Baseball Field Improvements IFB 25JB0310-D000888.pdf

Project Manual Baseball Field Improvements

25JB0310-D000888

March 10, 2025

SUNY Plattsburgh 101 Broad Street

Plattsburgh, NY 12901 Attn: Jenna Beauregard

Form 7554-05

Page 2 of 6 SUNY Procedure 7554 Revised: 11/17/2020

Project Number: 25JB0310-D000888________________________ Date: 03/10/2025_____________ Project Name: Baseball Field Improvements_____________________________________________ Agency/Div Code: 28240_____________________________ Contract No.: D000888____________

Bidding Documents Section Title Page #

Notice to Bidders ................................................................................................................................................... NB-1

Information for Bidders

1 Definitions ............................................................................................................................................... IB-1

2 Issuance of Bidding and Contract Documents ...........................................................................................IB-1 3 Proposals .......................................................................................................................................... IB-1, IB-2

4 Examination of Bidding and Contract Documents ....................................................................................IB-2 5 Computation of Bid ......................................................................................................................... IB-2, IB-3 6 Payment of Security ...................................................................................................................................IB-3 7 Qualification of Bidders .................................................................................................................. IB-3, IB-4 8 Submission of Post-Bid Information .............................................................................. IB-4,IB-5, IB-6, IB-7 9 Award of Contract ........................................................................................................................... 1B-7, IB-8 10 Required Bonds and Insurance .............................................................................................. IB-8 IB-9, IB-10 11 Minority and Women-Owned Business Enterprises ..................................................................... IB-10,IB-11 12 Equal Employment Opportunity Requirements ...................................................................................... IB-11 13 Executive Order 162 (EO162) ..................................................................................................... IB-11, IB-12 14 Executive Order 177 (EO177) ................................................................................................................. IB-12 15 Service Disabled Veteran Owned Business Enterprises .......................................................................... IB-12 16 Encouraging Use of New York State Business Businesses in Contract Performance ................. IB-12, IB-13 17 Single Contract Responsibility ................................................................................................................ IB-13 18 Examination of Site and Conditions of Work .......................................................................................... IB-13 19 General Terms and Conditions ..................................................................................................... IB-13,IB-14 20 Additional Terms and Conditions ..................................................................................... IB-15, IB-16, IB-17 21 Requirements for Construction Activities To Address Public Health or Safety ......................................IB-17

Proposal ................................................................................................................................................................. 1 to 6

Technical Specifications

Division 1 - General Requirements

Section A - Description of Work .............................................................................................................. 0100-1 Section B - Alternates ............................................................................................................................... 0100-1 Section C - Special Conditions .................................................................................................. 0100-1 - 0100-9

Division 1 – Cutting and Patching Division 2 – Clean Up Division 3- Temporary Access and Parking Division 4 – Field meetings Division 5 – Operating Instructions and Manuals Division 6 – Utility Shutdowns and Cut Overs Division 7 – Temporary Power for Construction Activities Division 8 – Sanitary Facilities

Page 3 of 6 SUNY Procedure 7554

Division 9 – Temporary Heat Division 10 – Temporary Light Division 11 – Temporary Water for Construction Purposes Division 12 – Conducting Work Division 13 – Safety and Protective Facilities Division 14 – protection of Existing Structures, Vegetation and Utilities Division 15 – Abbreviations and References Division 16 – Use of Elevators Division 17- Salvage of Materials Division 18- Storage of Materials Division 19- Shop Drawings and Samples Division 20- U.S. Steel Division 21- Non-Asbestos Products Division 22- Material Safety and Data Sheet Division 23- Architect’s/Engineer’s Seal Division 24- Construction Permit Division 25- Other Contracts Division 26- Asbestos

Drawings

State University of New York Construction Agreement

Summary

Article I General Provisions

Section 1.01 Definitions ............................................................................................................................ 1, 2 Section 1.02 Captions Section 1.03 Nomenclature Section 1.04 Entire Agreement Section 1.05 Successors, Assigns and Agents Section 1.06 Accuracy and Completeness of Contract Documents Section 1.07 Organization of Contract Documents Section 1.08 Furnishing of Contract Documents Section 1.09 Examination of Contract Documents and Site Section 1.10 Invalid Provisions Section 1.11 No Collusion or Fraud .......................................................................................................... 3, 4 Section 1.12 Notices Section 1.13 Singular-Plural; Male-Female

Article II Contract Administration and Conduct

Section 2.01 Consultant’s Status................................................................................................................ 4, 5 Section 2.02 Finality of Decisions Section 2.03 Claims and Disputes ............................................................................................................. 5, 6 Section 2.04 Omitted Work Section 2.05 Extra Work ............................................................................................................................ 6, 7 Section 2.06 Contractor to Give Personal Attention Section 2.07 Employment of Workers Section 2.08 Detailed Drawings and Instructions Section 2.09 Contract Documents to Be Kept at Site http://www.suny.edu/sunypp/lookup.cfm?lookup_id=513

Page 4 of 6 SUNY Procedure 7554

Section 2.10 Permits and Building Codes .................................................................................................. 7, 8 Section 2.11 Surveys Section 2.12 Site Conditions Section 2.13 Right to Change Location Section 2.14 Unforeseen Difficulties ......................................................................................................... 8, 9 Section 2.15 Moving Materials and Equipment Section 2.16 Other Contracts Section 2.17 Inspection and Testing ....................................................................................................... 9, 10 Section 2.18 Subcontractors .................................................................................................................. 10, 11 Section 2.19 Shop Drawings and Samples ...................................................................................... 11, 12, 13 Section 2.20 Equivalents - Approved Equal ........................................................................................ 13, 14 Section 2.21 Patents, Trademarks and Copyrights Section 2.22 Possession Prior to Completion Section 2.23 Completion and Acceptance ............................................................................................. 14, 15 Section 2.24 Record Drawings .............................................................................................................. 15, 16 Section 2.25 Guarantees Section 2.26 Default of Contractor .................................................................................................. 16, 17, 18 Section 2.27 Termination ....................................................................................................................... 18, 19

Article III Time of Performance

Section 3.01 Commencement, Prosecution and Completion of Work ................................................... 19, 20 Section 3.02 Time Progress Schedule Section 3.03 Time Schedule for Shop Drawings and Samples Section 3.04 Notice of Conditions Causing Delay Section 3.05 Extension of Time ............................................................................................................. 20, 21 Section 3.06 Contractor's Progress Reports ........................................................................................... 21, 22

Article IV Payment

Section 4.01 Compensation to Be Paid Contractor Section 4.02 Value of Omitted and Extra Work ................................................................................... 22, 23 Section 4.03 Adjustment for Bond and Insurance Premiums Section 4.04 Unit Prices ........................................................................................................................ 23, 24 Section 4.05 Allowances Section 4.05A Field Orders Section 4.06 Deductions for Unperformed and/or Uncorrected Work .................................................. 24, 25 Section 4.07 Liquidated Damages Section 4.08 Contract Breakdown Section 4.09 Prompt Payment Requirements Section 4.10 Progress Payments ............................................................................................................ 25, 26 Section 4.11 Applications for Progress Payments Section 4.12 Progress Payments for Materials Delivered to Site Section 4.13 Transfer of Title to Materials Delivered to Site Section 4.14 Progress Payments for Materials Stored Off Site ............................................................. 26, 27 Section 4.15 Withholding of Progress Payments .................................................................................. 27, 28 Section 4.16 Lien Law Section 4.17 Substitution of Securities for Retainage Section 4.18 Final Payment Section 4.19 Acceptance of Final Payment ........................................................................................... 28, 29 Section 4.20 Guarantee Payment Section 4.21 Acceptance of Guarantee Payment Section 4.22 Contractor Limited to Money Damages

Page 5 of 6 SUNY Procedure 7554

Section 4.23 No Estoppel or Waiver...................................................................................................... 29, 30 Section 4.24 Limitation of Actions Section 4.25 Electronic Payments…………………………………………………………………………..30

Article V Protection of Rights and Property

Section 5.01 Accidents and Accident Prevention Section 5.02 Adjoining Property Section 5.03 Emergencies Section 5.04 Fire Safety Section 5.05 Risks Assumed by Contractor .......................................................................................... 31, 32 Section 5.06 Compensation and Liability Insurance........................................................................ 32, 33, 34 Section 5.07 Builder's Risk Insurance .................................................................................................. 34, 35 Section 5.08 Effect of Procurement of Insurance Section 5.09 No Third Party Rights ....................................................................................................... 35, 36

Article VI Minority and Women’s Business Enterprises (MWBEs) / Equal Employment Opportunities (EEO) Provisions

Article VII Provisions Required by Law Section 7.01 Provisions Deemed Inserted Section 7.02 Wage Rates

Article VIII Vendor Responsibility

Article IX Use of Service-Disabled Veteran-Owned Business Enterprises in Contract Performance

Signature of Parties and Governmental Approvals

Acknowledgments

Schedule I

Attachments – Terms, Conditions

1. Schedule I, II, III (Schedule I Unit Prices, Schedule II Allowances, Schedule III Field Order Allowances)

2. Exhibit A Standard Contract Clauses

3. Exhibit A-1 Affirmative Action Clauses

Attachments –Contractor Documentation

4. Form 7554-07 – Contractor Proposal

5. Form 7554-10 - Bid Bond and Acknowledgement (required with bid)

6. Affirmative Action and Minority & Women Owned Business Enterprises from SUNY Procedure Item

#7557 “Participation by Minority Group Members and Women (MWBEs) with Respect to State University of New York Contract” (applies >$100,000)

a. Form 7557-121b – MWBE Prospective Bidders Notice

b. Form 7557-107 - M/WBE Utilization Plan (required within seven days of the bid)

c. The Contractor’s EEO Policy Statement or Form 7557-104 (required within seven days of the bid) http://www.suny.edu/sunypp/lookup.cfm?lookup_id=126 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=125 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=511 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=512 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=855 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=618 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=615

Page 6 of 6 SUNY Procedure 7554

d. 7557-108 - M/WBE-EEO Work Plan or EEO Staffing Plan (required within seven days of the bid)

Note: In accordance Procedure Item #7557 MWBE Utilization Plans, EEO policy statements and EEO Work Plans are due within seven days of submittal of the bid.

7. Service Disabled Owned Business Enterprise from SUNY Procedure Item #7564 “Participation by

Service-Disabled Veteran-Owned Business (SDVOBs) with Respect to State University of New York Contracts” (applies >$100,000)

a. Form 7564-121b – SDVOB Prospective Bidders Notice

b. Form 7564-107 - SDVOB Utilization Plan (required within seven days of the bid)

Attachments –Additional Contractor Documentation (required after bid opening from the low bidder)

8. State Finance Law §§139-j and 139-k from SUNY Procedure Item #7552 “Procurement Lobbying Procedure for State University of New York” (applies >$15,000)

a. Form A - Summary: Policy and Procedure of the State University of New York Relating to State

Finance Law §§139-j and 139-k

b. Form B - Affirmation with respect to State Finance Law §§139-j and 139-k

c. Form C - Disclosure and Certification with respect to State Finance Law §§139-j and 139-k

Bidder’s Certifications (State Finance Law §139-l, Non-collusive bidding, Executive Order 177)

9. from SUNY Procedure Item #7554 “Construction Contracting Procedures

a. Form 7554-20 Bidder’s Certifications

10. Procurement Forms from SUNY Procedure Item #7553 “Purchasing and Contracting (Procurement)

a. Form I Omnibus Procurement Act of 1992 (applies >$1,000,000)

b. Form II Omnibus Procurement Act of 1992, Out of state firms (applies >$1,000,000)

c. Form XIII Public Officers Law Compliance

11. Bonds and Certificate of Insurance from SUNY Procedure Item #7554 “Construction Contracting

Procedures

a. Form 7554-11 Labor & Materials and Performance Bonds (applies >$50,000)

b. Form 7554-12 Certificate of Insurance (applies to all contracts)

c. NYS Workers Compensation and Disability Insurance (applies all contracts)

12. Vendor Responsibility

a. OSC’s Vendrep - Online System or Link to paper forms (form applies > $100,000)

13. NYS Labor Law, Section 220-a

a. Form 7554-13

i. Form AC 2947, Prime Contractor's Certification

ii. Form AC 2948, Subcontractor's Certification

iii. Form AC 2958, Sub-subcontractor's Certification https://www.suny.edu/sunypp/lookup.cfm?lookup_id=621 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=857 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=821 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=281 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=282 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=283 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=889 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=471 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=472 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=483 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=514 http://www.suny.edu/sunypp/docs/493.pdf http://www.osc.state.ny.us/vendrep/login_vendors.htm http://www.osc.state.ny.us/vendrep/forms_agency_vresp.htm http://www.suny.edu/sunypp/lookup.cfm?lookup_id=516

Form 7554-03

Page NB-1 of NB-1 SUNY Procedure 7554 Rev. June 2024

Notice to Bidders and Newspaper Advertisement

The State University of New York at Plattsburgh will receive sealed bids for project number 25JB0310-D000888 titled Baseball Field Improvements until 3:30 p.m. local time on Wednesday, April 2, 2025 at Kehoe 714, where such proposals will be publicly opened and read aloud.

All work on this Contract is to be completed by September 1, 2025.

Bidding and Contract Documents may be examined free of charge at www.nyscr.gov.

An optional pre-bid walk through will be held on Monday, March 24, 2025 at 10:00 a.m. local time. Interested bidder’s will meet at the Chip Cummings Baseball Field located at 225 Rugar Street, Plattsburgh.

Bids must be submitted in duplicate in accordance with the instructions contained in the Information for Bidders. Security will be required for each bid in an amount not less than five (5) percent of the Total Bid.

It is the policy of the State of New York and the State University of New York to encourage minority business enterprise participation in this project by contractors, subcontractors and suppliers, and all bidders are expected to cooperate in implementing this policy.

The State University of New York reserves the right to reject any or all bids.

Form 7554-06

Page IB-1 of IB-17 SUNY Procedure 7554 December 2024

INFORMATION FOR BIDDERS

Section 1 Definitions

All definitions set forth in the Agreement are applicable to the Notice to Bidders, Information for Bidders and the Proposal, all of which documents are hereinafter referred to as the Bidding Documents.

Section 2 Issuance of Bidding and Contract Documents

Drawings and Specifications will be issued by the Consultant upon request after payment of the deposit specified in the Notice to Bidders.

Section 3 Proposals

(1) Proposals must be submitted in duplicate on the forms provided by the University. They shall be addressed to the University in a sealed envelope, marked with the name and address of the bidder, the title of the Project and the Project number. The University accepts no responsibility for Proposals that may be delivered by any courier or other messenger service that does not contain all of the above-noted information on the outside of a sealed envelope. Facsimile or email copies of the Proposal will not be accepted.

(2) All blank spaces in the Proposal must be filled in and, except as otherwise expressly provided in the Bidding Documents; no change is to be made in the phraseology of the Proposal or in the items mentioned therein.

(3) Proposals that are illegible or that contains omissions, alterations, additions or items not called for in the Bidding Documents may be rejected as informal. In the event any bidder modifies, limits or restricts all or any part of its Proposal in a manner other than that expressly provided for in the Bidding Documents, its Proposal may be rejected as informal.

(4) Any Proposal may be considered informal which does not contain prices in words and figures in all of the spaces provided or which is not accompanied by a bid security in proper form. In case any price shown in words and its equivalent shown in figures do not agree, the written words shall be binding upon the bidder. In case of a discrepancy in the prices contained in the Proposal forms submitted in duplicate by the bidder, the Proposal form which contains the lower bid shall be deemed the bid of the bidder; provided, however, the University at its election may consider the Proposal of such bidder informal.

(5) If the Proposal is made by a corporation, the names and places of residence of the president, secretary and treasurer shall be given. If by a partnership, the names and places of residence of the partners shall be given. If by a joint venture, the names and addresses of the members of the joint venture shall be given. If by an individual, the name and place of residence shall be given.

(6) No Proposal will be considered which has not been deposited with the University at the location designated in and prior to the time of opening of bids designated in the Bidding and Contract Documents or prior to the time of opening as extended by Addendum.

(7) Bids may be modified, withdrawn or canceled only in writing or by email notice received by the

University prior to the time of opening of bids designated in the Bidding and Contract Documents.

A written or email notice of modification, withdrawal or cancellation shall be marked by the bidder with the name and address of the bidder, the title of the Project and the Project number. Upon

Page IB-2 of IB-17 SUNY Procedure 7554 receipt by the University a duly authorized employee of the University, who shall note thereon the date and time of receipt and shall thereupon attach said written or email notice of modification, withdrawal or cancellation to the envelope submitted by the bidder pursuant to subdivision (1) of this

(8) Permission will not be given to modify, explain, withdraw or cancel any Proposal or part thereof after the time designated in the Bidding and Contract Documents for the opening of bids, unless such modification, explanation, withdrawal or cancellation is permitted by law and the University is of the opinion that it is in the public interest to permit the same.

Section 4 Examination of Bidding and Contract Documents

(1) Prospective bidders shall examine the Bidding and Contract Documents carefully and, before bidding, shall make written request to the Consultant (with a copy thereof to the University) for an interpretation or correction of any ambiguity, inconsistency or error therein which should be discovered by a reasonably prudent bidder. Such interpretation or correction as well as any additional Contract provision the University shall decide to include will be issued in writing by the Consultant as an Addendum, which will be sent to each person recorded as having received a copy of the Bidding and Contract Documents from the Consultant, and which also will be available at the places where the Bidding and Contract Documents are available for inspection by prospective bidders. Upon such emailing or delivery and making available for inspection, such Addendum will become a part of the Bidding and Contract Documents and will be binding on all bidders whether or not the bidder receives or acknowledges the actual notice of it. Prospective bidders are responsible for ensuring that all addenda have been incorporated into the bid. The requirements contained in all Bidding and Contract Documents shall apply to all Addenda.

(2) Only the written interpretation or correction so given by Addendum shall be binding. Prospective bidders are warned that no trustee, officer, agent or employee of the University or the Consultant is authorized to explain or interpret the Bidding and Contract Documents by any other method, and any such explanation or interpretation, if given, must not be relied upon.

Section 5 Computation of Bid

(1) In computing their bids, bidders are not to include the sales and compensating use taxes of the

State of New York or of any city and county in the State of New York for any supplies or materials which are incorporated into the completed Project as the University is exempt from such taxes.

(2) Unit prices may be inserted in the Proposal by the University or the bidder at the discretion of the

University. Any unit prices listed in the Proposal by the University are based upon the Consultant's appraisal of a fair cost for the work involved. Such listed prices will be binding upon both the bidder and the University unless the bidder wishes to change any of such unit prices by crossing out the listed unit price and inserting a revised unit price. Such revised unit price shall not be binding upon the University unless it accepts the same, in writing, before it issues a Notice of Award. In the event the Proposal contains blank spaces for unit prices or the bidder revises any stated unit price, the amount of such unit prices for additions shall not vary by more than 15 percent from the prices inserted by the bidder for deductions, and, if the variance of such prices exceeds 15 percent, the University may adjust the deduction price inserted by the bidder so that it is only 15 percent lower than the addition price inserted by the bidder. In addition, the University may adjust any unit price filled in by a bidder to an amount agreeable to both the bidder and the University or it may reject any unit prices.

Page IB-3 of IB-17 SUNY Procedure 7554

(3) Alternates, if any, listed in the Proposal shall be accepted in the order indicated and will be used in combination with the Base Bid to determine the low bidder. Unit prices will not be used to determine the low bidder.

(4) If a tie bid should occur the University reserves the right to use one of the following methods to determine the successful bidder. For tie bids between two contractors the University representative shall flip a coin, both affected contractors must be present for the coin toss. For tie bids between three or more contractors the University representative shall pull names from a bowl, hat or other container. The affected contractors must be present for the drawing.

Section 6 Payment of Bid Security

(1) Each Proposal must be accompanied by the required amount of the bid security, which is 5% of the Total Bid, in the form of a bank draft or certified check, payable at sight to the University and drawn on a bank authorized to do business in the United States, or by a Bid Bond, on a form approved by the University, duly executed by the bidder as principal and having as surety thereon a surety company or companies, approved by the University, authorized to do business in the State of New York as a surety. Attorneys-in-fact who execute a Bid Bond on behalf of a surety must affix thereto a certified and effectively dated copy of their power of attorney.

(2) The University will return, without interest, bid securities in accordance with the following procedure:

a. To all bidders except the apparent three (3) lowest bidders within two (2) working days after the opening of bids.

b. To any bidder submitting a Bid Bond as a replacement for a previously provided bank draft or certified check, within two (2) working days after the University's approval of such Bid Bond.

c. To the apparent three (3) lowest bidders, unless their bid security was previously returned, within two (2) working days after delivery to the University by the successful bidder of the executed Agreement and required Bonds, or within two (2) working days of the University's rejection of all bids or within two (2) working days after the expiration of forty-five (45) calendar days after the bid opening, whichever event shall occur first.

d. Bid Bonds, due to their nature, will not be returned.

(3) The University reserves the right to deposit bid security drafts or checks pending final disposal of them.

Section 7 Qualifications of Bidders

(1) A bidder must demonstrate, to the satisfaction of the University, that it has successfully completed three (3) contracts similar in size, scope and complexity to this contract within the last five (5) years.

a. For scope and complexity, similar work is defined as leveling of the infield dirt areas, basepaths brought back to correct width (6 ft) and convert to grass, homeplate circle brought back to the correct diameter (26 ft), infield edged and sodded to eliminate lips and to be made even with the clay portion of the infield, reconstruct pitcher’s mound to meet standard measurements, edge and

Page IB-4 of IB-17 SUNY Procedure 7554 sod Warning track around the entirety of the field including return warning track to original dimensions and replace/refill warning track infill to create a level surface, and replace the sleeves for all bases and replace home plate, of as further described in the General Requirements, Description of Work.

b. The determination of relevant contract experience in terms of size, scope and complexity will be at the sole discretion of the University.

c. The above three projects shall be submitted on Attachment A of the Proposal (Form 7554-

07), “List of Completed Similar Construction Projects” (the List). If the List is not provided or is missing information, and/or is found to have erroneous information or information that is no longer current, a Proposal may be rejected as not responsive. If requested by the University, the bidder may be permitted to add missing information, modify and/or explain erroneous information or information that is no longer current on the List.

Modifications and/or explanations of the List must be received within 48 hours of receipt of the University’s request.

(2) All prospective bidders must demonstrate to the satisfaction of the University that they have the skill and experience, as well as the necessary facilities, ample financial resources, ability to manage staff and subcontractors effectively, ability to anticipate and plan construction work for optimal progress, ability to create, strive for and maintain working environments and relationships that are constructive, communicative and cooperative, organization and general reliability to do the work to be performed under the provisions of the Contract in a satisfactory manner and within the time specified.

(3) Each bidder must demonstrate to the satisfaction of the University that it has working capital available for the Project upon which it is bidding in an amount equal to 15 percent of the first $100,000 of the amount of its Base Bid plus 10 percent of the next $900,000 plus 5 percent of the remainder of its Base Bid. Working capital is defined as the excess of current assets over current liabilities. The University defines current assets as assets which can be reasonably expected to be converted into cash within a year, and current liabilities as debts which will have to be paid within a year.

(4). The University may make such investigation as the University deems necessary to determine the ability of any bidder to perform the Work. Bidders shall furnish to the University all information and data required by the University, including complete financial data, within the time and in the form and manner required by the University. The University reserves the right to reject any bid if the evidence submitted by or an investigation of such bidder fails to satisfy the University that such bidder is properly qualified to carry out its obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

(5) At the time of the bid opening, all bidders and subcontractors, domestic and foreign, must be in compliance with New York State business registration requirements. Contact the NYS Department of State regarding compliance.

Section 8 Submission of Post-Bid Information

(1) Within forty-eight (48) hours after the opening of bids, each of the apparent three lowest bidders, unless otherwise directed by the University or otherwise provided in the Bidding and Contract Documents, shall submit to both the University and the Consultant:

Page IB-5 of IB-17 SUNY Procedure 7554

a. Evidence of a completed New York State Uniform Contracting Questionnaire (Vendor Responsibility Questionnaire For-Profit Construction (CCA-2)). Either email confirmation that the bidder’s CCA-2 is current and certified in the New York State VendRep System (VendRep) within the last six months from the bid date, or deliver a certified paper format CCA-2, including all attachments, to the University.

The University recommends that vendors file the required CCA-2 online via the VendRep.

To enroll in and use the VendRep, see the VendRep Instructions at https://www.osc.state.ny.us/vendrep/info_vrsystem.htm or go directly to the VendRep online at https://portal.osc.state.ny.us. To request assistance, contact the Office of the State Comptroller’s (“OSC”) Help Desk at 866-370-4672 or 518- 408-4672 or by email at ciohelpdesk@osc.state.ny.us.

The paper format CCA-2 and accompanying definitions are available on the OSC website at the following location:

http://www.osc.state.ny.us/vendrep/forms_vendor.htm

b. A working plan and schedule showing clearly, in sequence and time-scale, all significant activities of the work. The working plan and schedule shall be in the form of suitable charts, diagrams or bar graphs and shall be based on the Contractor's logic and time estimates for the anticipated time of commencement and completion of the work and its significant phases and activities and the interrelationship between such significant activities and other items pertinent to the work. This requirement is in addition to and not a substitute for the schedule requirements of section 3.02 (Time Progress Schedule) of the Agreement.

Although the working plan and schedule submitted shall not be used in determining the lowest responsible bidder, failure to submit the working plan and schedule may result in the rejection of the Proposal as not responsive.

c. The names and addresses of the bidder's proposed subcontractor for the Asbestos Abatement work of any value, and proposed subcontractors for Electrical Work, the Heating, Ventilating and Air-Conditioning Work and the Plumbing Work for each of said work categories valued at $100,000 or more.

i. For each proposed subcontractor named, provide a completed “List of Completed

Similar Construction Projects (the List).” If the List is not provided or is missing information, and/or is found to have erroneous information or information that is no longer current, a proposed subcontractor may be rejected. If requested by the University, the bidder may be permitted to add missing information, modify and/or explain erroneous information or information that is no longer current on the List;

modifications and/or explanations of the List must be received promptly after receipt of the University’s request.

ii. Only one proposed subcontractor should be named for each of such trades. Proposed subcontractors of the bidder may not be changed except with the specific written approval of the University.

iii. The naming of the bidder itself for any of such work is not acceptable and may result in rejection of the bidder unless the bidder can demonstrate to the University that it has successfully completed or substantially completed three (3) contracts similar in size, scope and complexity for the designated work within the last five (5) years. The https://www.osc.state.ny.us/vendrep/info_vrsystem.htm https://www.osc.state.ny.us/vendrep/info_vrsystem.htm https://portal.osc.state.ny.us/ mailto:ciohelpdesk@osc.state.ny.us http://www.osc.state.ny.us/vendrep/forms_vendor.htm

Page IB-6 of IB-17 SUNY Procedure 7554 determination of relevant contract experience in terms of size, scope and complexity will be at the sole discretion of the University.

iv. The bidder will be required to establish, to the satisfaction of the Consultant and the University, the reliability and responsibility of each of their said proposed subcontractors to furnish and perform the work described in the sections of the Specifications pertaining to each of such proposed subcontractors' respective trades.

By submission of the “List of Completed Similar Construction Projects,” a proposed subcontractor must be able to demonstrate that they have successfully completed or substantially completed three (3) contracts similar in size, scope and complexity for the designated work within the last five (5) years. The determination of relevant contract experience in terms of size, scope and complexity will be at the sole discretion of the University.

v. For each of the proposed subcontractors, the bidders must submit to the University, within seven (7) calendar days after the bid opening, evidence of a completed New York State Uniform Contracting Questionnaire (Vendor Responsibility Questionnaire For-Profit Construction (CCA-2)). Either email confirmation that the subcontractor’s CCA-2 is current and certified in the New York State VendRep System (VendRep) within the last six months from the bid date, or deliver a certified paper format CCA-2, including all attachments, to the University.

vi. In the event that the University and the Consultant reject any of said proposed subcontractors, the bidder, within two (2) working days after receipt of notification of such rejection, shall again submit to the University and the Consultant the name of another proposed subcontractor in place of the one rejected and it will be required to establish to the satisfaction of the University and the Consultant the reliability and responsibility of said proposed subcontractor; When naming another proposed subcontractor, the bidder must promptly submit the proposed subcontractor’s completed “List of Completed Similar Construction Projects” and their completed CCA- 2.

vii. The bidder will not be permitted to submit another proposed subcontractor if it designated itself for any of the aforesaid categories of work.

viii. Proposed subcontractors of the bidder, approved by the University and the Consultant, must be used on the work for which they were proposed and approved and they may not be changed except with the specific written approval of the University.

d. A breakdown of the amount of the bidder's Proposal. Such breakdown shall be prepared in accordance with industry standards. No bidder shall be barred from revising, in the Contract breakdown required under the provisions of Section 4.08 of the Agreement, the various amounts listed in the bid breakdown required under the provisions of this Section.

The amount set forth in said bid breakdown will not be considered as fixing the basis for additions to or deductions from the Contract consideration.

(2) Except for Contracts of $100,000 or less, within seven (7) calendar days after the opening of bids, unless otherwise directed by the University, the three low bidders shall submit to the University for its approval, a Minority and Women-owned Business Enterprise Utilization Plan (Form 7557-107).

(3) Except for contracts of $100,000 or less, within seven (7) calendar days after the opening of bids, https://www.suny.edu/sunypp/lookup.cfm?lookup_id=618

Page IB-7 of IB-17 SUNY Procedure 7554 the three low bidders shall submit to the University for its approval, an Equal Employment Opportunity Statement and EEO Staffing Plan (Form 7557-108) to ensure equal employment opportunities without discrimination because of race, creed, color, sex or national origin. Such Statement and plan should demonstrate the bidder’s intent to comply with the provisions of Article VI of the Agreement. The EEO plan should include the methods that the bidder will use to address nondiscrimination and affirmative action so that minorities and women will be included in the work force. The Equal Employment Opportunity (“EEO”) Policy Statement that shall contain, but not necessarily be limited to, a provision that the bidder, as a precondition to entering into a valid and binding Contract with the University, shall during the performance of the Contract, agree to the following:

a. It will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing programs of affirmative action to ensure that minority group membership and women are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on the Contract.

b. It shall state in all solicitations or advertisements for employees that, in the performance of the Contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

c. At the request of the University, it shall request each employment agency, labor union or authorized representative of workers, with which it has collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the bidder’s obligations herein.

d. After the award of the contract, it shall submit to the University a work force utilization report, in a form and manner required by the University, of the work force actually utilized on the Contract, broken down by specified ethnic background, gender and Federal occupational categories or other appropriate categories specified by the University.

(4) The above information and such other information as the University or the Consultant may request or obtain will be used by the University in determining the reliability and responsibility of the bidder and any proposed subcontractors. Each bidder must comply promptly with all requests by the University and the Consultant for information and must actively cooperate with the University and the Consultant in their efforts to determine the qualifications of the bidder and any proposed subcontractors. Failure to comply with the latter may result in the rejection of the Proposal as not responsive. All information required to be furnished to the University under this Section shall be sent to the State University at {insert address or email address}.

Section 9 Award of Contract

(1) The award of the Contract shall be made to the bidder submitting the lowest bid that is responsive to the solicitation and who, in the sole opinion of the University, is qualified to perform the work.

The University shall determine the lowest bid by adding to or deducting from the Base Bid of the bidders the additive or deductive alternates, if any, the University elects to accept after the opening of the Proposals. Alternates will be accepted in the order they are set forth in the Proposal. The https://www.suny.edu/sunypp/lookup.cfm?lookup_id=621

Page IB-8 of IB-17 SUNY Procedure 7554 unit prices set forth in the Proposal for additions to or deductions from the work shall not be considered in determining the lowest bid.

The lowest base bid shall not exceed the amount of funds then estimated by the University as available to finance the contract. If the lowest bidder exceeds such amount, the University may reject all bids, or may award the contract on the base bid combined with deductive alternates applied in the order they are set forth in the Proposal as produces the net amount which is within the available funds.

(2) The right is reserved, if, in the University's judgment, the public interest will be promoted thereby, to reject any or all Proposals, to waive any informality in any Proposal received or to afford any bidder an opportunity to remedy any deficiency resulting from a minor informality or irregularity.

Without limiting the generality of the foregoing:

a. A Proposal may be rejected as not responsive if the bidder fails to furnish the required bid security or to submit the data required with or after its Proposal and this Information for Bidders.

b. A Proposal may be rejected as not responsive if the bidder cannot show to the satisfaction of the University: (i) that it has the necessary qualifications and capital; or (ii) that it owns, controls or can procure the necessary plant and equipment to commence the work at the time prescribed in the Contract and thereafter to prosecute and complete the work at the rate, or within the time specified; or (iii) that it is not already obligated by the performance of so much other work as is likely to delay the commencement, prosecution or completion of the work contemplated by the Contract.

c. A Proposal will be rejected as not responsive if it does not provide for the completion of the work by the date of completion specified in the Proposal.

(3) The University also expressly reserves the right to reject any Proposal as not responsive if, in its opinion, considering the work to be performed, the facts, as to the bidder's business or technical organization, plant, financial and other sources of business experience compared with the work bid upon, justify rejection.

(4) The award of the Contract shall not be construed as a guarantee by the University that the plant, equipment and the general scheme of operations and other data submitted by the bidder with or after its Proposal is either adequate or suitable for the satisfactory performance of the work.

Section 10 Required Bonds and Insurance

(1) Unless otherwise agreed to by the University, within ten (10) working days after the receipt of Letter of Intent, the Contractor shall procure, execute and deliver to the University and maintain, at its own cost and expense:

a. A Performance Bond and a Labor and Material Bond, both of which bonds shall be on the form prescribed by the University and in an amount not less than 100 percent of the total amount of the Contract awarded to the Contractor by the University said bonds must be issued by a surety company approved by the University and authorized to do business in the State of New York as a surety.

b. Attorneys-in-fact who execute said Bonds on behalf of a surety must affix thereto a certified

Page IB-9 of IB-17 SUNY Procedure 7554 and effectively dated copy of their power of appointment.

(2) Prior to the commencement of work the Successful Bidder will provide, at its sole cost and expense, Certificates of Insurance in accordance with Section 5.06 and 5.07 of the Construction Agreement, which shall remain in force throughout the term of the agreement, or any extension thereof.

(3) Insurance shall be in accordance with the limits set forth in Schedule A of the Construction

Agreement.

(5) A 120-day schedule

a. After receipt of the Letter of Intent but before receipt of the Contract is Awarded, the

Contractor, unless otherwise directed by the University, shall update the working plan and schedule previously submitted in accordance with the Information for Bidders to define the contractor’s planned operations during the first 120 days and submit it to the University and the Consultant for their acceptance. The updated working plan and schedule shall be in the form of suitable charts, diagrams or bar graphs and shall be based on the Contractor's logic and time estimates. When updated, such plan and schedule shall be sufficiently detailed to show clearly, in sequence, all salient features of the work of each trade including: the anticipated time of commencement and completion of such work and the interrelationship between such work, submission of Shop Drawings and Samples for approval, approval of Shop Drawings and Samples, placing of orders of materials, fabrication and delivery of materials, installation and testing of materials, contiguous or related work under other contracts, and other items pertinent to the work.

The Notice to Proceed may be withheld until this schedule is received and is deemed responsive to the project requirements.

b. After Contract Award, but before processing second progress payment application, the Contractor, unless otherwise directed by the University, shall submit to the University and the Consultant for their acceptance its proposed working plan and project time schedule for all the work covered by the Contract, and shall include activities for preparation and submission of all Shop Drawings and Samples. Said proposed working plan and schedule shall be prepared in accordance with the form and requirements set forth in the preceding paragraph.

Section 11 Minority and Women-Owned Business Enterprises

(1) Pursuant to New York State Executive Law Article 15-A, the University recognizes its obligation under the law to promote opportunities for maximum feasible participation of certified Minority and Women-Owned Business Enterprises and the employment of minority group members and women in the performance of University contracts.

(2) For purposes of this solicitation, the University hereby establishes an overall goal of 0%for MWBE participation, 0% for Minority-Owned Business Enterprises (“MBE”) participation and 0%for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs). For additional information please refer to the MWBE requirements outlined in the Prospective Bidders Notice (Form 7557-121b) and Exhibit A-1.

(3) For guidance on how the University will determine a Contractor’s “good faith efforts,” refer to 5

NYCRR §142.8.

https://www.suny.edu/sunypp/lookup.cfm?lookup_id=855

Page IB-10 of IB-17 SUNY Procedure 7554

(4) Please note the forms identified in the Prospective Bidders Notice (Form 7557-121b) must be submitted within seven days of the bid opening. Required forms include the MWBE-EEO Policy Statement (Form 7557-104 or equivalent), the MWBE Utilization Plan (Form 7557-107) and the EEO Staffing Plan (Form 7557-108).

(5) Upon contract award and prior to contract execution the selected awardee will enter its Statewide Utilization Management Plan (SUMP) and document its good faith efforts to achieve the applicable MWBE participation…