Clarifier Instructions to Bidder.pdf

SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

Clarifier Rehabilitation – Newport Utilities Waste Water Plant

TABLE OF CONTENTS

Article 1—Defined Terms

Article 2—Bidding Documents

Article 3—Qualifications of Bidders

Article 4—Examination of Bidding Documents, Other Related Data, and Site

Article 5—Pre-Bid Conference

Article 6—Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site

Article 7—Bidder’s Representations

Article 8—Bid Security

Article 9—Contract Times

Article 10—Liquidated Damages

Article 11—Subcontractors, Suppliers, and Others

Article 12—Preparation of Bid

Article 13—Basis of Bid

Article 14—Submittal of Bid

Article 15—Modification and Withdrawal of Bid

Article 16—Opening of Bids

Article 17—Bids to Remain Subject to Acceptance

Article 18—Evaluation of Bids and Award of Contract

Article 19—Bonds and Insurance

Article 20—Signing of Agreement

Article 21—Sales and Use Taxes

Article 22—Contracts to Be Assigned

ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions.

ARTICLE 2—BIDDING DOCUMENTS

2.01 The Bidding Documents consist of the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

2.02 The Bidding Documents may be examined at the following location:

Newport Utilities 170 Cope Blvd Newport, TN

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, after submitting its Bid and within 5 days of Owner’s request, Bidder must submit written evidence such as financial data, previous experience, and present commitments. 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 qualification prior to award of the Contract.

ARTICLE 4—EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA,

AND SITE

4.01 Before submitting a Bid, each Bidder must (a) examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents, (b) visit the Site and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work, (c) become familiar with and satisfy itself as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

ARTICLE 5—PRE-BID CONFERENCE

5.01 A non-mandatory pre-bid conference will be held on September 9, 2025 at the Newport Utilities Main Office. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate; however, attendance is not required to submit a Bid.

ARTICLE 6—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS;

EXAMINATION OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE

SITE

6.01 A scheduled site visit will occur on September 9, 2025, immediately following the pre-bid conference. Bidders are encouraged to carefully examine the Site to become familiar with existing conditions and constraints that may affect the Work.

ARTICLE 7—BIDDER’S REPRESENTATIONS

7.01 In submitting its Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any Addenda.

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of at least five percent (5%) of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until Bidder has executed the Agreement, furnished the required Contract security and insurance certificates, and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to furnish the required documents within the time specified, Owner may annul the Notice of Award and the Bid security will be forfeited.

8.03 Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained until the earlier of seven (7) days after the Effective Date of the Agreement or sixty-one (61) days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

8.04 Bid security with Bids that are not competitive will be returned within seven (7) days after the Bid opening.

ARTICLE 9—CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are as follows:

Substantial Completion: 90 days

Final Completion: 120 days

ARTICLE 10—LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to attain Substantial Completion or final completion are set forth in the Agreement.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 If requested by Owner, the apparent Successful Bidder, and any other Bidder so requested, shall within 5 days after Bid opening, submit to Owner a list of all Subcontractors, Suppliers, and others proposed for those portions of the Work identified by Owner in the Bidding Documents. 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, or other person or organization. If Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, or other person or organization, Owner may, before giving Notice of Award, request apparent Successful Bidder to submit an acceptable substitute. Apparent Successful Bidder shall submit an acceptable substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents. A separate Bid Form is to be completed for each Contract for which a Bid is being submitted. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each item listed therein.

ARTICLE 13—BASIS OF BID

13.01 Lump Sum

A. Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form.

ARTICLE 14—SUBMITTAL OF BID

14.01 With each copy of the Bidding Documents, a Bid Form is included. Bidders shall complete and submit the Bid Form in a sealed opaque envelope. The envelope shall be clearly marked with the Project title, name and address of Bidder, and shall be addressed to Newport Utilities, 170 Cope Blvd, Newport, TN 37821.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 A Bid may be modified or withdrawn by an appropriate document duly executed and delivered to Owner prior to the date and time for the opening of Bids.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid. Bids will be opened publicly, and a tabulation of the amounts of the Bids will be made available to Bidders after the opening of Bids.

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date.

17.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned.

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom Owner finds, after reasonable inquiry and evaluation, to not be responsible. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work.

ARTICLE 19—BONDS AND INSURANCE

19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment bonds and insurance documentation.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents. Within 15 days thereafter, Successful Bidder shall execute and deliver required counterparts of the Agreement and deliver required bonds and insurance documentation to Owner. Owner shall execute and deliver one counterpart to Successful Bidder.

ARTICLE 21—SALES AND USE TAXES

21.01 Owner is exempt from Tennessee sales and use taxes on materials and equipment to be incorporated in the Work. Such taxes shall not be included in the Bid.

ARTICLE 22—CONTRACTS TO BE ASSIGNED

22.01 The Owner intends to assign certain existing contracts for equipment or materials to the Successful Bidder, as identified in the Bidding Documents.