Instructions_To_Bidder.pdf

City of Debary – Rob Sullivan Park Maintenance Barn (Bid # 05-15)

SECTION 00200

INSTRUCTIONS TO BIDDER

PART 1 GENERAL

1.01 Bidding Documents

A. Bidding Documents include the Invitation for Bids, Instructions to Bidders, Bid Form, other sample bidding and contract forms, and the proposed Contract Documents, including any Addenda issued prior to receipt of bids.

B. Bidding Documents may be obtained in compliance with the Invitation for Bids.

No partial sets of the Bidding Documents will be issued. Complete sets of Bidding Documents shall be used in preparing bids, and each bidder shall be solely responsible for ensuring that he/she/it obtains a complete set of Bidding Documents for his/her/its review. Neither the Owner nor the Engineer will assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

1.02 Bidder Questions

Any Bidder who is in doubt as to the true meaning of any part of the Bidding Documents, or finds a discrepancy or omission therein, may submit to the Engineer a written request for an interpretation or correction. The person submitting the request shall be responsible for its delivery to the Engineer at least seven (7) days prior to the bid opening date. Any interpretation, correction or change of the Bidding Documents shall be issued by the CITY via written Addendum. Interpretations, corrections or changes made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections and changes.

1.03 Addenda

Addenda will be mailed or otherwise delivered to all parties who received a complete set of Bidding Documents from the Engineer. All Addenda issued during the time of bidding shall form a part of the Contract Documents, shall be covered in the Bid, and shall become a part of the Contract. Receipt of each Addendum shall be acknowledged in the Bid Form, and any failure to do so may subject the Bidder to disqualification. It shall be the Bidder's responsibility to ensure that he/she/it has received all Addenda prior to submittal of his/her/its bid. The Owner or Engineer shall not, in any event, be responsible for non-receipt or untimely receipt of Addenda.

1.04 Examination of Documents and Inspection of Site

Before submitting a Bid, Bidders shall carefully examine the Bid Documents and inspect the project site to fully inform themselves of all existing conditions and limitations. Each Bidder, by submitting his/her/its Bid, represents that he/she/it has fully examined the Bidding Documents and inspected the site(s) so that he/she/it understands the provisions of the Bidding Documents and has familiarized him/her/itself with the local geographic, legal, and environmental conditions and regulations under which the work is to be performed. Bidders shall not be provided extra payment or contract time to accommodate discovered conditions that could have been foreseen had such examinations been conducted.

1.05 Bidder's Interest in More Than One Bid

No person, firm, or corporation shall be allowed to make, file, or have an interest in more than one Bid for the same work, unless the City specifically requests alternate bids.

However, a person, firm, or corporation who has submitted a sub-bid to a Bidder or who has quoted prices on materials to a Bidder shall not be disqualified from submitting a sub-bid or quoting prices to other Bidders.

1.06 Certificates and Licenses

Bidders must be properly licensed to perform the Contract Work. Proper licensing shall be as defined by Florida Statutes and any other applicable laws, regulations, and ordinances.

1.07 Public Entity Crimes - Denial or Revocation of Right to Transact Business With a

Public Entity

Per Florida Statutes (FS) 287.133(2)(a), a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in FS 287.017 for CATEGORY TWO ($25,000) for a period of 36 months from the date of being placed on the convicted vendor list.

1.08 Rejection of Bidders Under Litigation

The Owner reserves the right to reject the Bid of any Bidder who is behind, as determined by the Owner or Engineer, on the completion schedule for any existing contracts, whether public or private; who has failed to properly progress work on any construction contract with any governmental or private agency within the past five (5) years; who is currently involved in litigation against the Owner; who has been involved in litigation with any governmental or private agency within the past five (5) years; who has been involved in any dispute resolution procedure with any governmental agency or private agency within the past five (5) years; who has previously defaulted on a contract with any governmental or private agency within the past five (5) years; or who has previously failed to satisfy all requirements related to the life, health, safety or welfare of workers and/or the public including, but not limited to, the maintenance of traffic provisions in the performance of existing or previous agreements with any governmental or private agency within the past five (5) years. Bidders rejected pursuant to this provision shall be deemed not responsible and therefore ineligible for consideration or ranking in the bid process.

1.09 Form of Bid

A. Each Bid shall be submitted on the Bid Form included as one of the Bidding Documents. The Bidder is not permitted to make changes in the Bid Form provided. The Bidder shall fill in spaces on the Bid Form by typewriter, printer, or manually in ink as long as entries are printed and legible. Undecipherable or otherwise illegible entries shall be disregarded and deemed not responsive.

When a Bidder submits a Bid and fills in information, which is then changed, amended or revised, each change, amendment, or revision must be initialed by the authorized person signing the Bid.

B. The Bidder must fill in all unit prices, total prices, and total amounts. Where so indicated by the makeup of the Bid Form, amounts shall be expressed in both words and figures, and in case of a discrepancy between the two, the amount in words shall govern.

C. No conditional Bids will be accepted. Alternate Bids will not be considered unless specifically requested by the City. Oral proposals or modifications will not be considered.

D. All submitted bid packages including alternate bid items become the property of the City and shall be subject to Florida’s public records laws as provided in Chapter 119, Florida Statutes.

1.10 Bid Security

A. Provide a bid security in the form of a certified check or bid bond. Bid security shall be payable without condition to the Owner, as a guaranty that the Bidder, if awarded the Contract, will promptly execute the Agreement in accordance with the Bidding Documents, and will furnish all bonds and insurance as required. If a Bid Bond is provided, such shall be provided using the form included in section 00420 and shall be provided by a surety company authorized to do business in the State of Florida. The amount of the Bid Security shall be as follows:

1. Construction Projects where the Maximum Bid Price is $60,000 or greater: Bid Security shall be in an amount equal to at least 5% of the Maximum Bid Price (Base Bid Plus Alternates).

2. Construction Projects where the Maximum Bid Price is less than $60,000:

Bid Security shall be in an amount equal to at least 10% of the Maximum Bid Price (Base Bid Plus Alternates).

B. If the bidder provides bid security in the form of a certified check as indicated above, then Paragraphs 1.16.B.5 and 1.17.A.3 will be strictly followed.

C. If the bidder provides bid security in the form of a bid bond using the Bid Bond Form contained in section 00420, the requirement for an audited financial statement as indicated in Paragraphs 1.16.B.5 and 1.17.A.3 may be waived at the discretion of the City

D. If for any reason the Bidder withdraws his Bid after Bid Opening or fails to execute an Agreement or to provide the specified bonds, insurance, and insurance certification, such Bidder shall be in default. The defaulting Bidder shall forfeit his/her bid bond to the City as liquidated damages.

E. The Bid Security of all except the three (3) apparent lowest Bidders shall be returned within 21 days after the canvass of Bids.

1.11 Submission of Bids

A. Submit two duplicate originals of the Bid, Bid Security, and all other documents required to be submitted with the Bid. Enclose in a single sealed opaque envelope addressed to the party receiving the Bids. Label on the outside of the envelope the Project name, project number (if applicable), and the Bidder's name and address. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "Bid Enclosed" on the face thereof.

Under no circumstances shall bids be accepted unless physically delivered to the correct City office and department. The City shall not accept any bids delivered via electronic mail or facsimile.

B. Bids shall be delivered to the designated location prior to the time and date for receipt of Bids indicated in the Invitation for Bids or any extension thereof made by Addendum. Bids received after the time and date for receipt of Bids shall be returned unopened to the person or firm submitting the Bid.

C. The Bidder assumes full responsibility for timely delivery of his Bid to the designated City department and personnel, regardless of the Bidder’s chosen method of delivery.

1.12 Modification and Withdrawal of Bids

A. Bids shall not be modified after submittal; however, they may be withdrawn at any time prior to the Bid Opening time and date.

B. Withdrawal requests shall be made in writing and must be received by the Owner before the time and date stated or as addended for the Bid Opening. Properly withdrawn Bids shall be returned unopened to the person or firm submitting the Bid. Untimely withdrawal requests or withdrawal requests not otherwise made in writing shall not be honored.

C. A Bidder who withdraws his Bid may submit a new Bid in the same manner as specified under "Submission of Bids," provided that such Bidder is able to duly submit its new bid prior to the time and date stated for the Bid Opening.

D. If a Contract is not awarded within 90 calendar days after opening of Bids, a

Bidder may file a written request with the Owner for the return of his Bid.

1.13 Basis of Award

A. The Owner reserves the right to accept or reject any or all bids in whole or in part with or without cause, to waive technicalities, or to accept the bid(s) which, in its judgment, best serves the interest of the Owner.

B. Except in cases where the Owner exercises the right to reject all Bids, the

Contract shall be awarded by the Owner, as soon as practicable after Opening of Bids, to the responsive, responsible Bidder who has submitted the lowest individual or combination Bid.

C. The lowest Bid will be determined by comparison of the “Total Base Bid” stipulated on the Bid Form, plus any combination of Additive or Deductive Alternate Bid Items of the Owner’s choosing. If the stated “Total Base Bid” conflicts with the sum of the Total Prices on the Bid Schedule, then the sum of the Total Prices prevails. The Total Price for each item is the stated unit price times the quantity.

1.14 Responsiveness Requirements

A. All Bidders are required to be responsive. Failure to meet any of the responsiveness requirements set forth herein may result in the Bidder being judged non-responsive.

B. To be judged responsive, the Bidder shall submit the following:

1. Bid Form with all of the following properly completed:

a) Name, address, and telephone number of Bidder.

b) Acknowledgment of receipt of all Addenda.

c) Bid Amount, including Unit Prices and Total Prices for all Items including all alternate items.

d) The Bid shall be signed by the person or persons legally authorized to bind the Bidder to a Contract. A Bid by a corporation shall further give the State of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current Power of Attorney attached certifying agent's authority to bind Bidder. Signatures and dates required. A bid submitted by a partnership shall be signed in the name of the firm by one or more of the partners.

2. Bid Security complying with the requirements of the Bidding Documents.

Include notarized power of attorney, if required.

3. Florida Trench Safety Act Statement.

C. If the Invitation to Bids requires attendance at a mandatory Pre-Bid meeting, then Bids submitted from Bidders who do not attend the mandatory Pre-Bid meeting will be judged non-responsive; unless providentially hindered as to such required attendance due to provable circumstances beyond the control of the Bidder whereupon mandatory attendance may be waived in writing at the sole discretion of the Owner.

1.15 Responsibility Requirements

A. All Bidders are required to be responsible. Failure to meet any of the responsibility requirements set forth herein may result in the Bidder being judged non-responsible. Bids from non-responsible bidders may be accepted or rejected at the discretion of the Owner.

B. To be judged responsible, the Bidder shall meet the following standards:

1. The Bidder shall be properly licensed and shall have a satisfactory record of integrity, judgment, and performance as a corporation (including its shareholders and officers), partnership, or as a sole proprietorship, including in particular, any prior performance upon contracts from the State, local governments, private agencies, and the Owner.

2. The Bidder shall have at least three (3) years of experience as a prime contractor.

3. The Bidder shall have performed as a prime contractor on at least five (5) two wire irrigation projects of similar type and size as the proposed contract work in the last 6 years.

4. The Bidder shall be able to comply with the required completion schedule for the project.

5. The Bidder shall have adequate financial resources to perform the work, and shall have an adequate financial management system and audit procedure which provides efficient and effective accountability and control of all property, funds, and assets. The Bidder shall be able to demonstrate this by being able to provide a current (within the last 12 months) audited financial statement prepared in accordance with generally accepted accounting procedures.

6. The Bidder shall conform with the civil rights, equal employment opportunity and labor law requirements of the Bidding Documents.

7. The Bidder shall meet those applicable requirements for responsibility for Contractors as set forth in Division 2, Article IV of Chapter 2 of the DeBary Code of Ordinances, as well as any other applicable legal standards imposed by general or local law.

8. The Owner reserves the right to waive submittal of any or all of the above informational requirements to the Bidder.

1.16 Bidder Evaluation Submittal Requirements

A. Within 7 calendar days after being notified of being the apparent lowest, responsive Bidder, the Bidder shall submit the following information to the Owner or Engineer for further evaluation to determine whether the Bidder complies with the responsibility requirements. The following information may also be required to be submitted by the second and third low bidders within 7 calendar days, if so notified by the Owner or Engineer.

1. Provide a statement of the Bidder's organization, including resumes of key personnel, especially those personnel proposed for work on this Project.

2. Provide a summary of the Bidder's construction experience as a prime contractor. Provide names, addresses, phone numbers, and contact persons for references. List current and past construction projects, name of Owner, Owner contract name and telephone number, and include information on amount of contract, major construction items and quantities.

3. Provide a current (within the last 12 months) audited financial statement prepared in accordance with generally accepted accounting procedures.

The financial statement shall include, as a minimum, an income statement, a statement of changes and related footnotes, a balance sheet, and certification that the financial status of the company has not materially changed since the audit.

4. Provide a list of equipment and quantities currently owned or under lease to the Bidder and available for the work.

5. Provide a list of all sub-contractors to be utilized by the Bidder for the contract work.

6. Submit copies of all construction licenses.

7. Provide a statement indicating whether the Bidder is or has been under litigation or dispute resolution procedure with any governmental agency within the past 5 years, as provided by Article 1.09 of these Instructions to Bidders.

B. The Owner reserves the right to waive submittal of any or all of the above informational requirements of the Bidder.

1.17 Award of Contract

If the contract is to be awarded, the Owner or its agent will deliver to the successful lowest responsible and responsive bidder a Notice of Award and Agreement form within ninety (90) days after the day of the bid opening. The Agreement shall be substantially in the same form and contain the same terms as disseminated to Bidders with the Bidding Documents, and shall not be subject to substantive changes unless such changes are otherwise determined to be in the best interests of the City. The successful bidder shall sign and return the Agreement and required bonds and insurance within fourteen (14) days of receipt of the Notice of Award. Failure to execute the Agreement shall constitute a default, and such default shall result in the successful bidder’s forfeiture of his/her bid bond to the City as liquidated damages for the City’s lost time and opportunity cost and expense in undertaking the procurement process and not as a penalty.

1.18 Bonds and Insurance

A. Upon award of the contract, the Bidder, simultaneously with the execution of the Agreement, shall furnish certificates of insurance, insurance certification, performance bond, and payment bond. The forms of the bonds and insurance certification, including bonding amounts and duration and insurance coverage required are included in the Bidding Documents.

B. The successful Bidder shall, before commencing the work, record said Payment and Performance Bond in the public records of the County where the improvement is located in accordance with FS 255.05.

1.19 Waiver

Each Bidder agrees to waive any claims it has or may have against the Owner, Engineer, and their respective officers, employees, agents, designees, successors, legal representatives or assigns, arising out of or in connection with the administration, evaluation, recommendation, rejection or award of any bid. All Bidders further understand and comprehend that all costs and expenses related to Bid preparation are to be borne by the Bidder who shall be solely responsible for such, and that no Bidder shall be entitled to a refund of any such costs or expenses regardless of whether the Bidder is awarded a contract, work, or agreement pursuant to this Invitation to Bid.

1.20 City of DeBary Quality, Professional Standards, and Security Requirements

In accordance with the provisions of Section 00520, the Contractor and all subcontractors shall comply with the professional quality, employee identification, and security screening requirements for all workers who will be present at the project site.

1.21 City of DeBary Tax Recovery

A. Bidder is hereby informed the City of DeBary is tax exempt and may elect to exercise its right to purchase directly, via its purchase orders, various construction materials, supplies and equipment that may be part of this contract.

By signing its bid submission, the Bidder hereby acknowledges that the City has the right to exercise this option and that Bidder will cooperate fully to enable the City to achieve the tax recovery savings applicable to the materials, supplies and equipment so designated by the City.

B. As applicable to the purchase of identified equipment, material and supplies, the

Contractor shall assist the City in the preparation of purchase orders. The City may direct the Contractor to prepare the Purchase order on the City’s form and make ready for verification and execution by the City. The materials shall be purchased from the vendor/suppliers originally selected by the Contractor, for the price originally negotiated by the Contractor including special terms and conditions agreed upon by the contractor.

C. The Contractor shall, within twenty-one (21) calendar days from the date of the

Notice to Proceed, prepare a complete list of materials, supplies and equipment applicable to the project. The list must include the cost of each item, delivery from supplier ARO and delivery schedule required to maintain timely scheduling of the project. The City will advise the Contractor within ten (10) days which items from the list the Owner wishes to purchase directly.

D. At the time the direct order is placed, the Purchase Order to the General

Contractor shall be reduced by the net, undiscounted amount of the purchase order, plus all sales tax, six percent plus 1 percent surcharge on the first $5,000.

Issuance of the purchase orders by the City does not change any of the

Contractor’s responsibilities regarding material purchases, or installations, with the exception of the payments for the materials purchased. The Contractor remains responsible for coordination, correct quantities order, submittals, protection, storage, shipping tickets and invoices, installation, cleaning, all applicable warranties and that all materials purchased meet the requirements of the Contract Documents. The Contractor shall certify all invoices as accurate and acceptable and forward the certified invoices to the City for payment.

E. In the event that materials, supplies, or equipment purchased under this option are defective, nonconforming or rejected for any reason whatsoever, and it becomes necessary to initiate action against the responsible party, the Contractor shall be responsible to take appropriate action.

PART 2 PRODUCTS - Not Used

PART 3 EXECUTION - Not Used

END OF SECTION