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HomeMy WebLinkAbout0090 00000C Bid Documents (Add 2 Spec)Monon Community Center Entrance and Fitness Expansion Project ITB-7 Carmel/Clay Board of Parks and Recreation 2014-060 Instructions to Bidders delivered after the designated time in the Notice To Bidders will be returned to the Bidder unopened. 6.2. All Bid Documents as herein prescribed must be submitted with, and as integral parts of, each Bid Submission and shall be subject to all requirements of the Contract Documents, including drawings and these Instructions To Bidders. Bid Documents must be properly filled in and completed in every material respect and without interlineations, excisions, special conditions, qualifications or exceptions. Each Bid Document requiring a signature shall be signed by an individual duly authorized to execute such document on Bidder’s behalf. A Bid executed by a corporation, joint venture, or other entity with an assumed name shall have the legal and correct name thereof followed by the word “by” and the signature and title of the officer or other person authorized to sign for it and a corporate resolution or similar document authorizing such person to bind the entity. 6.3. The Bid Documents to be thus submitted by each Bidder shall consist of all of the following (6.3.1, 6.3.2 and 6.3.3): 6.3.1. Bidder’s Itemized Proposal and Declarations. A sample of this form is included in the Project Manual and must be utilized by all Bidders. Such document includes and consists of the following constituent “Parts”: Request for Substitution Bid Proposal Summary Page and Bidder Reminder List to be included in Bid Package Part 1 - Bidder Information; Part 2 - Proposal (Bid); Part 3 - Contract Items and Unit Prices; Part 4 - Contract Documents and Addenda; Part 5 - Exceptions; Part 6 - Financial Statement (Revised 2013 State Form 96); Part 7 - Additional Declarations; Part 8 - Non-Collusion Affidavit; Part 9 - IRAN Certification; Part 10 - Non-Discrimination Affidavit; Part 11 - Domestic Steel Affidavit; Part 12 - E-Verify Affidavit; Part 13 - Signature Affidavit. POST Bid Submittal Requirements Manufacturers List; Subcontractors List; Monon Community Center Entrance and Fitness Expansion Project ITB-8 Carmel/Clay Board of Parks and Recreation 2014-060 Instructions to Bidders Certificate of Insurance; Surety Letter of Intent; and Joint Venture Agreement (if applicable). 6.3.2. Bid Security in the form of a Bid Bond or Certified Check in an amount not less than ten percent (10%) of the Bid price. Such Bid Security shall serve as security to insure the execution of the Agreement and the furnishing of other required documents by the successful Bidder, including Performance and Payment Bonds. A sample Bid Bond form is included in the Project Manual and such form, or such other form as may be approved in advance by Owner, shall be utilized if such a bond is furnished as Bid Security. A Bid Bond shall be executed by a surety company licensed to transact such business in the State of Indiana and qualified as a surety under the underwriting limitations on the current list of “Surety Companies Acceptable on Federal Bonds,” as published in the U.S. Treasury Department Circular No. 570 and its supplements; the Bidder shall also furnish as part of the Bid Submission a signed power of attorney establishing the authority of the person executing such Bid Bond on behalf of the surety. Bid Security shall be held until the Agreement is executed with the successful Bidder. In the event that all Bids are rejected, the Bid Security of all Bidders will be returned. No “Annual” Bid bonds, cash deposits or cashiers’ checks will be accepted. 6.3.3. Drug Plan. Consistent with Section 12, each Bidder shall submit with and as a part of their Bid that results in a contract equal to or more than One Hundred Fifty Thousand and no/100’s Dollars ($150,000), a written plan for a program to test the Bidder’s employees for drugs consistent with Indiana Code § 4-13-18-1 through Indiana Code § 4-13-18-7. 6.4. Bids may be withdrawn by a Bidder in person during normal hours of business prior to the time fixed for opening of Bids. In the event of a valid withdrawal of a Bid, the Bid Security of the withdrawing Bidder will be returned promptly. No Bid may be withdrawn after opening of Bids has commenced except after expiration of such period following the Bid Date as is specifically provided in the Notice To Bidders or as otherwise governed by law. 6.5. Bids will be received up to the time specified in the Notice To Bidders except in the event that the date is changed as allowed under Indiana Code § 36-1-12-4. Bids received after that time will be returned unopened. All Bids will be stamped showing the date and time received. 7. POST-BID REQUIREMENTS Within three (3) business days of notification by Owner, the apparent lowest responsive Bidder will be required to submit additional Documents and satisfy additional requirements as conditions to such Bidder being found by the Owner to be a responsible Bidder, as follows: 7.1. Proof of Insurability. The Bidder shall furnish: (1) proof of insurance showing existing coverage in accordance with the terms and amounts stated in the Standard General Conditions, or (2) a letter or statement certifying that, in the Monon Community Center Entrance and Fitness Expansion Project ITB-9 Carmel/Clay Board of Parks and Recreation 2014-060 Instructions to Bidders event that the Bid is awarded by the Owner, an insurance company will provide the required coverage to the Bidder submitting the Bid. Such proof of insurance or the letter/statement shall be issued by a financially responsible insurance company authorized to do business in the State of Indiana with at least the minimum rating as set forth in the Standard General Conditions. 7.2. Surety Letter of Intent. The Bidder shall furnish a written statement or letter from a Surety company licensed to transact such business in the State of Indiana and qualified as a surety under the underwriting limitations on the current list of “Surety Companies Acceptable on Federal Bonds”, as published in U.S. Treasury Department Circular No. 570 which assures the Owner that, in the event the Bid is accepted and a Contract is awarded by Owner, said Surety will execute and deliver both a Performance Bond and Payment Bond as required by the Contract Documents. 7.3. Joint Venture Agreement. If the Bidder is a joint venture, partnership or other combination of two or more persons or entities, the Bidder shall submit a copy of the joint venture or other Agreement by which such joint venture, partnership or other association has been formed, executed by all such participating persons or entities. If the Bid is signed by less than all parties that comprise the Bidder, suitable written evidence of the authority of such signing party to bind all such parties must also be furnished. 7.4. Manufacturers List. The Bidder shall submit a completed Manufacturers list on the form provided in these Bid Documents. 7.5. Subcontractors List. The Bidder shall submit a completed Subcontractors list on the form provided in these Bid Documents. 8. BID EVALUATION AND AWARD 8.1. Owner reserves the right to reject any and all Bids, including without limitation the rights to reject any and all nonconforming, non-responsive, unbalanced or conditional Bids and 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 the Owner. Discrepancies in 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. Discrepancies between words and figures will be resolved in favor of words. 8.2. Award of the Contract will be made to the lowest, responsible and responsive Bidder where the Bid is reasonable and does not exceed the funds available for the Project. The Owner reserves the right to reject all Bids and may waive or allow a Bidder to correct errors, omissions or other irregularities in Bid Documents consistent with applicable law and that are found not to have afforded the Bidder a material competitive advantage over other Bidders. Monon Community Center Entrance and Fitness Expansion Project ITB-10 Carmel/Clay Board of Parks and Recreation 2014-060 Instructions to Bidders 8.2.1. Owner shall have the right to accept Alternates in any order or combination or accept on the basis of the Base Bid alone and to determine the lowest responsible and responsive Bidder on the basis of the sum of the Base Bid and Alternates accepted. 8.3. The Owner shall have the right to reject any Bid if investigation of the Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations and complete the Work. Any or all Bids will be rejected if there is reason to believe that collusion exists among Bidders. 8.4. 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 and other persons and organizations must be submitted as provided in the Standard General 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 Notice Of Award. 8.5. For Contract Items and Unit Prices, estimated quantities and unit prices will serve as the basis for determining the proposed price of each Bid. Patent math errors in statements of Unit Prices or Totals may be corrected by the Owner or Architect/Engineer, in which case the corrected amounts will be used for the purpose of Bid evaluation, comparison and other award considerations. However, neither the Owner nor the Architect/Engineer shall be required to discover or correct any error or omission in a Bid and the Bidder shall assume the risk of and be bound to the consequences of any such error or omission. 8.6. The Owner may, at its sole option, award the Contract to a Bidder on a conditional basis to afford the Bidder additional time and opportunity to submit required documents or to fulfill other requirements. In such case, the Owner will furnish to the Bidder a notice of conditional award, which will establish (i) the additional conditions to be fulfilled for the award to become effective, and (ii) the time limit within which such conditions shall be satisfied. If the Bidder fails to satisfy the conditions in the manner and within the time specified in such notice, the Owner may declare such Bidder to be non-responsive and award the Contract, conditionally or unconditionally, to another Bidder. Time limitations governing the Owner’s award of the Contract shall be extended for such additional period as may be required to effectuate the conditional award procedure set forth in this Sub- section, and no Bid may be withdrawn during such period of extension. 8.7. If the Contract is to be awarded, Owner will give the Successful Bidder a Notice Of Award as soon as practicable after the Bid Date. 9. NOTICE OF AWARD AND AWARD PROCEDURE 9.1. Prior to execution of the Agreement, the Owner will issue to the successful Bidder a Notice Of Award stating that its Bid was the lowest responsible and responsive Bid and that the enclosed Agreement is submitted for execution without further negotiation. If the successful bidder finds it in accordance with the Contract Monon Community Center Entrance and Fitness Expansion Project ITB-11 Carmel/Clay Board of Parks and Recreation 2014-060 Instructions to Bidders Documents, it is to be returned to the Owner by certified mail or in person within six (6) calendar days after receipt for further execution (but not later than ten (10) days after the acceptance of the Bid). Failure to fully execute the proper Agreement and furnish the ancillary documents shall constitute reason for surrender of the Bid Bond or certified check. 10. CONTRACT EXECUTION; SUBMITTALS 10.1. Within six (6) calendar days after the award notice, but no later than ten (10) days after the acceptance of the Bid, the successful Bidder shall sign and deliver at least two (2) counterparts of the Agreement with original signatures and only one (1) Agreement with original signatures if the Bidder is satisfied with a copy thereof, utilizing the form thereof included in the Project Manual and make delivery thereof to the Owner, along with other Documents as prescribed by the Contract Documents. After execution and delivery of the Agreement and other required Documents, and acceptance thereof by the Owner, the Bid Security furnished by each Bidder will be returned to the respective Bidders upon request. The successful Bidder may deliver directly to Owner and/or through the Architect/Engineer, an electronic copy of the signed Agreement to evidence a good faith effort to meet the six (6) or ten (10) day requirement, prior to delivery of the duplicate originals. 10.2. If the Bidder fails or neglects to execute and deliver the Agreement and other required documents as prescribed herein, the Bidder may be deemed to have repudiated the Agreement and upon notice from the Owner to that effect, the award shall be null and void; and the Bid Security provided by the Bidder shall be forfeited to and retained by the Owner as damages for such failure of the Bidder to execute the Agreement, it being understood and agreed that the character and amount of actual damages sustained by the Owner cannot reliably be ascertained and measured and that the amount of the Bid Security is intended as a reasonable prospective estimate of such actual damages. 10.3. Concurrently with the execution and delivery of the Agreement to the Owner, or within such other period as the Owner may prescribe, the successful Bidder (CONTRACTOR) shall submit the following as conditions to the Bidder’s right to proceed with and receive payment for any Work: 10.3.1.A complete list of all Subcontractors and Manufacturers to be used on the Project for the Work; 10.3.2.A one hundred percent (100%) Performance Bond and a one hundred percent (100%) Payment Bond as prescribed by the Standard General Conditions or other Contract Documents. Such bonds shall be executed utilizing the sample forms included in the Project Manual or alternative forms approved in advance by the Owner containing the language required by applicable state law. Indemnification clauses between successful Bidder and the Surety shall not be binding upon the Owner; 10.3.3.The preliminary schedules required by the Standard General Conditions; and Monon Community Center Entrance and Fitness Expansion Project ITB-12 Carmel/Clay Board of Parks and Recreation 2014-060 Instructions to Bidders 10.3.4.Other post-Bid submittals required by the Contract Documents. 10.4. The Maintenance Bond form required after Final Completion is at MB-1 in the Project Manual. 11. INDIANA REVISED 2013 FORM 96 Each Bidder shall submit with and as a part of their Bid, a completed State Board of Accounts Prescribed, Form 96 (last revised 2013). 12. DRUG PLAN For contracts that equal or exceed One Hundred Fifty Thousand and no/100’s Dollars ($150,000), contractors of any tier must be in compliance with Indiana Code § 4-13-18-1 through Indiana Code § 4-13-18-7 (Drug Testing of Employees on Public Works Contracts). Each Bidder shall submit with and as a part of their Bid that results in a contract equal to or more than One Hundred Fifty Thousand and no/100’s Dollars ($150,000), a written plan for a program to test the Bidder’s employees for drugs consistent with Indiana Code § 4-13-18-1 through Indiana Code § 4-13-18-7. 13. EARLY PERFORMANCE COMPENSATION – SUPERIOR TIME MANAGEMENT ALLOWANCE 13.1 Pursuant to Indiana Code § 5-22-17-6, the Contract Documents provide for the payment of early performance compensation referred to as a Superior Time Management Allowance and for a compensation deduction referred to as liquidated damages in the event of unexcused failure by the CONTRACTOR to complete the Work within the time required by the Contract Documents. 14. LIQUIDATED DAMAGES 14.1 Time is of the essence regarding timely completion of the Project due to the nature of Owner’s operations at Central Park. Failure to meet the dates set forth in Subsection 1.5.3 and/or Subsection 1.5.4 shall be considered a material breach of the Agreement unless such are extended by a fully approved and executed Change Order. Accordingly, the Contract Documents provide for the payment of Liquidated Damages in the event of unexcused failure by the CONTRACTOR to complete the Work within the time required by the Contract Documents. Unless Owner agrees otherwise, in the event that the any of the Substantial Completion Dates and/or Final Completion Dates set forth herein, are not met, Liquidated Damages shall be assessed until Final Completion as follows: 14.2 If Substantial Completion is not met as set forth in Subsection 1.5.4, it will be considered a material breach of the Agreement and Liquidated Damages will be assessed in the amount of One Thousand Three Hundred and no/100’s Dollars ($1,300.00) per day until Substantial Completion is met. In the event the Regular Substantial Completion Date is met and the Regular Final Completion Date is not met as set forth in Subsection 1.5.5, it will be considered a material breach of the Agreement and Liquidated Damages shall be assessed in the amount of One Thousand Five Hundred and no/100’s Dollars ($1,500.00) per day until Final Completion is reached or Owner and Contractor otherwise agree.