Instructions To Bidders - BP1.pdf

47079 SIB-1 December 2022

INSTRUCTIONS TO BIDDERS

Defined Terms

Disputes with respect to the definitions of any terms shall be resolved by Metrix Management., (“CONSTRUCTION MANAGER”). The term “Successful Bidder” shall mean the qualified Bidder but not necessarily the lowest Bidder to whom The City of Garden City (“OWNER”) (on the basis of OWNER’s and CM’s evaluation) makes an award.

Bid Submission Requirements

1. All Bidding Documents are available through the CONSTRUCTION MANAGER.

2. OWNER and CONSTRUCTION MANAGER, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining bids for the work and do not confer a license or grant for any other use of the Bidding Documents by the Bidder.

3. Bids must have detailed breakdown of costs (labor, materials, equipment, and unit pricing where applicable).

4. The Construction Manager and Owner reserve the right to reject any or all bids, waive irregularities, and accept the bid deemed most advantageous.

Qualifications of Bidders To demonstrate qualifications to perform the work, each Bidder must be prepared to submit, within five

(5) days of OWNER’s or CONSTRUCTION MANAGER’s request, written evidence of any information deemed necessary by the CONSTRUCTION MANAGER for bid evaluation, including, but not limited to, previous experience (upon request), evidence of authority to conduct business in the jurisdiction where the project is located or covenant to obtain such qualification prior to award of the contract. Failure to submit any such data within the five (5) day period shall give the OWNER and the CONSTRUCTION MANAGER the right to finally reject the CONTRACTOR’s bid.

Examination of Contract Documents and Site

1. Before submitting a bid, each Bidder must (a) examine the Contract Documents thoroughly;

(b) visit the site to familiarize itself with local conditions that may, in any way, affect cost, progress or performance of the work; (c) familiarize itself with federal, state and local laws, ordinances, rules and regulations that may, in any way, affect cost, progress or performance of the work; and (d) study and carefully correlate Bidder’s observations with the Contract Documents.

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2. Request may be made for the identification of those reports of investigations and tests of subsurface and latent physical conditions on the site or otherwise affecting cost, progress or performance of the work, which have been relied upon by CONSTRUCTION MANAGER in preparing the Contract Documents. OWNER may make copies of such reports available to any Bidder requesting them. Before submitting its bid, each Bidder shall, at its own expense, prepare additional investigations and tests as the Bidder may deem necessary to prepare its bid for performance of the work. The OWNER and CONSTRUCTION MANAGER make no guarantee as to the accuracy or the completeness of the reports. Nor are they included in the Contract Documents.

3. On request, OWNER will provide each Bidder access to the site to conduct investigations and tests as each Bidder deems necessary for submission of his bid.

4. It is the responsibility of the CONTRACTOR to make whatever arrangements it deems necessary to obtain access to the property that is not included within the project, including, but not limited to, land necessary to obtain access to the project, land for storage of material and equipment, etc.

5. The submission of a bid will constitute an incontrovertible representation by the Bidder that it has complied with every requirement of this Article 4 and all other provisions of 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 of the work.

Interpretations All questions relating to the meaning or intent of the Contract Documents shall be submitted to the CONSTRUCTION MANAGER in writing. Replies, if any, may be issued if CONSTRUCTION MANAGER decides it to be in the interest of the project, by addenda mailed or delivered to all parties recorded by CONSTRUCTION MANAGER as having received the Bidding Documents.

CONSTRUCTION MANAGER reserves the right not to answer questions received less than 1 day prior to the date for opening of bids. Only questions answered by formal written email will be binding.

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

Contract Time The number of days within which, or the date by which, the work is to be completed is TBD and will be determined by published construction schedules to be updated as the project progresses.

Substitute Material and Equipment The Notice of Award shall be based on the materials and equipment described in the Contract Documents, although consideration of possible substitute of “like kind and quality” items will be considered if Bid Alternate is submitted.

Subcontractors If the CONSTRUCTION MANAGER requires the identity of certain SUBCONTRACTORs and other persons and organizations to be submitted to OWNER in advance of the Notice of Award, the Successful Bidder, and any other Bidder so requested shall, within five (5) days after the day of the bid opening, submit to CM a list of all SUBCONTRACTOR’s and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the work as to which such identification is so required.

Such a list shall be accompanied by an Experience Statement with pertinent information as to similar

47079 SIB-3 December 2022 projects and other evidence of qualifications for each such SUBCONTRACTOR, persons and organization. If OWNER or CONSTRUCTION MANAGER has any objection to any proposed SUBCONTRACTOR, other person or organization, either may, before giving the Notice of Award, request the Successful Bidder to submit an acceptable substitute without an increase in bid price. If the apparent Successful Bidder declines to make any such substitution, the Contract shall not be awarded to the Successful Bidder. After giving the Notice of Award, if the OWNER or CONSTRUCTION MANAGER, after due investigation, has reasonable objection to any SUBCONTRACTOR, other person or organization, either may request the Successful Bidder to provide an acceptable substitute without an increase in the contract price. In such a case, neither the OWNER nor the CONSTRUCTION MANAGER shall be liable for any damages or remedies of either the CONTRACTOR or the SUBCONTRACTOR and other person or organization, of this provision of the Contract prior to the parties being contractually bound.

Submission of Bids Bids shall be submitted at the time and place indicated in the “Notice to Bidders” and shall be included in an opaque sealed envelope that shall be enclosed in a separate envelope with the notation “BID ENCLOSED” on the face thereof.

Modification and Withdrawal of Bids

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.

2. If, within 24 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 his bid, that Bidder may withdraw his bid and the bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the work.

Opening of Bids Bids will be opened publicly; they will be read aloud and an abstract of the amounts of the base bids and major alternates, if any, will be made available after the opening of bids.

Bids to Remain Open All bids shall remain open for 60 days after the date of the bid opening.

Award of Contract

1. OWNER or CM shall have the right to reject any bid, to waive any and all informalities, to negotiate contract terms with the Successful Bidder, and to disregard all non-conforming, non-responsive or conditional bids. Discrepancies between the indicated sum of any column of figures and the correct sum thereof shall be resolved in favor of the correct sum. However, if, in the opinion of the CONSTRUCTION MANAGER, the conflict is substantial, then the OWNER shall have the right to consider the CONTRACTOR’s bid non-uniform, void the bid, and award the Contract to another Bidder. The CONSTRUCTION MANAGER or OWNER shall incur no liability to the rejected Bidder.

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2. In evaluating bids, the OWNER and CONSTRUCTION MANAGER shall consider the qualifications of the Bidders, whether or not the bids comply with the prescribed requirements, alternates and/or unit prices and any other consideration the OWNER or CONSTRUCTION MANAGER deems pertinent. OWNER may accept alternates if specifically requested in any order or combination.

3. The OWNER and CONSTRUCTION MANAGER may consider the qualifications and experience of SUBCONTRACTORs and other persons and organizations (including those who are to furnish the principal items or material or equipment) proposed for those portions of the work as to which the identity of SUBCONTRACTORs and other persons or organizations must be submitted. Operating costs, maintenance considerations, performance data and guarantee of materials and equipment also may be considered by OWNER and CONSTRUCTION

MANAGER.

4. The OWNER and CONSTRUCTION MANAGER may conduct such investigations as they deem necessary to assist in the evaluations of any bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed SUBCONTRACTORs and other persons and organizations to do the work in accordance with the Contract Documents.

5. The OWNER shall have the right to reject the bid of any Bidder who does not pass any such evaluation to OWNER’s and CONSTRUCTION MANAGER’s satisfaction.

6. If the contract is to be awarded, it will be awarded to the Bidder whose evaluation by OWNER confirms to OWNER that the award will be in the best interests of the project.

7. If the contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within 14 days after the date of the bid opening.

Signing of the Agreement CM will give a Notice of Award to the Successful Bidder within 14 days after submission. Within 3 days thereafter, CONTRACTOR shall E-Sign all signed counterparts of the Agreement to the CM.

CONSTRUCTION MANAGER will identify that the Contract Documents are fully signed between the OWNER and CONTRACTOR and such identification shall be binding on all parties.

These instructions to bidders are incorporated in the contract and made a part thereof.

SPECIAL INSTRUCTIONS TO BIDDERS

It is the intent of the OWNER that the CONTRACTOR complete all work as provided in the contract documents.

Bid Prices Bid prices shall remain firm for 30 days and shall include all costs associated with materials, equipment, tools, labor, signing, incidentals and transportation necessary, unless otherwise noted, to fully complete the project in compliance with the Specifications.

CONSTRUCTION MANAGER

1. The CONSTRUCTION MANAGER, Metrix Management, shall have general supervisory authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The CONSTRUCTION MANAGER also shall have authority to reject any work or materials which do not conform to the contract, to resolve any questions

47079 SIB-5 December 2022 regarding the Contract Documents, and to provide any interpretation of the Contract Documents.

2. The CONTRACTOR shall immediately report to the Construction Manager any questionable or obvious error or omission in the Contract Documents and shall not proceed with the work until the CONSTRUCTION MANAGER has addressed the error or omission.

3. Questions regarding the plans and specifications for this project may be directed to Michael Wadenstorer, CM at Mike@MetrixMgmt.com. The CONSTRUCTION MANAGER shall have to the right to inspect any materials to be used by the CONTRACTOR in performing its work with respect to this contract.

4. The OWNER and CONSTRUCTION MANAGER do not assume any liability for the availability of materials, associated tariffs, and/or equipment or components required under this contract.

5. Materials, equipment, components or completed work not in compliance with the Contract Documents may be rejected by the CONSTRUCTION MANAGER or designated representative and shall be replaced by the CONTRACTOR at no cost to the OWNER or

CONSTRUCTION MANAGER.

Responsibility of CONTRACTOR

1. The CONTRACTOR shall be responsible for its work. The CONTRACTOR assumes all risk of damage to its work under the contract and agrees to defend and indemnify the OWNER and CONSTRUCTION MANAGER against all claims arising out of, or related to, its work under the contract.

2. The CONTRACTOR shall be held responsible for the satisfactory and complete execution of its work under the contract. The CONTRACTOR shall provide, without extra charge, all incidental items required as a part of its work under the contract, even if not particularly specified or indicated.

3. All work performed by the CONTRACTOR shall comply with any and all industry standards and federal, state and local codes, statutes and ordinances which shall be considered as included as part of the Contract Documents.

4. Any reference in these documents to Standard Specifications shall mean the latest revision of those Specifications and shall become a part of the Contract Documents. Any part of the work not completely detailed in these documents, or referenced in a Standard Specification, shall be governed by the latest edition of the proper industry document.

5. The CONTRACTOR shall supervise its work under the contract and shall always have a competent person on site when work is performed.

6. The CONTRACTOR shall remove all rubbish and accumulated materials resulting from its work under this contract on a daily basis.

7. The CONTRACTOR shall comply with all applicable OSHA and MIOSHA regulations.

Site Inspection The CONTRACTOR is required to investigate and become familiar with all conditions relating to the work to be performed by it under this contract; shall verify all measurements and materials required under this contract; and shall be responsible for correctness of same. The CONTRACTOR shall not be entitled to any extra charges or compensation for any errors, omissions or miscalculations on the part of the CONTRACTOR, or because of the failure on the part of the CONTRACTOR to investigate or inspect the site.

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Site Security The CONTRACTOR shall be solely responsible for job site security of his materials and tools. The OWNER and CONSTRUCTION MANAGER shall not be liable to the CONTRACTOR for any loss or damage to the CONTRACTOR’s materials and tools.

Site Access The OWNER will provide fair and reasonable access to the job site within the working schedule of both parties.

Protection of Work, Property and Public

1. The CONTRACTOR shall maintain adequate protection of its work from damage and shall protect all public and private abutting property from injury or loss arising in connection with this contract. The CONTRACTOR shall provide and maintain all barricades, lights, fences, watch persons or other facilities necessary to protect all persons from danger or hazardous conditions resulting from its work under this contract.

2. The CONTRACTOR shall confine its equipment and operations to those areas of the work site necessary for the completion of its work, or as authorized by the CONSTRUCTION MANAGER. The CONTRACTOR shall protect and preserve from damage any facilities, utilities or features including trees, shrubs and turf, which are not required to be disturbed by the requirements of the work.

3. The CONTRACTOR shall supply and maintain all necessary lights, signs and barricades for the protection of the work and of the public. Traffic control devices used by the CONTRACTOR shall conform to the Michigan Manual of Uniform Traffic Control Devices (abstracted in a MDOT publication, “Construction Signing”).

4. All protection and control devices within the “area of construction” shall be considered as incidental to the performance of the work by the CONTRACTOR and, therefore, the CONTRACTOR shall not be entitled to any extra payment of compensation for providing same. For purposes of this contract, the “area of construction” is defined as any city block in which the work of the CONTRACTOR may affect the safe travel of the public.

Construction Schedule and Coordination

1. Time is of the essence with respect to the work to be performed by the Contactor. Failure on the part of the CONTRACTOR to complete the work within the stated time it has set forth in the contract and agreed to herein, the CONTRACTOR shall be liable to the OWNER for any damages incurred by the OWNER as a result of such delay.

2. The CONTRACTOR shall coordinate with CM and all other CONTRACTORs who may be working on the site in order to allow for the orderly progress of work being done on the site.

3. The CONTRACTOR shall supply the CONSTRUCTION MANAGER with an agreed upon Construction Schedule before commencing any work under this contract. The Construction Schedule shall detail beginning and completion dates for each major component of the project.

4. Construction delays resulting from tardiness on the part of the CONTRACTOR will be reviewed by the CONSTRUCTION MANAGER in the event of any request for extension by the CONTRACTOR.

5. The CONTRACTOR shall schedule all work to accommodate the City’s schedule. In the event

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CONTRACTOR’s schedule falls on weekends, nights or overtime work is required, no additional compensation will be allowed. All work shall be part of this Contract without regard to when it is done.

6. Note that this is a project requiring planning, scheduling and cooperation on the part of all parties concerned.