2-Steel Tank Demolition Project-12.pdf

Instructions to Bidders

SECTION 1.2

Instructions to Bidders For Construction Contracts

Table of Contents

Article No. Title

1.0 Defined Terms

2.0 Copies of Bidding Documents

3.0 Qualifications of Bidders

4.0 Examination of Construction Documents and Site

5.0 Interpretations

6.0 Bid Security

7.0 Contract Time

8.0 Liquidated Damages

9.0 Substitute Material and Equipment

10.0 Bid Form

11.0 Submission of Bids

12.0 Modification and Withdrawal of Bids

13.0 Opening of Bids

14.0 Bids to Remain Open

15.0 Award of Contract

16.0 Performance and Other Bonds

17.0 Signing of Construction Agreement

18.0 Pre-Bid Conference

19.0 Special Requirements

20.0 Summary of Items to be Submitted with Bid

1.0 DEFINED TERMS

1.1 Terms used in these Instructions to Bidders which are defined in the Construction

General Conditions, have the meanings assigned to them in Article 1, Definitions of the Construction General Conditions.

2.0 COPIES OF BIDDING DOCUMENTS

2.1 Complete sets of the Bidding Documents may be obtained at no cost on PennBid.

3.0 QUALIFICATIONS OF BIDDERS

In order to demonstrate satisfactory qualifications to perform the construction described in the Construction Documents, each Bidder must submit along with their Bid a completed American Institute of Architects (AIA) Document A305, Contractor's

Qualification Statement.

4.0 EXAMINATION OF CONSTRUCTION DOCUMENTS AND SITE

4.1 Before submitting a Bid, each Bidder must (a) examine the Construction

Documents thoroughly, (b) become familiar with federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect cost, progress or performing the construction including the rules of the OWNER which govern the conduct of work at Rolling Hills Landfill, (c) study and carefully correlate

Bidder's observations with the Construction Documents, and (d) if specified, or if, in Bidder's judgement, any local condition may in any manner affect cost, progress or performing the construction, visit the site to become familiar with local conditions.

4.2 The successful Bidder will be required to interface and coordinate with other

Contractors to successfully complete all work, if applicable.

4.3 Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site are based upon information and data furnished to OWNER by owners of such underground facilities or others and

OWNER does not assume responsibility for the accuracy or completeness thereof.

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 which Bidder deems necessary to determine its Bid for performing the construction.

4.5 Upon request OWNER will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of this

Bid.

4.6 No Bid will be accepted which is not based upon the Specifications, Drawings (if any), Exhibits (if any), and other Contract Documents or which contains any letter or written memorandum qualifying same, or which is not properly made out and signed by the Bidder, or by an authorized agent of the Bidder.

4.7 The submission of any unconditional Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this

Article 4 and that the Construction Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performing the construction.

5.0 INTERPRETATIONS

All questions about the meaning or intent of the Construction Documents shall be submitted electronically via PennBid. Replies will be issued electronically. Questions received less than seven (7) days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding.

6.0 BID SECURITY

6.1 Bid Security shall be made payable to OWNER, as stated in the Invitation for

Bids. Failure to accompany the Bid with the above described Bid Security will automatically disqualify Bidder.

6.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Construction Agreement and furnished the required Performance and other Bonds, whereupon it will be returned; if the successful Bidder fails to execute and deliver the Construction Agreement and furnish the required

Performance and other Bonds within twenty (20) days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited as liquidated damages. The Bid Security of any Bidder whom

OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of the seventh (7th) day after the "Effective

Date of the Construction Agreement" (which term is defined in the Construction

General Conditions) and the required Performance and other Bonds are furnished, or the sixty first (61st) day after the Bid opening.

7.0 CONTRACT TIME

See the Bid Form and Article 2 of the Construction General Conditions.

8.0 LIQUIDATED DAMAGES

Provisions for liquidated damages, if any, are set forth in the Construction General

Conditions.

9.0 SUBSTITUTE MATERIAL AND EQUIPMENT

If the Bidder proposes to bid an "or Equal" as permitted by the Specifications, the proposed substitution must be submitted to the OWNER with the Bid. The data which must accompany such a request is set forth in paragraphs 7.7, 7.7.1 and 7.7.2 of the

Construction General Conditions. The burden of proof of the merit of the proposed substitute is upon the Bidder. The OWNER's decision of approval or disapproval of a proposed substitution is final.

Failure to submit a proposed "or Equal" request as described above will constitute an incontrovertible representation by Bidder that any submitted Bid is based upon the

Specifications.

During the term of the Contract if it becomes necessary to use substitute material, the procedure for applying for such substitution is set forth in paragraphs 7.7, 7.7.1 and 7.7.2 of the Construction General Conditions.

10.0 BID FORM

10.1 The Bid Form is on PennBid.

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

10.3 Bids must be priced on a lump sum or unit price basis for the base contract as provided for in the Bid Form and include a separate price for each alternate (if any) described in the Specifications as provided for in the Bid Form. The price of the Bid for each alternative will be the amount to be added to or deducted from the price of the Base Bid if OWNER selects the alternative.

10.4 No changes in Specifications shall be made by the Bidder. Alterations or interlineations in the Bid may void the Bid entirely or may void it as to the part interlined or altered, at the discretion of the OWNER.

11.0 SUBMISSION OF BIDS

Bids must be submitted electronically via The PennBid Program.

12.0 MODIFICATION AND WITHDRAWAL OF BIDS

12.1 Bids may be modified or withdrawn at any time prior to the opening of Bids.

12.2 If, within two (2) business days 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 will not be permitted to modify its Bid but may withdraw its Bid and the Bid Security will be returned, provided the withdrawal of the Bid would not result in the awarding of the Contract on another Bid of the same Bidder, his partner, or to a corporation or business venture owned by or in which he has a substantial interest. Thereafter, that

Bidder will be disqualified from further bidding on the Construction to be performed under the subject Contract. Also, no Bidder who is permitted to withdraw a Bid shall supply any material or labor to, or perform any sub-contract or other work agreement for any person to whom a Contract or sub-contract is awarded in the performance of the Contract for which the withdrawn Bid was submitted, without the written approval of the OWNER.

13.0 OPENING OF BIDS

Bids will be opened publicly and will be read aloud. An abstract of the amounts of the base Bids and major alternates (if any) will be made available after the opening of Bids.

14.0 BIDS TO REMAIN OPEN

All Bids shall remain open for sixty (60) days after the day of the Bid opening, but

OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. The Contract shall be awarded based upon the lowest responsible Bid received within sixty (60) days of the Bid opening, unless thirty (30) day extensions of the date for award are made by the mutual written consent of the OWNER and the Bidder who has submitted the lowest responsible Bid.

15.0 AWARD OF CONTRACT

15.1 OWNER reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate Contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive or conditional Bids, and to award the Contract to the Bidder whose qualifications best suit the needs of the

OWNER. Discrepancies between words and figures will be resolved in favor of words. 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 the indicated product of multiplying a unit price by a quantity and the correct product thereof will be resolved in favor of the correct product.

15.2 In evaluating Bids, OWNER shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and alternates

(if any) and unit prices if requested in the Bid Forms. It is OWNER's intent to accept alternates (if any are accepted) in the order in which they are listed in the

Bid Form but OWNER may accept them in any order or combination.

15.3 OWNER may consider operating costs, maintenance requirements, performance data and guarantees of materials and equipment.

15.4 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 of the Bidders to perform the construction in accordance with the

Construction Documents to OWNER'S satisfaction within the prescribed time.

The evaluation may include, but is not limited to, visiting Bidders source of material to collect samples for purpose of performing tests on said material.

Bidder is responsible to cooperate with OWNER in accordance with article 7 of the Construction General Conditions.

15.5 OWNER reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to OWNER'S satisfaction.

15.6 The Contract, if awarded, will be awarded to the lowest Bidder based upon

OWNER'S evaluation which indicates that the award will be in the best interest of

OWNER.

15.6.1 The acceptance of all Bids for Contracts is made expressly conditional upon a satisfactory rating from a pre-award investigation conducted by the

OWNER. Contracts shall be awarded based upon the lowest responsible

Bid received. In determining "lowest responsible Bid", in addition to price, the OWNER in its pre-award evaluation shall, in consultation with its employees, representatives and its authorized engineering/architect firm ascertain and consider:

a. The expertise of the Bidder to perform the construction required;

the Bidder must also notify the OWNER during the pre-award evaluation period of any Sub-Contractor(s) to be employed for any part of the Contract work, and shall furnish to the OWNER the information required in accordance with paragraphs 7.18 through

7.22 of the Construction General Conditions. The Bidder must also certify to the OWNER that the Sub-Contractor for which the above information is being submitted is the Sub-Contractor(s) upon which the Bid was based. If at any time either prior to or after Contract Award, the Bidder submits another Sub-

Contractor(s) to the OWNER for approval, the Contract Price shall be decreased by the OWNER if the use of the other Sub-

Contractor(s) is approved and it is determined by the OWNER that such use results in decreased cost to the Bidder to perform the

Contract Work. If the above determination is made by the

OWNER prior to the Contract Award, the Contract Price will be decreased at the time of Award. If the above determination is made by the OWNER after Contract Award, the OWNER will decrease the Contract Price as provided in Articles 9.0 and 10.0 of the Construction General Conditions.

b. Whether the Bidder can perform the construction promptly, or within the time specified and with adequate management and supervisory personnel.

c. The character, integrity and reputation of the Bidder.

d. The quality of performance on previous Construction Contracts.

e. The previous and existing compliance by the Bidder with laws and ordinances relating to the Contract.

f. The sufficiency of the financial resources of the Bidder to perform the construction.

g. The ready availability of materials, tools and equipment necessary to discharge performance in a prompt and workmanlike manner.

h. The ability of the Bidder to provide future maintenance and service for the use of the subject of the Contract, if applicable.

i. The number and scope of conditions attached to the Bid.

15.6.2 The following factors will automatically disqualify a low Bidder:

a. Default on the payment of taxes, licenses, or other monies due the

OWNER and/or County of Delaware.

b. Default, breach or repudiation on past Contracts which reflects a course of performance, deemed deleterious to the OWNER'S best interest.

15.6.3 When the award is not given to the lowest Bidder, a full and complete statement of the reason for placing the order elsewhere shall be prepared by the OWNER and filed with other papers relating to the transaction.

15.6.4 It is understood and agreed that the Bidder before submitting his Bid has by careful examination satisfied himself as to the general and local conditions at the Landfill and all other matters, which can in any way, affect the work.

15.6.5 The Successful Bidder shall be required to enter into a Form of Contract with the OWNER and provide Performance and other Bonds within twenty (20) days after Notice of the Award; failure to do so shall be sufficient reasons for the OWNER to rescind their action accepting the

Bid and accept the Bid of the next lowest responsible Bidder.

15.6.6 The OWNER reserves the right to award separate Contracts for any one

(1) item, a combination of two (2) or more items or for all items.

16.0 PERFORMANCE AND OTHER BONDS

Paragraph 4.1 of the Construction General Conditions sets forth OWNER'S requirements as to Performance and other Bonds. When the Successful Bidder delivers the executed

Construction Agreement to OWNER it shall be accompanied by the required

Performance and other Bonds.

17.0 SIGNING OF CONSTRUCTION AGREEMENT

17.1 When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by at least two (2) unsigned counterparts of the Construction

Agreement and all other Construction Documents. Within twenty (20) days thereafter CONTRACTOR shall sign and deliver two (2) counterparts of the

Construction Agreement to OWNER with the bonds and all other Construction

Documents attached. Within forty-five (45) days thereafter OWNER will deliver one (1) fully signed counterpart to CONTRACTOR.

18.0 PRE-BID CONFERENCE

18.1 A mandatory pre-bid conference will be held for this Contract on Thursday, July

16, 2026 at 11:00 a.m at the Rolling Hills Landfill.

19.0 SPECIAL REQUIREMENTS

19.1 Each Bidder, when submitting the Bid, must include all taxes as set forth in paragraph 7.9 of the Construction General Conditions.

19.2 Material Safety Data Sheets (MSDS) must be submitted for respective products

(if any) with the Bid Form in compliance with the Federal Hazard

Communication Standard Act (29CFR 1910, 1200) and various State Right-to-

Know Laws.

19.3 The full name of the bonding company and insurance carrier must be included with the Bid where indicated on the Bid Form. If the bonding company is not a

Pennsylvania company, the Bid Bond must be countersigned by a Pennsylvania resident agent, with his Power of Attorney to do so. Failure to supply the information required in this paragraph with the Bid will automatically disqualify

Bidder.

19.4 Bid must be submitted on Bid Form provided.

19.5 Health & Safety Plan

19.6 Tank Demolition Plan

20.0 SUMMARY OF ITEMS TO BE SUBMITTED WITH BID

20.1 The following items must be submitted with the Bid:

Reference Article of

Item Instructions to Bidders

20.1.1 AIA Document A305, 3.0

Contractor's Qualification

Statement

20.1.2 Bid Security 6.0

20.1.3 Substitute Material and Equipment 9.0

(if applicable)

20.1.4 Material Safety Data Sheets 19.2

(if applicable)

20.1.5 Full Name of Bonding Company 19.3

and Insurance Carrier; Non-

Pennsylvania Bonding Company

Power of Attorney

20.1.6 Complete Bid Form 19.4

20.1.7 Health & Safety Plan 19.5

20.1.8 Tank Demolition Plan 19.6