26-18 RFQ Artisan Plumbing Maintenance and Repair Services.pdf

TOWN OF WESTERLY / WESTERLY PUBLIC SCHOOLS

REQUEST FOR QUOTATION

RFQ Description Artisan- Plumbing Maintenance and Repair Services RFQ Number: 26-18 June 16, 2025

The Town of Westerly/Westerly Public Schools, Westerly, RI, acting through its Purchasing Agent, is hereby soliciting sealed bids for the above referenced RFQ and you are hereby invited to submit an hourly fee for the Scope of Work described in this Request for Quotation, in strict accordance with the Bid Documents.

TERMS AND CONDITIONS

Bids shall be based on the Terms and Conditions as referenced in this Request for Quotation.

BID DUE DATE/SUBMITTING INSTRUCTIONS

BIDS ARE DUE and MUST BE SUBMITTED on the attached BID FORM, Attachments B, NO LATER THAN

2:00 p.m., June 30, 2025. A Bid submitted on other than the attached BID BREAKDOWN FORM may be rejected. Envelopes containing bids must be sealed and addressed to the undersigned, at the Purchasing Department, Town of Westerly, 45 Broad Street, Westerly, RI 02891 and must be clearly marked with the Name and Address of Bidder, Bid Due Date and Time, and RFQ Number and Title.

Bidders must include the original plus one Public copy on a flash drive as defined in the Instruction to Bidders.

BIDDER’S QUESTIONS

Questions regarding this solicitation must be emailed and received by the Purchasing Dept. at ecardillo@westerlyri.gov no later than 12:00 p.m. June 23, 2025, in a Microsoft Word attachment with the corresponding solicitation number. Questions, if any, and responses will be posted on the Westerly Public Schools website www.westerlyri.gov as an addendum to this solicitation.

SITE WALK (NON MANDATORY)

Site Walk (during 7am-1pm M-F by appointment only, 24 hours’ notice is required) at the discretion of the vendor between June 23, 2025 – June 27, 2025. Contact Mark McKinnon, 401-326-5717 mmckinnon@westerly.k12.ri.us for School locations and Chuck Sposato , 401-741-7189, csposato@westerlyri.gov, for the Town locations.

Vendor Award-Start-July 1, 2025

Contract End-June 30, 2028

Optional extension of two (2) twelve (12) month terms at the Town’s discretion.

SCHOOL LOCATIONS

Westerly High School-Ward-23 Ward Avenue

Westerly High School-Babcock Hall-23 Highland Avenue

Westerly Middle School-10 Sandy Hill Road

State Street Elementary School-35 State Street

Dunn’s Corners Elementary School-8 ½ Plateau Road

Springbrook Elementary School-39 Springbrook Road

Bus Transportation-8 Springbrook Road http://www.westerlyri.gov/ mailto:mmckinnon@westerly.k12.ri.us mailto:csposato@westerlyri.gov

Transition Academy- 5 Union Street (Lower Level)

TOWN LOCATIONS

DPW Facility: 35 Larry Hirsch lane Westerly Town Hall: 45 Broad St Westerly Animal Shelter: 33 Larry Hirsch lane Senior Center: 39 State St.

Adult Day Care Center: 5 Union St.

RFQ BID DOCUMENTS

Attachment A – Scope of Work, Pages 3-4 Attachment A1-Scope of Work Detail Page 5 Attachment A2-Equipment List (Separate attached pdf) Attachment B – Bid Form Pages 6-7 Attachment C – Instruction to Bidders Pages 8-13 APPENDIX A -- Bidder Certification Pages 14-18 Agreement-Westerly Standard Agreement Pages 19-27

BIDDER CERTIFICATION FORM: Bidders must include, complete, and submit a Bidder

Certification Form with each bid proposal.

This solicitation is available at www.westerlyri.gov.

Offers are irrevocable for one hundred twenty (120) days from the opening date (or such other extended period set forth in the solicitation), and may not be withdrawn, except with the express permission of the Purchasing Agent. All pricing will be firm and fixed unless otherwise indicated. The

Town of Westerly/Westerly Public Schools is exempt from Federal excise taxes and State Sales and

Use Taxes. Such taxes shall not be included in the bid price.

The Town of Westerly/Westerly Public Schools reserves the right to reject any/all bids, waive any informalities in the bids received and to accept and award the bid to the lowest qualified bid deemed most favorable to the interest of the Town/School.

The Town/School does not discriminate based on age, color, gender, national origin, race, religion, sexual orientation, or disability in accordance with applicable laws and regulations

Regards, Eileen Cardillo Purchasing Agent Town of Westerly/Westerly Public Schools 45 Broad Street Westerly, RI 02891 Tel: (401) 348-2599 Email: ecardillo@westerlyri.gov www.westerlyri.gov http://www.westerlyri.gov./ mailto:ecardillo@westerlyri.gov http://www.westerly/

ATTACHMENT "A"

SCOPE OF WORK

Artisan- Plumbing Maintenance and Repair Services

RFQ 26-18

SCOPE OF WORK

1. Description of Scope

This Contractor will be responsible for the completion of the following work scope items:

Provide the Town of Westerly/Westerly Public Schools the services of a licensed Pluming Technician in the State of Rhode Island and an apprentice/helper (if required) for a three (3) year Master Pricing Agreement period from July 1, 2025 to June 30, 2028 according to the agreed upon hourly labor rates, work schedules, and parts and materials percentage markup.

At the Town’s discretion the contract may be extended for an additional two (2) twelve (12) month terms.

Westerly is seeking proposals for commercial plumbing work to include but not limited to repair and replacement of piping, backflow preventer, valves, toilets, sinks, fountains, removing piping blockages, troubleshooting wastewater systems, construction inspections, identifying the cause of a flood and repairing as necessary, routine maintenance and all related components required for School and Town buildings.

It must be understood that the total costs per individual job (service request) cannot exceed $10,000.00 including parts and materials.

The Successful Bidder will be required to furnish the Town of Westerly/Westerly Public Schools adequate proof of federal liability, motor vehicle liability, and worker’s compensation insurance in amounts sufficient to satisfy Town and School requirements specified herein, and to maintain said insurance for the duration of the contract period.

The Successful Bidder will have adequate manpower to satisfy Westerly’s routine and emergency requirements.

It should be noted that there will not be a guaranteed contract but only a Master Pricing Agreement between contractor and Westerly. Westerly makes no assurances, intended or implied, that the winning bidder will receive any given number of service requests during the contract period of the contract. Westerly also reserves the right to cancel the agreement at any time, with or without cause, without penalty or obligation.

The Successful Bidder agrees to submit ALL Quotes to Westerly and provide written documentation of material/equipment costs.

It is intended that some of the work will be routine in nature and scheduled during regular business hours. However, emergencies could occur. Repetitive failure to initiate service with the allotted response time will be grounds for cancellation of the contract.

Dispatching-The successful bidder must be able to dispatch in the following manner:

Safety/Health/Environmental issues/DOB/FD/DOH violations-Dispatch 4 hours/resolve 8 hours

Preventative Maintenance-The successful bidder must be able to perform preventative maintenance services per the Original Equipment Manufacturers guidelines/specifications. Any deficiencies noted on the PM’s are to be recorded with photo documentation and supported by a subsequent proposal. Materials required for repairs noted in the inspection will be billed at cost plus your mark-up fee. OEM formatted PM sheets are required to be submitted with each PM Service. This includes any State required certifications/documentation for any equipment identified above.

Exclusions-BMS controls, or software, unit heater filters & water treatment systems.

It is expected that work performed according to recognized industry standards, that all required replacements parts and materials are warranted by respective manufacturers. Failure to meet the quality standards of Westerly will be grounds for termination of contract.

The Successful Bidder will be required to comply with the State of Rhode Island Prevailing Wage requirements for the applicable trades See https://sam.gov/wage-determination/.

All bid prices will be considered firm. All bid prices shall be all inclusive of any additional charges.

All orders must be clearly identified with purchase order number, department name and person’s attention. Proposals/Invoices must show quantity of labor hours, quantity of materials including rates/unit costs for each. When work orders (WO) are issued the invoices must reference the WO number. Unless it is an emergency or you receive a verbal approval from the Director of Buildings & Maintenance, a PO is required before commencing work.

Invoice must not exceed purchase order amount and MUST show the Purchase Order Number.

Invoice must be submitted with 30 days of the service performed.

Staffing of Job The Successful Bidder will provide the appropriate number of staff for each job and will not artificially load the job with helper/apprentices etc. The Town/School will not pay for non-required personnel.

Material/Equipment The Successful Bidder agrees to provide written back-up documentation of acquisition costs upon request by the Town of Westerly/Westerly Public Schools, for items over $500.00 and will solicit competitive quotes for the parts/materials/equipment over $2,500.00.

The Successful Bidder is responsible to familiarize themselves with the Town of Westerly’s permitting regulations and it is up to them to know when a permit needs to be pulled and to schedule/be available for an inspection if the Town deems it necessary when the job is finished.

ATTACHMENT A-1

The Proposer must be able to demonstrate their ability to administer a comprehensive preventative maintenance program which is inclusive, but not limited to, the tasks outlined below.

The awarded Contractor shall also provide but is not limited to the following;

• Repair replace steam gas, potable water and drain lines

• Emergency backhoe services for subgrade plumbing issues

• Locate, repair and replace leaking water and sewer pipes (PVC, CPVC, galvanic pipe and copper tubing);

• Unclog sewer lines; unclog drains; jet drain lines; install backflows (including testing and repair);

scope drain lines

• Test and inspect domestic water backflows, booster and sewerage pumps per OEM/State guidelines

RI Licenses are required; a copy must be submitted with the bid.

ATTACHMENT "B"

Bid Form

“THIS FORM MUST BE COMPLETED AND SUBMITTED WITH BID”

RFQ NUMBER: 26-18

RFQ NAME: Artisan- Plumbing Maintenance and Repair Services

The Bidder stated below agrees to provide all labor, materials, equipment, supervision and all activities required to provide a complete scope of work as defined in the above referenced Request for Quotation, for the following Hourly Rates per the dispatch matrix as noted on the Scope of Work (no additional charges are allowed):

A. Regular Service – Normal business hours, 8:00 a.m. through 4:30 p.m., Monday through Friday.

Licensed Plumber - $______________ per hour.

Apprentice/helper (if required) - $______________ per hour.

B. Emergency Service – nights, weekends and holidays.

Licensed Plumber - $______________ per hour.

Apprentice/helper (if required) - $______________ per hour.

C. Markup for required Parts and Materials shall not exceed ______% of the cost of acquisition. I agree to provide written documentation of acquisition costs upon request by the Town of Westerly, which must include competitive quotes for the parts/materials/equipment over $2,500.00

D. Company’s Workday Telephone #/Cell # - ______________________

Contact Name:____________________________________________ Email Address:____________________________________________

Company’s After Hours/Holiday Telephone # - ___________________

Contact Name:_____________________________________________

Email Address:_____________________________________________

The Hourly Rates listed above include all costs such as profit, overhead, insurance, small tools, etc., associated with the Hourly Rate.

Did you complete & submit Appendix A _______Yes _______No

The price includes all stipulations and requirements of Addendum No.____________, which have been received and accepted by the undersigned.

The Successful Bidder agrees to submit ALL Quotes to Westerly and provide written documentation on material/equipment costs.

What is the Company’s Experience Modification Rating from your Insurance provider?_______EMR.. If over 1.0, please explain why:

________________________________________________________________Please include a copy of your Certificate of Insurance.

Did you deviate from the specifications? ______Yes _____No.

EXCLUSIONS:

Start Date ARO_________________

This Request for Quotation, together with all documents, specifications, drawings and documents/attachments/Addendums, are included and constitute the entire proposal from the bidder.

There are no terms, conditions, or provisions, either oral or written, between the parties hereto, other than those contained herein. The Request for Quotation supersedes all written representation, inducements, or understandings of any kind or nature between the parties hereto, relating to the project involved herein. Payment Terms are net 30 days, for this scope of work.

The submitted unit pricing for this scope of work shall remain firm for the duration of any contract awarded to the Successful Bidder.

Company Representative

Print Name: _________________________________

Authorized Signature: ______________________________________

Email Address City State Zip

Telephone Number

Date: __________

Company Name: _______________________________________________

ATTACHMENT “C”

INSTRUCTIONS TO BIDDERS

PURCHASING DEPARTMENT

1. Submission of Bids

a. Envelopes containing bids must be sealed and addressed as indicated on the Invitation to Bid and must be marked with the name and address of bidder, date and bid due time, and name of bid, along with RFQ number.

b. The Purchasing Agent will decide when and if the specified time has arrived to open bids, and no bid received thereafter will be considered. The Purchasing Agent reserves the right to waive any informality in the bidding process.

c. Any bidder may withdraw his/her bid by written request at any time prior to the advertised time for opening. Telephonic bids, amendments, or withdrawals will not be accepted.

d. Negligence on the part of the bidder in preparing the bid confers no rights for the withdrawal of the bid after it has been opened.

e. Proposals received prior to the time of opening will be securely kept unopened. No responsibility will attach to an officer or person for the premature opening of a proposal not properly addressed and identified.

f. Any deviation from the Specifications must be noted in writing and attached as part of the bid proposal. The Bidder shall indicate the item or part with the deviation and indicate how the bid will deviate from Specifications.

2. Prices

Bidders shall state the proposed price in the manner as designated in the Bid Proposal Form. If there is a discrepancy between the unit prices and the extended totals, the unit prices shall govern. In the event, there is a discrepancy between the price written in words and written in figures, the prices written in words shall govern.

3. Terms

Cash discounts offered will be considered in determining awards. The discount period shall be computed from the date of delivery or from the correct invoice as received by Town Treasurer, whichever date is later. The date of delivery shall be construed to mean the date on which bid item is determined to meet the specifications and is therefore acceptable. Discounts for a period less than thirty (30) days may not be considered. Payment terms are net 30.

4. Qualification of Bidders

The Town/School’s may make such investigations as it deems necessary to determine the ability of the bidder to perform the work. The bidder shall furnish the town with all such information and data for the purpose as may be requested.

5. Addenda and Interpretations

No interpretation on the meaning of the Plans, Specifications or any other Contract Document will be made to any bidder orally. Every request for such interpretations must be in writing.

All questions pertaining to the specifications or proposal procedure should be first directed to the Purchasing Agent. Where information from the Purchasing Agent differs from information from any other source, the information from the Purchasing Agent prevails. The Town/School is not responsible for information obtained from any other source.

6. “Or Equal” Bidding

When the name of a manufacturer, a brand name, or manufacturer’s catalogue number is issued as the bid standard in describing an item followed by “Or Equal” this description is used to indicate quality, performance and other essential characteristics of the article required.

If bidding on other than the make, model, brand or sample specified, but equal thereto, bidder must so state by giving the manufacturer’s name, catalogue number and any other information necessary to prove that the intended substitution of a commodity is equal in all essential respects to the bid standard. Bidder must prove to the satisfaction of the Town of Westerly/Westerly Public Schools or by person or persons designated by him, that his/her designated substitute is equal to the bid standard: otherwise, his/her bid will be declared “No Bid” insofar as the item in question is concerned.

7. Award and Contract

Unless otherwise specified, the Town of Westerly/Westerly Public Schools reserves the right to make award by item or items, or by total, as may be in the best interest of the Town; accept a proposal based on considerations other than costs; and waive and modify any provisions of the request for proposal.

A written award (or acceptance of Bid) mailed (or otherwise furnished) to the successful bidder followed by an authorized Purchase Order shall, unless otherwise specified, be deemed to result in a binding contract without further action by either party. The Bidder is responsible for all costs and expenses to develop and submit a proposal in response to the solicitation.

8. Equal Employment Opportunity Policy Statement

For the purposes of this Policy, the term “vendor” shall mean any and all individuals, companies, corporations, and business entities that provide goods or services to the Town of Westerly/Westerly Public Schools pursuant to any and all relevant and appropriate Federal, State, and local purchasing rules, regulations, and procedures.

The Town of Westerly/Westerly Public Schools is committed to the general policy and principle of Equal Employment Opportunity in terms of retaining vendors to provide the Town/Schools with goods and services necessary for routine and emergency operations. The Town of Westerly/Westerly Public Schools will not discriminate against vendors as entities, or individual employees thereof on any legally recognized basis included, but not limited to, race, age, color, religion, sex, marital status, national origin, physical or mental disability, Veteran’s status, pregnancy, sexual orientation, genetic conditions, predisposition to certain diseases, or ancestry, except where a bona fide occupational qualification exists.

9. Standard Insurance and Indemnification Requirements (for Construction/Labor Services)

General Conditions: Within ten (10) business days of the award or notice, or prior to the start of work, whichever comes first, the contractor will provide, pay for, and maintain in full force and affect the insurance outlined here for coverage’s at not less than the prescribed minimum limits of liability. Such coverage is to remain in force during the life of the contract and for such additional time as may be required, and will cover the contractor’s activities, those of any and all subcontractors, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.

A. Certificates of Insurance: The contractor will give the owner a certificate of insurance completed by a duly authorized representative of their insurer certifying that at least the minimum coverage’s required here are in effect and specifying that the liability coverage’s are written on an occurrence form and that the coverage’s will not be canceled, non-renewed, or materially changed by endorsement or through issuance of other policy(ies) of insurance without thirty (30) days advance written notice to:

Town of Westerly, 45 Broad Street, Westerly, Rhode Island, 02891 Attn: Purchasing Agent. Failure of the owner to demand such certificate or other evidence of full compliance with these insurance requirements or failure of the owner to identify a deficiency from evidence provided will not be construed as a waiver of the contractor’s obligation to maintain such insurance.

B. Insurer Qualification: All insurance will be provided through companies authorized to do business in the State of Rhode Island and considered acceptable by the owner, with an A.M. Best Rating of A-

/VIII.

C. Additional Insured: To the extent commercially available at no additional cost, the policy or policies providing insurance as required, with the exception of professional liability and workers’ compensation, will defend and include the owner and owner’s architects, directors, officers, representatives, agents, and employees as additional insureds on a primary basis for work performed under or incidental to this contract.

D. Retroactive Date and Extended Reporting Period: If any insurance required here is to be issued or renewed on a claims-made form as opposed to the occurrence form, the retroactive date for coverage will be no later than the commencement date of the project and will state that in the event of cancellation or nonrenewal, the discovery period for insurance claims (tail coverage) will be at least 36 months.

E. Subcontractors’ Insurance: The contractor will cause each subcontractor employed by contractor to purchase and maintain insurance of the types specified below. When requested by the owner, the contractor will furnish copies of certificates of insurance evidencing coverage for each subcontractor.

F. Waiver of Subrogation: The contractor will require all insurance policies in any way related to the work and secured and maintained by the contractor to include clauses stating each underwriter will waive all rights of recovery, under subrogation and otherwise, against owner, architect, and all tiers of contractors or consultants engaged by them. The contractor will require of subcontractors, by appropriate written agreements, similar waivers each in favor of all parties enumerated in this section.

G. Indemnification/Hold Harmless: The contractor shall indemnify, defend, and hold harmless the owner and, if applicable, the engineer and their agents and employees from and against all claims, damages, losses and expenses, including attorney’s fees of counsel selected by the owner, arising out of or resulting from the performance of the work and /or the supplying of materials, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom, and (b) is caused in whole or in part by any negligent act or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not they are caused in part by a party indemnified hereunder.

II. Insurance Limits and Coverage:

A. To the extent applicable, the amounts and types of insurance will conform to the minimum terms, conditions and coverages of Insurance Services Office (ISO) policies, forms, and endorsements.

B. If the contractor has self-insured retention’s or deductibles under any of the following minimum required coverage’s, the contractor must identify on the certificate of insurance the nature and amount of such self-insured retention’s or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retention’s or deductibles will be the contractor’s sole responsibility.

C. Commercial General Liability: The contractor will maintain commercial general liability insurance covering all operations by or on behalf of the contractor on an occurrence basis against claims for personal injury (including bodily injury and death) and property damage (including loss of use). Such insurance will have these minimum limits:

Minimum Limits: $1,000,000 each occurrence $2,000,000 each occurrence if blasting is required $2,000,000 general aggregate with dedicated limits per project site $2,000,000 products and completed operations aggregate $1,000,000 personal and advertising injury

Should blasting be required, all necessary permits for the use of explosives shall be obtained by the contractor or insured from the Fire Marshall.

Special hazards shall be covered if needed by endorsement to the Commercial Liability policy/policies as follows:

1) Property damage liability arising out of the collapse of or structural injury to any building or structure due to excavation (including burrowing, filling or backfilling in connection therewith), tunneling, pile driving, cofferdam work or caisson work; or to moving, shoring, underpinning, razing or demolition of any building or structure, or removal or rebuilding of any structural support thereof.

2) Property damage liability for injury to or destruction of property arising, directly or indirectly, from blasting or explosions however caused, other than explosions of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment.

3) Property damage liability for injury to or destruction of wires, conduits, pipes, mains, sewers or other similar property, or any apparatus in connection therewith, below the surface of the ground, arising from and during the sue of mechanical equipment for the purpose of excavating or drilling within project limits; injury to or destruction of property at any time resulting therefrom.

D. Automobile Liability: The contractor will maintain business auto liability coverage for liability arising out of any auto, including owned, hired, and non-owned autos.

Minimum Limits: $1,000,000 combined single limit each accident

E. Workers’ Compensation: The contractor will maintain workers’ compensation and employer’s liability insurance. Waiver of subrogation in favor of the Town of Westerly shall apply.

Minimum Limits: Workers’ Compensation: statutory limit Employer’s Liability: $500,000 bodily injury for each accident $500,000 bodily injury by disease for each employee $500,000 bodily injury disease aggregate

F. Umbrella/Excess Liability: The contractor will maintain coverage applying over the underlying

Commercial General Liability, Automobile Liability, Pollution Liability (where applicable), and Employer Liability section of the Workers Compensation coverage. The Town of Westerly shall have the sole discretion in increasing or reducing the Umbrella/Excess Liability coverage requirements depending on the scope and/or size of the work to be performed by Contractor/Bidder.

Minimum Limits: $5,000,000 per occurrence/$5,000,000 annual aggregate

Coverage applies over the underlying Commercial General Liability, Automobile Liability, pollution liability (where applicable), and Employer Liability section of the Workers Compensation Coverage.

G. Professional Liability (for consultants, engineers, and other individuals/businesses providing professional services)

Each Claim/Wrongful Act: $1,000,000 Annual Aggregate $1,000,000

Town of Westerly/Westerly Public Schools reserves the right to amend amounts of coverage required and type of coverage’s provided based on work or service to be performed.

10. Labor Regulations

The following paragraphs regarding nondiscrimination in employment shall be included and become part of these Specifications:

A. The Contract for Work under this proposal will obligate the contractor and subcontractors not to discriminate in employment practices and conform with Executive Order No. 11246.

B. Bidders must, if required, submit a compliance report concerning their employment practices and policies in order to maintain their eligibility to receive award of the Contract.

C. Successful bidders must, if required, submit a list of all subcontractors who will perform Work on the Project, and written signed statements from authorized agents of labor pools with which they will or may deal with for employees on the Work, together with any information to the effect that such labor pools practices or policies are in conformity with Executive Order No.

11246; that they will affirmatively cooperate in or offer no hindrance to the recruitment, employment, and equal treatment of employment, and equal treatment of employees seeking employment and performing Work under this Contract; or a certification as to when such agents or labor pools have failed or refused to furnish them, prior to award of the Contract.

11. Wage Rates (for on-site construction labor services)

Attention of the bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the Contract. In conformity with the provisions of Chapter 13 of Title 37, General Laws, Rhode Island, 1956, as amended, the minimum wages for a day’s work paid to craftsmen, teamsters and laborers shall be not less than the customary and prevailing rate of wages for a day’s work in the locality where the work is undertaken. Such a schedule of wages has been established on a minimum hourly basis and is in file in the office of the State Department of Labor. See https://sam.gov/wage-determination/.

12. Compliance with Instructions to Bidders

These Instructions to Bidders contain terms and conditions that will govern the preparation and submission of a bid proposal and any contract awarded pursuant to this solicitation.

Bidders must comply with each and every requirement of these Instructions to Bidders. Any failure to comply with any requirement may result in the determination of nonresponsive bid proposal and/or the rejection of the bid proposal.

13. Priority of Terms and Conditions

The terms and conditions in these Instructions to Bidders supersede any and all inconsistent or conflicting terms and conditions in any other provision of any other document in this solicitation or in the bid proposal and govern this solicitation, the bid proposal, and any contract awarded pursuant to this solicitation.

14. Public Copy

Bid proposals submitted in response to this solicitation are public records pursuant to the Rhode Island "Access to Public Records Act," R. I. Gen. Laws §§ 38-2-1 et seq. Each bid proposal must include a "public copy" to be available for public inspection upon the opening of bids. The public copy must be submitted in .pdf (portable document file) format on a read-only CD-R media disk.

The disk must include all the documents submitted in response to the solicitation concatenated or merged into one file.

The public copy disk must be separately enclosed in a protective cover clearly marked "Public Copy" and include the following information: (1) Solicitation Title; (2) name of bidder; (3) Solicitation Number; and (4) bid proposal submission deadline. The .pdf file must be named in the following manner:

Solicitation Number Bid Proposal Submission Deadline_BidderName.pdf

Bidders may redact in the pubic copy any trade secrets or commercial or financial information which is of a privileged or confidential nature pursuant to the Access to Public Records Act. If a “hard” public copy is furnished at time of bid, the bidder may follow up with the disk copy before the end of the business Bid Due Date day.

15. Binding Contract

A binding contract between the Town of Westerly/Westerly Public Schools and the successful bidder will be formed by the issuance of a Purchase Order from the Purchasing Department, and only by the issuance of a Purchase Order, and only to the extent of available funds. The binding contract will incorporate and be subject to the terms and conditions of the solicitation, including the Invitation to Bid, the Instructions to Bidders, the Bid Preparation Checklist, the Request for Quote, the Bidder Certification Form, the Agreement (if applicable to this solicitation), and the Purchase Order. The successful bidder shall be authorized to commence work only upon the issuance of the Purchase Order and, in addition, an authorization from the department.

Appendix A Bidder Certification Form

ALL OFFERS ARE SUBJECT TO THE REQUIREMENTS, PROVISIONS AND PROCEDURES

CONTAINED IN THIS CERTIFICATION FORM. Offerors are expected to read, sign and comply with all requirements. Failure to do so may be grounds for disqualification of the offer contained herein.

Rules for Submitting Offers

This Certification Form must be attached in its entirety to the front of the offer and shall be considered an integral part of each offer made by a vendor to enter a contract with the Town of Westerly/Westerly Public Schools. As such, submittal of the entire Bidder Certification Form, signed by a duly authorized representative of the offeror attesting that he/she {1) has read and agrees to comply with the requirements set forth herein and (2) to the accuracy of the information provided and the offer extended, is a mandatory part of any contract award.

To assure that offers are considered on time, each offer must be submitted with the specific Bid/RFP/RFQ number, date and time of opening marked in the upper left hand corner of the envelope. Each bid/offer must be submitted in separate sealed envelopes. A complete signed (in ink) offer package must be delivered to the Town of Westerly/Westerly Public Schools Purchasing Agent at the location indicated within the bid by the time/date specified for the opening of responses in a sealed envelope.

Bids must be submitted' on the bid solicitation forms provided, indicating brand and part numbers of items offered, as appropriate. Bidders must submit detailed cuts and specs on items offered as equivalent to brands requested WITH THE OFFER. Bidders must be able to submit samples if requested.

Documents misdirected to other Town locations or which are not present in the Town of Westerly/Westerly Public Schools Purchasing Office at the time of opening for whatever cause will be deemed to be late and will not be considered. Postmarks shall not be considered proof of timely submission. The Town of Westerly/Westerly Public Schools reserves the right to reject any and all proposals, to waive any informality in the proposals received and to accept the proposal deemed to be most favorable to the best interests of the Town/Schools.

SOLICITATIONS. To assure maximum access opportunities for users, public bid/RFP solicitations shall be posted on the website for a minimum of seven days and no amendments shall be made within the last five days before the date an offer is due. Except when access to the website has been severely curtailed and it is determined by the Purchasing Agent that special circumstances preclude extending a solicitation due date, requests to mail or fax hard copies of solicitations will not be honored. When the result of an internet solicitation is unsuccessful, the Town of Westerly/Westerly Public Schools will cancel the original solicitation and re-solicit the original offer directly from vendors.

PRICING. Offers are irrevocable for ninety (90) days from the opening date (or such other extended period set forth in the solicitation), and may not be withdrawn, except with the express permission of the Purchasing Agent. All pricing will be firm and fixed unless otherwise indicated. (R.I Sales Tax under the 1956 General Laws of the State of RI, 44-18-30 Para1, as amended.) The Town of Westerly/Westerly Public Schools is exempt from Federal excise taxes and State Sales and Use Taxes. Such taxes shall not be included in the bid price.

DELIVERY and PRODUCT QUALITY. All offers must define delivery dates for all items; if no delivery date is specified, it is assumed that immediate delivery from stock will be made. The contractor will be responsible for delivery of materials in first class condition. Rejected materials will be at the vendor's expense. PRICES QUOTED ARE FOB DESTINATION. No additional shipping, handling, or fuel surcharge costs will be honored by the Town/School. Only inside delivery and set-up, where required, will be accepted. TAILGATE DELIVERIES WILL BE REFUSED. Deliveries must consist only of new merchandise or equipment (unless otherwise specified) and shall be made between 8:30 a.m. and 3:00 p.m., Monday through Friday. No delivery shall become due or be acceptable without an authorized Purchase Order issued by the Purchasing Agent.

PREVAILING WAGE, OSHA SAFETY TRAINING and APPRENTICESHIP REQUIREMENTS. Bidders must comply with the provisions of the Rhode Island labor laws, including R.I. Gen. Laws§§ 37-13-1 et seq. and occupational safety laws, including R.I. Gen. Laws§§ 28-20-1 et seq. These laws mandate for public works construction projects the payment of prevailing wage rates, the implementation and maintenance of occupational safety standards, and for projects with a minimum value of $1 Million, the employment of apprentices. The successful Bidder must submit certifications of compliance with these laws from each of its subcontractors prior to their commencement of any work. Prevailing wage rates, apprenticeship requirements, and other workforce and safety regulations are accessible at www.dlt.ri.gov.

PUBLIC RECORDS. Offerors are advised that all materials submitted to the Town of Westerly/Schools for consideration in response to this solicitation will be considered without exception to be Public Records pursuant to Title 38 Chapter 2 of the Rhode Island General laws, and will be released for inspection immediately upon request once an award has been made. Offerors are encouraged to attend public bid/RFP openings to obtain Information; however, bid/RFP response summaries may be reviewed after award(s) have been made by visiting www.westerlyri.gov or appearing in person at Westerly Town Hall, Purchasing Office, Mondays through Fridays between 8:30am-3:30pm. Telephone requests for results will not be honored. Written requests for results will only be honored if the information is not available on the website.

Award will be made to the responsive and responsible offeror quoting the lowest net price in accordance with specifications, for any individual item(s), for major groupings of items, or for all items listed, at the Town’s sole option.

BID SURETY. Where bid surety is required, for construction/labor services, bidder must furnish a bid bond or certified check for 5% of the bid total with the bid, or for such other amount as may be specified. Bids submitted without a required bid surety will not be considered. Contractor awarded a contract with a contract price in excess of fifty thousand dollars ($50,000) for construction, buildings or public works is to file with the proper authority good and sufficient bond with surety furnished by any surety company authorized to do business in the State of Rhode Island and in accordance with Chapter 13 of the General Laws of Rhode Island entitled “Labor and Payment of Debts by Contractors”.

SPECIFICATIONS. Unless specified "no substitute", product offerings equivalent in quality and performance will be considered (at the sole option of the Town/School) on the condition that the offer is accompanied by detailed product specifications. Offers which fail to include alternate specifications may be deemed nonresponsive.

VENDOR AUTHORIZATION TO PROCEED. When a purchase order, change order, contract/agreement or contract/agreement amendment is issued by the Town of Westerly/Westerly Public Schools, no claim for payment for services rendered or goods delivered contrary to or more than the contract terms and scope shall be considered valid unless the vendor has obtained a written change order or contract amendment issued by the Town/Schools PRIOR to delivery.

Any offer, whether in response to a solicitation for proposals or bids, or made without a solicitation, which is accepted in the form of an order OR pricing agreement made in writing by the Town’s Purchasing Department, shall be considered a binding contract.

GENERAL TERMS AND CONDITIONS OF CONTRACTS. This solicitation and any contract or purchase order arising from it are issued in accordance with the specific requirements described herein, and the State's Purchasing Laws and Regulations and other applicable State Laws. The General Terms and Conditions are incorporated into all the Town of Westerly/Westerly Public Schools contracts.

ARRA SUPPLEMENTAL TERMS AND CONDITIONS. Contracts and sub-awards funded in whole or in part by the American Recovery and Reinvestment Act of 2009. Pub.L.No. 111-5 and any amendments thereto, such contracts and sub-awards shall be subject to the Supplemental Terms and Conditions for Contracts and Sub-awards funded in whole or in part by the American Recovery and Reinvestment Act of 2009. Pub. l.

No. 111-5 and any amendments thereto located on the Division of Purchases website at www.purchasing.ri.gov.

http://www.westerlyri.gov/ http://www.purchasing.ri.gov/

EQUAL EMPLOYMENT OPPORTUNITY. Compliance certificate and agreement procedures will apply to all awards for supplies or services valued at $10,000 or more. Minority Business Enterprise policies and procedures, including subcontracting opportunities as described in Title 37 Chapter 14.1 of the Rhode Island General Laws also apply.

PERFORMANCE BONDS. Where indicated, successful bidder must furnish a 100% performance bond and labor and payment bond for contracts subject to Title 37 Chapters 12 and 13 of the Rhode Island General Laws. All bonds must be furnished by a surety company authorized to conduct business in the State of Rhode Island. Performance bonds must be submitted within 21 calendar days of the notice of award.

DEFAULT and NON-COMPLIANCE Default and/or non-compliance with the requirements and any other aspects of the award may result in withholding of payment(s), contract termination, debarment, suspension, or any other remedy necessary that is in the best interest of the Town of Westerly.

COMPLIANCE Vendor must comply with all applicable federal, state and local laws, regulations and ordinances SPRINKLER IMPAIRMENT AND HOT WORK. The Contractor agrees to comply with the practices of the Town/Town’s Insurance carrier for sprinkler impairment and hot work. Prior to performing any work, the Contractor shall obtain the necessary information for compliance from the Risk Management Office at the Department of Administration or the Risk Manager at the Town of Westerly.

PUBLIC COPY. Each bid proposal for a public works project must include a "public copy'' to be available for public inspection upon the opening of bids. Bid Proposals that do not include a copy for public inspection will be deemed nonresponsive.

For further information on how to comply with this statutory requirement, see R.I. Gen. Laws§§ 37-2-18(b) and {j). Also see State of Rhode Island Procurement Regulation 5.11 at http://www.purchasing.ri.gov/rulesandregulations/rulesAndRegulations.aspx http://www.purchasing.ri.gov/rulesandregulations/rulesAndRegulations.aspx

ALL CONTRACT AWARDS ARE SUBJECT TO THE FOLLOWING DISCLOSURES & CERTIFICATIONS

Offerors must respond to every disclosure statement and submit with your proposal. A person authorized to enter into contracts must sign the offer and attest to the accuracy of all statements.

Indicate Yes (Y) or No (N):

__ 1 State whether your company, or any owner, stockholder, officer, director, member, partner, or principal thereof, or any subsidiary or affiliated company, has been subject to suspension or debarment by any federal, state, or municipal government agency, or the subject of criminal prosecution, or convicted of a criminal offense with the previous five {5) years. If so, then provide details below.

__ 2 State whether your company, or any owner, stockholder, officer, director, member, partner, or principal thereof, or any subsidiary or affiliated company, has had any contracts with a federal, state or municipal government agency terminated for any reason within the previous five (5) years. If so, then provide details below.

__ 3 State whether your company or any owner, stockholder, officer, director, member, partner, or principal thereof, or any subsidiary or affiliated company, has been fined more than $5000 for violation(s) of Rhode Island environmental laws by the Rhode Island Department of Environmental Management within the previous five (5) years. If so, then provide details below.

__ 4 I/we certify that I/ we will immediately disclose, in writing, to the Purchasing Agent any potential conflict of interest which may occur during the course of the engagement authorized pursuant to this contract.

__ 5 I/we acknowledge that, in accordance with (1) Chapter §37-2-54(c) of the Rhode Island General Laws "no purchase or contract shall be binding on the state or any agency thereof unless approved by the Department of Administration or made under general regulations which the Purchasing Agent may prescribe,", including change orders and other types of contracts and under State Purchasing Regulation

8.2.1.1.2 any alleged oral agreement or arrangements made by a bidder or contractor with any department or an employee of the Town of Westerly may be disregarded and shall not be binding on the Town of Westerly.

__ 6 I/we certify that I or my/our firm possesses all licenses required by Federal and State laws and regulations as they pertain to the requirements of the solicitation and offer made herein and shall maintain such required license(s) during the entire course of the contract resulting from the offer contained herein and, should my/our license lapse or be suspended, I/we shall immediately inform the Town of Westerly Purchasing Agent in writing of such circumstance.

__ 7 I/we certify that I/ we will maintain required insurance during the entire course of the contract resulting from the offer contained herein and, should my/our insurance lapse or be suspended, I/we shall immediately inform the Town of Westerly Purchasing Agent in writing of such circumstance.

__ 8 I/we certify that I/we understand that falsification of any information herein or failure to notify the Town of Westerly Purchasing Agent as certified herein may be grounds for suspension, debarment and/or prosecution for fraud.

__ 9 I/we acknowledge that the provisions and procedures set forth in this form apply to any contract arising from this offer.

__ 10 I/we acknowledge that I/we understand the State's Purchasing Laws (§37-2 of the General Laws of Rhode Island) and General Terms and Conditions available at the Rhode Island Division of Purchases Website (http://www.purchasing.ri.gov) apply as the governing conditions for any contract or purchase order I/we may receive from the Town of Westerly, including the offer contained herein.

__ 11 I/we certify that the bidder: (i) is not identified on the General Treasurer's list, created pursuant to R.I.

Gen. laws§ 37-2.5-3, as a person or entity engaging in investment activities in Iran described in§ 37-2.5- 2(b); and (ii) is not engaging in any such investment activities in Iran.

__ 12 If the product is subject to Department of Commerce Export Administration Regulations {EAR) or International Traffic in Arms Regulations (ITAR), please provide the Export Control Classification Number (ECCN) or the US Munitions List (USML) Category: _____________

__ 13 I/we certify that the above information is correct and complete.

IF YOU HAVE ANSWERED "YES" TO QUESTIONS #l- 3 OR IF YOU ARE UNABLE TO CERTIFY YES TO QUESTIONS #4 -11 and 13 OF THE FOREGOING, PROVIDE DETAILS/EXPLANATION IN AN

ATTACHED STATEMENT. INCOMPLETE CERTIFICATION FORMS SHALL BE GROUNDS FOR

DISQUALIFICATION OF OFFER.

Signature below commits vendor to the attached offer and certifies (1) that the offer has taken into account all solicitation amendments, (2) that the above statements and information are accurate and that vendor understands and has complied with the requirements set forth herein.

Vendor's Signature: _________________________Bid Number: __________Date: ___________ (Person Authorized to enter into contracts; signature must be in ink) (if applicable)

Print Name and Title of Company official signing offer Telephone Number

SAMPLE CONTRACT

TOWN OF WESTERLY/WESTERLY PUBLIC SCHOOLS

CONTRACT AGREEMENT

THIS AGREEMENT is made this day of , by and between TOWN OF WESTERLY/WESTERLY PUBLIC SCHOOLS, ("TOWN") and the party identified below as CONTRACTOR and effective as of the day of 2020, CONTRACT/P.O. NUMBER: RESOLUTION No.

PROJECT NAME: RFQ No.

CONTRACTOR:

CONTRACTOR REPRESENTATIVE:

PHONE: E-MAIL:

TOWN OF WESTERLY/WESTERLY PUBLIC SCHOOLS

45 BROAD STREET

WESTERLY, RI 02891

TOWN/SCHOOL REPRESENTATIVE:

PHONE: 401-348-2625 E-MAIL:

ARTICLE 1: ENGAGEMENT:

1.1 TOWN hereby engages and CONTRACTOR hereby accepts the engagement to perform and provide the Work set forth in Exhibit A hereof and incorporated herein, in accordance with the terms and conditions of this CONTRACT.

1.2 CONTRACTOR shall perform the Work as an independent Contractor with exclusive control of the manner and means of performing the Work in accordance with the requirements of this CONTRACT. This CONTRACT is not intended, and shall not be construed to create, between TOWN and CONTRACTOR, the relationship of principal and agent, joint venture’s, co-partners or any other such relationship, the existence of which is hereby expressly denied. No employee or agent engaged by CONTRACTOR shall be, or shall be deemed to be, an employee or agent of TOWN.

1.3 This CONTRACT shall be construed and governed by the laws of the State of Rhode Island.

CONTRACT…