has worked with you:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
- Name and address of banking institutions with whom you do business:
_____________________________________________________________________________________________________________________________________________________________________________________________________________________
Experience statement – page 3 of 3
Do you grant the Owner permission to contact this (these) institutions? ______ (Yes) ______(No)
Dated at ___________________ this ___________ day of ___________ 20 _______
_____________________________________
(Name of Bidder)
By: __________________________
Authorized Representative
Its: ____________________________
Title
State of _______________ )
ss.
County of ______________ )
________________________________________being duly sworn, deposes and says that he is the
[Authorized Representative]________________________ of ____________________ and that the answers
Title [Name of Bidder]
to the questions and all statements contained therein are true and correct.
Sworn to before me this ________ day of ___________ 20___
_______________________________
(Notary Public)
My Commission Expires: ___________
Statement of Compliance – Page 1 of 1
STATEMENT OF COMPLIANCE/
DEVIATIONS FROM SPECIFICATIONS
The Bidder proposes the following deviations from the Specifications and/or the Drawings, which the Bidder represents and warrants as being fully equal or superior to the requirements of the Scope of Work, Specifications, and/or Drawings, as may be applicable, for the reason(s) set forth fully below (attach additional sheets if necessary):
If there are no deviations from the Specifications and/or the Drawings, please state same.
I certify that the foregoing fully and completely describes each proposed deviation, if any, and the
reasons why each deviation is fully equal or superior to those in specified in the Detailed Specifications.
Date: _____________2024 BIDDER: ________________________
BY: ________________________
Its: ____________________________