Walkable Ithaca--Giles St Sidewalk Bid Book.pdf

CITY OF ITHACA

OFFICE OF THE CITY ENGINEER

108 EAST GREEN STREET

ITHACA, NEW YORK 14850

CONTRACT DOCUMENTS

2021 Walkable Ithaca: Giles St. Sidewalk

TOMPKINS COUNTY, NEW YORK

April 2021

Department of Public Works Svante Myrick

Engineering Division MAYOR

Aaron O. Lavine

CITY ATTORNEY

Michael Thorne

SUPERINTENDENT OF

PUBLIC WORKS

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2021 WALKABLE ITHACA: GILES ST. SIDEWALK

TABLE OF CONTENTS

INTRODUCTORY INFORMATION

SECTION-DESCRIPTION

00002-TABLE OF CONTENTS

00003-LIST OF CONTRACT DOCUMENTS

BIDDING REQUIREMENTS

00100-ADVERTISEMENT FOR BIDS

00200-INSTRUCTIONS TO BIDDERS

00400-BID FORM AND SUPPLEMENTS

00410-SUPPLEMENT A - BID PROPOSAL

00420-SUPPLEMENT B - BID BOND.…

00430-SUPPLEMENT C - BIDDER’S QUALIFICATION STATEMENT

00440-SUPPLEMENT D - NON-COLLUSIVE CERTIFICATION

00460-SUPPLEMENT E - IDEMNIFICATION AGREEMENT

00470-SUPPLEMENT F – LIST OF SUBCONTRACTORS/SUPPLIERS……...

00480-SUPPLEMENT G – IRANIAN ENERGY DIVESTMENT CERT……….

00490-SUPPLEMENT H – NYS DEC MWBE RESPONSIBILITIES &………..

UTILIZATION PLAN

00495 SUPPLEMENT I - SEXUAL HARASSMENT PREVENTION ………….

CERTIFICATION

CONTRACT FORMS

00600-AGREEMENT

00610-NOTICE OF AWARD

00620-NOTICE TO PROCEED

00630-INSURANCE REQUIREMENTS………………………………………..

CONDITIONS OF THE CONTRACT

00700-GENERAL CONDITIONS INDEX

GENERAL CONDITIONS

00800-SUPPLEMENTARY CONDITIONS

00810-PREVAILING WAGE SCHEDULE

00820-CITY OF ITHACA APPRENTICESHIP INCENTIVE PROGRAM……

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SPECIFICATIONS

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SPECIAL SPECIFICATIONS & CONCRETE NOTES 1-5

10000-GENERAL…….............................................................................................. GN-1 TO GN-8

GILES STREET ROAD CLOSURE SHEET………………………………………. 1

CITY SIDEWALK STANDARD SHEETS…………………….………...………..... 1 TO 2

DELTA CONTRACT DRAWINGS………………………………………………… 1 TO 33

NYS DOT SPECIFICATIONS.. …………………………………………… DIGITAL & 1 TO 50

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LIST OF CONTRACT DOCUMENTS

The contract documents for this project consist of the following items:

1. This Agreement;

2. Performance, Payment, and other Bonds and Insurances, as required, including the document entitled “Insurance Requirements” Section 00630;

3. General Conditions;

4. Supplementary Conditions;

5. Construction and Material Specifications:

The documents and specifications for the 2021 Walkable Ithaca: Giles St. Sidewalk

Project, dated April 2021, as listed in the Table of Contents, including General

Specifications, Special Notes and Special Specifications.

New York State Department of Transportation Standard sheets, US Customary, all sheets listed on the Index of Sheets issued through January 1, 2021, available at www.dot.ny.gov.

New York State Department of Transportation Standard Specifications (US Customary

Units) dated January 1, 2021 with addenda and modifications current as of the date of advertisement for the project. Where reference is made to New York State, State

Department of Transportation, Commissioner, Deputy Chief Engineer of the Technical

Services Department (D.C.E.T.S.), Deputy Chief Engineer (Structures) (D.C.E.S.), Geotechnical Engineering Bureau (G.E.B.), etc., the appropriate OWNER’s Official, ENGINEER or Resident Project Representative shall be substituted. In any instance where the provisions of the NYS Department of Transportation Standard Specifications are in conflict with the provisions contained within this document, the stricter provision shall govern. The OWNER or its representative shall make the final interpretations of any irregularities, ambiguities or questions arising out of the Specifications and the New York

State Department of Transportation Specifications used on this project. Copies of the

New York State Department of Transportation Specifications can be obtained directly from the New York State Department of Transportation.

6. Contract Drawings:

SHEET

No.

DESCRIPTION SHEET No.

1-33 DELTA GILES & E. STATE ST. PLANS DELTA

34 GILES ST. ROAD CLOSURE-90 DAYS MAX. CITY OF ITHACA

35-36 CITY SIDEWALK DETAILS CITY OF ITHACA

37-87 NYS STANDARD DETAILS NYS DOT

7. Addenda (if any) issued for this contract, check website;

8. Instructions to Bidders;

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9. Contractor’s Bid (Supplements, Bid Form, and Bid Proposal Including Unit Price

Proposal, NYS DEC MWBE Responsibilities & Requirements);

10. Notice of Award;

11. The following which may be delivered or issued after the Effective Date of the

Agreement and are not attached hereto:

a. Notice to Proceed

b. NYS DEC MWBE Utilization Plan

c. Work Change Directives

d. Change Orders

e. Final, as approved by Owner, Progress Schedule

f. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents as provided in the General Conditions.

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Advertisement for Bids

City of Ithaca – Department of Public Works

108 East Green Street

Ithaca New York 14850

PH: (607) 274-6530

Sealed Bids for the 2021 Walkable Ithaca: Giles St. Sidewalk project located in the City of Ithaca, New York will be received by the office of the City Controller at 108 East Green Street, Ithaca, NY until April 27, 2021 at 2:00PM in the City Controller

Office. The bids will then be publicly opened and read aloud via a virtual meeting due to pandemic restrictions. Contractors will receive an email invitation to the videoconference, and must contact Johnathan Licitra (see contact details below) in order to receive the invitation. After the bid opening, the bid tabulation will be emailed to bidders and posted on the City website.

The proposed project is to provide improvements to sidewalk segments and curb ramps along 500-900 Giles St. and 1100 East

State Street within the City of Ithaca. The project will primarily include new granite curb, sidewalks and curb ramps, retaining walls, and drainage improvements. All sidewalks and curb ramps are within the City of Ithaca right of way. This project is a Unit

Price contract.

BIDS SHALL BE SUBMITTED IN A SEALED ENVELOPE, ENTITLED: 2021 WALKABLE ITHACA: GILES ST.

SIDEWALK BID.

A voluntary pre-bid meeting will be held on April 19, 2021 at 108 East Green Street, Ithaca, NY at 10:00AM in the City Hall

Parking Lot.

Each bid shall be accompanied by a deposit in the amount of: Five Percent (5%) of the Total Gross Sum Bid in the form of a Certified Check, Bank Draft, or Bid Bond. Cash will not be acceptable as a deposit. Bid deposits of all unsuccessful bidders shall be returned promptly upon execution of the contract with the successful bidder.

Copies of the contract documents, listed in the Table of Contents and the List of Contract Documents, may be downloaded and printed from the City’s website at:

http://www.cityofithaca.org/bids.aspx

Documents may be examined from the website, as well as at the following location:

City of Ithaca, Engineer’s Office, 108 East Green Street, Ithaca, NY 14850

Amendments can only be accomplished by means of Addenda issued by the City of Ithaca or their designee. Written questions should be addressed to Johnathan Licitra at the City of Ithaca at jlicitra@cityofithaca.org. Questions must be received by 5:00 p.m. April 21, 2021.

The City reserves the right to reject any or all bids and to waive any informality or technicality in any bid in the interest of the Owner. Attention of Bidders is particularly called to the requirements for ensuring that employees, applicants for employment, and contractors are not discriminated against; refer to the Contract Documents for additional information.

This project has been funded in part by the Climate Smart Community Grant Program, Title 15 of the Environmental

Protection Fund through the NYS Department of the Environmental Conservation (NYS DEC). All bidders are subject to the terms of the NYS Master Contract for Grants—Standard Terms and Conditions. All bidders are subject to the terms of the

Master Contract “Attachment A-1 (State Funded Grant) Program Specific Terms and Conditions” (copy enclosed in the contract). Funding for this project comes in part through an Office of Climate Change (OCC) Climate Smart Communities

Grant. Under Article 15A, Executive Law, the State of New York is committed to providing Minority and Women-owned

Business Enterprise (MWBE) equal opportunity to participate in government contracts. The following goal has been set for this project: 30% MWBE of the $266,500 grant fund. The successful bidder may be required to furnish reports showing participation of various business enterprises of subcontractors and suppliers of the contract.

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Any contractor awarded a contract with the City of Ithaca, including any subcontractors, shall thereafter be eligible to participate in the City Apprenticeship Incentive Program by submitting a Notice of Intention to use the program.

Advertised in:

City of Ithaca Website

New York State Contract Reporter

Michael Thorne Date

Superintendent of Public Works

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4/1/2021

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INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

Terms used in these Instructions to Bidders and Bid Documents which are defined in the Standard General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions. The term “Bidder” means one who submits a Bid directly to Owner, as distinct from a sub-Bidder, who submits a bid to a

Bidder. The term “Successful Bidder” means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an award. The term “Bidding Documents” includes the

Advertisement for Bids, Instruction to Bidders, the Bid Form, and the proposed

Contract Documents (including all Addenda issued prior to receipt of Bids). For the purposes of this contract, the term “Owner” shall refer to the City of Ithaca, and the term “Engineer” shall refer to the Owner representative identified in Article 3 of the

Agreement.

2. COPIES OF BIDDING DOCUMENTS

Complete sets of the Bidding Documents may be downloaded and/or printed from the

City of Ithaca website at www.cityofithaca.org/bids. Copies are available for review in the Office of the City Engineer.

Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

3. QUALIFICATIONS OF BIDDERS

To demonstrate qualifications to perform the work, each Bidder shall submit written evidence as requested in the ‘Statement of Bidder’s Qualifications Proof of

Competency’ form included as Supplement C. Also refer to Supplementary

Conditions section 7.06. Bidder is advised to carefully review those portions of the

Bid Form and Supplements requiring Bidder’s representations and certifications.

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

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

Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress performance or furnishing of the Work, (d) study and carefully correlate Bidder’s observations with the Contract Documents, (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents and (f) be familiar with all Public Utility

Requirements.

http://www.cityofithaca.org/bids

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Written notification shall be made to Johnathan Licitra, City of Ithaca, 108 East State, Ithaca, NY 14850 or emailed to jlicitra@cityofithaca.org.

Information and data reflected in the Contract Documents with respect to

Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, neither the Owner nor the Engineer assumes responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary

Conditions.

Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 5.03 and 5.04 of the General Conditions.

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

Documents.

On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid.

Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such exploration.

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

The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Section 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the work.

mailto:jlicitra@cityofithaca.org

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5. INTERPRETATIONS AND ADDENDA

All questions about the meaning or intent of the Contract Documents are to be directed to Engineer in writing. Written notification shall be made to Johnathan Licitra, 108 East State Street, Ithaca, NY 14850 or emailed to jlicitra@cityofithaca.org. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda and will be posted to the website noted in Section 2 not less than 2 business days before the Bid due date. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. It is the Bidder’s responsibility to check the website before submitting the Bid to see if any Addenda have been posted.

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

6. BID SECURITY

Each bid must be accompanied by a Bid security made payable to Owner in the amount of five percent (5%) of the Bidders maximum bid price and in the form of a certified or bank check or a bid bond issued by a surety meeting the requirements of Section 6 of the General Conditions.

The bid security of the successful Bidder will be retained until such Bidder has executed the agreement and has furnished the required contract security, whereupon the bid security will be returned. If the successful Bidder fails to execute and deliver the agreement and furnish the required contract security within fifteen days after the Notice of Award, the Owner may annul the Notice of Award and the bid security of that Bidder will be forfeited. The bid security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of the seventh day after the effective date of the agreement or the forty-sixth day after the bid opening, whereupon the bid security furnished by such Bidders will be returned. Bid security with bids which are not competitive will be returned within seven days after the bid opening.

7. CONTRACT TIME

Time is of the essence. If the Bid is accepted, the work under this contract shall be substantially complete within 360 consecutive calendar days of the date fixed in the Notice to Proceed. The work shall be then completed and ready for final payment within 390 days of the date fixed in the Notice to Proceed in accordance with Article 15 of the General Conditions.

8. LIQUIDATED DAMAGES

Provisions for liquidated damages are set forth in the Agreement.

9. “OR-EQUAL” OR SUBSTITUTE ITEMS

The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible “or-equal” or substitute items of material or equipment. Application for acceptance of an “or-equal” or substitute may be furnished to the Engineer for consideration after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Article 7 of the

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General Conditions and Supplementary Conditions.

10. SUBCONTRACTORS, SUPPLIERS AND OTHERS

10.1 If the Supplemental Conditions require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven days after the Bid opening submit to Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may before the Notice of Award is given request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price.

If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractor, Supplier, and other persons and organizations. Declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 7.06 of the General Conditions.

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

11. BID FORM

11.1 The Bid Form is included with the Contract Documents; additional copies may be obtained from Engineer or Owner.

11.2 All blanks on the Bid Form must be completed in ink or by typewriter and must be 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 section, Bid item, alternative, adjustment unit price item, and unit price item listed therein. In the case of optional alternatives, the words, “No Bid,” “No Change,” or “Not Applicable” may be entered.

11.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature, accompanied by evidence of authority to sign. The official address of the partnership must be shown below the

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signature.

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

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

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

11.8 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

12. SUBMISSION OF BIDS

Bids shall be submitted at the time and place indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation “BID ENCLOSED” on the face of it.

13. BASIS OF BID; COMPARISON OF BIDS

Bidders shall submit a Bid on a unit price basis for each item of Work in the Bid schedule. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. In the best interests of the project, Owner reserves the right to consider or disregard proposed pricing of any alternates in determining the lowest responsible bid; furthermore, Owner may adjust the estimated quantities at any time in the project and the Contract Price will be adjusted accordingly. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

The Award of contract shall be based on a comparison of the Bid and the authorized budget for the Work. If the Bid exceeds the authorized budget, the Owner reserves the right to not award the contract.

14. MODIFICATION AND WITHDRAWAL OF BIDS

14.1 Bids may be modified or withdrawn by an appropriate document duly executed

(in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

14.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the

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Work to be provided under the Contract Documents.

15. OPENING OF BIDS

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

16. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

All bids will remain subject to acceptance for forty-five days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date.

17. AWARD OF CONTRACT

17.1 Owner reserves the right to reject any and all Bids without limitation, to waive any and all informalities not involving price, time or changes in the work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner.

17.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

17.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions.

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

17.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner’s satisfaction within the prescribed time.

17.5 The quantities of units given in the Bid are estimates only. Owner reserves the right to revise the estimated quantities at any time. If the contract is to be awarded, it will be awarded to the lowest responsible Bidder who offers the lowest cost on the basis of the sum of the estimated quantities required for the project and the unit prices submitted by the Bidder, if accepted, where evaluation by the Owner indicates to the Owner that award will be in the best interest of the project.

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

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17.7 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

18. CONTRACT SECURITY AND INSURANCE

Article 6 of the General Conditions and the Supplementary Conditions set forth

Owner’s requirements as to performance and payment Bonds 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 certificates.

19. SIGNING OF AGREEMENT

When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the agreement with all other written Contract Documents attached. Within seven calendar days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within seven days thereafter Owner shall deliver one fully signed counterpart to the Contractor.

Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification.

20. SALES AND USE TAXES

The City of Ithaca is exempt from Federal, State and local taxes. A tax exempt form will be issued by the Owner upon execution of the contract.

21. RETAINAGE

Provisions concerning retainage and Contractor’s rights to deposit securities in lieu of retainage are set forth in the Agreement.

22. EQUAL OPPORTUNITY CLAUSE

In accordance with the laws of the State of New York and ordinances of the CITY OF

ITHACA, the Contractor shall not discriminate against any employee, applicant for employment, sub-contractor, supplier of materials or services, or program participant because of actual or perceived: age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height;

immigration or citizenship status; marital status; military status; national origin;

predisposing genetic characteristics; race; religion; sex; sexual orientation;

socioeconomic status; or weight.

23. NON-COLLUSIVE CERTIFICATION AND ELIGIBILITY CERTIFICATIONS

Bids shall be accompanied by the Non-Collusive and Eligibility Certifications.

24. PREVAILING WAGES

This is a prevailing wage contract. Bidder attention is directed to the Supplementary

Conditions. A certified payroll is required in this contract.

25. RESPONSIBILITY DETERMINATIONS

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25.1 GUIDELINES

In deliberating upon the responsibility of the Bidder or a subcontractor, the Owner shall give due consideration to any credible evidence or reliable information that the past or current record of a Bidder or proposed contractor includes any of the following:

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

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

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

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

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

25.1.6 Any criminal conduct involving violations of the Environmental Conservation

Law or other federal, state or city environment statutes or repeated or significant civil violations of federal, state or city environmental statutes or regulations.

25.1.7 The failure of a Bidder or contractor to demonstrate good-faith efforts to comply with applicable federal, state or city statutes and regulations requiring efforts to solicit and utilize minority-owned and women-owned business enterprises and disadvantaged business enterprises as potential subcontractors, in connection with a pending bid for the performance of a federal-aid or state- or city-funded or assisted project subject to such statutory and regulatory requirements.

25.1.8 The failure of a Bidder, contractor or proposed subcontractor to comply with federal, state or city statutes or regulations requiring the hiring, training and employment of persons presumed to be disadvantaged in accordance with federal, 2021 WALKABLE ITHACA: GILES ST. SIDEWALK

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state, or city definitions to meet federal, state and city equal employment opportunity requirements.

25.1.9 Submission of a bid that is mathematically or materially unbalanced.

25.1.10 The submission of a bid which is so much lower than the Owner’s engineers’ estimate for the cost of, or anticipated bids for, the contract that it appears unlikely that the Bidder will be able to perform the contract satisfactorily at the price bid.

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

25.1.12 The failure to offer for purchase, provide, or otherwise use products and services that have lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose, or that are not in compliance with the City of Ithaca Environmentally Preferable Purchasing policy guidelines.

25.1.13 In addition to the factors specified above, the Owner may also give due consideration to any other factors consideration by the contracting agencies to bear upon responsibility, including but not limited to any mitigating factor brought to the Owners’ attention by the Bidder or proposed subcontractor.

26. ESTIMATED QUANTITIES

The Bidder agrees that the estimated quantities given in the bid are only for the purpose of comparing bids and that the Bidder is satisfied with and will at no time dispute the estimates as a means of comparing the aforesaid bids, that the Bidder will make no claim for loss of profits or anticipated profits because of any difference between the estimated quantities and the quantities of the various classes of work actually furnished or performed, that the Owner not be held responsible if any of the estimated quantities should be found to not even approximate those actually measured during performance of the work, and at any time the Owner may direct an increase, decrease or omission of the quantities of any class or part of the work as may be deemed necessary or desirable.

In the event of an overrun and/or underrun in the estimated unit price quantities contained in the bid, the unit price of that respective item will be used for payment.

27. PUBLIC NOTIFICATION

Bidder’s attention is directed to Section 2.03 of the Supplementary Conditions and

Paragraph 1.26 of Section 10000, General Specifications, which contain owner’s requirements for the Contractor to notify residents of properties adjacent to the Work about impending work using a form provided by the Owner.

28. TREE PERMIT

In accordance with Ithaca City Code, the Successful Bidder must submit for tree permits when City-owned trees are adjacent to the Work. The Contractor selected for this project will be required to coordinate with the City Forester to ensure that project

2021 WALKABLE ITHACA: GILES ST. SIDEWALK

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excavation and construction takes into account tree health and quality.

29. NYSDOT WORK PERMITS

It is the contractor’s responsibility to obtain NYSDOT Highway Work Permits for sidewalk work initiated on New York State owned roadways.

SECTION 00400

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BID FORM

PROPOSAL OF:

(hereinafter called "Bidder"), organized and existing under the laws of the State of

____________________ doing business as (a corporation) (a partnership) (an individual), to the

City of Ithaca (hereinafter called "Owner").

In compliance with your Advertisement for Bids, Bidder hereby proposes to perform all work necessary for the completion of the “2021 WALKABLE ITHACA: GILES ST. SIDEWALK” in conformance with the Contract Documents within the time frame set forth and at the prices stated below.

By submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to his own organization, that this Bid has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this Bid with any other

Bidder or with any competitor.

The Bidder’s attention is called to:

a. The fact that weather is always a consideration and it is reasonable to expect there may be significant periods of sub-freezing temperatures, high water flows, and precipitation during construction. Requests to extend the Contract Time or claims for delays in completion due in part or in whole to weather conditions will not be considered.

b. The fact this project is of limited construction duration and requires an expedited construction schedule for completion after award.

c. It is reasonable to expect material manufacturers may have limited production capacity and schedule opportunities. Requests to extend the Contract Time or claims for delays in completion due in part or in whole to providing the specified materials shall not be considered.

d. Bidder shall put forth the necessary level of effort required to achieve the substantial completion date and to complete all Work within the specified Contract Time, and shall include the costs of this effort in the Bid.

e. Liquidated damages are included in this Contract. In addition, restoration activities (asphalt repair, topsoil, turf establishment, etc.) must occur within 2 weeks after concrete placement has been completed within a given 500 ft section. Failure to coordinate restoration activities within 2 weeks of final concrete placement will result in contract deductions of $200/day per

500 ft section.

f. Owner is tax exempt. Upon request, Owner will provide a copy of form ST-120.1 from the

NYS Department of Taxation and Finance.

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g. The Owner reserves the right to adjust the estimated quantities at any time in the project and the Contract Price will be adjusted accordingly. If the Contract is to be awarded, it will be awarded to the lowest responsive/responsible Bidder who demonstrates the work experience and project management qualifications, meets all the terms of the Contract Documents, and offers the lowest cost on the basis of the sum of the Base Bid, the Alternate if accepted, where evaluation by the Owner indicates to the Owner that award will be in the best interest of the project.

h. Final payment or release of retainage will be made to the Contractor upon completion of all services, submission of reports, as-built drawings, bonds, guarantees and approval of same by the Owner.

i. Upon award of the Contract, the Contractor shall create a recommended schedule to complete all work listed in the Contract Documents. Such plan shall be finalized and approved by the City at the initial project meeting.

Bidder hereby agrees to commence work under this contract in accordance Article 4- Contract

Time and Performance of the Agreement, with completion in accordance with the Contract Term limits specified: Substantial Completion within 360 consecutive calendar days of the date fixed in the Notice to Proceed, and ready for final acceptance and payment within 390 days of the date fixed in the Notice to Proceed.

Upon award of the contract, the Contractor shall schedule the Work within the period of time between the Notice to Proceed and the completion dates referenced. The Contractor shall be expected to put forth the necessary level of effort required to achieve the completion dates so established and shall include the costs of this effort in the Bid.

In accordance with the Article 4 of the Agreement, the Contractor shall pay liquidated damages for each day after the substantial completion date that Contractor requires to achieve substantial completion of the work. Damages shall continue to be assessed until, in the opinion of the Owner, the project is ready for its intended use. The Contractor shall pay liquidated damages for each day after the final completion date the Contractor requires to achieve final completion. Owner may assess damages for Contractor’s failure to complete the Work.

The Bidder shall submit a Unit Price Bid for all the work included in this Contract. On the following pages, the Bidder shall break down the Unit Price Bid by each item listing the unit bid price and extension by which the Bidder arrived at the Unit Price Bid. These items are estimated quantities provided to the Bidder and are to be considered approximate only. The Owner does not expressly or by implication agree the actual quantities will correspond therewith and reserves the right to evaluate the bids on the basis of including or not including any alternates as part of the bid, and Owner reserves the right to increase or decrease any quantity or to eliminate any quantity as the Owner may deem necessary.

The Owner will award the contract for the proposed improvements to the Bidder submitting the lowest acceptable bid in accordance with the Contract Documents.

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SECTION 0410

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SUPPLEMENTAL A

BID PROPOSAL

PROJECT IDENTIFICATION: 2021 WALKABLE ITHACA: GILES ST. SIDEWALK

THIS BID IS SUBMITTED TO: City of Ithaca Department of Public Works

108 East Green Street Ithaca, New York 14850

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. BIDDER accepts all of the terms and conditions of the Advertisement for Bids, the Instructions to Bidders, and supplements, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for forty-five days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds, proof of insurance, and other documents required by the Bidding Requirements as indicated in the Instruction to Bidders.

3. In submitting this Bid, BIDDER represents and certifies, as more fully set forth in the Agreement, that:

a. BIDDER has examined copies of all the Contract Documents and of the following addenda, receipt of all which is hereby acknowledged:

Addendum Date Addendum Number

b. BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

c. BIDDER has studied carefully all reports and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions; as provided in paragraph 5.03 of the General Conditions.

d. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, 2021 WALKABLE ITHACA: GILES ST. SIDEWALK

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explorations, tests and studies (in addition to or to supplement those referred to in

(C) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Document, including specifically the provisions of paragraph 5.03 of the General Conditions; and no additional examinations, investigations, exploration, test, reports or similar information or data are, or will be required by BIDDER for such purposes.

e. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, test, reports of similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 5.05 of the General Conditions.

f. BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.

g. BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER.

h. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation;

BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over

OWNER.

4. BIDDER agrees that the work under this contract shall be substantially complete within 360 consecutive calendar days of the date fixed in the NOTICE TO PROCEED if the Bid is awarded. The work shall be completed and ready for final payment within 390 days of the date fixed in the Notice to Proceed if the Bid is awarded, in accordance with Article 15 of the General Conditions. The BIDDER accepts the provisions of the Agreement as to liquidated damages.

2021 WALKABLE ITHACA: GILES ST. SIDEWALK

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The following documents are submitted with and made a condition of this Bid:

a. Unit Price Proposal (included within this Supplement A);

b. Required Bid security as outlined in Instructions to Bidders (Supplement B);

c. Required Bidder’s Qualification Statement (Supplement C);

d. Non-Collusive Bidding Certification (Supplement D);

e. Indemnification Statement (Supplement E).

f. List of Sub-Contractors & Suppliers (Supplement F)

g. Iran Divestment Act Certification (Supplement G).

h. NYS DEC MWBE Responsibilities & Requirements; and Utilization Plan (Supplement H);

i. Sexual Harassment Prevention Certification (Supplement I).

5. Estimated Quantities and Bid Item Description

a. The Bidder agrees that the estimated quantities given in the bid are only for the purpose of comparing bids and that the Bidder is satisfied with and will at no time dispute the estimates as a means of comparing the aforesaid bids, that the Bidder will make no claim for loss of profits or anticipated profits because of any difference between the estimated quantities and the quantities of the various classes of work actually furnished or performed, that the Owner not be held responsible if any of the estimated quantities should be found to not even approximate those actually measured during performance of the work, and the engineer may direct an increase, decrease or omission of the quantities of any class or part of the work as may be deemed necessary or desirable. The Bidder is advised that in the event of an overrun and/or underrun in the estimated unit price quantities contained in the bid, the unit price of that respective item will be used for payment.

b. Bidder shall complete the Work in accordance with the Contract

Documents for the 2021 WALKABLE ITHACA: GILES ST.

SIDEWALK on, or before, the dates specified in the Contract Documents for the Unit Prices listed on attached document, Unit Price Proposal, and for the total estimated Base Bid sum of:

Construction Contract Total Estimated Cost:

$___________________ (numbers)

Construction Contract Total Estimated Cost in Words (Unit Price)

2021 WALKABLE ITHACA: GILES ST. SIDEWALK

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This Bid is submitted by:

If BIDDER is: An individual

By______________________________________________________________

(Individual’s Signature)

Name (typed or printed): ___________________________________________

Doing business as:_____________________________________

If BIDDER is: A Partnership by___________________________________________________________

(Partnership Name)

(Signature of General Partner – attach evidence of authority to sign)

Name (typed or printed): __________________________________________

If BIDDER is: A Corporation by__________________________________________________

(Corporation Name) (Seal)

(State of Incorporation) by _________________________________________________

(Signature – attach evidence of authority to sign)

Name (typed or printed): _________________________________

(Title) (Corporate Seal)

Attest_______________________________________________

(Secret…