Request for Bids

City of Westminster Exterior Repairs of the Building at 1838 Emerald Hill Lane

Westminster, MD 21157

The City of Westminster 45 West Main Street

Bids@westminstermd.gov

RFB #26-04

March 3, 2026 mailto:Bids@westminstermd.gov

CITY OF WESTMINSTER

45 West Main Street

Westminster, Maryland 21157

TELEPHONE

Local (410) 848-9000

Baltimore Line (410) 876-1313 www.westminstermd.gov

Date: March 3, 2026

To: Firms Interested in Submitting a Bid

From: City of Westminster

Re: Request for Bids by the City of Westminster for Exterior Repairs of the Building at

1838 Emerald Hill Lane, Westminster, MD 21157

The Mayor and Common Council of Westminster (“the City”) requests bids (hereinafter, a “Bid” or “Proposal”) for Exterior Repairs of the Building at 1838 Emerald Hill Lane, Westminster, MD 21157 in accordance with the attached Contract documents.

Sealed bids consisting of all required Bid forms should be submitted to the Finance

Department, 45 West Main Street, Westminster, Maryland 21157, no later than 2:00 p.m. on Thursday, April 9, 2026. Sealed bids must be clearly marked “Exterior Repairs of the Building at 1838 Emerald Hill Lane, Westminster, MD 21157” on the outside of the envelope.

All Bids are to be accompanied by a bid bond in the amount of 10% of the Bid. A sample bid bond format is provided as part of this Request for Bids.

All blanks on each form submitted in connection with the Request for Bids must be filled in, and no change shall be made to the items described in the form. All Bids must be signed in ink by the Bidder, with signature in full. Bids must be good for ninety (90) days.

A mandatory Pre-Bid meeting will be conducted at 10:00 A.M., Thursday, March 12, 2026, at 45 West Main Street, Westminster, MD 21157. Bidder attendance is mandatory.

Bids will be publicly opened and read aloud at 2:15 p.m. on Thursday, April 9, 2026. The bid opening will be held at 45 West Main Street, Westminster, MD 21157.

This Request for Bids will be placed on the City website at:

http://www.westminstermd.gov/bids.aspx

Any bid addenda will be posted on the City website at http://www.westminstermd.gov/bids.aspx.

Prospective bidders who have questions regarding this Request for Bids should email their questions to Bids@westminstermd.gov. The closing time for submission of questions is 4:00 p.m.

on Thursday, April 2, 2026. All questions and the associated answers will be posted on the City website at http://www.westminstermd.gov/bids.aspx.

To receive notification that information regarding this Request for Bids has been posted to the City website, bidders are encouraged to register with the City by providing their firm name, name of firm representative, and email address for the firm’s point of contact to:

Bids@westminstermd.gov mailto:Bids@west mailto:Bids@westminstermd.gov

REQUEST FOR BIDS

City of Westminster

RFB# 26-04

March 3, 2026

I. SCOPE OF SERVICES

DECK REPAIR 1838 EMERALD HILL LANE

Contactor shall remove approximately 1,400 sq ft of mahogany porch decking and replace with Aeratis Heritage deck boards per manufacturer’s specifications (included as Exhibit A).

Contractor shall paint the decking by Aeratis specification. To meet the paint rebate program, the City will purchase painting material in quantity approved by contractor.

Contractor shall replace all (21) balcony posts with aluminum or vinyl. Existing railings shall not be replaced and must be reattached to posts after replacement.

Deck Repair shall include 5-year labor and materials warranty

EXTERIOR PAINTING OF 1838 EMERALD HILL LANE

Surfaces To Be Painted

• All Previously Painted Brick surfaces, Concrete Foundation, and Basement Stair Walls (White)

• Porch: Ceilings, Columns, Horizontal Wood Supports, Skirt and Lattice (White)

• Doors, Frames, Side Lights, Top Lights (White)

• Dormer Wood Trim (White)

• Stairs: White Wood Surfaces (Treads, Risers, Stringers, Rails, Posts, Underside (Color to be determined)

• Wood Shutters (Fixed, Louvered) (Color to be determined)

• Fascia Trim (White)

• NO Window Sashes- JUST Sill Where Peeling

Prep and Paint

• Cover grounds with drops and plastic

• Scrape areas of loose and peeling paint to a tight bond

• Clean surfaces prior to painting/staining with hot water washer, cleaning solution and high volume/low pressure to remove dirt, mildew, and other surface grime. City will provide working water spigots

• Spot prime bare areas

• Caulk open gaps in trim with high quality caulking

• Spot prime any rusted areas with KemBond primer

• Apply two (2) coats Sherwin Williams Duration to surfaces listed above.

Exterior painting shall include 5 year labor and materials warranty

II. WORK PHASES

As part of the bid submission, bidders shall submit a schedule showing the sequence, commencement, and completion dates for the various phases within the project.

III. TYPE OF CONTRACT

The project will be designed and constructed under a single prime contract.

CITY OF WESTMINSTER, MARYLAND

INSTRUCTIONS TO BIDDERS

1. BIDS:

Sealed Bids will only be accepted by the Mayor and Common Council of Westminster (the “City”) if submitted in accordance with these instructions, the General Conditions, and any other attached Bid documents.

2. RESERVATIONS:

A. The City reserves the right to waive formalities or technicalities in bids as the interests of the City may require.

B. The City may waive minor differences in specifications, provided these differences do not violate the intent of the specification or materially affect the operation for which the item is being acquired.

C. Bids that show omission, irregularity, alteration of forms, or additions not called for, and conditional or unconditional, unresponsive bids, or bids obviously unbalanced may be rejected.

D. The City reserves the right to award Contracts on a lump sum or an individual item basis, or such combination thereof as the interests of the City may require.

E. The City reserves the right to reject any and/or all bids; to accept a portion of a bid or bids only; to advertise for new proposals; to proceed to do the work otherwise; or to abandon the work, if in the City's judgment, the City's best interests will be served by doing so.

F. Any contract resulting from this solicitation will be awarded to the bidder who has submitted the proposal most advantageous to the City in its sole discretion, considering such things as the price and the bidder's qualifications, experience, and references, in addition to any other factors identified in the Scope of Work.

3. QUALIFICATIONS OF BIDDERS:

The City may make such investigation as it deems necessary to determine the ability of the Bidder to furnish the services and the Bidder shall furnish to the City all such information and data for this purpose that the City may request. The City reserves the right to reject any Bid if the evidence submitted by the Bidder or an investigation of such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out the obligations of the Contract.

4. REQUIRED ATTACHMENTS TO BIDS:

Each Bid shall be accompanied by the following which are attached herewith:

a. Bid Form

b. Schedule of Values

c. Experience Record Form

d. List of References

e. Vendor Responsibility Form

f. Equal Opportunity Employer Form

g. Affidavit of Public Contracting Eligibility

h. W-9 Form

i. Bid Bond

5. ACCEPTANCE OR REJECTION OF BIDS:

The City will accept or reject bids within ninety (90) days of the date set for opening bids. The City reserves the right to reject or accept any or all bids or portion thereof where such rejection or acceptance would, in the City's sole discretion, be in the best interest of the City, and further reserves the right to reduce or modify the scope of the Project in order to meet funding limits, budget, and scheduling constraints.

6. NOTICE OF AWARD, SIGNING OF CONTRACT AND BONDS:

The successful Bidder agrees to sign an Agreement in substantially the form included as Exhibit B in the Request for Bids or Request for Proposals (except that certain additional provisions may be required of non-corporate Contractors pertaining to their status as sole proprietorships or partnerships and their workers’ compensation coverage) binding it to the terms of this Bid as set forth in the legal notice inviting bids and the bid documents and any addenda thereto, within ten

(10) days of notice of award. Failure of the Bidder to do so may result in the loss of its Bid security and/or its award of Bid.

7. BID WITHDRAWALS:

Prior to the time of opening, Bids may be withdrawn only upon written request received from Bidder. No Bidder may withdraw its Bid for a period of ninety (90) days after the opening of Bids.

8. ADDENDA:

Any addenda issued after the Invitation to Bid and before the opening of Bids shall be covered in the proposal, and in closing the Contract they shall become a part thereof. Bidders will be required to submit a signed and dated copy of the addenda as acknowledgement of receipt.

9. SPECIFICATIONS:

Bidders must examine the specifications carefully. In case doubt shall arise as to the meaning or intent of anything shown in the specifications, inquiry shall be made of the City before the Bid is submitted. The submission of a Bid shall indicate that the Bidder thoroughly understands the terms of the Bid and the specifications.

10. BONDS:

If included in the Agreement, performance and payment bonds are required. Sample formats are provided in the Contract Documents.

11. TAXES:

The Contractor shall pay all sales, consumer, use, and other similar taxes required by applicable law to be paid with respect to the work performed or the materials or equipment furnished. The City of Westminster is exempt from the payment of such taxes with respect to items purchased directly.

12. BID FORMS:

A. The Bid Form and attachments are included in the Bid package. Bids shall be submitted on the attached forms and shall be filled out in full, in ink or electronically. If changes and deletions are made, such changes and erasers shall be clear and legible, and shall be initialed by the person signing the Bid Form. The Bid Form may provide for submission of a price or prices for one or more items, which may be lump sum Bids, alternate prices, or scheduled items resulting in a Bid on a unit of construction or a combination thereof, or other Bidding arrangements. Unless specifically called for, alternate Bids will not be considered.

B. Bids in which the prices obviously are unbalanced may be rejected. Unbalanced prices shall be interpreted to mean that the unit price for any items is such that it is unreasonable for that particular item when considered by itself and not considered in connection with the Bid submitted on any other item or items.

C. Bids shall be based on products, materials, and methods named in the Contract Documents.

D. The Bidder must detach the completed Bid Form and required attachments and submit them in a sealed, opaque envelope bearing the Bidder’s name and address at the time and place indicated on the Invitation to Bid. Bids may be modified or withdrawn at any time prior to the opening of bids. Signing of Bids shall comply with instructions on the Bid Form.

E. The Bidder assumes full responsibility for timely delivery at location designated for receipt of Bids. Bids received after the designated time for the public bid opening will be returned to the Bidder unopened.

F. Bids will be publicly opened and read aloud at the time and place set forth in the Invitation to Bid. Only bid totals will be publicly read at the Bid Opening. Bidders and other interested parties may be present either in person or by representative. Unit prices will be made available after verification by the City. In case of discrepancy between prices in writing and in figures, the writing shall govern. In case of error in the extension of prices in the Bid, unit prices will govern.

13. EXECUTION OF THE CONTRACT:

The form of the Agreement is included with the Bid package and it is expected that the successful bidder will sign an Agreement in substantially the form included. The Bidder should not rely on an expectation of changes in the Agreement form.

The successful Bidder shall return two copies of the Agreement and such other documents as required by the Contract Documents properly executed to the City within ten (10) days after the date of issuance of the Notice of Award.

Failure by the Bidder to execute the Contract and submit such other Documents as required by the Contract Documents and file acceptable insurance and bonds within the time aforesaid shall be just cause for annulment of the Award. Award may then be made to the next lowest responsible Bidder or the work may be re-advertised and constructed under Contract or otherwise, as the City may decide.

By executing the Contract, the Bidder represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself with, the nature and extent of the Contract Documents, the work, and the site, and all federal, State and local laws, ordinances, rules, and regulations that may in any manner affect performance of the Work, and represents that it has correlated its study and observations with the requirements of the Contract Documents. The Bidder also represents that it has studied all surveys and investigation reports of subsurface and latent physical conditions referred to in the Contract Documents and made such additional surveys and investigations as it deems necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents and that it has correlated the results of all such data with the requirements of the Contract Documents.

14. AFFIDAVIT OF PUBLIC CONTRACTING ELIGIBILITY:

Pursuant to § 16-311 of the State Finance and Procurement Article of the Annotated Code of Maryland, any person who has (1) been convicted of bribery, attempted bribery or conspiracy to bribe, under laws of any state or of the federal government; (2) been convicted under a State or federal law or statute of any offense enumerated in § 16-203 of this title; or (3) been found civilly liable under a State or federal antitrust statute as provided in § 16-203 of this Title 16 shall be disqualified from entering into a Contract with the Owner.

The affiant shall also swear or affirm under the penalties of perjury that the Bidder has not been a party with other Bidders to any agreement to Bid a fixed or uniform price and shall also contain an affirmation that the Bidder shall not knowingly enter into a Contract with the City under which a person or business debarred or suspended under Title 16, Subtitle 3 will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction.

15. BID SUBMITTAL LIMIT:

A Bidder may submit only one Bid for each Contract. More than one Bid from an individual, firm or partnership, corporation, or association under the same or different names will not be considered and will be considered grounds for disqualification of the Bids involved, and rejection of the Bids.

16. GRANT-FUNDED CONTRACTS:

The Contract may be funded, in whole or in part, using federal or State grant funds and may therefore be subject to conditions imposed by regulations of the governmental entity providing such funds. Such funding, if any, will be identified in the description of the Work or Services included with this Request for Bids. It is the Bidder’s responsibility to determine the scope and requirements of and to comply with the terms of any regulations relating to or governing the use of such grant funds. Such regulations may under certain circumstances include, but are not limited to, payment of prevailing wage rates, the purchase of materials manufactured in the United States, the maintenance of specific records for specific periods of time, and/or approval of subcontracts.

17. SUBMISSIONS ARE PUBLIC INFORMATION:

The affidavit required by Section 14 of these Instructions to Bidders shall also indicate the Bidder’s understanding that all documents, information, and data submitted in its Bid/Proposal shall be treated as public information unless otherwise indicated.

GENERAL CONDITIONS

GC 1. Disputes

In cases of disputes as to whether or not an item or service quoted or delivered meets the specifications, the decision of the City shall be final and binding on both parties.

GC 2. Completion of Work

If the Contractor is delayed at any time in the completion of the services by any act or negligence of the City, or by any act or negligence by separate Contractor employed by the City, or that of any employee of either, or by any changes ordered in the materials or by strike, lockout, fires, unusual delays in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the City, the City shall decide the permissible extent of such delay.

GC 3. Failure to Deliver

In the event the Contractor fails to deliver the services and materials covered by the Contract and in accordance with the delivery terms stipulated in the Contract, then the City will have the right to purchase on the open market the services and/or materials covered in the Bid Proposal and shall have as damages the cost of obtaining such services and/or materials and any additional costs incurred by the City as a result thereof.

GC 4. Bonds

When payment, performance, and/or maintenance bonds are required by the agreement, they shall be posted by the Contractor in a form acceptable to the City. In that instance, template bonds will be included with the bid package.

GC 5. Insurance

The Contractor shall maintain insurance coverages and shall provide Certificates evidencing such insurance as required in Section 7 in the Agreement.

GC 6. Indemnification

The Contractor will be required to indemnify, defend, and hold the City harmless against all liability to any person or persons for or by any reason of any condition or malfunction of the materials used, and against any claims made or liability to any person or persons by reason of any act or omission or negligence of the Contractor or any of its agents, servants, or employees. This indemnification shall include reasonable attorney’s fees incurred by the City in connection with such claim or liability.

GC 7. Inspection.

The City has the right to inspect and test all services and materials called for by the Contract, to the extent practicable at all times and places during the term of the Contract. The City shall perform inspections and tests in a manner that will not unduly delay the work. If any of the services and/or materials do not conform to Contract specifications, the City may require the Contractor to perform the service or again provide a replacement product in conformity with Contract specifications, at no increase in Contract amount.

SUPPLEMENTAL CONDITIONS

SC-01. GENERAL

These Supplemental General Conditions are hereby made a part of the Contract. In case of conflict with other portions of the specifications, these Supplemental General Conditions shall govern.

Any reference herein to the Director of Public Works shall be deemed to mean the Director of Public Works or his or her designee.

SC-02. WORK TO BE DONE BY THE CONTRACTOR

The Contractor shall do all the work and furnish all the labor, materials, tools, and appliances necessary and proper for performing the work required by the Contract, in the manner called for by the specifications and within the Contract time. It shall complete the entire work, together with such extra work as may be required, at the prices bid or fixed thereby to the satisfaction of the City, and in accordance with the specifications and drawings.

SC-03. PROTECTION OF PROPERTY AND STRUCTURES

The Contractor shall, at its own expense, maintain, support and protect from direct or indirect damage all pipes, poles, tracks, walls, buildings, and other structures or property in the vicinity of its work whether above or below the ground or that may appear in the trench. It shall at all times have a sufficient quantity of timber and plank, chains, ropes, etc., on the ground and shall use them as necessary for sheeting its excavations and for sustaining or supporting any structures that are uncovered, undermined, endangered, threatened, or weakened. The Contractor shall bear all risks associated with the presence or proximity of any pipes, poles, tracks, walls, buildings, and other structures and property, of every kind and description, in or over its trenches or in the vicinity of the work site, whether above or below the surface of the ground. The Contractor shall be fully responsible for, and indemnify the City against, all damages and all costs arising from injury or damage to any such structures, property, or persons caused by its work, whether or not such structures are shown in the drawings.

SC-04. STORAGE OF MATERIALS

Materials shall be stored so as to ensure the preservation of their quality and fitness for the work.

When considered necessary by the City, they shall be placed on wooden platforms, or other hard, clean surfaces and not on the ground, and shall be located so as to facilitate prompt inspection.

Lawns, grass plots, or other private or public property shall not be used for storage purposes without written permission of the City or lessee of said property.

SC-05. STRUCTURES TO BE KEPT CLEAN

During the progress of the work, until the completion and final acceptance thereof, all structures, including pipelines and their appurtenances, shall be kept entirely clean throughout. Obstructions or deposits, at any time discovered, shall be removed at once by the Contractor without extra compensation. After completion of the work, the structures, pipelines, and their appurtenances shall be left clean and in good order.

SC-06. FINAL CLEAN UP

Within 5 days after the completion of the work and before final acceptance, the Contractor shall, without charge therefore, tear down and remove all temporary buildings and other structures built by it, shall remove all rubbish of all kinds from any ground which it has occupied, and shall leave the site of the work in a clean and neat condition.

SC-07. GUARANTEE

A. The Contractor guarantees the work performed under this Contract for a period of five (5) years after the date of final "acceptance" therefore by the City, against all faulty or imperfect materials and against all imperfect, careless, and/or unskilled workmanship.

B. The Contractor agrees to replace with proper workmanship and materials, and to re-execute, correct, or repair without cost to the City, any work that may be found to be improper or imperfect and to restore and maintain all roads, shoulders, ditches, and crossings to their original condition and in accordance with the terms of the appropriate agency permits.

C. No use or acceptance by the City of the work or any part thereof, nor any failure by the

City to use the same, nor any repairs, adjustments, replacements, or corrections made by the City due to the Contractor's failure to comply with any of its obligations under the Contract documents, shall in any way limit, waive, or impair the guarantee obligations assumed by the Contractor under the Contract documents.

SC-08. GUARANTEE BOND (MAINTENANCE BOND)

A. Before final payment is made by the City, the Contractor shall furnish the City with a Guarantee Bond in the amount of ten percent (10%) of the Contract amount. The bond must be executed by a surety satisfactory to the City and shall be effective for the five-year guarantee period.

B. In the event the Contractor fails to re-execute, correct, or repair any work performed in the construction of the Contract that is found to be improper or imperfect, or otherwise fails to fulfill the terms of the Guarantee, the City may, at its discretion, purchase materials, tools, and equipment and employ labor, or enter into a separate contract, to perform the necessary corrective work covered in the Guarantee. All costs and expenses incurred thereby by the City shall be charged against the Guarantee Bond.

SC-09. SUPERVISION AND DIRECTION OF WORK

The work shall be under the general supervision of the City. While it is intended that the Contractor shall be allowed to carry on the Contract in accordance with such general plan as may appear to it most desirable, the City, at its discretion, may from time to time direct the order in which and points at which, the work shall be prosecuted; and, shall exercise such general control over the conduct of the work, at any time or place, as shall be required, in its opinion to safeguard the interests of the City. The Contractor shall have no claim for damages or extra compensation on account of the fact that it shall have been necessary to carry on the work in different sequence from that which it may have contemplated. The Contractor shall immediately comply with any orders and instructions given by the City, but nothing herein contained shall be considered such an assumption of control over the work by the City as to relieve the Contractor of any of its obligations or liabilities under the Contract.

SC-10. MATERIAL SAMPLES

A. Before any Contract is awarded, the Bidder shall be required to furnish a complete statement of the origin, composition, and manufacturer of any or all materials to be used in the work, together with samples, which samples may be subjected to the tests provided for in these specifications to determine their qualities and fitness for the work.

B. The Contractor shall notify the City where and when it purchases materials, for this

Contract and such notice shall be given to the City in sufficient time to allow for inspection of such materials at the point of manufacture.

SC-11. CITY MAY INCREASE OR DECREASE QUANTITIES

A. The City reserves the right to increase or decrease the quantity of material to be furnished or work to be done under the Contract wherever it deems it advisable or necessary, and such increase or decrease shall in no way invalidate the terms or conditions the Contract.

B. The Contractor will be paid for the actual quantity of authorized work done or material furnished under each item of the proposal, at the unit price stipulated for such item. In case the quantity of any item is increased, the Contractor shall not be entitled to compensation over and above the unit price bid for such item; and, in case the quantity of any item is decreased, the Contractor shall have no claim for damages on account of loss of anticipated profits because of such decrease.

SC-12. INSPECTION

The City will appoint such person or persons as it may deem necessary to properly inspect the materials furnished and the work done under the Contract, and to see that the same strictly correspond with the drawings and specifications. Work and materials will be inspected promptly, but if, for any reason, delay should occur, the Contractor shall have thereby no claim for damages or extra compensation. Materials and workmanship shall be always subject to the approval of the City; but, no inspection, approval, or acceptance of any part of the work or of materials used therein, nor any payment on account thereof, shall prevent the rejection of said materials or work at any time thereafter during the existence of the Contract, should said work or materials be found to be defective or not in accordance with the requirements of the specifications and Contract.

Contractor is responsible for contracting with a material testing company for the project.

SC-13. COOPERATION OF CONTRACTOR

The Contractor shall have, at all times, a competent superintendent or supervisor capable of reading and thoroughly understanding the drawings and specifications onsite to direct the work and to receive instructions from the City. The superintendent or supervisor shall have full authority to execute the order or directions of the City without delay and to promptly supply such materials, tools, plant equipment, and labor as may be required. Such superintendent or foreman shall be furnished irrespective of the amount of work. The giving of orders or directions in the manner aforesaid shall be equivalent to their receipt by the Contractor.

SC-14. WORKMANSHIP

All materials furnished and all work done shall be of the quality and character required by the drawings and specifications. Where no standard is specified for such work or materials, they shall be of a kind acceptable to the City.

SC-15. CARE AND PROTECTION OF WORK

From the commencement of the Contract until its completion, the Contractor shall be solely responsible for the care of the work; and, all injury or damage to the same from whatever cause shall be made good at its own expense before the final payment is made. It shall provide suitable means of protection for all materials intended to be used in the work in progress, as well as for complete work.

SC-16. DEFECTIVE WORK

Neither the inspection or the supervision of the work nor the presence or absence of any employee or agent of the City during the execution of any part of the work shall relieve the Contractor of any of its obligations under the Contract or of conforming its work to the lines, grades, and elevations which are required. Defective work shall be made good and unsuitable material will be rejected, notwithstanding that such work and material may have been previously overlooked and accepted or estimated for payment. If the work or any part thereof shall be found defective within five years of final acceptance or to have been damaged, at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defect or injury in a manner satisfactory to the City, without extra compensation, even though said defect or injury may not have been due to any act, default or neglect on the Contractor's part; provided, however, that should such defective work result from inherent flaws in the materials (if any) furnished by the City, the materials to replace same will be furnished by the City, and the cost of removing and replacing said defect will be paid for as extra work. All materials shall be carefully examined by the Contractor for defects, just before placing, and any found defective shall be rejected.

SC-17. CLAIMS FOR DAMAGE

A. If the Contractor shall claim compensation for any damage sustained by reason of the acts of the City, or any official or agent thereof, it shall, within five (5) days after the sustaining of such damage, make a written statement to the City of the nature of the damage sustained, and within ten (10) days after the sustaining of such damage, shall file with the Director of Public Works an itemized statement of the details and amount of such damage. Failure to provide any or both statements as required herein, shall result in forfeiture of any claim for compensation, and the Contractor shall be deemed to have waived any right to payment for such alleged damages.

SC-18. UNAUTHORIZED WORK

Work done without written authority will be considered as unauthorized and at the expense of the Contractor and will not be approved or compensated by the City. Work so done may be ordered removed and replaced by the City at the Contractor's expense.

SC-19. LAWS AND REGULATIONS

In all operations connected with the work and services, the Contractor shall comply with all applicable federal, state, and local laws and regulations. The Contractor shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violation of any such law or regulation. The Contractor shall pay all taxes required by law.

SC-20. PERMITS, LICENSES, CHARGES, NOTICES

The Contractor shall procure and pay for all permits and licenses, royalties, fees, and charges and give all notice necessary and incidental to the due and lawful prosecution of the work.

SC-21. WATER SUPPLY

The Contractor shall provide at its own expense such quantities of clean water as may be required for all purposes under the Contract. It shall take particular care to furnish its employees with clean and safe drinking water. All sources of water supply to be used by the Contractor in connection with the work shall be subject to the approval of the City.

SC-22. SANITARY ARRANGEMENTS

A. The Contractor shall provide and maintain approved sanitary facilities for the use of persons employed in connection with the work, properly secluded from public observation, in such manner and at such points as shall be directed by the Director of Public Works, and their use shall be strictly enforced. The facilities shall be cleaned and disinfected daily to the satisfaction of the Director of Public Works and/or removed when and as directed.

B. The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of its employees as may be necessary to comply with the requirements and regulations of the Department of Health or any governmental body having jurisdiction over such matters.

SC-23. ELECTRIC POWER

The cost of electric current used for the construction of this Contract, including that current furnished for the Contractor's Field Office, pumping of water, and other purposes shall be borne by the Contractor.

SC-24. INJURY TO PROPERTY

In case any direct or indirect damage is done to public or private property by or because of the work or as a consequence of any act or omission on the part of the Contractor, its employees or agents, the Contractor shall, at its own expense, restore such property to a condition similar or equal to that existing before such damage was done, by repairing, rebuilding, or otherwise shall make good such damage in a satisfactory manner; and, in case of failure on the part of the Contractor to promptly so restore such property, or make good such damage, the City shall, upon forty-eight (48) hours written notice, proceed to repair, rebuild, or otherwise restore such property as may be necessary and the cost thereof will be deducted from any monies due or to become due the Contractor under the Contract; or the City shall deduct from any monies due the Contractor a sum sufficient in the judgment of the City to reimburse the City of the property so damaged.

SC-25. CONTRACT TIME FOR COMPLETION

The Contractor shall schedule its work in such a manner as to complete the work under this Contract within the number of calendar days stated in the Agreement.

SC-26. EXTENSION OF TIME

A. If the Contractor is delayed or obstructed in the prosecution of the work by any neglect, delay, or default attributable to the City, or by any damage that may happen to the work by fire, unavoidable accident, or any unusual action of the elements, it shall be entitled to such an extension of time for the completion of the work as the Director of Public Works shall certify to the City to be just and reasonable; provided, however, that the Contractor shall make a claim in writing for such extension of time within ten (10) days after the date the alleged cause for such extension of time occurred.

B. A reasonable and proper extension of time for the completion of the work may also be allowed by the City because of extra work that may be ordered in accordance with the terms of the Contract.

C. If, as determined by the City, the satisfactory execution and completion of the Contract requires work or materials in greater amounts or quantities than those set forth in the Contract, the City may increase the Contract time in the same proportion, with no change to the Contract Amount or any other terms or conditions of the Contract.

SC-27. NORMAL WORK WEEK AND HOLIDAYS

A. The City observes the following holidays: New Year's Day, Presidents’ Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the Friday following Thanksgiving, Christmas Eve, and Christmas.

B. The normal work week shall be five (5) days and the Contractor will not be permitted to work on the holidays set forth in subsection A. above or on Saturdays or Sundays unless otherwise authorized by the City in writing.

C. The normal number of working hours per day will be limited to a maximum of eight (8), unless otherwise authorized by the City.

D. In case of an emergency that may require that work be done on Saturdays, Sundays, holidays, or longer than eight (8) hours per day, the Contractor shall request permission of the City to do so. If in the opinion of the City the emergency is bona fide, it may grant permission to the Contractor to work such hours as may be necessary. Also, if in the opinion of the City, a bona fide emergency exists, it may direct the Contractor to work such hours as may be necessary whether the Contractor requests permission to do so or not. All costs related to overtime wages for inspectors shall be borne by the Contractor provided such overtime is for the convenience of the Contractor.

E. In the event working times exceed those times specified above, for reasons stated above or at the Contractor's request, and the services of inspection personnel are deemed necessary, as determined by the City, the Contractor shall bear the costs for overtime inspection. Such costs shall be deducted from monies due to the Contractor from time to time.

SC-28. RESPONSIBILITY OF THE CONTRACTOR

A. It is the responsibility of the Contractor to construct the work under this Contract so that it will be complete and finished in every detail. If mention has been omitted in the Contract documents of any items of work or materials that are necessary for the completion of, or proper functioning of, the construction, it shall be included without extra payment.

B. If damage is done to any existing work or work placed under this Contract, such as cutting masonry, concrete work, paving, damage to existing utilities, etc., such damage must be repaired and made good without extra payment to the full satisfaction and approval of the City and any agencies having jurisdiction whose work has been affected.

SC-29. LIENS

Neither the final payment nor any part of the retained percentage shall become due until the Contractor shall deliver to the City a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof and, in either case, an affidavit that so far as it has knowledge or information, the releases and receipts include all the labor and material for which a lien could be filed, but the Contractor may, if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the City to indemnify it against any lien. If any lien remains unsatisfied after all payments are made, the Contractor shall refund to the City all monies that the latter may be compelled to pay in discharging such a lien, including all costs and reasonable attorneys’ fee.

SC-30. EXECUTION OF WORK

A. The Contractor shall begin work promptly upon issuance of the Notice to Proceed on the Contract and shall diligently execute the work to completion within the specified number of working days or by the designated completion date. Unless work under the Contract is started within ten (10) days after the Notice to Proceed on the Contract, the City may terminate the Contract with no liability to the Contractor.

B. If, at any time, the Contractor’s progress is determined by the City to be insufficient to meet the intent or schedule of the Contract, the Contractor shall increase the force and supply additional equipment as may be necessary to complete the work at the time and in the manner specified in the Contract. Should the prosecution of the work be suspended by the Contractor, with the consent of the Director of Public Works, the Contractor shall notify the Director of Public Works in writing at least two business days before resuming operations.

C. Notification must be given to the City two business days in advance of any beginning or cessation of work.

SC-31. CHARACTER OF WORKERS AND EQUIPMENT

A. The Contractor shall employ only competent, skillful people to do or supervise the work, and whenever the City shall, in writing, notify the Contractor that any person employed on the work is, in its opinion, incompetent, disobedient, unfaithful, disorderly, discourteous, or otherwise unsatisfactory, such person shall be removed and shall not again be employed on the work.

B. The character, condition, adaptability, and quantity of equipment used by the Contractor shall be such as will be necessary for the proper execution of the work within the specified working time. Power shovels, power cranes, compressors, tampers, power rollers, pavement breaking, material handling, and all other equipment used shall be maintained in good condition and shall be subject to approval of the City prior to and during its use in connection with the work to be performed under the Contract.

SC-32. STRIKES

The Contractor shall resolve all strikes or other labor troubles in a manner that permits timely completion of the Work, and no allowance will be made for delays due to labor disputes in the time limit provided for in the Contract.

SC-33. ABANDONMENT OR DELAY OF WORK

If the work under the Contract shall be abandoned by the Contractor, or if at any time the Director of Public Works shall be of the opinion, and shall so certify in writing to the City, that the performance of the Contract is unnecessarily or unreasonably delayed, or that the Contractor is violating any of the provisions of the Contract or is executing the same in bad faith, or if the work is not fully completed within the time named for its completion, together with such extension of time as may have been granted, the City, by written notice, may order the Contractor to discontinue all work thereunder, or any part thereof; and, thereupon, the Contractor shall discontinue the work, or such part thereof; and, the City shall have the power, by Contract, or otherwise, to complete said work and deduct the entire cost thereof from any monies due or to become due the Contractor under the Contract. For such completion of the work, the City may for itself or its Contractors, take possession of and use or cause to be used any or all materials, tools, machinery, and appliances found on the line of said work. When any part of the Contract is being carried on by the City, as herein provided, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract, and in such manner as not to interfere with the workers employed by the City.

SC-34. SCOPE OF PAYMENT

The payment of any current, semi-final, or final estimate or the acceptance of any part of the work as provided in the specifications shall not affect the obligation of the Contractor to repair, correct, renew, or replace, at its own cost and expense, defects, or imperfections in the construction of the work under the Contract. The City’s payment shall in no way affect Contractor’s responsibility for all damages due or attributable to such defects or imperfections which may be discovered before the final acceptance of the whole work. The City shall have sole authority to determine whether any work or materials are defective or otherwise non-conforming.

SC-35. FINAL INSPECTION AND FINAL PAYMENT

After the City is satisfied that all requirements of the Contract have been met, after all repairs have been made to any defective work that may have become evident, and after the Guarantee or Maintenance Bond has been furnished, the City will pay (as the final payment) to the Contractor all sums reserved or retained, less such amounts as it is entitled to under the provisions of the Contract permanently to retain.

SC-36. EVIDENCE OF PAYMENT

The Contractor shall furnish the City with satisfactory evidence, before or within ten (10) days after the final completion and acceptance of the whole work under the Contract, that all persons, partnerships, and corporations who have done work or furnished materials under the Contract, or in or about the work Contracted for, and who have given written notice to the City of claims against the Contractor on account thereof, have been fully paid or secured. In the event such evidence is not furnished by the Contractor, such amount deemed necessary by the City to pay such claims shall be retained by the City out of any money due the Contractor under the Contract until such claims shall have been fully discharged or such notice withdrawn. The City may also, with the written consent of the Contractor, use any money retained, due or to become due under the Contract, for the purpose of paying for both labor and material for the work, for which claims have not been filed with the City.

SC-37. TERMINATION OF CITY'S LIABILITY

The Contractor’s acceptance of the final payment as provided herein shall constitute a full and irrevocable release of the City, and all of its officers, agents, and employees, from any and all claims, demands, liabilities, or causes of action of any kind arising out of or relating to the work performed under the Contract.

SC-38. TELEPHONE NUMBERS

The Contractor shall provide to the City the names, addresses, and telephone numbers of the responsible personnel who may be contacted at all times in the event the Contractor's services may be required for any eventuality or conditions affecting this work.

SC-39. SAFETY

In order to protect the lives and health of its employees under the Contract, the Contractor shall comply with all occupational safety laws adopted by any governmental entity with jurisdiction and shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of, and in the course of, employment on work under the Contract. The Contractor will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards, including the posting of danger signs and other warnings against hazards. All damage, injury, or loss referred to in the proceeding paragraphs caused directly or indirectly, in whole or in part, by the Contractor, or any subcontractor or anyone employed by them will be remedied by the Contractor. The Contractor alone shall be responsible for the safety, efficiency, and adequacy of its plant, appliances, and methods, and for any damage which may result from their failure or their improper construction, maintenance, or operation.

END OF SECTION

BID FORM

RFB #26-04

The Bidder declares that it has carefully examined and understands the specifications and form of Contract; that it has made such careful examination as is necessary to become informed as to the character and extent of the work required; and that it agrees, if the proposal is accepted, to Contract with the City of Westminster, in the form of Contract hereto attached, to do the required work in the manner set forth in the specifications.

The undersigned acknowledges receipt of Addenda numbers ____ through _____, and this Bid reflects the modifications therein.

The Bidder proposes to furnish all materials and labor, requisite and proper, and to provide all necessary machinery, tools, apparatus, and means for performing the work, and the doing of all the above-mentioned work, in the manner set forth, described, and shown in the specifications and within the time shown on the proposal for the following lump sums and/or unit prices: See Attached Schedule of Values.

All work included in the specifications to make a complete and workable installation is to be paid for under the total prices Bid for the various items of work. The absence from the proposal form of specific bid items for any work included in the specifications means that the cost of any such work contemplated by the specifications must be included in the total price bid.

The Bidder must sign here, and the Bidder’s address must be given. In the case of firms, the firm's name must be signed and subscribed to by at least one member. In the case of corporations, the corporate name must be signed by some authorized officer or agent thereof, who shall also subscribe its name and office. The seal of the corporation shall be affixed and duly attested by its secretary or other authorized officer.

Bidder, Firm, or Corporate Name

Address

By________________________________(SEAL) Bidder, Firm Member

Signature

ATTEST:

Title_______________________________

Date_______________________________

SCHEDULE OF VALUES

3 LS Exterior Painting of the Building according to the Scope of Work

LS

Total

LUMP SUM, BID AMOUNT INCLUDING LINE ITEMS:

The undersigned, having examined the proposed Contract Documents titled:

and having visited the site and examined the conditions affecting the Work, hereby proposes and agrees to furnish all labor, materials, equipment, services and appliances, necessary and incidental to complete the Work as required by said proposed Contract Documents, for the stipulated, lump sum of:

Bid must be written and shown numerically below. In case of a discrepancy, the written amount shall supersede.

(written numerically)

___________________________________________________________________DOLLARS

(written in words)

Item Numbers

Approximate Quantities

Description of Item Unit Price

Amount

1. LS Mobilization and Demobilization

2.

Deck Repair according to the Deck Repair Scope of

Work

Bidder ____________________________________________________

Address___________________________________________________

Phone ____________________________

Signature _________________________ Fax_______________

Printed Name ______________________ Date _____________

Basis of Award

The Contract, if awarded, will be awarded to the responsible bidder who has proposed the lowest Contract Sum, subject to the Owner's right to reject any or all bids, to waive informality and irregularity in the bids and in the bidding, and to negotiate with any of the bidders. Award of the Contract will be at the sole discretion of the City of Westminster and in the best interest of the City of Westminster.

EXPERIENCE RECORD

Complete the following Experience Record and attach the same to the Bid, covering work performed similar in size and…