06 Instruction to Bidders (PSB Boiler Upgrade, Check).pdf

INSTRUCTIONS TO BIDDERS

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1. DEFINED TERMS

1.1. Terms used in these Instructions to Bidders, which are defined in section 101-02 of the New York

State Standard Specifications and in the Supplementary Conditions, have the meanings assigned to them in the General Provisions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. Refer to Section 24 Responsibility Determinations included herein at the end of the document. The term "Bidding Documents" includes the Advertisement for Bids, Instruction to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). The term “Contract” refers to any construction or service contract that is required by statute to be let by competitive bid to the lowest responsible bidder. The term “Contracting Agencies” refers to any agency or department of the county which is letting a contract through competitive bidding.

1.2. For the purposes of this contract the term ENGINEER shall refer to Tioga County DPW Commissioner of Public Works or his designee, 477 State Route 96, Owego, New York 13827.

2. COPIES OF BIDDING DOCUMENTS

2.1. Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the

Advertisement for Bids, may be obtained from the Owner.

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

2.3. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

3. QUALIFICATIONS OF BIDDERS

3.1. To demonstrate qualifications to perform the work, each Bidder must be prepared to submit within five days of Owner's request written evidence, such as financial data, previous experience, present commitments and other such data as may be called for below (or in the Supplementary Instructions). Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualifications prior to award of the contract. The enclosed Statement of Bidder’s Qualification shall be completed and submitted with the Bid.

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

4.1. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract

Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, (e) notify Engineer of

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all conflicts, errors or discrepancies in the Contract Documents and (f) be familiar with all Public Utility Requirements.

4.2. Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others. Neither the Owner nor the Engineer assumes responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplemental Conditions.

4.3. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Section 104 of the New York State Standard Specifications.

4.4. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

4.5. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such exploration.

4.6. The lands upon which the Work is to be performed, right-of-way and easements for access thereto and other lands designated for use by contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.

4.7. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the work.

5. INTERPRETATIONS AND ADDENDA

5.1. All questions about the meaning or intent of the Contract Documents are to be directed to the

Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the Engineer as having received the Bidding Documents. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only questions answered by formal

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written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

5.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner and Engineer.

6. INSURANCE

6.1. The Contractor, at its own cost and expense, agrees to the insurance, indemnification and general terms and conditions set forth in the Supplementary Conditions attached hereto entitled “Tioga County, New York – General Contract and Insurance Specifications,” which are to be incorporated herein by reference as if fully set forth.

7. BID SECURITY

7.1. There will be no bid security required for this project.

8. CONTRACT TIME

8.1. The Work shall be completed and ready for final payment 120 calendar days after the Notice to

Proceed as set forth in the Bid Form and the Contract. Final completion will constitute as, all punch list items completed, and the contractor demobilized.

9. LIQUIDATED DAMAGES

9.1. Liquidated damages for the timeline of work being performed will not be pursued in this contract, rather a good faith effort from the contractor to complete the work in a timely manner is expected and should be coordinated with the Owner.

10. SUBSTITUTE OR "OR-EQUAL" ITEMS

10.1. The Contract, if awarded, will be on the basis of materials and equipment described in the

Drawings or specified in the Specifications without consideration of possible substitutes.

Substitutes or "or-equal" items of material or equipment may be furnished or used by Contractor if acceptable to Engineer; however application for such acceptance will not be considered by Engineer until after the Effective Date of the Contract.

11. SUBCONTRACTORS, SUPPLIERS AND OTHERS

11.1. If the Supplemental Conditions require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Contract, the apparent Successful Bidder, and any other Bidder so requested, shall within seven days after the Bid opening submit to Owner a list of all such Subcontractors, Suppliers and other persons and organizations 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 Subcontractor, Supplier, person or organization if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may before the Notice of Award is given request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price.

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If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest bidder that proposes to use acceptable Subcontractor, Supplier, and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after reasonable objection and due investigation.

11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection.

12. BID FORM

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

Engineer (or the issuing office).

12.2. All blanks on the Bid Form must be completed in ink or by typewriter.

12.3. 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.

12.4. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

12.5. All names must be typed or printed below the signature.

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

12.7. The name, address and telephone number of a person responsible for communications regarding the Bid must be shown.

13. SUBMISSION OF BIDS

13.1. Bids shall be submitted at the time and place indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the 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.

14. MODIFICATION AND WITHDRAWAL OF BIDS

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14.1. 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.

14.2. 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 returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents.

15. OPENING OF BIDS

15.1. Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids.

16. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

16.1. All bids will remain subject to acceptance for forty-five days after the day of the Bid opening, but

Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date.

17. AWARD OF CONTRACT

17.1. Owner reserves the right to reject any and all Bids, to waive any and all informalities involving price, time or changes in the work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional Bids. Also, Owner reserves the right 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 Owner. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

17.2. In evaluating Bids, Owner will consider the qualifications of the Bidders, whether 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.

17.3. Owner may consider the qualifications and experience of Subcontractors, Suppliers, 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 Supplemental Conditions. Owner also may consider the operating maintenance requirements, performance data and guarantees of major items of materials equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

17.4. 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 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.

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

17.6. If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within forty-five days after the day of the Bid opening.

18. CONTRACT SECURITY

18.1. Section 103-03 of the New York State Standard Specifications sets forth the Owner's requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Contract to Owner, it must be accompanied by the required performance and payment Bonds and insurance certificates.

19. SIGNING OF CONTRACT

19.1. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Contract with all other written Contract Documents attached. Within fifteen days thereafter Contractor shall sign and deliver the required number of counterparts of the Contract and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to the Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification.

20. SALES AND USE TAXES

20.1. Owner is exempt from New York State Sales and Use Taxes on materials and equipment to be incorporated in the work. Said taxes shall not be included in the Contract Price. Refer to Supplemental Conditions for additional information.

21. EQUAL OPPORTUNITY CLAUSE

21.1. The Contractor will not discriminate against any employee, applicant for employment sub-contractor, supplier of materials or services or program participant because of actual or perceived:

age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight.

22. NON-COLLUSIVE CERTIFICATION

22.1. Bids shall be accompanied by the Bidder’s Declaration as included in these documents.

23. PREVAILING WAGES

23.1. This is a prevailing wage rate project. Bidder attention is directed to the Prevailing Wage Rate

Note. Certified payrolls are required in this contract.

24. RESPONSIBILITY DETERMINATIONS

24.1. In deliberating upon the responsibility of the bidder or a subcontractor, all contracting agencies shall give due consideration to any credible evidence or reliable information that the past or current record of a bidder or proposed contractor includes any of the following:

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24.2. Lack of adequate expertise, prior experience with comparable projects or financial resources.

24.3. Criminal conduct in connection with government contract or the conduct of business activities involving the infliction, injury or intentional property damage, in connection with involvement in a pattern of racketeering, labor racketeering, extortion, obstruction of justice or other comparable crimes; bribery, fraud, bid-rigging, embezzlement or other comparable crimes; or serious moral turpitude, fundamental lack of integrity or knowing disregard for the law. Evidence of such conduct may include a judgment of conviction, pending criminal indictment of formal grant of immunity in connection with a criminal prosecution of the bidder or proposed subcontractor, and director or officer, or any holder of five percent (5%) or more of the shares or equity of the bidder or proposed subcontractor, or any affiliate of the bidder or proposed subcontractor.

24.4. Grave disregard for the personal safety of employees, county personnel or members of the public.

Due consideration shall be given to whether available evidence concerning the training of employees, equipment actually in use at the work site and company practices for identifying addressing deficiencies and securing employee compliance demonstrates a genuine commitment to safety or lack of the same.

24.5. Any other significant Labor Law violations, including but not limited to child labor law violations, failure to pay wages or unemployment insurance tax delinquencies.

24.6. Any significant violation of the Workers' Compensation Law, including but not limited to the failure of a bidder or proposed subcontractor to provide proof of workers' compensation or disability benefits coverage.

24.7. Any criminal conduct involving violations of the Environmental Conservation Law or other federal, state or county environmental statutes or repeated or significant civil violations for federal, state or county environmental statutes or regulations.

24.8. The failure of a bidder, contractor or proposed subcontractor to comply with federal, or county statutes or regulations requiring the hiring, training and of persons presumed to be disadvantaged in accordance with federal, state, or county definitions to meet federal, county equal employment opportunity requirements.

24.9. The submission of a bid which is mathematically or materially unbalanced.

24.10. The submission of a bid which is so much lower than the agency's estimate for the cost of, or anticipated bids for, the contract that it appears unlikely that the bidder will be able to perform the contract satisfactorily at the price bid.

24.11. Another cause of so serious or compelling a nature that it raises questions about the present responsibility of a contractor or subcontractor, including but not limited to, submission to a contracting agency of a false or misleading statement on a uniform questionnaire, or in some other form, in connection with a bid for or award of a contact or a request for approval of a subcontractor.

24.12. In addition to the factors specified above, contracting agencies may also give due consideration to any other factors considered by the contracting agencies to bear upon responsibility, IB-8 including but not limited to any mitigating factors brought to the agency's attention by the bidder or proposed subcontractor.

25. UTILITY COORDINATION

25.1. The Contractor shall be responsible for coordination with all affected utility agencies.

26. NEW YORK STATE DEPARTMENT OF LABOR REGISTRATION

26.1. All Contractors shall be registered with the New York State Department of Labor (NYSDOL) to receive payment for work performed. Any Contractor or Subcontractor who is not registered with the NYSDOL will not receive any payment. Registry information:

https://dol.ny.gov/contractor-and-subcontractor-registry-landing.

https://dol.ny.gov/contractor-and-subcontractor-registry-landing