INVITATION TO BID PROJECT: Door & Window Replacement PROJECT NUMBER ARRA Project #1 DATE: 8-20-09 LOCATION: Muhlenberg Career Development Center 3875 State Route Highway 181 North Greenville, KY. 42345 OWNER: U.S. DEPARTMENT OF LABOR (DOL) CENTER OPERATOR: Horizons Youth Services 3586 Horizons Way Harrisonburg, VA 22802 BID SUBMISSION: Sealed bid in duplicate BIDS ARE DUE NOT LATER THAN: September, 28 - 2:00 p.m. BID OPENING Muhlenberg Career Development Center Attn: James R. Hill Purchasing Agent 3875 State Route Highway 181 North Greenville, KY 42345 CONTRACT: Fixed price, single lump sum contract BID SECURITY: See Instruction to Bidders and Bid Form for bid security CONTRACT DOCUMENTS: The attached Bid Package contains the Construction Scope of Work, Conditions of the Contract and Specifications describing the extent and requirements of the work. PERFORMANCE TIME: See Bid Form for requirements on Time of Completion and any Liquidated Damages. ESTIMATED COST: Between $0 and $19,000 The owner reserves the right to reject any or all bids. INSTRUCTION TO BIDDER OFFER Make offers in accordance with the following instructions: 1. Bid Form: Must be signed by an authorized official of the company making offer. 2. Attach a bid breakdown to the Bid Form. Breakdown shall separately identify major components/assemblies of the project with associated costs. 3. Each bidder shall carefully examine the contract documents and shall inspect the existing construction site, prior to submitting a bid, to familiarize himself with all conditions under which the work is performed. No variance or extra payment will be allowed for requirements or conditions arising during construction that were apparent prior to starting work. No extra payment will be made for those items arising during construction which would have been reasonably anticipated to be required during the construction or could have been detected by close inspection at the site prior to bid. 4. Deliver bid to Purchasing agent, Ralph Hill,, Office of Purchasing ,Muhlenberg Career Development Center,3875 State Route Highway 181 North, Greenville, KY. 42345 on or before the time stated in the Invitation to Bid in a sealed opaque envelope marked "BID FOR" and bearing the title of the project and name of the bidder. Bids delivered via Fed Ex, Express Mail, UPS, etc. is acceptable. Bids received after the time stated in the Invitation to Bid will be returned unopened. Facsimile offers will not be accepted for sealed bid requirements. Prime bidders attendance at Bid Opening is not mandatory. INTERPRETATION OF CONTRACT DOCUMENTS Should a bidder find discrepancies in, or omissions from, the bid package, or should he be in doubt as to their meaning, he shall contact the Purchasing Agent, Ralph Hill
+1 (555) 000-0000 for an interpretation thereof prior to five working days of the time of bid opening. The interpretation of the documents will be made by written Addendum; a copy of which will be issued to each bidder having procured a bid package. ADDENDA OR BULLETINS Any addenda issued prior to the bid opening become part of the contract documents; shall be covered in the bid; and become a part of the contract. AWARDS OR REJECTION OF BIDS All else being equal, the contract, if awarded, will be to the lowest responsible bidder. The owner, however, shall be the sole judge as to who is responsible and reserves the right to reject any or all bids and to waive any irregularity or technicality in bids received. CONTRACT PERFORMANCE TIME AND LIQUIDATED DAMAGES See "BID FORM" for requirements for contract performance and provisions for liquidated damages. BIDDER QUALIFICATIONS Prime bidder shall have a current business and general contracting license and have a minimum of five years experience in the type of work required by the Construction Scope of Work for this Project. Subcontractors shall have a business license to practice their respective trade and a minimum of 3 years experience in the trade. All plumbing and electrical work of this Project shall be performed by licensed professionals having a minimum 3 years experience. CONSTRUCTION SCOPE OF WORK Door & Window Replacement Muhlenberg Career Development Center SECTION I. GENERAL The construction work includes, but is not limited to, the following: The work involves removing existing doors and windows and installing new replacements. The extent of the work is further described in Section III of this scope of work and in the attached drawings. The general conditions of the contract for construction shall be consistent with the Federal Acquisition Regulation (FAR) except as modified or amended herein. This project is an American Reinvestment and Recovery Act project and is subject to all Buy American Act provisions wjhich are included at the end of the scope of work. SECTION II. CONSTRUCTION REQUIREMENTS AND SPECIFIC CONDITIONS OF THE CONTRACT - A. CODES The contractor shall, in accomplishing the Scope of Work, use to the extent practicable, as long as they are deemed reasonable and desirable by the U.S. Department of Labor, building codes, ordinances, and regulations which are enforced by City, County, State or relevant Federal agencies. Where such codes are not in effect it will be the responsibility of the contractor to consult and use to the extent practicable, the national building code generally used in the area. OSHA and EPA regulations shall also apply. All conflicts and requests for interpretation or clarification shall be submitted to the Purchasing Agent, Muhlenberg Career Development Center. All work associated with this Scope of Work shall follow as far as practicable the "Uniform Federal Accessibility Standards" (UFAS) as printed in the Federal Register, April 1, 1988. Specific provisions are not provided for accessibility of the visually and hearing impaired. All construction work shall adhere to the current edition of the National Fire Protection Association (NFPA) Standard No. 101, Life Safety Code. References and standards referenced with NFPA No. 101 are considered part of the Life Safety Code and serve as minimum requirements when applicable. Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (EPA) regulations shall also apply. All electrical work shall meet the requirements of the latest edition of the National Electrical Code (NEC) and the Illuminating Engineering Society (IES) Handbook. All ventilation work shall meet the requirements of ASHRAE Standard 62.1989. Refrigeration machines must comply with Clean Air Act amendment Title VI: Stratospheric Ozone Protection and Code of Federal Regulations (CFR) 40, Part 82: Protection of Stratospheric Ozone. No chloro-fluorocarbon (CFC) refrigerants are permitted in new refrigeration machines. Hydrochloro-fluorocarbon (HCFC) refrigerants may be considered if the life cycle cost analysis shows them to be cost effective. Factors to be included in the analysis are capacity, operation and maintenance requirements and environmental impact. Refrigeration machines using refrigerants must be equipped with fittings and equipment for recovery, recycling and purging. Required protection systems include monitors and alarms, and electrical phase control. The U.S. Department of Labor requires that any asbestos-related work to be accomplished under this Scope of Work conform to the current regulations promulgated by the Environmental Protection Agency (EPA), the National Emission Standards for Hazardous Air Pollutants (NESHAP), the Occupational Safety and Health Administration (OSHA), and the National Institute for Occupational Safety and Health (NIOSH). Where the regulations of the State are more stringent than those of the Federal Government, the regulations of the State shall prevail. All new work of this project shall be in accordance with federal directives for energy conservation. All construction shall conform to the current edition of the Model Energy Code used in the state where the work is performed. With respect to energy and water conservation and in conformity with EPACT-92, Title 10 Code of Federal Regulations (10CFR), and Executive Order #12902, all HVAC, plumbing and electrical systems and other energy related components of the work shall meet or exceed Standard ASHRAE/IES 90.1 and/or local conservation codes, whichever is the more stringent. A Performance Bond will not be required for this project. B. DAVIS-BACON ACT This project is subject to the provisions of the Davis-Bacon Act for construction work on a Federally funded Job Corps center. Accordingly, the contractor shall be required to conform to the latest wage rate decision for the locality. The Workforce Investment Act (WIA) imposed Davis-Bacon labor standards upon contractors and subcontractors. It provides that all laborers and mechanics employed by contractors and subcontractors in any construction, alteration or repair, including painting and decorating of projects, buildings, and works which are federally assisted under this Act, shall be paid wages at rates not less than those prevailing on similar construction in accordance with the Davis-Bacon Act. The contractor shall provide proof of compliance with wage rate and fringe percentage via weekly payroll records and certification that employees are being paid according to payroll records. The Certified Payroll Records shall be submitted to the Purchasing Agent. The Purchasing Agent will compare the payroll record with the daily visitor sign in log. Any discrepancies between the payroll record and the center log shall be reconciled by the Contractor before a progress payment will be made. The Contractor shall be required to post bilingual (English, Spanish) signs in prominent locations at the project site informing all workers of their right to Davis- Bacon wages. C. REQUIRED INSURANCE Prior to the effective date of this contract, the Contractor shall provide the Purchasing Agent with proof of insurance via appropriately executed certificate of insurance and deliver same to Horizons Youth Services (HYS), dba Muhlenberg Career Development Center. Such certificate shall identify this contract and contain provisions that coverage afforded under the policies shall not be canceled, terminated or materially altered until at least thirty (30) days prior written notice has been given to HYS. "The Contractor shall indemnify, defend, and hold HYS harmless from any claim, demand, suit, liability, judgment and expense (including any attorney's fees and other costs of litigation) arising out of or relating to injury, disease, or death of persons or damage to or loss of property resulting from or in connection with performance of this contract by the Contractor, its agents, employees, and subcontractors or any one for whom the Contractor may be responsible. The obligations, indemnities, and liabilities assumed by the Contractor under this paragraph shall not extend to any liability caused by the negligence of HYS or its employees. The Contractor's liability shall not be limited by any provisions or limits of insurance set forth in this contract. HYS shall reasonably notify the Contractor of any claim for which it may be liable under this paragraph." Without limiting any liability or any other obligations of the Contractor, the Contractor shall provide and maintain and cause its subcontractors to provide and maintain insurance coverage with forms and insurers acceptable to HYS, until all obligations under this contract are satisfied, as follows: 1. Workers' Compensation insurance to cover obligations imposed by Federal and State statutes having jurisdiction of its employees engaged in the performance of this contract, and Employers' Liability insurance with a minimum limit of one hundred thousand dollars ($100,000). 2. Commercial General Liability insurance with a minimum combined single limit of one million dollars ($1,000,000) each occurrence. The policy shall include coverage for bodily injury, personal injury, broad form property damage, blanket contractual, contractors protective, products and complete operations. 3. Comprehensive Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than one million dollars ($1,000,000) each occurrence with respect to Contractors' vehicles (whether owned, non owned, or hired) assigned to or utilized in the performance of this contract. The policies required shall name HYS, its agents, officials and employees as additional insured and shall specify that the insurance afforded the Contractor shall be primary insurance and that any insurance coverage carried by HYS or its employees shall be excess coverage except as provided by state law, and not contributory insurance to that provided by the Contractor. Failure on the part of the Contractor to provide and maintain the required liability insurance and provide proof thereof to HYS within thirty (30) days following commencement of a new policy period, shall constitute a material breach of the contract upon which HYS may immediately terminate this contract. The Contractor must provide a copy of its safety plan or a copy of the Center's Safety Plan will be provided for adherence. The Contractor's safety plan must meet or exceed OSHA standards. - D. PRE-BID SITE INSPECTION A pre-site inspection is required. However the contractor shall release and save HYS harmless from any and all loss, cost, damage, or expense which he may incur, suffer, or be required to pay because of errors, omissions, or inconsistencies in his bid, or of a failure on the part of HYS and the Muhlenberg Career Development Center to take into account all of the factors affecting the work. A mandatory pre-bid conference/walk-through shall be conducted at the project site with interested contractors on 9-16-09 at 10:00 am Central time. Questions related to the project may be presented and discussed at the pre-bid conference. E. DRAWINGS AND SPECIFICATIONS This Construction Scope of Work may contain material specifications and/or drawings relevant to the work. The Contractor shall review the scope of this project, specifications and any drawings to become thoroughly familiar with the extent of the work and requirements. The contractor shall not submit drawings and specifications, for approval or building permit, to any local or state building authority without prior approval of the Purchasing Agent. For clarification of any part of the scope of work, address questions to the Purchasing Agent. HYS makes no assurance to the Contractor as to the accuracy of the drawings and completeness of the specifications. The Contractor shall be responsible for all incidental work not specified but required by building codes or professional practice for the complete and correct installation of the work. No allowance will be made for failure of the Contractor or subcontractors to correctly interpret and clearly understand the intent of the scope of work and their responsibility to perform the work in full. F. FACILITY OPERATING HOURS The center shall remain in operation throughout construction. All construction activity shall be coordinated with the Purchasing Agent in order to minimize disruption to center operations. All anticipated interruptions to center operations shall have prior approval from the Purchasing Agent at least 36 hours in advance of the interruption. Contractor access to the work site shall be limited to the period of time 7:30 a.m. to 3:30 p.m., daily. G. SUPERVISION AND DISCIPLINE The Contractor shall provide a competent job superintendent, job foreman, or lead man who is authorized to act for the contractor and be on site daily to oversee and direct the work. The contractor's employees shall conduct themselves in an orderly manner and adhere to all the center rules and regulations. The Center and HYS reserve the right to direct the removal of any Contractor's employee for conduct in violation of center regulations or conduct which is deemed detrimental to the center operation. The Contractor, its agents, employees, subcontractors or any one whom the Contractor may be responsible for shall: i) Prior to entering the center, sign the visitor log at Security ii) Observe security regulations iii) Not be permitted to utilize the food services facilities iv) Not fraternize with students v) Not consume or transport alcohol, drugs or firearms onto the center vii) Dress in an appropriate manner for this site. No vulgar and/or provocative statements will be displayed. H. NOTICE TO PROCEED The contractor shall begin the work within thirty (30) days from written "Notice to Proceed" and all work must be completed no later than December 31, 2009. A pre-construction meeting shall be held at the center after execution of the agreement and prior to commencement of the work. Those in attendance shall include the Purchasing Agent, center director, center department supervisors affected by the work, contractor and contractor's lead man, subcontractors and when applicable, materials manufacturers representatives. The meeting agenda shall include significant items that may affect the project, e.g., progress meetings, progress payments, construction schedule, critical sequencing, access to the center, use of the premises, construction staging area, material and tool storage, receiving, security, etc. Prior to commencing work, the Contractor shall submit to the Purchasing Agent a list of all employees (name and title or trade) who are or will be assigned to work on the project. The Contractor shall update the "authorized" list, adding or deleting names as necessary. The list will be maintained at the Security office, main gate. Employees showing up at the main gate whose names are not on the authorized list shall be denied access to the Center. All employees shall individually sign the visitor log, identifying the company the represent and the time of entry. All employees upon leaving shall sign out indicating time of departure. I. CONSTRUCTION SCHEDULE The Contractor shall submit a detailed schedule (bar chart) for construction progress to the Purchasing Agent for review and approval prior to commencing work. The schedule shall show the complete sequence of construction by activity with anticipated beginning and ending dates. After commencement of work the Contractor shall continually update and revise the schedule and immediately notify the Purchasing Agent in writing of any delays. The Contractor shall submit an updated schedule with each application for payment. J. PROTECTIONS The Contractor shall provide temporary barricades and other forms of protection as required to protect center personnel and students from injury. The contractor shall protect from damage existing facilities and finishes to remain, and promptly repair damages at no additional cost to the contract. The Contractor shall receive and store all materials, equipment, and other items to be used in accomplishing the work and to protect them against loss or damage from every source. The Contractor shall be responsible for all equipment and materials brought onto the center and shall replace damaged or stolen items at own expense. The Contractor shall report any loss of material or equipment (tools) immediately to center security. If circumstances warrant, security will conduct a search of the center. K. SUBMITTALS - Product data, Shop drawings, Samples The Contractor shall prepare a submittal check list of all items requiring the Center's approval and/or selection and submit it to the Purchasing Agent. The check list shall have space for, date submittal received, date submittal returned approved, date submittal returned not approved, date of resubmission. The Contractor shall submit to the Purchasing Agent for approval, two copies of product data sheets showing choices and options. Where several similar products and options are shown on the data sheets the Contractor shall clearly highlight the products and options being submitted for approval. The submittal shall include samples of specified materials showing a range of colors, patterns and textures for selection by the center. The Purchasing Agent shall review each submittal and respond in writing, indicating colors selected and product approval. The contractor shall also submit any shop drawings requiring review and approval. Allow 3 business days for center review of submissions. Approval of the submittals by the center shall not limit, nor relieve the Contractor of responsibility to provide specified quality materials and methods in performance of the work of the contract. L. TEMPORARY FACILITIES Mobile storage/office facilities shall be at the expense of the contractor. Coordinate with the center for location of a staging area and vehicle parking. Electricity will be made available by the center. Connection to existing power shall be by the contractor. Phone connection and service shall be at contractor's expense. M. CUTTING AND PATCHING The contractor shall be responsible for all cutting of existing work required to accommodate the installation of new work, and patching of finishes to match adjacent finishes remaining. The Contractor shall patch areas exposed to view, in a manner resulting in visual qualities that do not show evidence of the patch work. Visually unsatisfactory work as judged solely by the Center shall be replaced by the Contractor at the Contractors expense. Make cuts using methods least likely to damage adjacent facilities and elements to be retained. N. COLLECTION AND DISPOSAL OF WASTE The contractor shall, at the end of each work day, store properly and secure all hazardous and potentially dangerous material substances used in the work. Construction debris shall be collected daily by the contractor and disposed of, off center, in accordance with applicable law. The contractor shall be responsible for all fees, permits, etc., required for construction waste management and disposal. Copies of Certificates of Disposal for hazardous materials must be submitted to the Purchasing Agent. O. CHANGES IN THE WORK Minor changes in the work that, the Center or Contractor may recommend and, do not involve adjustment to the Contract Sum or the Performance time shall be made through written instruction from the Purchasing Agent authorizing the Contractor to proceed with the agreed upon changes. Changes in the work that do involve adjustment to the Contract Sum or the Performance time or both are Contract modifications that shall be executed as Change Orders on AIA Document G 701 or equivalent. Reference the Federal Acquisition Regulation (FAR) 52.243-4. For Contract modifications requested by the Center or initiated by the Contractor, the Contractor shall prepare and submit for approval, a change order proposal. Procedures for preparing and processing change order proposals shall be as follows: The proposal shall include a statement outlining the reason for the change, i.e. unforeseen conditions, product substitution, value engineering, etc. and complete description of the change. Include a list of quantities of products to be purchased and unit costs. Indicate the amount of trade discounts. If product or system substitution is being requested provide complete supporting data from both specified product/system and proposed substitute product/system for evaluation by the Center. Provide additional information to substantiate products and/or systems are equal or better with respect to this project application. Include a statement indicating the effect the proposed change will have on the Contract performance time (number of days added or deleted) and construction schedule. Show the total cost of the proposed change. In such change order proposals that increase the contract. When the Center and the Contractor both agree to the change request as proposed or as modified, the Purchasing Agent will issue a Contract modification, Change Order for the Contractor's signature and the Center Director's signature, approving the change. The Contractor is responsible to keep the work progressing on schedule. Requests from the Center for changes in the work and change order proposals are for information only and shall not be considered as instruction to stop work in progress, or to commence work on the requested change. P. PROJECT COORDINATION (WEEKLY MEETINGS) The Contractor and Center shall hold weekly meetings to facilitate coordination of project activities that may effect Center operations and project completion, discuss administrative issues, submittals, change order requests and proposals, resolve conflicts, update schedules, review progress and payment applications. The meetings will provide a forum for effective and clear communication between the Contractor and the Center during construction and facilitate administration of the Contract. Q. APPLICATION FOR PAYMENT (PROGRESS PAYMENTS TO CONTRACTOR) Submit applications to the center as the work proceeds or at intervals of percentage completion. Schedule of Values - Prior to the first application for payment, the Contractor shall submit the Schedule of Values as a basis for the Center to compute the value of the work completed to date for approval of the progress payment. - The Schedule shall list the installed value of the component parts of the construction work in sufficient detail for the Purchasing Agent to accurately verify the value of work in place. - For payment requests that include stored materials, breakdown the value into: 1. The cost of the materials, delivered and off loaded, with taxes paid (if any), and; 2. The total installed value. To receive payment for stored materials, materials must be stored in a bonded warehouse. Contractor shall provide purchase orders and bonded storage documentation with payment request. - Break down the value of major component parts into sub-values for each major product or construction trade operation. The center shall retain ten percent (10 %) of the requested progress payment amount until substantial completion and acceptance of the installed work. When the work is substantially completed, the center shall retain only an amount considered adequate to complete or correct any unfinished and/or unacceptable items. R. PROJECT CLOSE-OUT Substantial Completion: When the work is substantially complete, the Contractor shall notify the center in writing requesting inspection of the work (refer to sample letter of contractor notice of substantial completion). A substantial completion inspection shall be conducted by the center representatives with the Contractor present to develop a punch list of items that do not meet the intent of the scope of work or are not acceptable workmanship. The Contractor shall repair his work as required until acceptable to the Center. The Center will take occupancy of the completed work and a Substantial Completion Certificate will be issued the Contractor. The date of substantial completion establishes the date of commencement of all manufacturer's product warranties and guarantees, including but not limited to the Contractor's guarantee of workmanship for the period established by the state's statute of limitations. The contractor shall provide to the center at substantial completion, two complete operation and maintenance manuals including manufacturer's product data sheets for all equipment supplied, detailed parts lists and equipment maintenance requirements. In addition, submit certificates of manufacturer's warranties and guarantees for all equipment, materials and work. Final Acceptance: The Contractor shall provide the Center with the following prior to completion of the project and application for final payment: The contractor shall submit a notice of final completion (refer to attached sample letter) and the final pay request indicating 100% completion of all work, including all inspection punch list items along with the following releases: S. FORMS AND LETTERS The following forms are attached for reference or use. Sample, Notice of Substantial Completion Certificate of Substantial Completion Sample, Notice of Final Completion Sample Consent of Surety to Final Payment SAMPLE NOTICE OF SUBSTANTIAL COMPLETION TO: Horizons Youth Services ATTN: Ralph Hill, Purchasing Agent 3875 State Route Highway 181 North Greenville, KY. 42345 Subject: Door & Window Repalcement Contract or PO# ARRA Project #1 Muhlenberg Career Development Center Dear Sir: This letter is to inform you that work on the subject is substantially complete. Attached is a list of all outstanding work to be completed and the estimated date of completion for your review. We respectfully request, prior to the issuing of the Certificate of Substantial Completion, that a walk-through inspection be conducted by your center representatives. If you have any questions or comments, please feel free to contact me. Sincerely, (Contractor Signature) (Date) CERTIFICATE OF SUBSTANTIAL COMPLETION SAMPLE To: Horizons Youth Services Attn: Ralph Hill, Purchasing Agent 3875 State Route Highway 181 North Greenville, KY. 42345 Re: ARRA Project #1 DEFINITION OF SUBSTANTIAL COMPLETION Substantial completion is the stage in construction when the project, or a designated portion thereof, has reached a state of completion which would permit the occupancy and/or use of the facility by the Department of Labor for its intended function. Unless otherwise indicated, the Date of Substantial Completion, as acknowledged by the Government, is also the date of commencement of all warranties and guarantees required by the contract documents. PROJECT OR DESIGNATED PORTION THEREOF INCLUDED: CERTIFICATIONS Construction Contractor I, , of the corporation known as , do hereby certify that the work on the above-referenced project is substantially complete and in accordance with the contract documents. I hereby acknowledge receipt of and agreement with the attached punch list, and further agree to the completion or correction of all work on said punch list within calendar days from the Date of Substantial Completion. I realize that failure to complete or correct all items within the period stipulated may be a breach of contract and will be subject to the sanction of the contract. For all items on the punch list, associated warranties and guarantees will not start until work is completed. Signature Name and Official Title Date Center Representative I, do hereby acknowledge the work on the above referenced project as being substantially complete on behalf of the U.S. Department of Labor, and that the Government will assume full possession and responsibility thereof at , local time, on . . . Signature Name and Official Title Date SAMPLE NOTICE OF FINAL COMPLETION (To be typed on contractor's letterhead) To: Horizons Youth Services Attn: Ralph Hill, Purchasing Agent 3875 State Route Highway 181 North Greenville, KY. 42345 Re: ARRA Project #1 Dear Sir: This letter is to inform you that we have completed all outstanding work as listed on the attachment to the Certificate of Substantial Completion, and all work within our contract. We respectfully request a walk-through inspection of the project by your center representative prior to the project closeout. If you have any questions concerning this, please feel free to contact me. Sincerely, (Contractor Signature) SECTION III. EXTENT OF WORK Building 1407: 69591: Remove one (1) metal door in the recreation pool table room that leads to the computer room. Install one (1) 3'-0" by 7'-0", Interior solid wood doors with vision panel that has a 1.5 to 2.0 hour fire rating on existing frames with new hardware. Install new self closing hinge system and door hardware. Paint may be pre-finished to match existing doors and frame colors. If not pre-finished; Paint new doors and frames to match color of existing doors and frames. Frame will receive one primer coat and two (2) co...