BID PROPOSAL FOR RFB-DCC Computer Room Air Conditioning Replacement. March 27, 2015

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1 BID PROPOSAL FOR March 27, 2015 DUTCHESS COMMUNITY COLLEGE 53 PENDELL ROAD POUGHKEEPSIE, NY Thomas M Duffy Purchasing Agent Dutchess Community College

2 Dutchess Community College TABLE OF CONTENTS Division 01 Bidding and Project Requirements Section Index to Drawings Section Notice to Bidders Section Project Notice Section General Information/Conditions to Bidders Instructions to Bidders AIA DOC. A Division 02 Bid Submittals Section Form for Bidding Section Non-Collusive Bidding Certification Section Certification of Compliance with the Iran Divestment Act Section Indemnity Clause Division 03 Contracting Requirements Section Notice of Award Section Standard form of Agreement - Owner and Contractor Section General Conditions of the Contract - AIA DOC. A Section Performance Bond AIA DOC A Section Labor and Material Payment Bond AIA DOC A Division 04 General Requirements Section General Municipal Law Section Prevailing Wages Section Application for Payment Application and Certificate for Payment - AIA DOC G702/G Affidavit of Payment of Debts and Claims - AIA DOC G Affidavit of Release of Liens - AIA DOC G706A-1994 Consent of Surety Company to Final Payment - AIA DOC G Certificate of Substantial Completion - AIA DOC G704 NYS Labor Law, Section 220-A - Prime Contractor's Certification Section Insurance Requirements Division 05 Project Requirements/Specifications Section Summary of Work Section Cutting and Patching Section Shop Drawings, Submittals, Product Data and Samples Submittal Log Sample Section Project Closeout Section Cleaning Up Division 23 Heating, Ventilating, and Air-Conditioning (HVAC) Section Demolition Section Identification for HVAC Piping and Equipment Section HVAC Piping Insulation Section Direct-Digital Control System for HVAC Section HVAC Piping Section Refrigerant Piping Section Air Cooled Refrigerant Condensers Section Computer Room Air Conditioners Floor Mounted Division 26 Electrical Section Minor Electrical Demolition Section Low-Voltage Electrical Power Conductors and Cables Section Grounding and Bonding for Electrical Systems Section Hangers and Supports for Electrical Systems Section Conduit Section Boxes Section Identification for Electrical Systems Section Enclosed Switches

3 DUTCHESS COMMUNITY COLLEGE Division 01 Bidding and Project Requirements Bidding and Project Requirements Division 01

4 Dutchess Community College Drawings: M-0 Symbols List and Schedules M-1 Partial Roof & Second Floor Plans SECTION INDEX TO DRAWINGS END OF SECTION Section 01100

5 NOTICE TO BIDDERS The Board of Trustees of Dutchess Community College, Poughkeepsie, New York (in accordance with Section 103 of Article 5A of the General Municipal Law) hereby invites the submission of sealed bids on: : Beginning immediately, the Bidding Documents including specifications and bid forms may be examined and obtained from the Office of Purchasing at Dutchess Community College., Bowne Hall, Room 205, Poughkeepsie, New York. Official bid copies may be advertised and /or obtained on the following website: Bids will be received until 2:00 pm on the 14 th day of, April 2015 in the Office of Purchasing, Dutchess Community College, Bowne Hall, Room 205, Poughkeepsie, New York, at which time and place all bids will be publicly opened and read aloud. A pre-bid meeting, followed by a site visit, will be held on April 2 nd at 10:00 am. Interested parties shall meet at Dutchess Community College, Bowne Hall, Room 211. Although not mandatory this visit is recommended. All questions pertaining to the bid must be received no later than April 6 th and must be in writing to the purchasing agent at Dutchess Community College as outlined in the Bid Document; Article of the Instructions to Bidders, Section A Performance Bond and Labor and Material Payment Bond in the amount of the contract price, as outlined in the contract documents, will be required from the successful bidder. All submitted bids shall be sealed and distinctly marked: Proposal for Bid: : Computer Room Air Conditioning Replacement Opening Date April 14, 2015 and shall be mailed directly to the Office of Purchasing, Dutchess Community College, 53 Pendell Road, Poughkeepsie, New York The Board of Trustees reserves the right to waive irregularities and accept or reject any or all bids, or any part of any bid and may re-advertise for new proposals, if the best interest of Dutchess Community College will be served. Dated: March 27, 2015 Thomas M Duffy Purchasing Agent Dutchess Community College Section 01115

6 Dutchess Community College SECTION PROJECT NOTICE Please take notice: These documents and accompanying drawings are for Bid to cover as follows: Air Conditioning System for Campus Computer Center Server Room The project shall commence upon Notice of Award. Substantial completion is to be August 1, 2015 with final completion of all work no later than August 15, The General Contractor is required to make provisions for all work in the project site, based on these schedules. Project Contacts: Bidding and Procurement: Thomas M. Duffy, Purchasing Agent (845) Dutchess Community College 53 Pendell Road Poughkeepsie, NY Project Management: Bridgette Anderson, Associate Dean of Administration for Campus Facilities (845) Dutchess Community College 53 Pendell Road Poughkeepsie, NY Contract and Payment Administration Lisa Keto, Assistant to the Dean of Administration (845) Dutchess Community College 53 Pendell Road Poughkeepsie, NY Engineer: Jeffrey Manor, P.E ext. 116 Principal Friedman Fisher Associates, P.C. 22 Aviation Road Albany, NY Section 01116

7 Dutchess Community College SECTION GENERAL INFORMATION/CONDITIONS FOR BIDDERS 1. Should the bidder find discrepancies or omissions in the specifications, he shall notify the Purchasing Department, at once, and the Purchasing Department will send written instructions to all bidders. The Purchasing Department will not assume responsibility for any oral instructions, or interpretations of meaning of the specifications or other contract documents to any bidder by any person or persons. 2. All bids shall be made out on the proposal forms attached hereto and all the attached certificates must be completed and signed in compliance with the provisions of the General Municipal Law. 3. All prices shall remain firm for forty-five (45) days unless otherwise stated. No bidder may withdraw a bid within forty-five (45) days after the actual date of the opening thereof. Any bid may be withdrawn without prejudice prior to the official bid opening time or any publicized postponement thereof. 4. Where the specifications employ a trade name or the name of a product of a particular supplier, it is intended that such name is for descriptive purposes only to indicate the type of product desired and that any substantially equal product will be accepted. If a bidder offers a substitution (alternate), he shall provide with his bid proposal the necessary catalog tear sheet, literature, specifications, etc., sufficient to enable the College to make a determination as to the acceptability of the proposed substitution (alternate). Failure to provide such information with the bid proposal will be sufficient reason for rejection of bid. In the event the specifications fail to state a catalog number or brand name, these specifications shall be deemed to require an article of good quality, finish, design, workmanship, durability, and suitability for the use intended. The acceptance of the merchandise is not final until after delivery and testing of the substituted (alternate) items. 5. Equipment and material specified is to be delivered to the areas designated by the College, and the successful bidder is to be responsible for the cost. 6. Any bidder, contractor, or manufacturer who, in the course of his work, uses or supplies products which may be toxic or harmful, shall provide SDS material sheets to the Purchasing Department prior to the use of those products by the College. 7. The Board of Trustees reserves the right to waive irregularities and accept or reject any bid or any part of any bid. 8. Dutchess Community College reserves the right to award contract on the basis of overall advantage to purchaser with respect to the aggregate of separate items and estimated overall requirements, i.e., the right is reserved to award separate items to different vendors. The College reserves the right to accept a combined total bid if the aggregate is beneficial to the College. The College also reserves the right to increase or decrease the quantities of individual items, the total price to be adjusted in accordance with the unit price quoted. 9. In determining the qualifications of a bidder, the College will consider his record in the performance of any contracts for similar services or products in which he may have entered with other public bodies; and the College specifically and expressly reserves the right to reject the bid of such bidder if the record discloses that such bidder, in the opinion of the College, has not properly performed such contracts or has habitually and without just cause neglected the Section 01120

8 Dutchess Community College payment of bills or has otherwise disregarded his obligations to employees or the public he serves. The College may make such investigation as it deems necessary to determining the ability of the bidder to perform the terms of the contract and the bidder shall furnish the College all information for this purpose as the College may request. CONDITIONAL BIDS WILL NOT BE ACCEPTED. 10. Any merchandise provided under the contract which is, or becomes, defective during the guarantee period shall be replaced by the successful bidder free of charge with the specific understanding that all replacements shall carry the same guarantee as the original equipment. 11. INDEPENDENT CONTRACTOR: The CORPORATION / CONTRACTOR/ AGENCY / CONSULTANT, is an independent contractor and covenants and agrees that it, its agents, servants and/or employees, will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the COUNTY, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of the COUNTY including, but not limited to, Worker s Compensation coverage, unemployment insurance benefits, Social Security Coverage or retirement membership or credit. 12. ASSIGNABILITY OF CONTRACT: The Contractor is prohibited from assigning, transferring, conveying, sub-contracting or disposing of this contract, or of any part thereof, or any payment to become due thereunder, or of his right, title or interest therein or his power to execute such contact to any other person or corporation without the previous consent in writing of the OWNER awarding the contract. If the Contractor fails to comply with this clause, the owner may immediately declare breach of contract. 13. COMPLIANCE WITH LAWS: The Contractor shall comply with all the provisions of laws in the State of New York and of the United States of America which affect municipalities and municipal contracts, and more particularly the Labor Law, the Immigration and Naturalization Laws and Regulation, the General Municipal Law, the Workers Compensation Law, the Lien Law, Personal Property Law, State Unemployment Insurance Law, Federal Social Security Law, State, Local and Municipal Health Laws, Rules and Regulation, and any and all regulations promulgated by the State of New York and of amendments and additions thereto, insofar as the same shall be applicable to any contract awarded hereunder with the same force and effect as if set forth at length herein. The bidder s special attention is called to those laws which are set forth in detail below: 14. For Capital ( Public Work ) Projects Only: This project is a Public Work project and is subject to all provisions contained in the New York State Labor Law. Any Contractor submitting a bid on this project shall acknowledge that said project is Public Work, shall agree to comply with all Federal, State and local laws, rules and regulations relating to the work to be performed including but not limited to Article 8 of said law, and shall pay prevailing wage rates for the locality established by the New York State Department of Labor, to all laborers, workers and mechanics, and shall require all subcontractors to do the same. In order to insure compliance with these provisions, the College shall be entitled to review and/or audit the Contractor s payroll records from time to time, receive certified copies of payrolls, and may require the Contractor to make said records available to the College either at the Contractor s place of business or, at the option of the College, to submit certified copies with requests for payment or at such other times as the College may require. Each bidder must provide an affirmative statement that the bidder has not been found guilty of a willful violation of the New York State Labor Law for failure to pay prevailing wages and Section 01120

9 Dutchess Community College supplements, as those terms are defined by the New York State Labor Law, within the twelve (12) months immediately preceding the submission of the bid. In the event that the Contractor shall fail, in one or more instances, to pay the prevailing wages and supplements in accordance with Article 8 of the New York State Labor Law, Section 220 et seq. and as described herein, it shall be considered a material breach of the contract. For the breach or violation of this provision, without limiting any other rights or remedies to which the College or any individual may be entitled or any civil or criminal penalty for which any violator may be liable, the College shall have the right, in its discretion, to terminate the contract immediately on notice. In such event, the Contractor shall be liable to the College for any additional costs incurred by the College in the completion of the project. The conditions contained herein are designed to encourage compliance with the Labor Law and to provide a greater means to detect violations. In the event violations are detected, either by the College or otherwise, the remedies contained in said law shall be exclusive and shall not create any obligations by the College to enforce said law on behalf of anyone nor create any rights on behalf of anyone against the College. A unique prevailing wage rate schedule has been assigned to this project. It is PRC# NEW YORK STATE OSHA 10-HOUR CONSTRUCTION SAFETY AND HEALTH COURSE S1537-A: This provision, effective July 18, 2008, is an addition to the existing prevailing wage rate law, Section 220, section 220-h. It requires that on all public works projects of at least $250, all laborers, workers, and mechanic working on the site, be certified as having successfully completed the OSHA 10 hour construction safety and health course. Rules and regulations may be viewed on the NYSDOL website Bidders must agree to conform to Section 103-a, b, c and d of the General Municipal Law of the State of New York, a copy of which text is appended hereto. 17. Dutchess Community College is an equal opportunity employer and expects Vendor/Contractor to comply with Federal and State Anti-Discrimination Laws. 18. It is the policy of the State University of New York to take affirmative action to ensure that minority business enterprises are given the opportunity to demonstrate their ability to provide the University with goods and services at competitive prices. 19. The successful Bidder is required to submit to the College with the monthly Requisition for Payment Certified Payrolls for all work performed on the project. 20. Dutchess Community College is established under authority of the State of New York and is entitled to exemption from New York State, Federal and Local taxes. 21. PLEASE NOTE: In order to keep our vendor files current, the College would appreciate a response to this bid even if you do not wish to bid at this time. 22. NON-COLLUSIVE BIDDING CERTIFICATION FORM MUST BE FILLED OUT AND RETURNED WITH BID; FAILURE TO DO SO CAN DISQUALITY BIDDER. 23. Bids which have been corrected by white out or cross out, and have not been initialed and/or dated will be rejected as unresponsive. Section 01120

10 Dutchess Community College 24. Delivery: FOB Dutchess Community College. Delivery of equipment and materials shall be made only between the hours of 8:00 AM and 3:00 PM, Monday thru Friday. 25. The contract, if awarded, will be to the lowest responsive/responsible bidder(s) in part or in whole who meet(s) all the terms of the specifications. Dutchess Community College guarantees no minimum or maximum purchases or contracts as a result of award of this bid. Dutchess Community College reserves the right to allow all municipal and not for profit organizations authorized under the General Municipal Laws of the State of New York, to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to NYS GML 100 through 104. However, it is understood that the extension of such contracts are at the discretion of the vendor and the vendor is only bound to any contract between Dutchess Community College and the vendor. Additionally, the College reserves the right to purchase any goods or services included as a part of this bid from any means legally available to it at any time. Section 01120

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19 DUTCHESS COMMUNITY COLLEGE Division 02 Bid Submittals Bid Submittals Division 02

20 Dutchess Community College SECTION FORM FOR BIDDING NOTE: To be considered, bids must be submitted using this Bid Form and shall be submitted in duplicate. DATE: Pursuant to, and in compliance with the Invitation to Bid and the Instructions to Bidders relative thereto and all of the Contract Documents, including any Addenda issued by the Engineer, whether received by the undersigned or not, we hereby propose to furnish all plant, labor, materials, supplies, equipment and other facilities necessary or proper for, or incidental to the construction of the entire work, all in strict accordance with the provisions of the Drawings and Specifications entitled, dated March 27, 2015, all to the satisfaction and approval of the Engineer and the Owner in accordance with the terms and conditions of the Contract Documents for the following sum(s): A. BASE BID: Furnishing and Installing Dollars ($ ) Base Bid B. ESTIMATED WORK DAYS TO COMPLETE PROJECT: Days C. MANUFACTURERS PROPOSED (include manufacturers literature with bid): Manufacturers Literature Attached: Note: For all specifications and details included in the Project Documents where a brand name, trade name, catalog reference, or patented commodity is referenced, the term "or equal" is understood to apply. References to such specific commodities are intended as descriptive, and not restrictive. When in the specifications, two or more kinds, types, brands, or manufacturers of materials are named they are regarded as the required standard of quality and are presumed to be equal. The Contractor may select one of these items or, if the contractor desires to use any kind, type, brand, or manufacturer of material other than those named in the specification, he shall indicate in writing, per the Form for Bidding, what kind, type, brand, or manufacturer is included in the base bid for the specified item. Comparable products will be considered if proof of comparability is provided, including appropriate catalog excerpts, descriptive literature, specifications and list data, etc. This identification of substitutions/equivalent products is required of all Bidders as part of their Bid. D. AFFIRMS 1. The undersigned affirms and agrees that this Proposal is a firm one which remains in effect and will be irrevocable for a period of forty-five (45) days after opening of Bids. This Bid may be withdrawn at any time prior to the scheduled time for the opening of Bids or any authorized postponement thereof. 2. The undersigned agrees, if notified of selection for award of contract, to furnish to the Owner all submissions and bonds required by the Bidding Documents. E. EXECUTION OF CONTRACT 1. If written notice of acceptance of this bid is mailed, telegraphed or delivered to the undersigned within forty-five (45) days after the date of the opening of the bids, or any time thereafter should the Proposal not be withdrawn, the undersigned will, within five (5) days of such notice, execute the Form of Agreement with the Owner as indicated in these Documents. 2. The undersigned further agrees, if awarded contract, to furnish to the Owner all submissions and Page 1 of 2

21 Dutchess Community College SECTION FORM FOR BIDDING Certificates of Insurance required by the Contract Documents. 3. The undersigned agrees to comply with the requirements as to the conditions of employment, wage rates, etc., set forth in these Documents. F. ADDENDA 1. Any addenda issued by the Engineer and mailed or delivered to the undersigned prior to the Bid opening date shall become part of the Contract Documents. The Bidder shall enter on this list any addenda issued after this Form of Proposal has been received and shall record receipt of and date of each addenda. Receipt of the following addenda is acknowledged: No. 1 No. 2 No. 3 Date: Date: Date: and the provision(s) thereof is (are) included in this Bid. G. TYPE AND PLACE OF BUSINESS 1. The undersigned hereby represents that it is a (underline one) Corporation, Partnership or a Sole Proprietorship. If a Corporation, the undersigned further represents that it is duly qualified as a Corporation under the laws of New York State and it is authorized to do business in this State. Name: Title: Name of Firm: Address: Telephone: Required materials for Bid Submittals. Cut Sheets Manufacturer's warranty Page 2 of 2

22 Dutchess Community College By submission of this bid or proposal, the bidder certifies that: NON-COLLUSIVE BIDDING CERTIFICATION (a) (b) (c) (d) (e) This bid or proposal has been independently arrived at without collusion with any other bidder or with any competitor or potential competitor; This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids or proposals for this project, to any other bidder, competitor or potential competitor; No attempt has been or will be made to induce any other person, partnership or corporation to submit a bid or proposal; The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder as well as to the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal in behalf of the corporate bidder. SIGNED (Title) RESOLUTION FOR CORPORATE BIDDERS ONLY RESOLVED that be authorized to sign and submit the bid or proposal of this corporation for the following project: and to include in such bid or proposal the certificate as to non-collusion required by Section one hundred three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or misstatements in such certificate this corporate bidder shall be liable under the penalties of perjury. * * * * * * * * * * * * * * * The foregoing is a true and correct copy of the resolution adopted by Corporation at a meeting of its Board of Directors held on the day of, 20 and is still in full force and effect on this day of, 20. (SEAL OF THE CORPORATION) (Secretary) Section 02120

23 Non-Collusive Bidding Certification (Cont d.) ************************************************** FOR CAPITAL (PUBLIC WORKS) PROJECTS ONLY VENDORS MUST SIGN THE FOLLOWING STATEMENT. I affirm that has not been found guilty of a willful violation of the New York State Labor Law for failure to pay prevailing wages and supplements, as those terms are defined by the New York State Labor Law, within the twelve (12) months immediately preceding the submission of this bid. Signature of Owner Officer Section 02120

24 Dutchess Community College CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT As a result of the Iran Divestment Act of 2012 (the Act ), Chapter 1 of the 2012 Laws of New York, a new provision has been added to State Finance Law (SFL) 165-a and New York General Municipal Law 103-g, both effective April 12, Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list of persons who are engaged in investment activities in Iran (both are defined terms in the law) (the Prohibited Entities List"). Pursuant to SFL 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act s effective date at which time it will be posted on the OGS website. By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, each Bidder/Contractor, any person signing on behalf of any Bidder/Contractor and any assignee or subcontractor and, in the case of a joint bid, each party thereto, certifies, under penalty of perjury, that once the Prohibited Entities List is posted on the OGS website, that to the best of its knowledge and belief, that each Bidder/Contractor and any subcontractor or assignee is not identified on the Prohibited Entities List created pursuant to SFL 165-a(3)(b). Additionally, Bidder/Contractor is advised that once the Prohibited Entities List is posted on the OGS Website, any Bidder/Contractor seeking to renew or extend a Contract or assume the responsibility of a Contract awarded in response to this solicitation must certify at the time the Contract is renewed, extended or assigned that it is not included on the Prohibited Entities List. During the term of the Contract, should Dutchess Community College receive information that a Bidder/Contractor is in violation of the above-referenced certification, Dutchess Community College will offer the person or entity an opportunity to respond. If the person or entity fails to demonstrate that he/she/it has ceased engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then Dutchess Community College shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages or declaring the Bidder/Contractor in default. Dutchess Community College reserves the right to reject any bid or request for assignment for a Bidder/Contractor that appears on the Prohibited Entities List prior to the award of a contract and to pursue a responsibility review with respect to any Bidder/Contractor that is awarded a contract and subsequently appears on the Prohibited Entities List. I,, being duly sworn, deposes and says that he/she is the of the Corporation and that neither the Bidder/Contractor nor any proposed subcontractor is identified on the Prohibited Entities List. SWORN to before me this SIGNED day of 201 Notary Public: Section 02130

25 Dutchess Community College SECTION INDEMNITY CLAUSE Dutchess Community College 53 Pendell Road Poughkeepsie, New York The contractor shall indemnify and hold harmless the building owner against all claims on account of inquiry, loss or damage arising or alleged to arise out of or in connection with the performance of the work, including all expenses incurred by the building owner in the defense, settlement or satisfaction thereof including expenses of attorney. Name Title Name of Firm Address Telephone Officer of Company (Signature) Date Section 02140