00200 _ INSTRUCTIONS TO BIDDERS SWA Generator.pdf

Sinclair Water Authority

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SECTION 00200

INSTRUCTIONS TO BIDDERS

INTENTION: It is intended that the Instructions to Bidders, General Conditions, Supplementary Conditions, Technical Specifications and Construction Drawings shall cover the complete work to which they relate.

ARTICLE 1 DEFINED TERMS: In addition to the terms defined in the General Conditions, (EJCDC 1910-8) (1996), additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.

1.1 Bidder – One who submits a Bid directly to Owner as distinct from a sub-bidder, who submits a bid to a Bidder.

1.2 Successful Bidder – The lowest, responsible and responsive Bidder to whom

Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an award.

1.3 Bid – A complete and properly signed offer to execute work for the prices stipulated in Bid Form and submitted in accordance with the Bidding Documents.

1.4 Addenda – Graphic or written documents issued by the Sinclair Water

Authority (SWA) prior to the opening of Bids issued to clarify, revise, add to, or delete information in the original bidding documents or in previous addenda.

ARTICLE 2 BID FORM: All bids must be made upon the Bid Forms hereto annexed, and shall state the amount bid for each item shown, and all bids must be for materials and work called for in the specifications. Deposits for plans and specifications are not refundable.

2.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from SWA.

2.2 All blanks on the Bid Form must be completed by printing in black ink or by typewriter.

2.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

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2.4 All names must be typed or printed in black ink below the signature.

2.5 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

2.6 The address and telephone number for communications regarding the Bid must be shown.

ARTICLE 3 QUALIFICATIONS OF BIDDERS:

3.1 To demonstrate qualifications to perform the Work, each Bidder must submit within five (5) days after Bid opening upon Owner’s request detailed written evidence such as financial data, previous experience, present commitments, and other such data as may be necessary to assist Owner in determining Contractor’s qualifications.

3.2 Each Bid must contain evidence of Contractor’s authority to conduct business in the state where the Work is to be performed. State Contractor license number, if applicable, must also be shown on the Bid Form.

ARTICLE 4 COPIES OF BIDDING DOCUMENTS:

4.1 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor SWA assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

4.2 Owner and SWA in making copies of Bidding Documents available for a non-refundable deposit do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

ARTICLE 5 EXAMINATION OF BIDDING DOCUMENTS, OTHER DATA, AND SITE:

5.1 It is the responsibility of each Bidder before submitting a bid:

5.1.1 To examine and study thoroughly the Bidding Documents and other related data identified in the Bidding Documents;

5.1.2 To visit the work site to ascertain by inspection pertinent location conditions such as location, character and accessibility of the site including existing surface and subsurface conditions in the work area; availability of facilities, location and character of existing work within or

Sinclair Water Authority 00200 - 3 adjacent thereto, labor conditions, etc.

5.1.3 To become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work;

5.1.4 To obtain and carefully study (or assume responsibility for doing so) all addition or supplementary examination investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and underground facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate any aspect of the means, methods, techniques, sequences, and procedures of construction expressly required of the bidding documents, and safety precautions and programs incident thereto;

5.1.5 To study and carefully correlate Bidder’s knowledge and observations with the Bidding Documents and such other related data; and

5.1.6 To promptly notify SWA of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Biding Documents and such other related documents;

5.1.7 To agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies or data are necessary for the determination of its Bid for performance of the work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;

5.1.8 To become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

5.1.9 To determine that the Bidding Documents are generally

sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

5.2 The Owner shall make available to all prospective bidders, previous to receipt of bids, information that it may have as to sub-soil conditions and surface topography at the work site. Such information shall be given as the best factual information available without being considered as a representation

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5.3 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 5, that without exception, the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given SWA written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by SWA are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 6 PRE-BID CONFERENCE:

6.1 If owner elects to conduct a pre-bid conference, all plan holders will be notified via addendum.

ARTICLE 7 INTERPRETATIONS AND ADDENDA:

7.1 All questions about the meaning or intent of the Bidding Documents are to be directed to SWA. The person submitting the request shall do so in writing and be responsible for its prompt delivery. Interpretations or clarifications considered necessary by SWA in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by SWA as having received the bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or SWA.

ARTICLE 8 BID SECURITY:

8.1 The Bid security of Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders

Sinclair Water Authority 00200 - 5 whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the sixty-first day after the Bid opening, whereupon Bid security furnished by such bidders will be returned. Bid security with Bids, which are not competitive, will be returned within seven days after the Bid opening.

ARTICLE 9 CONTRACT COMPLETION TIME: The number of days within which, or by which the

Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 10 SUBSTITUTES AND “OR EQUAL” TERMS:

10.1 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or those Substitute or “Equal” materials and equipment approved by SWA. Materials and equipment described in the Bidding Documents establish a standard of required type, function and quality to be met by any proposed Substitute or “Equal” item.

10.2 No item of material or equipment will be considered by SWA as a Substitute/

“or-equal” unless written request for approval has been submitted by Bidder and has been received by SWA at least 15 days prior to the date for receipt of Bids. Each such request shall conform to the requirements of Paragraph

6.7.1 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. SWA’s decision of approval or disapproval to allow inclusion of a proposed item in the Bid will be final. Contractor shall refer to General Conditions (Paragraph 6.7.1), Supplementary Conditions (Section 5.0), and the Technical Specifications or further guidance on submittal procedure and approval requirements on substitutes or “or-equal” items.

ARTICLE 11 SUBCONTRACTORS, SUPPLIERS, AND OTHERS:

11.1 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such

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Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or SWA, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute/ “or-equal”,

11.2 If apparent Successful Bidder declines to make any such substitution/ “or-equal”, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, Suppliers, individuals, or entities.

Declining to make requested substitutions would not constitute grounds for forfeiture of the bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or SWA makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and SWA subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions.

11.3 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 12 SUBMITTAL OF BIDS: Bids shall be submitted at the time and place indicated in the

Advertisement for Bids and shall be enclosed in a sealed opaque envelope, marked with the project title, and name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation “BID ENCLOSED” on the face of it.

Each Bidder is responsible for seeing that his Bid is received by the Owner not later than the advertised time set for the opening of Bids.

A. Additional documents required to be completed and included with the submission of each Bid include the following:

1. Section 00210 – Immigration and Security Form

2. Section 00480 – Certification of Non-Segregated Facilities

3. Section 00481 – Non-collusion Affidavit of Prime Bidder

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ARTICLE 13 MODIFICATION AND WITHDRAWAL OF BIDS

13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of bids.

13.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided.

ARTICLE 14 OPENING OF BIDS: Bids will be opened and (unless obviously non-responsive) read aloud publicly at the place where Bids are to be submitted. An abstract of the amount of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids.

ARTICLE 15 ACCEPTANCE OF BIDS: Bids may not be withdrawn (except as noted in Paragraph

13) after the time set for the opening of Bids. Bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid and return the Bid security prior to expiration of the acceptance period.

ARTICLE 16 AWARD OF CONTRACT:

16.1 Owner reserves the right to reject any or all Bids, including without limitation, the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive, or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner.

16.2 Owner also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

16.3 In evaluating Bids, Owner will consider the qualification of Bidders, whether

Sinclair Water Authority 00200 - 8 or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

The Owner will also consider whether the Bidder involved:

(a) Maintains a permanent place of business;

(b) Has adequate plant and equipment to do the work properly and expeditiously;

(c) Has suitable financial status to meet obligations incidental to the work;

(d) Has appropriate technical experience.

16.4 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

16.5 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner’s satisfaction within the prescribed time.

16.6 If the contract is to be awarded, it will be awarded to the Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project.

16.7 If the contract is to be awarded, Owner will give Successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening.

ARTICLE 17 MODIFICATIONS OF QUANTITIES: If the lowest bona fide Bid exceeds the money available for the Work, the Owner reserves the right to delete enough of the Work to bring the cost within the available funds. The Owner also reserves the right to delete whichever items or portions of items he considers to be in the best interest of the Owner.

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ARTICLE 18 CONTRACT SECURITY: The General Conditions and Supplementary Conditions set forth Owner’s requirements as to performance and payment bonds. When the Successful Bidder delivers the executed Agreement to the Owner, it must be accompanies by the required performance and payment bonds.

ARTICLE 19 SIGNING THE AGREEMENT: When the Owner gives a Notice of Award to the

Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached.

Within fifteen (15) days thereafter, Contractor shall sign and deliver the required counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to the Contractor.

ARTICLE 20 LAWS AND REGULATIONS: The Contractor shall comply with local, District, County, State and Federal laws applicable to the work.

The Contractor shall comply with the Department of Labor Safety and Health Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work and Safety Standards Act (PL 91-54). The regulations are administered by the Department of Labor and the Contractor shall allow access to the project to personnel from that Department.

ARTICLE 21 CONTRACTOR’S AND SUBCONTRACTOR’S INSURANCE: Contractor shall not commence work under this contract until he has obtained all the insurance required by the Supplementary Conditions.

ARTICLE 22 TERMINATION OF CONTRACT: If the Owner is made to stop construction of the work because of an order from a Court or State Department, the contract shall be terminated. Payment will be made for work completed and a proration of the work underway, materials stored, and for the overhead and profit of the completed work and work underway. Payment will not be made for anticipated profit and overhead on work not completed or underway.

END OF SECTION