Technical English at WizIQ
by
St. George’s Academy of
Dragon Slaying and Spoken English
www.myESLfriends.com
instructions to bidders
1. Defined Terms
Terms used in these Instructions to Bidders, which are defined in the General Conditions, have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below, which are applicable to both the singular and plural thereof.
1.1 Bidder - One who submits a Bid directly to Owner as distinct from a sub-bidder, who submits a bid to a Bidder.
1.2 Issuing Office - The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.
1.3 Successful Bidder - The Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.
2. Copies of Bidding Documents
2.1 Complete sets of the Bidding Documents may be obtained as stated in the Advertisement.
2.2 Complete sets of Bidding Documents shall 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.
2.3 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 must be prepared to submit within five days of Owner's request, written evidence, such as financial data, previous experience, present commitments, equipment manufacturers to be used, subcontractors, superintendent, project manager and other pertinent information. 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.
4. Examination of Contract Documents and Site
4.1 It is the responsibility of each Bidder before submitting a Bid:
4.1.1 To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to below);
4.1.2 To visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work;
4.1.3 To consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work;
4.1.4 To study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; and
4.1.5 To promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies, which Bidder has discovered in or between the Contract Documents and such other related documents.
4.2 Reference is made to the Supplementary Conditions for identification of:
4.2.1 Those reports of explorations and tests of subsurface conditions at or contiguous to the site, which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the technical data contained in such reports but not upon other data, interpretations, opinions, or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction.
4.2.2 Those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction.
4.2.3 Copies of such reports and drawings may be examined by any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.2 of the General Conditions has been identified and established in Paragraph SC-4.2 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information.
4.3 Information and data shown or indicated 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, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.
4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or anticipated conditions appear in Paragraphs 4.2 and 4.3 of the General Conditions.
4.5 Before submitting a Bid, each Bidder will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface, and Under-ground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.
4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former condition upon completion of such explorations, investigations, tests and studies.
4.7 Reference is made to the Supplementary Conditions for the identification of the general nature of work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such work.
4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) 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 is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.
4.9 The provisions of 4.1 through 4.8, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.5 of the General Conditions.
5. Availability of Lands for Works, etc.
The lands upon which the Work is to be performed, rights-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, construction equipment, or storage of materials and equipment to be incorporated in the Work 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.
6. Interpretations and Addenda
6.1 All questions about the meaning or intent of the Bidding Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda, mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. 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.
6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer.
7. Bid Security
7.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount stated in the Advertisement and in the form of a certified or bank check or a Bid Bond (on form attached) issued by a Surety meeting the requirements of Paragraph 5.1 of the General Conditions.
7.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security, and met the other conditions of the Notice of Award, 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, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the time specified in the Advertisement for Bids, whereupon 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.
8. Contract Time
The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the term "Contract Times" is defined in Paragraph 1.12 of the General Conditions) are set forth in the Agreement (or incorporated therein by reference to the attached Bid Form).
9. Liquidated Damages
Provisions for liquidated damages, if any, are set forth in the Agreement.
10. Substitute and "Or-Equal" Items
The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submittal of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7.1., 6.7.2., and 6.7.3. of the General Conditions and may be supplemented in the General Requirements.
11. Subcontractors, Suppliers, and Others
11.1 If the Supplementary 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 five 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 who after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person, or organization, may before the Notice of Award is given request apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations. The declining to make requested substitution 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 Agreement as provided in Paragraph 6.8.2 of the General Conditions.
11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person, or organization against whom Contractor has reasonable objection.
12. Bid Form
12.1 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Engineer (or Issuing Office).
12.2 All blanks on the Bid Form must be completed by printing in ink or by typewriter. The Bid price of each item on the form must be stated in words and numerals. In case of a conflict, words will take precedence.
12.3 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.
12.4 Bids by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature, and official address of the partnership must be shown below the signature.
12.5 All names must be typed or printed in blue ink below the signature.
12.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).
12.7 The address and telephone number for communications regarding the Bid must be shown.
12.8 Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with Paragraph 3 above. State contractor license number, if any, must also be shown.
12.9 In all unit price items, the Bidder shall fill in the unit price bid for each item and in addition thereto make an extension based on the estimated quantities.
13. Submission of Bids
Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid 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) marked “Bid Enclosed” and name and address of 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 opaque envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it.
14. Modification and Withdrawal of Bids
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.
15. Opening of Bids
Bids will be opened and (unless obviously non-responsive) read aloud publicly at the place where Bids are to be submitted. 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 shall remain subject to acceptance for the time stated in the Advertisement, 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, 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. The Owner reserves the right to waive any and all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. 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.
17.2 In evaluating Bids, Owners will consider the qualifications of the Bidder, 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 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 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 If the Contract is to be awarded, it will be awarded to the lowest responsive, responsible Bidder and whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project.
17.5.1 Each bidder agrees to waive any claim it has or may have against the Owner, the Architect/Engineer, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any bid.
17.6 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within the time stated in the Advertisement after the day of the Bid opening.
18. Contract Security
Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by performance and other bonds as required.
19. Signing of Agreement
When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at least three unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen days thereafter Contractor shall sign and deliver at least three counterparts of the Agreement and attached documents to Owner with the required Bonds. Within fifteen days thereafter, Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification.
20. Retainage
Provisions concerning retainage are set forth in the Agreement.
21. Wage Rates
The Bidder to whom the Contract is awarded will be required to pay as a minimum, the common construction wages, if established for this project and included in the Bid Documents. The Common Construction Wage Rates, if established for this project, are included in the Additional Supplementary Conditions or by Addendum.
22. N/A
23. Indiana Revised Form 96
23.1 Each Bidder shall submit State of Indiana, Revised Form 96 with and as part of their Bid.
24. Confined Space Program
24.1 The successful Bidder will be required to sign the City of Carmel’s Confined Space Requirement Acknowledgement form included in the Contract Documents.
25. Each
26. The Bid, Performance and Payment Bond forms included in the Bid Documents must be used by the Bidder/Contractor for the respective bonds.
A pre-bid meeting will be held on September 23. 2009 at 10:00am on the project site at the SE corner of Gray Road & 106th St., Carmel, Indiana.
BID PROPOSAL SUMMARY PAGE
Complete the following information and place as the cover page to your bid packet. Insert all documents into an envelope with project named and your company name clearly marked on the outside. SEAL THE ENVELOPE.
(Complete the Alternate Bids, if applicable)
COMPANY
Project Name: Site Preparation for Water Treatment Plant No. 1, Contract 76 Date Submitted: Base Bid Amount: Alternate 1 Bid Amount: Alternate 2 Bid Amount: Alternate 3 Bid Amount: Alternate 4 Bid Amount: Alternate 5 Bid Amount: Alternate 6 Bid Amount: