CITY OF SENECA INVITATION FOR BIDS IFB : DEMOLITION SERVICES RESIDENTIAL STRUCTURE

Transcription

1 CITY OF SENECA INVITATION FOR BIDS IFB : DEMOLITION SERVICES RESIDENTIAL STRUCTURE LIGHT & WATER ENGINEERING v: (864) f: (864) The City of Seneca will receive sealed bids at the City Clerk s Office, 221 East North First Street, Seneca, South Carolina for demolition of a residential building for the City. See photos & Bid Specs. Bid Closing: 2:00 P.M. Thursday, Contact Person: Mike Greenman, Engineering Supervisor Telephone: mgreenman@seneca.sc.us Fax: Submission Methods: By Hand: Seneca Municipal Building c/o Mike Greenman 221 E. North First Street P.O. Box 4773 Seneca, SC Fax: Attn. Mike Greenman Note: Label all submissions as Demolition Services Submissions received after Bid Closing date and time are ineligible.

2 INTRODUCTION The City of Seneca (herein, City, Owner) is requesting sealed bids for the demolition of an existing structure. Bids must be submitted on the form contained herein; bids may be submitted via facsimile transmission. The submitted bids shall reference Project Number: IFB , and be clearly labeled on the face of the envelope/page/sheets. Bids must be complete and in U.S. dollars. See instructions and conditions enclosed herein. The Owner reserves the right to reject any and all bids, or any part thereof, negotiate changes in bids, accept any quotes or any part thereof, waive minor informalities or defects in any quotes, and not to award a contract if it is in its best interest. The Owner shall not be held responsible for Bidder s lack of understanding of what is required by this solicitation. Should a Bidder not understand any aspect of this request, or require further explanation or clarification regarding the intent or requirements, it shall be the responsibility of the Bidder to seek guidance from the Owner s designated Project Representative. An Agreement/Contract resulting from this solicitation may be awarded to the responsive Bidder whose quote conforming to this solicitation appears to be the most advantageous to the Owner. Each bidder/responder encouraged to have examined the site. This solicitation is not to be construed as a commitment of any kind nor does it commit the City of Seneca to pay for any costs incurred in the submission of an offer or for any other incurred cost prior to the execution of a valid Agreement/Contract. If a Bidder attaches additional terms and conditions as part of the proposal/quotation, such attachments must be accompanied by a disclaimer stating that in the event of conflict between the terms and conditions of this Invitation for Bids and the terms and conditions of the Bidder/Contractor; the terms and conditions of the Invitation for Bids will prevail. The City reserves the right to reject any or all quotes, waive informalities and minor irregularities, if such action is in its best interest. Please direct all questions concerning this Request for Quotes to: Mike Greenman Seneca Light & Water Engineering P.O. Box 4773, Seneca, SC Telephone: Fax Number: mgreenman@seneca.sc.us. Questions must be submitted print form prior to 4:00 P.M. E.S.T. Tuesday, March 28, Questions submitted after that date and time will not be due a response. Demolition Services 1

3 SECTION I INFORMATION FOR BIDDERS 1. QUALIFICATION 1.1. Bids are being solicited only from responsible and established bidders known to be experienced in the work of demolition, particularly demolition of residential buildings and removal of demolition debris to appropriate disposal sites Satisfactory evidence may be required to substantiate that the bidder has the necessary capital, equipment and personnel to do the work of similar character and scope to that covered in this Invitation for Bids ( IFB ). 2. BIDS 2.1. For a BID to be considered, the RESPONDER shall be legally qualified and authorized to do business in the State of South Carolina prior to the due date of a BID submittal. Each RESPONDER shall, upon request, submit on forms furnished for that purpose a statement of qualifications, experience record in providing the type of services embraced in the IFB, organization and equipment available for the WORK contemplated; a detailed personnel, work experience history, and/or financial statement All bids submitted shall be completed in their entirety in ink or type written on forms provided without alterations or interlineations and shall be subject to all requirements of these instructions to Bidders and all the forms and documents immediately following these and subsequent instructions To be considered, bid proposals must be received at the City Clerk s Office, 221 East North First Street, Seneca SC, , on or before the time specified in the cover letter, and shall be enclosed in a sealed envelope which is clearly labeled Demolition ; or Fax bid proposals with to the attention of Mike Greenman at Telephone Number (864) If unit prices are requested, the cost for each of the several items in bidder s proposal shall include the unit price multiplied by unit quantity for each item and the sum prices represents the total bid. Any bid not conforming to this requirement may be rejected. 3. BID FORM 3.1. Sealed bids must be submitted on the bid forms furnished by the City. All bids must be filled out in ink or typewritten and shall be legally signed with the complete address of the bidder given thereon Bidders not responding to all of information requested in this RFB may have their bids rejected The City of Seneca reserves the right to reject any or all bids and to accept any bid, or portion thereof, which, in their opinion, is most advantageous to the City The CITY reserves the right to reject a BID if available evidence or information does not satisfy the CITY that the RESPONDER is qualified to carry out properly the terms of the project Bids submitted must remain valid for at least sixty (90) days past the response date provided in this IFB. Demolition Services 2

4 4. ALTENATIVE BIDS 4.1. No alternative bids will be considered unless alternative bids are specifically requested. 5. INTERPRETATIONS AND/OR ADDENDA 5.1. A request for any interpretation will be in writing to the City of Seneca, and any such request received at least twenty-four (24) hours, normal business day, prior to the scheduled bid opening will be considered. Questions submitted after 4:00 PM, Tuesday March 28, 2017 will not receive an official reply Every interpretation made will be in writing in the form of an Addendum to the bid package itself and to all know potential responders. 6. BIDDER S RESPONSIBILITIES 6.1. Site Inspection. Each bidder will assume the responsibility for visiting the site of the proposed work and for fully acquainting himself/herself with the conditions existing there relating to demolition and labor, and should fully inform himself/herself as to the facilities involved, the difficulties and restrictions attending the performance of the Work Knowledge of Bid Documents. The bidder is responsible for thoroughly examining and familiarizing himself/herself with the bid documents, any drawings, specifications and addenda Addenda to Bid Documents. All bidders will assume the responsibility to make inquiry as to the addenda issued, knowing that all such addenda shall become part of an Agreement/Contract. All bidders shall be bound by any addenda whether or not it was received or reviewed Claims on Basis of Failure to Receive or Review Information. The successful bidder as acknowledged through the execution of an Agreement/Contract, shall in no way be relieved of any obligation due to his/her failure to receive or examine any form or legal instrument; or relieved due to the failure to visit the site and acquaint himself/herself with existing site conditions. 7. EQUAL OPPORTUNITY EMPLOYMENT REQUIREMENT 7.1. The attention of bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin, nor because the employee or applicant is disable The same shall be applicable to any proposed subcontractors thereof. Bidders attention is called to the duplicate liability for all subcontractors as provided in the various sections and paragraphs of these documents. 8. STATEMENT OF BIDDER S QUALIFICATIONS: ADDITIONAL INFORMATION 8.1. When specifically requested and upon request by the City, each bidder shall submit a Statement of Bidder s Qualification Any bidder shall furnish any data and information requested by the City in its attempt to determine the ability of the bidder to perform his/her obligations under the contract. Demolition Services 3

5 9. BID WITHDRAWALS 9.1. Bidders may withdraw their response any time prior to the BID due date and time. The NOTICE must be signed by the RESPONDER, along with acceptable proof of identification of the person requesting the withdrawal as verification as to that person being an authorized representative of the BIDDER. At the request for withdrawal, the reason(s) for the withdrawal must be specifically stated BIDS cannot be changed or withdrawn after the due date and time. SECTION II GENERAL PROVISIONS 1. SCOPE OF WORK 1.1. The SCOPE of WORK as contained herein is implied as requirement for the completion of the referenced PROJECT. The INVITATION FOR BID PACKAGE and all supplementary documents will become essential parts of an AGREEMENT and are intended to be cooperative to describe and provide for a complete WORK; and the requirements occurring in one are as binding as though occurring in all The WORK shall mean the furnishing of all labor, supplies and material, machinery, equipment, transportation, services, licenses, fees, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and successful complete the PROJECT or any portion of the PROJECT involved and the carrying out of all the duties and obligations imposed by a DEMOLITION AGREEMENT The successful BIDDER shall have informed himself/herself fully of the conditions relating to the project and the employment of labor thereon. Failure to do so will not relieve him/her of the obligation to furnish all material, equipment, and labor necessary to carry out the provisions of a DEMOLITION AGREEMENT/CONTRACT Demolition Project Demolish according current industry standards one (1) dilapidated residential structure; located at 209 East South Second Street, Seneca SC 29678; site coordinates N , W approximate square footage of structure (±1260 square feet) structure is of wood frame construction The successful bidder shall have full salvage rights on building materials only Structure in the demolition area shall be completely razed and all materials shall become the property of the contractor and be removed from the site. Razing shall include, but is not limited to, all items such as walls (including basement and foundation walls) steps, thresholds, except such items as are specifically noted by the City to remain in place. The contractor shall also be required to remove such construction at grade as walks, driveways or other area pavements. Demolition Services 4

6 Wood partitions, stairways, furnaces, piping and other equipment, as well as rubbish and debris located in basements or cellars shall be removed from the site All basement floors or other paving below grade shall be removed from the site Explosives shall not be used in the work; No burning is permitted within the project area The contractor shall remove all debris and dispose of all material from the project site, and leave the ground clear of all materials, rubbish or debris and in a clean and neat condition. All debris shall be disposed of in accordance with all applicable statues, ordinances and regulations of the State of South Carolina and City of Seneca, or any other municipality in which said debris is disposed Contractor shall not close or obstruct any streets, sidewalks, alleys or passageways unless specifically authorized by the City. No materials shall be placed or stored in streets, alleys or passageways. The contractor shall conduct their operations as to interfere as little as possible with the use ordinarily made of any roads, streets, alleys, driveways, sidewalks, etc. nearby Contractor shall preserve and protect all existing trees and shrubs on or adjacent to the site which do not reasonably interfere with the demolition work as may be determined by the City. Contractor shall be responsible for all unauthorized cutting or damage of trees and shrubs including damage due to careless operation of equipment and stockpiling of materials Contractor is cautioned and advised that it is the responsibility of the contractor to identify, remove, or have removed, and lawfully transfer to a licensed landfill all such contaminants that may be found on site. The contractor shall comply with all laws, rules and regulations regarding such removal including, but not limited to, the requirements of federal, state, and local rules related to removal/disposal of hazard materials Work may be performed as weather permits. Saturday and Holiday work is not guaranteed, Seneca Light & Water Engineering is to receive notification / schedule of intent to work. Work on Sundays is not allowed The contractor shall be responsible for contacting the proper authority to determine the presence and location of utility facilities within the DEMOLITION ZONE. And assume the risk of its failure to determine whether the presence of utilities which are to be located have in fact been located. 2. NOTIFICATION & SCHEDULE 2.1. All changes in specifications shall be written in the form of an addendum and furnished to all BIDDERS. The CITY shall not be responsible for any verbal information given by any of its representative of the CITY in regard to this BID ALL RESPONSES TO THIS INVITATION FOR BIDS ARE DUE NO LATER THAN 2:00 PM, THURSDAY MARCH 30, Demolition Services 5

7 SECTION III TERMS / INSTRUCTIONS BID REVIEW AND AWARD: BIDS shall be publicly opened and the names of the RESPONDERS will be disclosed at the opening. The intent is to award a CONTRACT to the RESPONDER that meets the requirements and criteria set forth. However, no decision will be made until the SENECA ENGINEERING DEPARTMENT (as the OWNER/CITY) has had ample time to review each BID. The right is reserved by the CITY to award in whole or in part, by item, group of items, or by sections where such action serves the CITY S best interest. 1. RIGHTS RESERVED: The CITY reserves the right to reject any and all BIDS, any portion thereof, waive any technicalities, and make awards in its best interest. Integrity, reputation, experience and past performance will weigh heavily in BID evaluations. This solicitation does not commit the CITY to award a CONSTRUCTION AGREEMENT, to pay any costs incurred in the preparation of the bid, or to procure or contract for goods or services listed herein. 2. RESPONDERS RESPONSIBILITY: Each RESPONDER shall be fully acquainted with the conditions relating to the scope and restrictions attending the execution of the WORK. The failure or omission of a RESPONDER to be acquainted with existing conditions shall in no way relieve the RESPONDER of any obligations with respect to this BID or to any CONSTRUCTION AGREEMENT as a result of. 3. WAIVER: The CITY reserves the right to waive any portions of Instructions to RESPONDERS, General or Special Terms and Conditions, Specifications, or Technicalities when it is deemed to be in its best interest. 4. REJECTION: The CITY reserves the right to reject any BID that contains prices for individual items or services that are inconsistent or unrealistic when compared to pricing of like kinds, or ambiguous BIDS which are uncertain as to terms, delivery, quantity, or compliance with specifications may be rejected or otherwise disregarded if such action is in the best interest of the CITY. 5. BID FORM: BIDS will be accepted on bound 8½ x11 paper. The RESPONDER must sign his BID with his legal and legible signature. 6. QUESTIONS: Questions shall be submitted to: Mike Greenman, 221 East North First Street, P.O. Box 4773, Seneca SC 29679; or Fax to ; or by to mgreenman@seneca.sc.us. 7. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS: All changes in specifications shall be written in the form of an addendum and furnished to all RESPONDERS. The CITY shall not be responsible for any verbal information given by any of its representative of the CITY in regard to this BID. Demolition Services 6

8 9. NUMBER OF COPIES: Please submit two (2) copies of your BID. 10. BID CHANGES: BIDS, amendments thereto or withdrawal requests received after the advertised time for bid opening, shall be void regardless of when they were mailed. 11. BID PRICE: The BID price presented shall be for the complete PROJECT and life of the CONTRACT period. The BID shall be acceptable for ninety (90) days from the date of opening. All prices and notations shall be printed in ink or typewritten. In the event of, errors should be crossed out, corrections entered and initialed by the person signing the BID. By submittal of a BID, you are guaranteeing that all goods and services meet the requirements of this solicitation. 12. FEDERAL, STATE AND LOCAL LAWS: The Contractor assumes full responsibility and liability for compliance with any and all local, state and federal laws and regulations applicable to the Contractor and his employees including, but not limited to, compliance with the EEO guidelines, the Occupational Safety and Health Act of 1970, and minimum wage guidelines. 13. TIED BIDS: In the case of tie BIDS, the CITY reserves the right to make the award based on what it considers to be in its best interest. 14. DEDUCTION AND HOLDBACKS: In addition to the right of termination, CITY shall be entitled to full reimbursement for any costs incurred by reason of the Contractor s failure to perform or to satisfactorily perform its responsibilities and duties. Such costs may include, but are not limited to, the cost of using alternate sources to perform the obligations of the DEMOLITION AGREEMENT. Reimbursement may be obtained by deduction from payments otherwise due to the Contractor or by any other proper and lawful means. All deductions from any money due the Contractor are to be as liquidated damages and not as a penalty. It is the intent to give the Contractor a reasonable opportunity whenever practicable, to correct any such failure to perform or satisfactorily perform its responsibilities and duties. In no circumstances shall any uncorrected situation extend for more than five days. The following deductions shall be from the CONTRACT SUM in the event the Contractor fails to perform any of the required work within the required time limits, and CITY carries out the work using alternate sources. 1. For use of CITY'S alternate sources - actual cost involved. 2. For use of another Contractor - the amount charged by said Contractor. CITY reserves the right to hold back and/or withhold part of complete payments for unsatisfactory work, deficiencies, etc. until said defects are satisfactorily corrected or cleared. 15. QUALITY: Unless otherwise indicated, it is understood and agreed that any items offered or supplied for this PROJECT shall be new and in first class condition unless otherwise indicated herein. Demolition Services 7

9 16. PARTICIPATION -AFFIRMATIVE ACTION: The successful RESPONDER will take affirmative action in complying with all Federal and State requirements concerning fair employment and treatment of all employees, without regard or discrimination by reason of race, color, religion, age, sex, national origin or physical handicap. 17. DEFAULT: In the event of default by the Contractor, the CITY may procure the items or services from other sources and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by proceeding against the Contractor s Performance Bond, if any, and/or by suit against Contractor. 18. TERMINATION FOR CAUSE: The DEMOLITION AGREEMENT may be subject to termination for failure to comply with the specifications, terms and conditions of the CITY or the Contractor upon written notice by registered mail. Such termination will be effective not less than ten (10) days and not more than sixty (60) days after receipt of such notice from the CITY, or less than thirty (30) days and not more than sixty (60) days after receipt by the CITY from the Contractor. Receipt of notice by one party to terminate the AGREEMENT will nullify any subsequent reciprocal notice by the receiving party prior to the announced termination date. In the event of termination, the CITY is responsible to pay the Contractor only for work satisfactorily completed upon the effective date of termination and shall not be responsible for any other charges. 19. TERMINATION FOR CONVENIENCE: The CITY may terminate for convenience any DEMOLITION AGREEMENT resulting from this solicitation by providing a 10-day advance written notice to the Contractor. 20. NON-APPROPRIATION: Any AGREEMENT entered into by the CITY resulting from this request shall be subject to cancellation without damages or further obligation when funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period or appropriated year. 21. INCORPORATION OF BIDS INTO CONTRACT: The terms, conditions, and specifications of this BID and the selected firm's response are to be incorporated, in total, into the DEMOLITION AGREEMENT. 22. S.C. LAW CLAUSE: Upon award of a DEMOLITION AGREEMENT under this Bid, the person, partnership, association or corporation to whom the award is made must comply with the laws of South Carolina which require such person or entity to be authorized and/or licensed to do business with this State. Notwithstanding the fact that applicable statutes may exempt or exclude the successful RESPONDER from requirements that it be authorized and/or licensed to do business in this State, by submittal of this signed Bid, the RESPONDER understands and agrees to be bound to the jurisdiction and process of the courts of the State of South Carolina, as to all matters and conflicts or future conflicts under the DEMOLITION AGREEMENT and the Demolition Services 8

10 performance thereof, including any questions as to the liability for taxes, licenses, or fees levied by the State. 23. ILLEGAL IMMIGRATION REFORM ACT COMPLIANCE: By submitting an offer, the RESPONDER certifies that it will comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws (originally enacted as Section 3 of The South Carolina illegal Immigration Reform Act, 2008 S.C. Act No. 280) and agrees to provide upon request any documentation required to establish either: (a) the applicability of Title 8, Chapter 14 to Contractor and any Subcontractors or sub- Subcontractors; or (b) the compliance with Title 8, Chapter 14 by Contractor and any Subcontractor or sub-subcontractor. Pursuant to Section , "A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony and upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both." Contractor agrees to include in any contracts with its Subcontractors language requiring the Subcontractors to (a) comply with the applicable requirements of Title 8, Chapter 14, and (b) include in any contracts with the sub-subcontractors language requiring the sub-subcontractor to comply with the applicable requirements of Title 8, Chapter 14. In the event any Contractor, Subcontractor, and/or sub-subcontractor is found not to be in compliance with the SC Immigration Reform Act [hereinafter the Act"], the Contractor shall agree to fully indemnify the CITY OF SENECA for any loss suffered as a result of such Contractor, Subcontractor or sub-subcontractor's failure to comply with the Act. 24. ASSIGNMENT CLAUSE: The successful RESPONDER will be required to give a fifteen (15) day notice in the event of a change in the ownership of negotiated DEMOLITION AGREEMENT. The CITY is under no obligation to continue the AGREEMENT with an assignee. No AGREEMENT or its provisions may be assigned, sublet, or transferred without the written consent of the CITY. 25. INDEMNIFICATION: The Contractor shall agree to indemnify and save harmless the CITY and its officers, agents and employees from any and all claims, suits, actions, legal proceedings, damages, costs, expenses & attorney fees of every name and description, arising out of or resulting from the use of any materials furnished by the Contractor, or any work done in the performance of the AGREEMENT arising out of a willful or negligent act or omission of the provider, its officers, agents and employees; provided that such liability is not attributable to a willful or negligent act or omission on the part of the CITY, its officers, agents and employees. 26. DEVIATIONS FROM SPECIFICATIONS: Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and the successful RESPONDER will be held responsible therefore. Deviations must be explained in detail on separate attached sheets(s). The listing of deviations, if any, is required but will not be construed as waiving any requirements of the specifications. RESPONDERS offering substitute or equal items must provide information sufficient enough to determine acceptability of item offered. Demolition Services 9

11 27. MINOR DEVIATIONS: The CITY reserves the right to negotiate minor deviations from the prescribed terms, conditions and requirements with the selected Contractor. 28. CONTRACTOR LICENSE REQUIREMENT: The Contractor shall procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of his business. He shall keep himself fully informed of existing and future Federal, State, and Local Laws, ordinances and regulations which in any manner affect the fulfillment of his contract and shall comply with the same. 29. CONFLICT OF INTEREST STATEMENT: The Contractor may become involved in situations where a conflict of interest could occur due to individual or organizational activities within the CITY. The RESPONDER, by submitting a BID, is in essence assuring the CITY that his company, and/or subcontractors, is in compliance with all federal, state, and local conflict of interest laws, statutes, and regulations. 30. INSURANCE: The Contractor shall not commence work under the associated CONSTRUCTION AGREEMENT until it has submitted a Performance Bond (100% of total BID), Certificate of Insurance (Worker s Compensation, Automobile Liability, and Professional Errors and Omissions, as regards ongoing operations, products and completed operations), and other applicable fees or licenses; and the Contractor shall not allow any subcontractor to commence work on subcontracts until all similar requirements of the subcontractor have been obtained. All insurance policies shall be maintained for the life of the AGREEMENT. A. The Contractor shall submit a Certificate of Insurance within 10 working days from the date of Notice of Award. B. As part of the Certificate of Insurance requirements, the Contractor shall also include acknowledgement and acceptance of the waiver of subrogation provision granted to the CITY. C. Contractor will provide CITY a minimum 30-day advance notice in the event the insurance policies (or an insurance policy) are canceled. Subcontractors approved to perform work on this project are subject to all of the requirements in this Section. D. Contractor agrees to maintain and keep in force during the life of this AGREEMENT, with a company or companies authorized to do business in South Carolina, the following insurance policies: Comprehensive General Liability: $1,000,000 per occurrence - combined single limit / $2,000,000 general aggregate, to include products and completed operations. Automobile Liability: $1,000,000 per occurrence - combined single limit (Coverage shall include bodily injury and property damage and cover all vehicles including owned, non-owned and hired) Demolition Services 10

12 Statutory Worker's Compensation: Coverage A - State of South Carolina; Coverage B - Employers liability $1,000,000; Each Accident $1,000,000; Disease, Per Employee $1,000,000; Policy Limit. Policy shall contain a waiver of subrogation against the CITY, its departments, agencies, boards, employees, and commissions for losses from work performed by or on behalf of the Contractor Umbrella Excess Liability: $1,000,000 per occurrence over primary insurance $1,000,000 annual aggregate Professional Errors and Omissions: $1,000,000 per occurrence for Professional Design $5,000,000 per occurrence for actual construction limits Policy should state "The limits are not to have been decreased by past liability which could substantially impact the availability of these limits." No deviation from the above coverage will be accepted unless, in the City's sole discretion, it is more advantageous i.e., $1,000,000 -a $2,000,000 or $5,000,000 limit would be acceptable. 32. CONTRACTS: The CITY reserves the option to prepare and negotiate its own contract with the selected RESPONDER as the PROJECT CONTRACTOR, giving due consideration to the stipulations of the CONTRACTOR S contracts and associated legal documents. RESPONDERS should include with the submittal a copy of their STANDARD CONTRACT form. The CONSTRUCTION AGREEMENT document shall mean and includes the following: A. Bidder s Response to Invitation for Bid B. Bid Material Price List C. Agreement D. Notice of Intent to Award E. Notice of Award F. Notice to Proceed G. Project Addenda H. Project Specifications I. Photos, Drawings, etc. for Project 33. CONTRACTOR LIABILITY: The Contractor assumes full responsibility for performance of the work. The Contractor shall indemnify and save the CITY harmless from all claims, losses, expense, or suits, damages to property, and from all liens, losses, expenses, claims or causes of action of any sort which may arise out of the performance of the WORK. The Contractor will be solely responsible for compliance with code requirements, all dimensions, and all conditions relating to the work for this PROJECT. Demolition Services 11

13 34. NON-COLLUSION: The Contractor shall expressly warrant and certify that neither the Contractor nor its employees or associates directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in conjunction with this BID. 35. PROHIBITION OF GRATUITIES: Neither the Contractor nor any person, firm or corporation employed by the Contractor in the performance of the contract shall offer or give, directly or indirectly, any employee or agent of the CITY, any gift, money, or anything of value, or promise any obligations, or agreement for future reward or compensation at any time during the term of the DEMOLITION AGREEMENT. (Reference South Carolina Code of Laws Title 8, Chapter 13) 37. PUBLIC RECORD: The CITY is a public body and governed by the South Carolina Freedom of Information Act. Documents submitted relating to this IFB is subject to requirements of the Freedom of Information Act and may be deemed public records. 38. PRECEDENCE: In the event of conflict between the terms and conditions and the specifications, the more restrictive instruction shall take precedence unless stated otherwise in the specifications. Demolition Services 12

14 DEFINITIONS Whenever used anywhere in these documents, the following meanings shall be given to the term defined: ADDENDA OR ADDENDUM Any changes, revisions, additions or clarifications of or to the contract documents which have been duly issued by the City of Seneca to bidders prior to the time of awarding or executing the Contract Agreement. AUTHORIZED REPRESENTATIVE Any person or persons authorized to represent the City of Seneca for the purpose of directing or having in charge the proposed work embraced, acting directly or indirectly through the responsible party having general charge of this work, and/or for monitoring, coordinating and inspecting the work and activities involved. BID / QUOTE / BID PROPOSAL The written offer from the bidder, on the form furnished by the City, for the work proposed. BID BOND/GUARANTY The security required in these documents and furnished by the bidder as a guaranty of good faith to enter into a contract for the work proposed. BIDDER, PRIME BIDDER, RESPONDER That individual, corporation or firm submitting a bid, bid proposal for consideration by the City to perform the work proposed in these documents. CITY - CITY of SENECA The City of Seneca and/or its authorized representative(s); also may be referred to in portions of these documents as owner, grantee, local public agency, or local government. CITY COUNCIL The governing body of the City of Seneca which retains the right of final approval of all contractors, subcontractors, contracts and payments under any contracts. CONTRACT The Agreement executed by the City and the contractor, of which this section is a part. CONTRACT DOCUMENTS Means and shall include the executed agreement, any Addenda, Invitation for Bids, Instructions to Bidders, signed Bid Proposal, all parts and sections of the General, Technical and/or Special Specifications, any drawings, maps, plans, etc., and any forms or formats and documents included within the book forming these documents. CONTRACT PERFORMANCE Complying with contract documents for successful project completion by performing the necessary. CONTRACT PRICE That figure agreed upon through the bidding procedure as acceptable to the City and indicated as such in the Agreement executed by the Contractor and the City. CONTRACT TIME The date for completion or length of time until completion of the work embraced, and as stipulated in an agreement executed between the Contractor and the City. Demolition Services 13

15 CONTRACTOR or SUCCESSFUL BIDDER The person, corporation, or firm, whose bid accepted by the City resulting in the execution of an agreement/contract to perform work under the terms of the documents. DRAWINGS/PLANS Approved drawings or reproduction of drawings pertinent to the construction or details of the work covered by this contract. PERFORMANCE BOND The statutory bonds, executed by the contractor and a surety, guaranteeing the performance of the contract and the payment of all lawful indebtedness pertaining thereto. SITE Also referred to as PROJECT SITE or PROJECT AREA, indicating the location of the project as generally described in these documents. SUBCONTRACT An agreement executed by the contractor with another individual, corporation or firm for work or a portion of the embraced work. SUBCONTRACTOR A person, corporation or firm supplying labor and/or materials for work at the site of this project for the contractor under a subcontractor. SURETY The corporate body which is bound with and for the contractor for the performance of this contract and for the payment of all lawful indebtedness pertaining thereto. SPECIFICATIONS GENERAL Refers to specifications pertinent to the performance of any City project anticipated to exceed $5,000. SPECIFICATIONS SPECIAL Refers to special information items pertinent to only this project and includes project and includes project description, location, measurements, maps, drawings, etc. SPECIFICATIONS (without particular included as above) Refers to General Specifications, Technical Specifications and/or Special Specifications outlined in this document. WORK ON (OR AT) THE PROJECT OR PROJECT SITE Work to be performed under contract at the location of this project, including transportation of materials and supplies to or from the site by employees of the contractor and/or subcontractors. Demolition Services 14

16 EXHIBIT - 1 DEMOLITION SITE PROJECT: IFB Wood Frame Structure is approximately 1260 Square Feet Location: 209 East South Second Street Seneca, South Carolina Coordinates: N , W Demolition Services 15

17 Appendix A Certification Regarding Debarment & Other Responsibility Matters Signed copies of the Certification Regarding Debarment and Other Responsibility Matters must be included in the proposal package. By submitting a Quote, the responder/bidder certifies, to the best of his/her knowledge and belief, that: I. Responder and/or any of its Principals (A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency; (B) Have not, within a three-year period preceding this quote, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of quotes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and (C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission or any of the offenses enumerated in paragraph I (B) of this provision. II. Bidder has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any public (Federal, state, or local) entity. (A) Principals, for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; business manager; head of a subsidiary, division, or business segment, and similar positions). (B) Bidder will provide immediate written notice to the Owner if, at any time prior to contract award, Bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (C) If the Bidder is unable to certify the representations stated in paragraphs (I), Bidder must submit a written explanation regarding its inability to make the certification. The certification will be considered in connection with a review of the Bidders responsibility. Failure of the Bidder to furnish additional information as requested by the Owner may render the Quote non-responsive. (D) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (A) of this provision. The knowledge and information of a Bidder is not required to exceed that which is normally possessed by a prudent person in the Demolition Services 16

18 ordinary course of business dealings. (E) The certification in paragraph I (A) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Bidder knowingly or in bad faith rendered an erroneous certification, in addition to other remedies available to the City of Seneca, the Owner, may terminate the Agreement/Contract resulting from this solicitation for default. Authorized Signature Date Demolition Services 17

19 QUOTE SUBMISSION FORM Appendix B City of Seneca Demolition Services BIDDER'S QUESTIONNAIRE Note: Failure to provide the information requested in this questionnaire may be cause for rejection of the solicitation on the basis of non-responsiveness. Name of Your Business: Street Address: Mailing Address if Different: City: State: Mailing Zip: Telephone: Fax: How many years has the business been under the above name? Previous business name(s) if any: My Quote Acceptance Period is Days. (Quotes providing less than thirty (30) calendar days for acceptance may be considered non-responsive and may be rejected.) Are you acting as a broker or the primary supplier in this transaction? Primary Supplier Broker Business Information (Please check all that apply): My business is Individual My business is a Partnership My business is a Non-Profit My business is a Joint-Venture My business is a Corporation incorporated under the laws of the State of My business is full-time My business is part-time Demolition Services 18

20 The Bidder shall list any variations from or exceptions to the Terms, Conditions or Specifications of the Solicitation: Completed by: Title: Signature: Date: Demolition Services 19

21 QUOTE FORM Appendix C City of Seneca Demolition Services Prices quoted must include all applicable cost and appurtenances to demolition project site: 209 East South Second Street, Seneca, South Carolina 29678; and comply with the specifications. Base Unit (Price must include all equipment, materials, tools, appurtenances, specifications, and warranty) Lump Sum Price: $ TOTAL QUOTE Dollars ($ ) Amounts are shown both in words and figures. If any discrepancy; the amount shown in words shall govern. The above quote prices includes all labor, materials, and equipment, as required; cleaning, removal, overhead, profit, fees, insurance, etc., to cover the several kinds called for. COMPANY NAME COMPANY ADDRESS CONTACT PHONE NUMBER SIGNATURE BY AND FOR THE BIDDER PRINTED NAME OF ABOVE BIDDER DATE OF QUOTE CONTACT City of Seneca reserves the right to reject any or all quotes and to waive any irregularities as deemed necessary. Demolition Services 20