1.0 - Landscaping Maintenance - Sprinkler - Snow Removal Services (IFB Document) 11-09-2023.doc

INVITATION FOR BIDS (IFB) No. B23004, Landscaping Maintenance/Snow Removal Services

HomeFront (A Public Housing Authority, formerly Housing Authority of Billings)

INVITATION FOR BIDS (IFB)

No. B23004 Landscaping Maintenance/Sprinkler Maintenance/Snow Removal Services

Table of Contents [Table No. 1]

INTRODUCTION

HomeFront (hereinafter also “the Agency”) is a public entity that was formed in 1973 to provide federally subsidized housing and housing assistance to low-income families, within the City of Billings, MT. HomeFront is headed by a CEO/Executive Director and is governed by a 7-person board of commissioners and is subject to the requirements of Title 24 of the Code of Federal Regulations (hereinafter, “CFR”) and HomeFront’s procurement policy. Though brought into existence by a referendum of the City of Billings, it is a separate entity from the City.

Currently, HomeFront owns and/or manages: (a) 16 developments totaling 216 units of HUD Public Housing; (b) 132 units of Project based Section 8 Housing; (c) 108 units in other affordable programs; and (d) 719 housing choice vouchers. HomeFront currently has approximately 35 employees.

In keeping with its mandate to provide efficient and effective services, HomeFront is now soliciting bids from qualified, licensed, and insured entities to provide the above noted services to HomeFront. All bids submitted in response to this solicitation must conform to all the requirements and specifications outlined within this document and any designated attachments in its entirety.

IFB INFORMATION AT A GLANCE

[Table No. 2]

AGENCY CONTACT PERSON

(NOTE: Unless otherwise specified, any reference herein to “Contracting Officer” or “(CO)” shall be a reference to Mr. Starr.)

Brian Starr, Director of Procurement & Construction

Telephone: (406)237-1902

E-mail: brians@homefrontpartners.org

TDD/TTY: 711

2. Click on the “Login” button in the upper right side.

3. Follow the listed directions to register.

4. 4. If you have any problems in accessing or registering on the www.bidnetdirect.com//homefront, please call customer support at (800) 835-4603.

2415 1st Avenue North Billings, MT 59101

2. As instructed within Section 3.0 of the IFB document, submit 1 copy of your “hard copy” bid to the Agency Administrative Office.

1.0 THE AGENCY’S RESERVATION OF RIGHTS. The Agency reserves the right to:

1.1 Right to Reject, Waive, or Terminate the IFB. Reject any or all bids, to waive any informality in the IFB process, or to terminate the IFB process at any time, if deemed by the Agency to be in its best interests.

1.2 Right to Not Award. Not to award a contract pursuant to this IFB.

1.3 Right to Terminate. Terminate a contract awarded pursuant to this IFB, at any time for its convenience upon 10 days written notice to the successful bidder(s).

1.4 Right to Determine Time and Location. Determine the days, hours, and locations that the successful bidder(s) shall provide the services called for in this IFB.

1.5 Right to Retain Bids. Retain all bids submitted and not permit withdrawal for a period of 60 days subsequent to the deadline for receiving bids without the written consent of the Agency Executive Director (ED).

1.6 Right to Negotiate. Negotiate the fees proposed by the bidder entity.

1.7 Right to Reject any Bid. Reject and not consider any bid that does not meet the requirements of this IFB, including but not necessarily limited to incomplete bids and/or bids offering alternate or non-requested services.

1.8 No Obligation to Compensate. Have no obligation to compensate any bidder for any costs incurred in responding to this IFB.

1.9 Right to Prohibit. At any time during the IFB or contract process to prohibit any further participation by a bidder or reject any bid submitted that does not conform to any of the requirements detailed herein. By accessing the BidNet Direct website (hereinafter, a.k.a., “the Marketplace”) and by downloading this document, each prospective bidder is thereby agreeing to abide by all terms and conditions listed within this document and within the BidNet Direct website, and further agrees that he/she will inform the CO in writing within 5 days of the discovery of any item listed herein or of any item that is issued thereafter by the Agency that he/she feels needs to be addressed. Failure to abide by this timeframe shall relieve the Agency, but not the prospective bidder, of any responsibility pertaining to such issue.

1.10 Right to Reject – Obtaining Competitive Solicitation Documents. The BidNet Direct website is the only official and appropriate venue to obtain the competitive solicitation documents (and any other information pertaining to the competitive solicitation such as addenda). Accordingly, by submitting a response to this competitive solicitation the respondent thereby affirms that he/she obtained all information on the BidNet Direct website. Any other group such as a bid depository that informs potential respondents of the availability of such competitive solicitations are hereby instructed to not distribute these documents to any such potential respondents, but to instruct the potential respondents to visit the BidNet Direct website to obtain the documents. The Agency will reject without consideration any response submitted from a firm that has not obtained the documents from the BidNet Direct website.

2.0 SCOPE OF WORK/TECHNICAL SPECIFICATIONS. HomeFront is seeking bids from qualified, licensed, and insured entities to provide the following detailed services:

2.1 Lot #1: On-going Landscaping Maintenance Services (“In-season” Services). In the Spring and Fall of every year, there will be a Spring Cleanup and Fall Cleanup. These cleanups will include the clearing away of leaves, branches, and clutter; hauling away debris; re-edging and cleaning garden and flower beds; redefining the boarders of the lawn; pruning and trimming trees and shrubs; aeration if needed.

2.1.1 Cutting Schedule. Services, most specifically lawn cutting, will be provided as detailed within the following Table No. 6 herein. The exact day of the week that the services will be decided by the Agency (with input from the Contractor) once a successful bidder has been identified. The Agency shall reserve the right to notify the Contractor by delivery of a 10-day notice when he/she shall switch services from every 7 days to services to another period of time.

2.1.2 Cutting Height. Mowing height will typically be 3 to 3 ½ inches. If the height of the grass has exceeded 6", the mower blades shall be raised so at no time will more the 1/4 of the grass leaf area be removed. Several mowing’s may be implemented in order to gradually reduce the overall height of the turf and prevent undue stress. To prevent scalping, at no time will mower blades be set lower than 3".

2.1.3 Order of Service. For each session, the services will be provided by the Contractor in the following order:

2.1.3.1 First, all trash and debris will be picked up from the lawn and landscaped areas (PLEASE NOTE: Agency management will endeavor to keep each development as free from trash as reasonably possible);

2.1.3.2 Second, if applicable, any foliage or trees will be trimmed, including the removal of tree “sucker” growth;

2.1.3.3 Third, where appropriate, trimming by use of a weed eater (typically around foliage, trees, walls, buildings, etc.) and an edger (typically along concrete walks) will be completed (PLEASE NOTE: All areas inaccessible with open area cutting equipment must be trimmed mechanically. Examples of areas include around utility poles, yard equipment, fencing, trees, playgrounds, etc.);

2.1.3.4 Fourth, the lawn areas will be cut to a uniform length;

2.1.3.5 Fifth, all bedding areas, tree rings and specialty planting areas will be free from weeds at all times in the interior and along the edges. Chemicals can be used where they will not contact or adversely affect desirable material. Sucker growth will be pruned, never trimmed or sprayed. Dead weeds will be removed by trimming or hand as appropriate. Asphalt areas, curbs and sidewalks shall be sprayed with pre- and post-emergent treatments for weeds and kept weed free at all times; and, 2.1.3.6 Sixth, the immediate adjacent paved areas will be cleaned, most typically by sweeping, vacuuming, and/or blowing (PLEASE NOTE: See also the following Section 2.1.5 herein);

2.1.3.7 Seventh, weed killer will be applied on cracks in sidewalks and parking lots a minimum of once per month.

2.1.4 Specific Service Requirements. Each complex will be mowed and trimmed in its entirety during each mowing session. All associated trimming and clean-up work will be performed during the same session. Mowing patterns will alternate, whenever possible to reduce rutting and compaction of the turf area. Where turf areas are too narrow to allow for mower access the Contractor will line-trim grass to a uniform height during each mowing session. In the case of guard rails and adjacent alleyways, or similar both sides will be trimmed out a minimum of three feet. All fences will be maintained free of all vines, weeds, and brush growth. Brushy material will be maintained a minimum of 2 feet distance from the fence. Chemical spraying of pre- and post-emergent treatment weed control is acceptable; however, the Agency retains the right to accept, reject, and/or give further direction as to how such treatment is applied.

2.1.5 Debris Removal. Grass clippings and debris are to be blown away from buildings, walkways, curbs, driveways, concrete pads, dumpster pads, air conditioning pads, and storm drains after each mowing or edging operation. Grass and debris will not be blown into or left in streets, parking lots, entrance doors or other areas where it will be seen or is unsightly. Grass and debris will not be blown into plant bedding areas. The Agency’s dumpsters may not be utilized by the Contractor for this purpose. (NOTE: Please see the following Section 2.2.5 herein which conditions shall also apply hereto.)

2.1.6 Damage. Any damage to Agency- or tenant-owned property by the Contractor from mowing, or other services performed by the Contractor, will be the Contractor’s sole responsibility to repair in a timely manner.

2.2 Lot # 2: On-going Sprinkler Maintenance Services. (“In-season” Services).

All lawn sprinklers will be turned-on and checked for appropriate coverage and working condition by May 15th and blown out by October 15th each season. Any non-working sprinkler will be repaired/replaced by the contractor. Please note the immediate-following:

2.2.1 All sprinklers (product) damaged by the contractor during the performance of his/her duties will be replaced at the contractor’s own expense within one week of the damage occurring; and, 2.2.2 All sprinklers (product) damaged not by the contractor during the performance of his/her duties will be replaced at the Agency’s expense, meaning, the Agency will provide the sprinkler to the contractor (the Agency will maintain on-site an adequate supply of replacement sprinkler heads—to receive a sprinkler head from the Agency the contractor must, either before repair or after repair, return the damaged sprinkler head to the Agency staff on-site).

2.2.3 All other sprinkler system repair work that the Agency may retain the contractor to perform shall be charged by the contractor at the rates detailed herein for Pricing Items No. 36-39.

2.3 Lot #3: Snow Removal Services. (NOTE: Herein, whenever the Agency refers to “as directed,” unless otherwise stated, such reference shall be the “Agency Contact Person” or the person assigned by the Agency to oversee the ensuing contract awarded.)

2.3.1 Plowing. Work will include, but is not limited to, plowing snow from the parking lots. Salt and sand shall be applied to all parking areas immediately after snow removal (if and where needed, as approved by the Agency). Services, to include all equipment and labor to plow parking lots when snow depth reaches 2 inches. During a storm, all parking lot entrances will be reasonably clear, allowing access for emergency vehicles and/or residents. Lots must not have any tire ruts or any other snow or ice hazard that would not normally be found in a “cleared” lot. Lots shall be plowed so that pavement is bare. Snow will be “pushed” into areas agreed upon by the Agency and the Contractor. These locations will be such that the snow does not impede on the flow of traffic, prohibit access to utilities or services, nor will it prohibit or create unsafe access to resident’s apartment.

2.3.2 Plowing Schedule. Services, of plowing, salt and sand will be provided as detailed within the following Table No. 6 herein. Ice storms may occur, which will mandate sanding and salting only. The Agency will determine and instruct the Contractor when extra salt and sand is to be applied. If the storm ends before 7:00 AM, final cleanup will begin that day at 8:00 AM. All entrances shall be checked, no later than 7:00 AM the following day, to ensure, that the City has not filled in the entrances, while plowing the street. If the storm ends after 7:00 AM but before dusk all effort should be made to clean the lots. If the storm ends after dusk, final cleanup will begin at 8:00 AM the following day, entrances need to kept clear at all times.

2.3.2.1 Contact pertaining to each event. The Agency expects the Contractor to be responsible for ensuring the above schedule is maintained. The Agency will not place telephone calls as to when the contractor is to start removing snow. The contractor is expected to be on-site ready to clear snow from the parking lots, after the storm is complete.

2.3.2.2 Damage. Any damage to Agency- or tenant-owned property by the Contractor from plowing or other services performed by the Contractor, or by any subcontractor retained by the Contractor, will be the Contractor’s sole responsibility to repair or replace in a timely manner.

2.3.2.3 Sand/Salt. Salt/Sand for early season and late season storms must be approved by the Agency. The intent is not to sand/salt when melting will naturally be removing most of the snow/ice. Ice storms may occur, which will mandate sanding and salting only. If additional sand/salt is needed, Agency approval is required. In addition, straight salt will only be applied after communication and approval from the Agency contact.

2.4 Additional Contractor’s Responsibilities/Q ualifications pertaining to all three Lots #1/#2/#3 (listed in alpha order).

2.4.1 Additional Potential Labor/Services that may be required. At some point during the contract period the Agency MAY (and probably will) require the Contractor to provide some or all the services identified hereafter within this section (the services identified within the preceding Section 2.1 herein shall be provided as a part of the on-going seasonal services). The Agency will dictate the days and times of such services, if retained. The Contractor will provide the services at the Additional Labor Rates detailed within the Contractor’s bid; meaning, the total price will be negotiated based on the level of effort required by the Contractor. Accordingly, the Agency will most likely order such additional services by use of a fully completed Task Order form (please see Attachment G-6). Such additional services include, but are not limited to:

2.4.2 Damage. Any damage to Agency- or tenant-owned property by the Contractor from plowing or other services performed by the Contractor, or by any subcontractor retained by the Contractor, will be the Contractor’s sole responsibility to repair or replace in a timely manner.

2.4.3 Employee Appearance. The Contractor’s employees shall present a neat and clean appearance while on the Agency premises. Service personnel shall wear their company uniform or a name badge at all times while on Agency property.

2.4.4 Ensuing Debris. The Contractor shall, as detailed herein, remove all ensuing debris from the Agency property daily. NOTE: Debris generated by the Contractor’s work shall NOT be placed in Agency dumpsters.

2.4.3 Equipment; Supplies. Unless otherwise stated herein, as a part of the proposed fees, the Contractor shall supply any and all such items needed to provide the services detailed herein; meaning, the Agency shall not pay any additional fees for such.

2.4.5 Labor. The Contractor shall employ only persons qualified for snow plowing services.

2.4.5.1 Minimum Acceptable Qualifications. The Contractor shall:

2.4.5.1.1 Possess and maintain a valid State of Montana Contractor’s Registration or Exemption.

2.4.5.1.2 Be able to provide services for all the Agency properties listed within the following Table No. 3 herein.

2.4.5.1.3 Not be debarred by the State or Federal Government for participation in contracting with public agencies.

2.4.5.1.4 Not be listed or have any employees listed on the sex offender registry working on HomeFront property.

2.4.6 Materials. The Agency shall reimburse the Contractor for materials the Agency directs the Contractor to install. Such required materials include, but not limited to, items such as salt/sand, other de-icing agents, etc.

2.4.7 Quality of Service. All work provided shall be performed in accordance with established snow plowing practices, using modern techniques accepted by the property maintenance industry.

2.4.8 Regulations. The Contractor shall comply with any applicable Cities of Billings and Laurel, County of Yellowstone, State of Montana, and federal laws, codes, and regulations regarding the application of any products (and

2.4.9 Safety and Security. The Contractor shall, at all times, ensure that all work provided by the Contractor complies with all local, State, and Federal rules pertaining to work place safety; meaning, the Contractor shall, at all times, conduct business in such a manner as to protect its workers, Agency residents, Agency staff, and the public. Further, the Contractor shall have full and sole responsibility to correct any such condition found unsafe by any authorized entity (including the Agency), and, if such unsafe conditions result to any group named within this section, shall have full and sole responsibility to compensate such persons if so ordered by an authorized agency or a court having jurisdiction.

2.4.9.1 All work provided by the Contractor shall be conducted with the utmost concern for the safety of the workers, Agency employees, Agency residents and the public in such manner as to cause the least possible interference with or annoyance to others.

2.4.9.2 The Contractor shall comply with all published Agency safety procedures and guidelines.

2.4.9.3 The Contractor shall, if appropriate, provide all barricades, warning signs, and other safeguards to protect its personnel, Agency employees and the public from hazardous situations arising out of the performance of the Work.

2.4.9.4 The Contractor’s employees shall follow all required or otherwise appropriate safety practices in handling chemicals and operating machinery. The Contractor shall ensure that eye protection, hearing protection, and foot protection are utilized when conditions, include any relevant local, State, or Federal OSHA codes, laws, rules, and regulations dictate. The Contractor shall not store any materials on site. All materials brought on site must be only for the daily requirements of the equipment used in the performance of work and shall always be kept in proper containers and secured.

2.4.9.5 Safety of residents and guests are the highest priority. Therefore, the contractor, before award, will need to demonstrate a redundancy of equipment. All equipment used on Agency properties must have at the minimum back up alarms and flashing yellow safety lights. Snow is not to be piled to hinder access to units or block viewing, of the street, when exiting the lot.

2.4.9.6 Safety. The Contractor shall, at all times, ensure that all work provided by the Contractor complies with all local, State, and Federal rules pertaining to workplace safety; meaning, the Contractor shall, at all times, conduct business in such a manner as to protect its workers, Agency residents, Agency staff, and the public. Further, the Contractor shall have full and sole responsibility to correct any such condition found unsafe by any authorized entity (including the Agency), and, if such unsafe conditions result to any group named within this section, shall have full and sole responsibility to compensate such persons if so ordered by an authorized agency or a court having jurisdiction.

2.4.9.7 Work Deficiencies. The Agency anticipates that it will closely observe the performance of the Contractor (see the immediate-following related Sections).

2.4.9.7.1 If the Agency Representative determines that work by the Contractor was not performed as specified in the ensuing contract and was thereby deficient, the Contractor shall correct the deficiencies in a timely manner (NOTE: “timely,” as may be directed by the Agency Representative); and such shall be completed at the Contractor’s expense, not the Agency’s expense.

2.4.9.7.2 If the Agency Representative rightfully determines that turf, plant life, ground cover, fixtures or equipment have been damaged, killed, or failed to retain healthy growth as a result of Contractor’s recommendations, operation, negligence, or chemicals, all aforementioned plant life, fixtures, or equipment shall be replaced at Contractor’s expense.

2.4.9.7.3 Failure on the part of the Contractor to fail to correct work deficiencies shall be cause for termination of the Contract by the Agency.

2.5 Service Locations. Sites applicable to these services are identified following. More detailed information pertaining to each of the sites is contained within the following Table No. 5 herein.

[Table No. 3]

(1)

IFB Section (2)

Site

No.

(3)

Site Name (NOTE: Please see the address for each listed development within Attachment H, attached hereto) (4)

Total # of Housing Units

2.6 Previous/Current Contractor(s). The Agency has most recently utilized the services of (listed in alpha order):

2.6.1 Granite Landscape of Billings, MT; and,

2.6.2 Lux Lawnscape of Billings, MT; and,

2.6.3 Meadow Green Lawn Service of Billings, MT 3.0

BID FORMAT.

3.1 Two-step Bidding Process. All bidders will initially submit the documentation/ information detailed within the following listed Step #1 of Table No. 3. Then, the Agency anticipates that it will notify the apparent low bidder to submit, within 5 days after being notified to do so, the information detailed within the following detailed Step #2 within the same Table.

3.1.1 Tabbed Bid Submittal. As may be further described herein, the Agency intends to retain a Contractor pursuant to a “Low Bid” basis, also taking into consideration responsiveness and responsibility. Therefore, so that the Agency can properly evaluate the offers received, all bids submitted in response to this IFB must be formatted in accordance with the sequence noted within the table below. Each category must be separated by numbered index dividers, which number extends so that each tab can be located without opening the bid and labeled with the corresponding tab reference also noted below. None of the proposed services may conflict with any requirement the Agency has published herein or has issued by addendum.

[Table No. 4]

(1)

IFB Section (2)

Tab No.

(3)

Description

3.1.1.2.2.1

The firm’s resources (i.e., personnel; equipment) to provide the services.

3.1.1.2.2.2

If appropriate, how staff are retained, screened, trained, and monitored.

3.1.1.2.2.3

The proposed quality assurance program.

3.1.1.2.2.4

An explanation and copies of forms that will be used and reports that will be submitted and the method of such reports (i.e., written; fax; Internet; etc.).

3.1.1.2.2.5

A complete description of the products and services the firm provides.

3.1.1.2.5.1

The client’s name;

3.1.1.2.5.2

The client’s contact name;

3.1.1.2.5.3

The client’s telephone number and e-mail address;

3.1.1.2.5.4

A brief narrative description and scope of the service(s) and the dates the services were/are provided.

3.2 Entry of Proposed Fees.

3.2.1 The proposed fees may be submitted by the bidder and received by the Agency, where provided for within the www.bidnetdirect.com//homefront website or in the second envelope.

3.2.2 Pricing Items. The proposed fees (Pricing Items) may be submitted by the bidder and received by the Agency where provided within the www.bidnetdirect.com//homefront website or in the second envelope. Do not submit, enter or refer to any fees or costs within the initial 3-tab “hard copy” bid submittal detailed within Section 3.0 Unless otherwise stated, the proposed fees are all-inclusive of all related costs that the successful bidder will incur to provide the noted services, including, but not limited to: employee wages and benefits; clerical support; overhead; profit; licensing; insurance; materials; supplies; tools; equipment; long distance telephone calls; travel expenses; document copying not specifically otherwise agreed to by the Agency; etc.

[Table No. 5]

(1)

IFB Section (2)

Pricing Item No.

(3)

Qty (4)

U/M (5)

Description (6)

Site No.*

NOTE: The Agency anticipates, but does not guarantee, that it WILL contract for each of these sites.

Seasonal (Annual) Start up and Blowout Services

NOTE: Our Agency retains a contractor for Snow Removal Services at just several of our Developments, as listed following.

*”Site No.,” as detailed within the preceding Table No. 3 herein.

3.3 Additional Information Pertaining to each Pricing Item.

3.3.1 Quantities. All quantities entered by the Agency herein and within the corresponding Pricing Items on the Marketplace are for calculating purposes only. As may be further detailed herein, the Agency does not guarantee any minimum or maximum amount of work as a result of any award ensuing from this IFB, as the Agency anticipates that the ensuing contract may be a Requirements Contract, in which case the Agency shall retain one contractor only and shall retain the right to order from that contractor (successful bidder), on a task order basis, any amount of services the Agency requires. Please note the immediate following exception to the aforementioned “Requirements Contract” language.

3.3.1.1 Exception to 3.3.1. Though the Agency anticipates that it might make award to one firm only, the Agency retains the right to, at any time during the ensuing contract period(s), complete award to more than one contractor if the Agency determines that such is in its best interests. If such occurs, the ensuing contract(s) awards shall become an Indefinite Quantities Contract (IQC), and the following clause shall apply:

3.3.1.1.1 Guaranteed Contract Minimum Amount and Not-to-exceed Maximum Amount. As may be further detailed herein, most specifically within the preceding Section 3.3.1.1, if the ensuing contract becomes an Indefinite Quantities Contract (IQC), which, pursuant to HUD regulation, requires the Agency to award to each responsive and responsible contractor a Guaranteed Contract Minimum Amount (GCMA) and a Not-to-exceed Maximum Contract Amount (NMCA) of work, those required minimum and maximum contract levels are: (a) GCMA: $2,000; (b) NMCA: $200,000 (each shall be annual amounts).

3.3.1.1.2 Exceptions Pertaining to the GCMA.

3.3.1.1.2.1 The noted GCMA (but not the entire Contract, only the restrictions pertaining to the set GCMA) will be null and void for any firm that chooses to reject a total of 3 requests from the Agency to be available for work during the contract period.

3.3.1.1.2.2 (PLEASE NOTE: This clause does not pertain to any firm that, as detailed within the preceding Section 3.3.1.1.2.1, has had the GCMA declared null and void during the current contract period). If, during the final 3 months of the contract period, the Agency has not made a task order award to any Contractor(s) in the pool that would ensure that award(s) to the Contractor reaches the $2,000 GCMA, the Agency shall retain the right to suspend the process detailed within Section 2.5 herein and complete an award directly to any such Contractor, thereby reaching the GCMA (once the GCMA has been met, this exception is no longer available during that contract period and the procedure set within Section 2.5 is again in affect).

3.3.2 Entry of Proposed Fees in the BidNet Direct website. Bidders must submit, where provided for within the BidNet Direct website, a cost for each and every Pricing Item detailed within the preceding Table No. 5 herein. The BidNet Direct website will automatically perform all required calculations.

3.3.2.1 Realistic Cost Proposed for each Pricing Item. Each bidder is strongly encouraged to enter where provided within the BidNet Direct website a realistic cost for each and every Pricing Item, especially the hourly fees required. For example, if the successful bidder enters $1.00 for an hourly Pricing Item (bidders typically do so in an effort to improve their position in regard to the ranking of bidders), then the $1.00 is what the successful bidder will charge the Agency for any work that the Agency may retain the successful bidder to provide related to that Pricing Item if the Agency deems such retention is in the Agency's best interests to do so. Accordingly, it is the Agency's opinion that it is very much in the best interests of the bidder to propose a realistic cost for each and every Pricing Item. If, despite this warning, the successful bidder proposes a fee that the Agency deems is not realistic, then the Agency reserves the right to require the successful bidder to, at contract execution, present a cash bond in a suitable amount (i.e., $5,000.00, which the Agency will hold during the term of the ensuing contract period) to ensure that the successful bidder will fulfill his/her obligation in this matter.

3.3.2.2 Determination of the Lowest Calculated Costs. The total sum of all Pricing Items will determine the lowest bidder and/or the ranking order for placement within the ensuing pool of contractors that may be formed (as long as such firm(s) are deemed responsive and responsible).

3.3.2.2.1 Agency Option. The Agency has the right to, at its sole discretion, combine Lots for award based upon the total calculated amounts for those combined Lots being a lower cost that such combinations for other bidders.

3.3.2.3 No Negotiation of Proposed Fees after the Submittal Deadline. The Agency WILL NOT, after the submittal deadline, negotiate an increase to any unit costs or fees proposed prior to the submittal deadline; accordingly, bidders are strongly cautioned to submit a realistic price for each Pricing Item identified within the preceding Table No. 5 herein that the bidder chooses to submit a proposed cost for.

3.3.2.5 How we arrived at each of the "30 sessions" and the “8 sessions” identified within the preceding Table No. 5 herein. The Agency anticipates (but does not guarantee) that the Contractor will provide services as detailed within the immediate-following Table No. 6. (NOTE: Please remember that the Agency reserves the right to adjust this schedule and to require the Contractor to provide any frequency of services that the Agency feels is in its best interests.) Accordingly, we have calculated the following as an estimate only:

Calculated Estimated Total Sessions of Service:

[Table No. 6] (1)

IFB Section (2)

Estimated Months of Service/Service Frequency (3)

Estimated Total Number of Annual Seasonal Sessions

Potentially, each site, once per week

[Services as most specifically defined within the preceding Section 2.1 herein.]

(Sprinkler system start-ups and blowouts at the beginning and end of each year; May 15, October 15)

[Services as most specifically defined within the preceding Section 2.2 herein.]

3.3.2.6 Additional Related Work that may be required. Please note that if the Agency decides that it will retain the Contractor to perform any additional related work, the total costs of such work shall be negotiated at the applicable unit or hourly rates proposed by the Contractor in response to the following detailed Pricing Items. Pertaining to the Proposed Additional Labor Rates (Pricing Items No. 36-39 and No. 44-47 listed herein):

3.3.2.6.1 Supervisor (pertaining to Pricing Items No. 36 and No. 44. The Contractor’s assigned, skilled staff person who has the responsibility to supervise work at the Agency site. This person may, while supervising, also perform work typically assigned to the Contractor’s other staff. It is understood that a Supervisor position will be paid by the Agency only if there are 3 or more persons working on the site at the same time; if there are less than 3 persons working at the site at the same time, then the Agency will only pay for such staff at the level they are actually working (i.e., Technician/ Operator and Laborer).

3.3.2.6.2 Skilled Technician/Equipment Operator (pertaining to Pricing Items No. 37 and No. 45. The Contractor’s assigned staff person who typically operates the more complex equipment and does any repair or installation work. This person may also perform work typically assigned to the Supervisor and the Laborer positions.

3.3.2.6.3 Common Laborer (pertaining to Pricing Items No. 38 and No. 46. The Contractor’s assigned staff person who typically performs the unskilled labor services detailed herein. This person may also perform minor unskilled duties pertaining to the Technician/ Operator position.

3.3.2.6.4 Supplies/Materials (pertaining to Pricing Items No. 39 and No. 47. Each bidder shall enter pricing for this item where provided for within the BidNet Direct website as a percentage over cost. For instance, if the bidder wishes to provide such items at cost, he/she shall enter “1.00” within the cost area for this item; if the bidder wishes to provide such materials at 30% over cost, he/she shall enter “1.30” within the cost area for this item; and so forth. The BidNet Direct website will perform the extended calculations. Please note that this fee proposed shall include the cost of picking up the supplies/materials at the source of supply and delivering such to the work site, meaning, all costs shall be F.O.B. the Agency site. Also, the Agency reserves the right to:

3.3.2.6.4.1 Require the Contractor to garner such needed supplies directly from the Agency; and/or

3.3.2.6.4.2 Procure directly from a supplier of the Agency’s choosing any supplies/materials that the Contractor may require to provide the services.

3.3.2.6.4.3 In any case, the Agency anticipates (and shall require) that the Contractor will procure such supplies/materials from supplies at a fair and reasonable “market rate” cost. The Agency reserves the right to not reimburse the Contractor for any portion of any such costs that are deemed by the Agency to be unfair and unreasonable (“deemed,” meaning in the opinion of the Agency based on a comparison of such costs with costs for similar items that may have been or could have been procured as detailed within the immediate-preceding Sections 3.3.2.6.4.1 and 3.3.2.6.4.2 herein.

3.3.2.7 Entry of Fees into Lots. A bidder may propose services as follows:

3.3.2.7.1 A bidder may propose costs (and services) for just Lot #1; just Lot #2; or just Lot #3 or may propose costs for all. Lot #1, Lot #2, and Lot #3; however,

3.3.2.7.2 If a bidder wishes to propose a cost for any Pricing Item within each Lot, he/she must propose a cost—and services—for all Pricing Items within such Lot; meaning, a bidder shall not be allowed to “pick and choose” which services listed within each Lot that the bidder may wish to respond to with a proposed cost. Except as may otherwise be detailed herein (i.e., the forming of a Pool”), the Agency reserves the right to make awards to separate firms for each Lot.

3.3.2.8 Assumption. Pertaining to the Pricing Items, it shall be the Agency’s assumption that, pertaining to the services listed, each bidder has, within the preceding Table No. 5 herein:

3.3.2.8.1 Based his/her proposed pricing for Pricing Items No. 1-35 upon the proposed rates submitted by the bidder for Pricing Items No. 36-39; and,

3.3.2.8.2 Based his/her proposed pricing for Pricing Items No. 40-43, upon the proposed rates submitted by the bidder for Pricing Items No. 44-47; and,

3.3.2.8.3 By submitting a bid in response to this IFB, the bidder (including the successful bidder) automatically agrees that such is accurate. Accordingly, the Agency may use such assumption, if necessary, to do any lump-sum bid breakdown calculation that may be needed during the ensuing contract period(s).

3.3.3 Potential Escalation of Rates. Pertaining to the ensuing contract, the successful bidder may receive an escalation in costs as detailed following:

3.3.3.1 Labor Costs. At the discretion of the Agency, at the end of the first one-year contract period (and at the end of any ensuing extended contract period), there may be an escalation of costs allowed in the same amount of any escalation that occurs pertaining to the corresponding or most similar State of Montana Prevailing Wage Rates for the Billings area ("most similar," as determined by and at the sole discretion of the Agency). For example, if, at the end of the first contract period the listed prevailing wage rates increase 5% as compared with the listed rates on the date of contract execution, then the Contractor will, at the CO’s discretion, be entitled to a 5% increase in the labor rates that he/she submitted in response to this IFB. Similarly, for ensuing years, the end-date of the previous contract period shall be the base-line date to determine the previous listed wage rate.

3.3.3.1.1 Notification must be received from the Contractor. The Contractor must notify the ED, in writing, of such desired escalation at least 60 days prior to the end of the noted contract period(s). Such escalations may occur no more than once in any 12-month period without the express written consent of the ED.

3.3.3.1.2 Right to Reject. As stated within this Section 3.3.3, the Agency reserves the right to reject any such request for an increase in fees if the Agency feels doing so is in its best interests. Similarly, the Contractor has the right to terminate services if the Agency rejects the request for an increase. This will occur in the following manner (procedure):

3.3.3.1.2.1 Step No. 1. The Contractor submits his/her written request for an increase, accompanied by the required documentation, to the Agency ED within the required 60-day period (please see the preceding Section 3.3.3.1 herein);

3.3.3.1.2.2 Step No. 2. The Agency considers the requested increase and, within 10 days of receipt of such, issues a written response to the Contractor as to whether the request is approved or rejected;

3.3.3.1.2.3 Step No. 3. If rejected and the Contractor wishes to, as a result, cease providing the services to the Agency, the Contractor has 10 days from the receipt of the written notice of rejection to deliver to the Agency ED a written notice that he/she is hereby invoking his/her right to discontinue the services within 120 days of the date this notice was delivered to the Agency (the specific date 120-days hence shall be written within the notice);

3.3.3.1.2.4 Step No. 4. The Agency will then endeavor to ensure that it makes other arrangements to replace the Contractor (i.e., contract with another firm; do the services in-house; etc.); further, if such other arrangements are completed by the Agency prior to the aforementioned 120-day date, the Agency shall retain the right to deliver to the original Contractor a 10-day written notice to cease services (meaning, the 120-day period is a maximum additional contract period that the Agency may, at its discretion, shorten with such written notice).

3.3.4 Pertinent Wage Rates.

3.3.4.1 HUD Maintenance Wage Rates Determination (MWRD). Please see Attachment G-5, attached hereto.