THE BUFFALO AND FORT ERIE PUBLIC BRIDGE AUTHORITY

Transcription

1 THE BUFFALO AND FORT ERIE PUBLIC BRIDGE AUTHORITY SPECIFICATIONS AND PROPOSAL DOCUMENTS TO FURNISH LABOR, MATERIALS AND EQUIPMENT FOR PEACE BRIDGE UNITED STATES APPROACH WIDENING PHASE I JUNE, 2013 Prepared by: { Parsons Parsons Corporation 40 La Riviere Drive Buffalo, NY with CHA Consulting, Inc Main Place Tower Buffalo, NY 14202

2

3 SPECIFICATIONS PROJECT: TO FURNISH ALL LABOR, MATERIALS AND EQUIPMENT FOR THE PEACE BRIDGE UNITED STATES APPROACH WIDENING PHASE I TERMS AND CONDITIONS CONTRACTUAL AGREEMENTS Partial Contents: Part I Invitation for Proposals Section 1 Information to Bidders and Form of Agreement 1. Defined Terms.. ITB-1 2. Bids Received.... ITB-1 3. Location and Description of Project.. ITB-1 4. Copies of Bidding Documents.. ITB-1 5. Qualification of Bidders.... ITB-1 6. Examination of the Contract Documents and Site... ITB-2 7. Interpretations and Addenda. ITB-3 8. Bid Security.. ITB-3 9. Contract Time... ITB Liquidated Damages. ITB Substitute Material and Equipment... ITB Subcontractors and Others ITB Basis for Bids ITB Preparation of Bid.. ITB Submission of Bid. ITB Modification or Withdrawal of Bid.. ITB Opening of Bids ITB Disqualification of Bidders... ITB Bids to Remain Open.... ITB Award of Contract. ITB Bonds ITB Contractor s Insurance.. ITB Execution of Agreement... ITB Notice to Proceed.. ITB Special Requirements ITB-8 Form of Agreement.FOA-1 Section 2 Section 3 Section 4 Non-Collusive Bidding Certificate.NCB-1 Bid Form... BF-1 General Provisions... GP-I

4 Part II Detailed Specifications Section 1 Special Notes 1. Description of Work 2. Award 3. Bid Deposit 4. Performance and Payment Bond 5. Taxes, Duties 6. Contractor Personnel 7. Rates 8. Payments on Estimates 9. Duration of the Work 10. Itemized Proposal 11. Safety Codes and Regulations 12. Scaffolding, Platforms & Ladders 13. Permits 14. Plans 15. Reference to Standard Specifications 16. Working Hours 17. Planning and Scheduling 18. Inspection 19. Insurance 20. Construction Operations 21. Limitations on Contractor s Operations 22. Utilities 23. Convenience for Workmen 24. Signs 25. Parking 26. Environmental Policy Section 2 Special Specifications DIVISION 01 - GENERAL REQUIREMENTS Summary of Work Unit Prices Contract Modification Procedures Payment Procedures Submittals Engineer s Field Office and Equipment Traffic Maintenance and Protection Mobilization Closeout Procedures DIVISION 02 - SITEWORK Exploratory Excavations DIVISION 03 - CONCRETE Concrete Reinforcement Cast-In-Place Concrete

5 DIVISION 22 - PLUMBING Hangers, Supports and Anchors DIVISION 26 - ELECTRICAL Underground Ducts, Manholes/Handholes and Pullboxes Street Lighting Relocation DIVISION 27 - COMMUNICATIONS Optical Fiber Cables DIVISION 31 - EARTHWORK Geotextiles Site Clearing Excavation, Backfill and Compaction Trenching and Backfilling Erosion and Sediment Control DIVISION 32 EXTERIOR IMPROVEMENTS Pavement Resurfacing Subbase Courses Asphalt Paving Portland Cement Concrete Curbs Concrete Sidewalks Pavement Marking Soil Preparation Turf and Grasses DIVISION 33 - UTILITIES Manholes and Structures High Density Polyethylene Drainage Pipe Polyvinyl Chloride (PVC) Drainage Piping DIVISION 34 - TRANSPORTATION Traffic Signs Impact Attenuators - Permanent Section 3 Prevailing Wage Rates

6 Section 4 Drawings DWG. NO. CONTENT T-1 TITLE SHEET GP-1 GENERAL PLAN GN-1 INDEX OF DRAWINGS, ABBREVIATIONS AND PROJECT NOTES (1 OF 2) GN-2 INDEX OF DRAWINGS, ABBREVIATIONS AND PROJECT NOTES (2 OF 2) S-1 SURVEY CONTROL TCP-1 STAGE 2 TRAFFIC CONTROL PLAN (PIER C CONSTRUCTION) TCP-2 STAGE 3 (PARKING LOT CONSTRUCTION) TCP-3 STAGE 4 (PARKING LOT CONSTRUCTION) MT-1 MISCELLANEOUS TABLES MD-1 MISCELLANEOUS DETAILS (1 OF 5) MD-2 MISCELLANEOUS DETAILS (2 OF 5) MD-3 MISCELLANEOUS DETAILS (3 OF 5) MD-4 MISCELLANEOUS DETAILS (4 OF 5) MD-5 MISCELLANEOUS DETAILS (5 OF 5) DM-1 EXISTING DEMOLITION PLAN C-1 CURB AND PAVEMENT LAYOUT PLAN DG-1 DRAINAGE AND GRADING PLAN ULP-1 UTILITY AND LIGHTING PLAN SPM-1 SIGNING AND PAVEMENT MARKING PLAN SP-1 SUBSTRUCTURE PLAN SP-2 SUBSTRUCTURES - PIER C (1 OF 2) SP-3 SUBSTRUCTURES - PIER C (2 OF 2) SP-4 SUBSTRUCTURES - PIER D/ COLUMNS 3 AND 4 SP-5 SUBSTRUCTURES PIER E/ COLUMN 1 SP-6 SUBSTRUCTURES PIER E/ COLUMNS 2, 3 AND 4 (1 OF 3) SP-7 SUBSTRUCTURES PIER E/ COLUMNS 2, 3 AND 4 (2 OF 3) SP-8 SUBSTRUCTURES PIER E/ COLUMNS 2, 3 AND 4 (3 OF 3) SP-9 SUBSTRUCTURES PIER E/ COLUMN 5 SP-10 SUBSTRUCTURES PIER F/ COLUMNS 4 AND 5 SP-11 SUBSTRUCTURE GEOMETRY SP-12 SUBSTRUCTURES EXCAVATION DETAILS

7 INVITATION FOR PROPOSALS JUNE 28, 2013 FOR ALL PLANT, LABOR, MATERIALS, SERVICES, SUPPLIES, EQUIPMENT, TOOLS, TRANSPORTATION, AND OTHER FACILITIES AND ITEMS NECESSARY OR PROPER FOR THE PEACE BRIDGE UNITED STATES APPROACH WIDENING PHASE I. THE WORK UNDER THIS CONTRACT GENERALLY INCLUDES: CONSTRUCTION OF NEW FOOTINGS, MODIFICATION OF EXISTING FOOTINGS, PARKING LOT IMPROVEMENTS (EXPANSION, RESURFACING, DRAINAGE IMPROVEMENTS, RELOCATION OF UTILITIES AND NEW LIGHTING) AND REALIGNMENT OF BUSTI AVENUE; MISCELLANEOUS WORK AS DIRECTED BY THE ENGINEER AND ANY OTHER WORK OR MATERIALS REQUIRED TO COMPLETE THE TASKS AS INDICATED IN THE PLANS AND SPECIFICATIONS; ON THE UNITED STATES SIDE OF THE PEACE BRIDGE. NOTICE IS HEREBY GIVEN THAT RESPONSE TO THIS REQUEST FOR PROPOSAL, WITH ALL ORIGINAL SIGNED DOCUMENTS, IS DUE BEFORE 10:00 AM (EST) ON JULY 12, 2013 AT PARSONS, 40 LA RIVIERE DRIVE, BUFFALO, NEW YORK BIDS WILL BE OPENED AND READ AT THAT TIME. BIDS MUST BE ACCOMPANIED BY A CERTIFIED CHECK, BANK CASHIER S CHECK OR BID BOND IN AN AMOUNT NOT LESS THAN TEN PERCENT (10%) OF THE GROSS SUM BID. THE BUFFALO AND FORT ERIE PUBLIC BRIDGE AUTHORITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS, OR TO AWARD TO OTHER THAN THE LOW BIDDER, TO WAIVE MINOR INFORMALITIES, TO ADVERTISE FOR NEW BIDS, IF IN ITS SOLE OPINION, THE BEST INTEREST OF THE AUTHORITY WILL BE PROMOTED. A MANDATORY PRE-BID MEETING FOR ALL BIDDERS WILL BE HELD AT 9:00 A.M. LOCAL TIME ON WEDNESDAY, JULY 3, 2013, AT 1 PEACE BRIDGE PLAZA, BUFFALO, NY NO BIDDER MAY WITHDRAW HIS BID WITHIN FORTY-FIVE (45) DAYS AFTER THE OPENING THEREOF, BUT MAY WITHDRAW SAME AT ANY TIME PRIOR TO THE BID OPENING. BUFFALO AND FORT ERIE PUBLIC BRIDGE AUTHORITY ANTHONY D. BRAUNSCHEIDEL OPERATIONS & FACILITIES MANAGER

8

9 PART I SECTION 1 The Buffalo and Fort Erie Public Bridge Authority INFORMATION TO BIDDERS AND FORM OF AGREEMENT

10 INFORMATION TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.1 Terms used in these Instructions to Bidders, which are defined in the General Provisions have the meanings assigned to them in the General Provisions. The item "Successful Bidder" means the bidder to whom the OWNER (on the basis of OWNER'S evaluation as hereinafter provided) makes an award. ARTICLE 2 - BIDS RECEIVED 2.1 Refer to Notice to Bidders for information on receipt of bids. ARTICLE 3 - LOCATION AND DESCRIPTION OF PROJECT 3.1 Refer to Section 1 of the Special Notes ARTICLE 4 - COPIES OF BIDDING DOCUMENTS 4.1 Refer to Notice to Bidders for information on examination and procurement of documents. 4.2 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. All inquiries regarding interpretation of the Bidding Documents shall be referred to the ENGINEER prior to bidding. 4.3 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 offer a license or grant for any other use. ARTICLE 5 - QUALIFICATION OF BIDDERS 5.1 Bidders shall be experienced in the kind of work to be performed, shall have the necessary equipment, and shall possess sufficient capital to properly execute the work within the time allowed. Bids received from bidders who have previously failed to complete work within the time required, or who have previously performed similar work in an unsatisfactory manner, may be rejected. A bid may be rejected if bidder cannot show that he has the necessary ability, plan, and equipment to commence the work at the time prescribed and thereafter to execute and complete the work at the rate or within the time specified. A bid may be rejected if bidder is already obligated for the performance of other work which would delay the commencement, ITB-1

11 execution, or completion of the work. 5.2 Each bid must contain evidence of bidder's qualification to do business in the state where the project is located or covenant to obtain such qualification prior to award of the contract. ARTICLE 6 - EXAMINATION OF THE CONTRACT DOCUMENTS AND SITE 6.1 Before submitting a bid, each bidder must: A. examine the Contract Documents thoroughly; B. be present at the mandatory pre-bid meeting at the site to familiarize himself with the local conditions that may in any manner affect cost, progress or performance of the work; C. familiarize himself with federal, state and local laws, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the work, and; D. study and carefully correlate bidder's observations with the Contract Documents. 6.2 Bids will not be accepted from bidders that did not sign in at the mandatory pre-bid meeting. 6.3 Reference is made to the Special Notes for the identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or those reports that otherwise may affect cost, progress or performance of the work which have been utilized by ENGINEER in preparation of the Drawings and Specifications. These reports are not intended to constitute any explicit or implicit representation as to the nature of the subsurface and latent physical conditions which may be encountered at the site or to constitute explicit or implicit representations as to any other matter contained in any report. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. 6.4 Before submitting his bid, each bidder will, at his own expense, make such investigations and tests as the Bidder may deem necessary to determine his bid for performance of the work in accordance with the Contract Documents. 6.5 On request, OWNER will provide each bidder additional access to the site to conduct such investigations and tests as each bidder deems necessary for submission of his bid. However, if the bidder has not attended the mandatory pre-bid meeting, additional access will not be granted. 6.6 The lands upon which the work is to be performed, rights-of-way for access thereto and other lands designated for use by the CONTRACTOR in performing the work are identified in the General Provisions, General Requirements or Drawings. 6.7 The submission of a bid will constitute an incontrovertible representation by the bidder that he has complied with every requirement of this Article 6 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. ITB -2

12 ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.1 All questions about the meaning or intent of the Bidding Documents or the Contract Documents shall be submitted to the ENGINEER in writing. In order to receive consideration, questions must be received by the ENGINEER no later than 9am on July 8, Any questions or comments so raised, which in the opinion of the ENGINEER require interpretations, will be issued by Addenda to holders of Bid Documents for receipt no later than 9am July 10, All other questions will be responded to by 9am on July 10, The ENGINEER and OWNER will not be responsible for oral interpretations or clarifications which anyone presumes to make on their behalf. 7.2 The ENGINEER may issue such additional Addenda as may be necessary to clarify, correct or change the Bidding Documents or the Contract Documents. Such Addenda, if any, will be in the manner and within the time period stated in Paragraph Failure of any bidder to receive any such Addendum or interpretation shall not relieve any bidder from any obligation under his bid as submitted. ARTICLE 8 - BID SECURITY 8.1 Bids must be accompanied by a Certified Check or Bid Bond in the sum of ten percent (10%) of the amount of the bid, satisfactory to and payable to the order of the OWNER. 8.2 The bid security of the successful bidder will be retained until such bidder has executed the Agreement and 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 ten (10) calendar days of the Notice of Award, OWNER may annul the Notice of Award and the bid security of that bidder will be forfeited to the OWNER as liquidated damages for such failure. 8.3 The bid security of the three (3) lowest bidders may be retained by OWNER until the earlier of the seventh (7th) calendar day after the execution of the Agreement by the successful bidder or the forty-fifth (45th) calendar day after the bid opening. The bid security of the other bidders will be returned within seven (7) calendar days of the bid opening. ARTICLE 9 - CONTRACT TIME 9.1 The number of days within which the work is to be substantially completed (the Contract Time) are set forth in the Agreement, Article 4 - Form of Agreement. ITB -3

13 ARTICLE 10 - LIQUIDATED DAMAGES 10.1 Provisions for liquidated damages, if any, are set forth in General Provisions, paragraph GP-138. ARTICLE 11 - SUBSTITUTE MATERIAL AND EQUIPMENT 11.1 The Contract, if awarded, will be on the basis of the specific materials and equipment shown on the Drawings or described in the Specifications. 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 the CONTRACTOR if acceptable to the ENGINEER, application for such acceptance will not be considered by the ENGINEER until after the effective date of the Agreement. The procedure for submittal of any such application by the CONTRACTOR and consideration by the ENGINEER is set forth in paragraph GP-114 of the General Provisions. ARTICLE 12 - SUBCONTRACTORS AND OTHERS 12.1 If the General Provisions require the identity of certain subcontractors and other persons and organizations to be submitted to OWNER in advance of the Notice of Award, the apparent successful bidder, and any other bidder so requested, will within seven (7) days after the day of bid opening submit to OWNER a list of all subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for this portions of the work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such subcontractor, person and organization if requested by the OWNER. If OWNER or ENGINEER after due investigation has reasonable objection to any proposed subcontractor, other person or organization, either may before giving the Notice of Award request the apparent successful bidder to submit an acceptable substitute without an increase in bid price. Any subcontractor, other person, or organization so listed and to who 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. ARTICLE 13 - BASIS FOR BIDS 13.1 Where the Bid Form contains items that require alternative bids for materials, equipment or systems, the bidder shall total his bid using the lowest priced bid for a named alternative under each item. The low bid will be based upon the Base Bid and Alternate, if the Alternate is accepted. The Alternate will be accepted if it is within budget and at the sole discretion of the Authority. ARTICLE 14 - PREPARATION OF BID 14.1 A bid must be made on the Bid Form bound in the Project Manual. The form shall not be separated from the Project Manual nor shall it be altered in any way. ITB -4

14 14.2 The Bid Form must be completed in ink or by typewriter. Blank spaces in the Bid Form must be filled in correctly where indicated, and the bidder must state, both in words and numerals, the prices for which he proposes to do each and every item of work contemplated. Ditto marks shall not be used A bidder shall execute his bid as stated below. A. A bid by an individual shall show his name and official address. B. A bid by a partnership must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership shall be shown. C. A bid by a corporation must be executed in the corporate name by an officer of the corporation and must be accompanied by a certified copy of a resolution of the board of directors authorizing the person signing the bid to do so on behalf of the corporation. The corporate seal shall be affixed and attested to by the secretary. The state of incorporation and official corporate address shall be shown. D. All names must be typed or printed below the signature The bid shall contain an acknowledgement of the receipt of all Addenda in the space provided on the Bid Form The following listed documents, which are bound in the Project Manual, shall be executed in the manner described in Paragraph 14.3 unless another manner is indicated. A. Bid Security. B. Non-Collusive Bidding Certification. C. Certified copy of board of directors resolution authorizing bid (if bidder is a corporation). ARTICLE 15 - SUBMISSION OF BID 15.1 Bids shall be submitted at the time and place indicated in the Notice to Bidders. The entire Contract Documents and Bid Section booklet shall be submitted The bid shall be enclosed in an opaque, sealed envelope plainly marked on the outside with the name of the bidder, his address, the name of the project, and the contract name and/or number. Bids shall be submitted with bid security and other required documents If the bid is sent through the mail or other delivery system, the sealed envelope containing the bid shall be enclosed in another envelope plainly marked on the outside with the notation "Bid Enclosed" and complying with requirements in section ARTICLE 16 - MODIFICATION OR WITHDRAWAL OF BID 16.1 Withdrawal prior to bid opening: ITB -5

15 A. A bidder may withdraw his bid before the time fixed for the opening of bids by communicating his purpose in writing to the OWNER. Upon receipt of such written notice, the unopened bid will be returned to the bidder Modification prior to bid opening: A. If a bidder wishes to modify his bid, he must withdraw his initial bid in the manner specified in paragraph 16.1.A. and submit a new bid. ARTICLE 17 - OPENING OF BIDS 17.1 Bids will be opened as indicated in the Invitation for Proposals Bids received by mail or otherwise after the time specified for the opening of bids will not be accepted and will be returned to the bidder unopened. ARTICLE 18 - DISQUALIFICATION OF BIDDERS 18.1 More than one bid for the same work from an individual, or a firm, partnership, corporation or an association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested 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 is interested. ARTICLE 19 - BIDS TO REMAIN OPEN 19.1 All bids shall remain open for forty-five (45) days after the day of the opening of bids, but the OWNER may, in his sole discretion, release any bid and return the bid surety prior to that date. ARTICLE 20 - AWARD OF CONTRACT 20.1 OWNER reserves the right to reject any and all bids, to waive any and all informalities, and the right to disregard all non-conforming, non-responsive or conditional bids. OWNER reserves the right to delete bid items prior to or after award if OWNER deems this to be in OWNER'S best interest OWNER reserves the right to reject any bid not accompanied by documentation and bid security OWNER reserves the right to reject any bid if it shows any omissions, alterations of form, additions not called for, conditions or qualifications, or irregularities of any kind OWNER reserves the right to reject any bid that, in his sole discretion, is considered to be unbalanced or unreasonable as to the amount bid for any lump sum or unit price item. ITB -6

16 20.5 In evaluating Bids, discrepancies between words and figures will be resolved in favor of words. 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 In evaluating bids, OWNER will consider the qualifications of Bidders; whether or not the Bids comply with the prescribed requirements; the alternatives, if any; and the lump sum and unit prices, if requested in the Bid Form. It is the OWNER'S intent to evaluate each alternative bid in accordance with the methods and criteria set forth in the Specifications. The low bidder will be determined on the basis of the selection by the OWNER of the alternative(s) deemed to be in OWNER'S best interest OWNER may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) 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 General Provisions OWNER may conduct such investigation as he deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of the bidder's proposed subcontractor and other persons and organizations to do the work in accordance with the Contract Documents OWNER reserves the right to reject the bid of any bidder who does not pass any such evaluation to the OWNER'S satisfaction If a Contract is to be awarded, it will be awarded to the responsive and responsible bidder who has neither been disqualified nor rejected pursuant to Article 18 or this Article OWNER reserves the right to accept any bid deemed to be in his best interest even though the bid chosen may result in the award of the Contract to a bidder whose bid is not the mathematically low bid Bids must be submitted for all alternates. The OWNER reserves the right to award any alternate or any combination of alternates, in any order, consistent with available funds. ARTICLE 21 - BONDS 21.1 The requirements for Performance, Labor and Material Payment and Maintenance Bonds are stated in article GP-91 of the General Provisions The successful bidder shall, within five (5) calendar days from the date of the Notice of Award, deliver to OWNER, for his review and approval, the Performance Bond and the Payment Bond he proposes to furnish at the time of the execution of the Agreement. ARTICLE 22 - CONTRACTOR'S INSURANCE 22.1 The requirements for CONTRACTOR'S insurance are stated in article GP-127 of the General ITB -7

17 Provisions The successful bidder shall within five (5) calendar days from the date of the Notice of Award deliver to the OWNER, for his review and approval, the required certificates of insurance to the OWNER as stated in the General Conditions. ARTICLE 23 - EXECUTION OF AGREEMENT 23.1 The apparent successful bidder, or his authorized representative, will be required to attend with the contract securities offered by him and execute the Agreement within five (5) calendar days from the date of the Notice of Award. Three (3) fully executed copies of the Contract will be required by the OWNER The OWNER will prepare the documents, and will identify, in the Notice of Award, the location at which the documents will be executed. ARTICLE 24 - NOTICE TO PROCEED 24.1 Issuance of the Notice to Proceed shall be stated in the General Provisions GP-45. ARTICLE 25 - SPECIAL REQUIREMENTS 25.1 NON-COLLUSIVE BIDDING CERTIFICATION. A. Each bidder shall certify to non-collusion in bids on the "Non-Collusive Bidding Certification" provided herein, pursuant to the provisions of Section 103-d of the General Municipal law. The form of certification is included in the Bid Form section. B. Section 103-d of the General Municipal Law is: "103-d. Statement of non-collusion in bids and proposals to political subdivision of the state or fire district. (1) Every bid or proposal hereafter made to a political subdivision of the state or any public department, agency, or official thereof where competitive bidding is required by statute, rule, regulation or local law, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury. Non-Collusive Bidding Certification. (a) By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies, as to its own organization, under penalty of perjury, that to the best of knowledge and belief: ITB -8

18 (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or without any competitor; (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and (3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. (b) A bid shall not be considered for award nor shall any award be made where (a) (1), (2) and (3) above have not been complied with; provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where (a) (1), (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition. The facts that a bidder (a) has published price lists, rates, or tariffs covering items being procures, (b) has informed prospective customers of proposed or pending publication or new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph (a) (a). Any bid hereafter made to any political subdivision of the state or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation, or local law, and where such bid contains the certification referred to in subdivision one of this section, shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation. As amended L.1965, c.751, Sec. 1:L.1966, c.675, Sec. 2, eff. Sept. 1, 1966." 25.2 SPECIAL NOTICE. A. The information and requirements included as Instructions to Bidders are neither inclusive nor exclusive and the bidder or contractor shall make no claim for lack of notice because information or requirements are stated elsewhere in the Contract Documents, but are not repeated herein. B. The OWNER may accept, in lieu of all or part of the cash retainage, (1) bonds or notes of the United States of America, or obligations, the payment of which is guaranteed by the United States of America, or (2) bonds or notes of the State of New York, or (3) bonds of any political subdivision in the State of New York, of a market value equal to the amount ITB -9

19 so withdrawn The construction of this project, including the letting of contracts in connection therewith, shall conform to all applicable requirements of Federal, State and Local laws, ordinances, rules and regulations Refer to General Provisions for further Special Requirements. ITB -10

20

21 BUFFALO AND FORT ERIE PUBLIC BRIDGE AUTHORITY FORM OF AGREEMENT (To Be Completed Upon Award) PROJECT: TO FURNISH LABOR, MATERIALS AND EQUIPMENT FOR PEACE BRIDGE UNITED STATES APPROACH WIDENING PHASE I This Agreement, entered into this day of 20 by the Buffalo and Fort Erie Public Bridge Authority, hereinafter called the Authority, acting by and through the General Manager, and a corporation organized and existing under the Laws of (governmental entity) of the city of in the State of hereinafter called the "Contractor". Witnessed, that the Authority and the Contractor, for the consideration hereinafter named agree as follows: ARTICLE 1. WORK TO BE DONE: THE CONTRACTOR SHALL FURNISH ALL PLANT, LABOR, SERVICES, MATERIALS, SUPPLIES, EQUIPMENT, TOOLS, TRANSPORTATION, AND OTHER FACILITIES AND ITEMS NECESSARY OR PROPER FOR OR INCIDENTAL TO THE PEACE BRIDGE UNITED STATES APPROACH WIDENING PHASE I. ARTICLE 2. DOCUMENTS FORMING THE CONTRACT: The Contract (and Contract Documents) shall be deemed to include this Form of Agreement, the Invitation for Proposals, Specifications, General Provisions and Special Specifications and Conditions; the materials of construction; drawings, if the same are included; any addenda to the specifications if the same are issued prior to the date of receipt of proposal; and all provisions required by law to be inserted in the contract whether actually inserted or not. ARTICLE 3. EXAMINATION OF DOCUMENTS AND SITE: The Contractor agrees that before making his proposal he carefully examined the contract documents, together with the site of the proposed work, as well as its surrounding territory, and is fully informed regarding all of the conditions affecting the work to be done and labor and materials to be furnished for the completion of this contract, including the existence of poles, wires, pipes, ducts, conduits and other facilities and structures of municipal and public service corporations on, over or under the site, and that his information was secured by personal investigation and research and not from the estimates or records of the Authority, and that he will make no claim against the Authority by reason of estimates, tests or representations of any officer or agent of the Authority, except as provided for in this specification. ARTICLE 4. DATE OF COMPLETION: The contractor further agrees that if awarded the contract he will commence the work within five (5) calendar days from the Notice to Proceed and have until November 27, 2013 to substantially complete the contract in its entirety. Compensation to the contractor for changes in the work and completion date shall be in accordance with Article 5 of this Agreement. No extension beyond the date of completion fixed by the terms of this contract shall be effective unless in writing signed by the Authority. Such extension shall be for such time and upon such terms and conditions as shall be fixed by the Authority, which may include a charge for engineering and inspection expenses actually incurred upon the work. Notice of application for such extension shall be filed with the General Manager at least fifteen (15) days prior to the date of completion fixed by the terms of the Agreement. FOA-1

22 ARTICLE 5. ALTERATIONS AND OMISSIONS: The said work shall be performed in accordance with the true intent and meaning of the contract documents without any further expense of any nature whatsoever to the Authority other than the consideration named in this Agreement. The Authority reserves the right, at any time during the progress of the work to alter the plans or omit any portion of the work as it may deem reasonably necessary for the Authority interest; making allowances for additions and deductions at the prices named in the proposal, for this work without constituting grounds for any claim by the contractor for allowance for damages or for loss of anticipated profits, or for any variations between the approximate quantities and the quantities of the work as done. ARTICLE 6. NO COLLUSION OR FRAUD: The Contractor hereby agrees that the only person or persons interested as principal or principals in the bid or proposal submitted by the contractor for this contract are named therein, and that no person other than those mentioned therein has any interest in the above mentioned proposal or in securing the award, and that this contract has been secured without any connection with any person or persons other than those named, and that the proposal is in all respects fair and was prepared and the contract was secured without collusion or fraud and that neither any officer nor employee of the Authority has or shall have a financial interest in the performance of the contract or in the supplies, work or business to which it relates, or in any portion of the profits thereof. ARTICLE 7. PAYMENT OF ESTIMATES: As the work progresses in accordance with the contract and in a manner that is satisfactory to the Authority, the Authority hereby agrees to make payments to the contractor therefore, based upon the proposal attached hereto and made a part hereof, as follows: The Authority shall, after satisfactory completion, make payment for the work performed in accordance with the terms and conditions of the Contract. The Authority shall retain ten percent (10%) of the amount of each Payment of Estimate or partial payment until the work has been accepted. If the Authority determines that satisfactory progress is being made, the Authority may, after 50% of the work has been completed, reduce to five percent (5%) the retention on the remaining 50% of the work. ARTICLE 8. NO ESTIMATE OF CONTRACTOR'S NON-COMPLIANCE: It is further agreed that so long as any lawful or proper direction addressed to the contractor or his representative, shall remain uncomplied with, the Contractor shall not be entitled to have any estimate made for the purpose of payment, nor shall any estimate be rendered on account of work done or material furnished until such lawful or proper direction aforesaid has been fully and satisfactorily complied with. ARTICLE 9. FINAL ACCEPTANCE OF WORK: When in the opinion of the General Manager a contractor has fully performed the work under the contract, the General Manager shall recommend to the Authority the acceptance of the work so completed. If the Authority accepts the recommendation of the General Manager, he shall thereupon by letter notify the Contractor of such acceptance, and copies of such acceptance shall be sent to other interested parties. Final acceptance shall be final and conclusive except for defects not readily ascertainable by the Authority, actual or constructive, fraud, gross mistakes amounting to fraud or other errors which the Contractor knew or should have known about as well as the Authority s rights under any warranty or guarantee. Final acceptance may be revoked by the Authority at any time prior to the FOA-2

23 issuance of the final check by the Authority upon the Authority s discovery of such defects, mistakes, fraud or errors in the work. ARTICLE 10. FINAL PAYMENT: After the final acceptance of the work, the Engineer shall prepare a final agreement of the work done from actual measurements and computations relating to the same, and he shall compile the value of such work under and according to the terms of the contract. This agreement shall be certified as to its correctness by the Engineer. Upon approval of such final agreement by the General Manager, it shall be submitted to the Authority for final approval. The right, however is hereby reserved by the Authority to reject the whole or any portion of the final agreement, should the said certificate of the Engineer be found or known to be inconsistent with the terms of the agreement or otherwise improperly given. All certificates upon which partial payments may have been made being merely estimates, shall be subject to correction in the final certificate or final payment. ARTICLE 11. RIGHT TO SUSPEND WORK AND CANCEL CONTRACT: It is further mutually agreed that if at any time during the prosecution of the work the General Manager shall determine that the work is not being performed according to the contract or for the best interests of the Authority the execution of the work by the contractor may be temporarily suspended by the General Manager, who may then proceed with the work under his own direction in a manner which will be in accord with the contract specifications and be for the best interests of the Authority, or he may terminate the contractor's employment under the contract while it is in progress, and thereupon proceed with the work, in affirmation of the contract, by contract negotiated or publicly let, by the use of his own forces, by calling upon the surety to complete the work in accordance with the plans and specifications or by a combination of any such methods; or he may cancel the contract and either re-advertise or re-let or complete the work under his own direction in a manner which will be in accord with the contract specifications and be for the best interests of the Authority, any excess in the cost of completing the contract beyond the contract price, as amended, shall be charged to and paid by the Contractor failing to perform the work or his surety. Whenever the Authority determines to suspend or stop work under the contract, a written notice sent by mail to the contractor at his address, shall be sufficient notice of its action in the premises. ARTICLE 12. DETERMINATION AS TO VARIANCES: In case of any ambiguity in the plans, specifications or plans, or between any of them, the matter must be immediately submitted to the General Manager, who shall adjust the same, and his decision in relation thereto shall be final and conclusive upon the parties. ARTICLE 13. REMOVAL OF REJECTED WORK AND MATERIAL: The contractor agrees that all work or material which may be rejected by the Authority or its representative shall be at once removed from the site of the work by the Contractor at his own expense, and replaced by work or material satisfactory to the Authority. ARTICLE 14. SUCCESSORS AND ASSIGNS: This agreement shall bind the successors, assigns and representatives of the parties hereto. FOA-3

24 IN WITNESS WHEREOF, this Agreement has been executed by the Authority, acting by and through its proper officer duly qualified in that behalf, who has caused the seal of his office to be affixed hereto, and the contractor has duly executed this Agreement on the day and year first above written. BUFFALO AND FORT ERIE PUBLIC BRIDGE AUTHORITY (Authority Seal) General Manager Legal Name of Contractor (Affix Corporate Seal of Contractor, if a Corporation) By: President or Owner (Acknowledgement by individual contractor) STATE OF NEW YORK } } ss: COUNTY OF } PROVINCE OF ONTARIO } } COUNTY OF } On this day of 20, before me personally came to me known and known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public County FOA-4

25 (Acknowledgement by co-partnership contractor) STATE OF NEW YORK } } ss: COUNTY OF } PROVINCE OF ONTARIO } } COUNTY OF } On this day of 20, before me personally came and appeared to me known and known to be the person described in and who executed the above instrument, who being duly sworn by me, did for himself depose and say that he is a member of the firm of consisting of himself and and that he executed the foregoing instrument in the firm name of and that he had authority to sign same, and he did duly acknowledge to me that he executed the same as the act and deed of said firm of, for the uses and purposes mentioned therein. Notary Public County (Acknowledgement by contractor, if a corporation) STATE OF NEW YORK } } ss: COUNTY OF } PROVINCE OF ONTARIO } } COUNTY OF } On this day of 20, before me personally came to me known, who being duly sworn, did depose and say that he resides in that he is the of the the corporation described in and which executed the foregoing instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Public County (SEAL) FOA-5

26

27 PART I SECTION 2 The Buffalo and Fort Erie Public Bridge Authority NON-COLLUSIVE BIDDING CERTIFICATE

28

29 NON-COLLUSIVE BIDDING CERTIFICATION 1. Every bid hereafter made to the Authority where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury; Non-Collusive Bidding Certification. a. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief: 1) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. b. A bid shall not be considered for award nor shall any award be made where a., 1), 2), and 3) above have not been complied with; provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where a., 1), 2), and 3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the Authority or its representative determines that such disclosure was not made for the purpose of restricting competition. The fact that a bidder (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customers of its proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of sub-paragraph one (a). NCB-1

30 2. Any bid hereafter made to the Authority by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule or regulation, and where such bid contains the certification referred to in subdivision one of this section, shall be deemed to have been authorized by the board of directors of the bidder and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation. Dated: 20 Legal Name of Person, Firm or Corporation By: Title: The address of the bidder is: Telephone Number: ( ) Facsimile Number: ( ) IF A CORPORATION Name President Secretary Treasurer Address IF A FIRM Name Address NCB-2

31 PART I SECTION 3 The Buffalo and Fort Erie Public Bridge Authority BID FORM

32

33 BID FORM TO FURNISH LABOR, MATERIALS AND EQUIPMENT FOR THE PEACE BRIDGE UNITED STATES APPROACH WIDENING PHASE I To: The Buffalo and Fort Erie Public Bridge Authority In compliance with the Invitation for Proposals dated JUNE 28, 2013 the undersigned hereby proposes to furnish labor, materials and equipment and to perform all the work in strict accordance with the Invitation for Proposals, Information to Bidders, Form of Agreement, Non-Collusive Bidding Certificate, Bid Form, General Provisions, Special Notes, Special Specifications, Prevailing Wage Rates, Drawings and Addenda and all provisions by law to be inserted in the contract whether actually inserted or not, for the consideration of the following amount: Base Bid Dollars ($ ) PAY ITEM NUMBER PAY ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE AMOUNT BID 01 MOBILIZATION 1 LS $ $ 02 STRUCTURE EXCAVATION 2217 CY $ $ 03 SELECT GRANULAR FILL 294 CY $ $ 04 SELECT STRUCTURE FILL 56 CY $ $ 05 REINFORCED CONCRETE FOOTINGS 1 LS $ $ 06 ENGINEER S FIELD OFFICE AND EQUIPMENT 1 LS $ $ 07 MAINTENANCE AND PROTECTION OF TRAFFIC 1 LS $ $ 08 IMPROVEMENTS TO PARKING LOT AND RAMP REALIGNMENT 1 LS $ $ 09 STREET LIGHTING RELOCATION 1 LS $ $ BF-1

34 PAY ITEM NUMBER PAY ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE AMOUNT BID 10 RELOCATE EXISTING FIBER OPTIC/ COMMUNICATIONS LINE AND SYSTEM 1 LS $ $ The undersigned further agrees that he or they will, upon Notice of Award, mailed or otherwise furnished, within five (5) calendar days after receipt of such acceptance execute the contract and give performance and payment bond approved and insurance as to form and sufficiency by the Buffalo and Fort Erie Public Bridge Authority. The undersigned agrees that if awarded the contract he will commence the work within five (5) calendar days from the date of Notice to Proceed and that he or they will conduct the work with such forces, at such time or times, cease the work and accept a termination date of the contract, all of which shall be at the sole and exclusive discretion of the Buffalo and Fort Erie Public Bridge Authority or its authorized representative. The undersigned also hereby declares he is or they are financially solvent and experienced in and competent to perform the work contemplated and that he has or they have carefully examined all the contract documents and that he has or they have personally inspected the site, actual location of the work, materials to be furnished, equipment to be furnished, and has or have satisfied himself or themselves as to all the conditions, and understand that in signing this proposal he or they waive all right to plead any misunderstanding regarding same. In submitting this proposal the undersigned also hereby declares that he is or they are the only person or persons interested in said proposal; that it is made without any connection with any person making another proposal for the same contract; that the proposal is in all respects fair and without collusion, fraud, or mental reservations; that no official of the Authority, or any person in the employ of the Authority is directly or indirectly interested in said proposal or in the supplies or work to which it relates, or in any portion of the profits thereof. ADDENDA Receipt of the following Addenda is acknowledged: Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Accompanying the proposal is a certified check, bank cashiers check or bid bond in the amount of not less than ten percent (10%) of the gross sum amount of the proposal in United States funds. In case this proposal shall be accepted by the Buffalo and Fort Erie Public Bridge Authority and the undersigned shall fail to execute, the monies represented by such bid bond or certified check shall be regarded as liquidated damages and shall be forfeited and become the property of the Authority. On acceptance of this proposal for said work the undersigned does or do hereby bind himself or themselves to enter into written contract, within five (5) days of date of Notice of Award, with the Buffalo and Fort Erie Public Bridge Authority. BF-2

35 Dated 20 Legal name of Person, Firm or Corporation By: Title: The address of the bidder is: Telephone Number: ( ) Facsimile Number: ( ) IF A CORPORATION Name President Secretary Treasurer Address Name IF A FIRM Address BF-3

36 BF-1

37 PART I SECTION 4 The Buffalo and Fort Erie Public Bridge Authority GENERAL PROVISIONS

38

39 GENERAL PROVISIONS INDEX GP-1 GP-2 GP-3 GP-4 GP-5 GP-6 GP-7 GP-8 GP-9 GP-10 GP-11 GP-12 GP-13 GP-14 GP-15 GP-16 GP-17 GP-18 GP-19 GP-20 GP-21 GP-22 GP-23 GP-24 GP-25 GP-26 GP-27 GP-28 GP-29 GP-30 GP-31 GP-32 GP-33 GP-34 GP-35 GP-36 GP 37 GP-38 GP-39 DEFINITIONS AND TERMS GP-1 ABBREVIATIONS GP-1 ADDENDA GP-1 AGREEMENT GP-2 AMENDMENT GP-2 APPLICATION FOR PAYMENT GP-2 AUTHORITY GP-2 AWARD GP-2 BID GP-2 BID DEPOSIT GP-2 BIDDER GP-2 BIDDING DOCUMENTS GP-2 BONDS GP-2 BRIDGE GP-2 CALENDAR DAY GP-2 CHANGE ORDER GP-2 CONTRACT AGREEMENT GP-2 CONTRACT BOND GP-2 CONTRACT DOCUMENTS GP-3 CONTRACT ITEM (PAY ITEM) GP-3 CONTRACT PRICE GP-3 CONTRACT TIME GP-3 CONTRACTOR GP-3 CULVERT GP-3 DAY GP-3 DEFECTIVE GP-3 DRAWINGS GP-3 EFFECTIVE DATE OF AGREEMENT GP-3 EMPLOYEE GP-3 ENGINEER GP-3 ENGINEER OR ENGINEER-IN-CHARGE GP-4 EQUIPMENT GP-4 EXTRA WORK GP-4 FIELD ORDER GP-4 FINAL AGREEMENT GP-4 FINAL ESTIMATE GP-4 GENERAL REQUIREMENTS GP-4 EEO and M/WBE PROGRAMS GP-4 INSPECTOR GP-5 GP-I