INSTRUCTIONS TO BIDDERS 1. 01 DEFINITION OF TERMS A. Bidding Documents: Includes the Invitation to Bid, Instructions to Bidders, Bid Form, Subcontractor List, sample bidding and contract forms, proposed Contract Documents as defined in the General Conditions and any Addenda issued prior to receipt of bids. B. Base Bid: The amount stated on the Bid Form for which the bidder offers to perform the Work as described in the Bidding Documents as a base to which Alternate Bid work amounts may be added to or deducted from. C. Unit Price Bid: The amount stated in the Bid Form as a price per unit of measurement for materials or labor as described in the Bidding Documents. D. Addenda: Written and graphic documents issued by the Engineer/ Owner prior to the execution of the Contract to modify or interpret the Bidding Documents. 1. 02 BIDDING DOCUMENTS A. Complete sets of Bidding Documents may be obtained from the Owner as stated in the Invitation to Bid. Complete sets of Bidding Documents shall be used by bidders in preparation of Bids; neither the Owner nor the Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets. 1. 03 EXAMINATION OF DOCUMENTS AND SITE A. Bidders are encouraged to visit the site of the proposed work and become familiar with the nature and extent of work to be performed and local conditions that may affect the work. B. The Bidding Documents were prepared to present an essentially accurate representation of existing conditions, interpreted from available information on the site. The bidder is not relieved, however, of the responsibility of becoming fully informed as to existing conditions at the site. C. Bidders are encouraged to examine existing site improvements, existing buildings, utilities, and streets to determine all conditions which will affect the work. D. Bidders are advised that no soils investigations have been performed for this project. The bidder may elect to provide his own soils investigation prior to bid, to determine the conditions affecting the work. 1. 04 INTERPRETATION OF BIDDING DOCUMENTS A. All questions requiring clarification or interpretation of the Bidding Documents shall be made in writing and shall reach the Owner at least five (5) days prior to the date for receipt of bids. Direct all questions to the attention of Douglas E. Layton, Public Works Director, at 904- 247- 5834 or dlayton @coab. us. INB- 1 B. Any modification or interpretation of the Bidding Documents will be made by Addendum to all who are recorded by the City as having received a complete set of Bidding Documents. C. Interpretations or modifications of Bidding Documents made in any manner other than by Addendum will not be binding. D. A bidder, prior to submitting his Bid, shall ascertain that he has received all Addenda issued, and shall acknowledge their receipt in the Bid Form. 1. 05 SUBSTITUTIONS A. Bidders represent that their Bid is based upon the materials and equipment described in the Bidding Documents. B. Requests for substitutions will be considered prior to receipt of bids if they reach the Owner at least ten (10) days prior to the date for receipt of bids and are submitted in accordance with specifications. C. Acceptance by the Owner of a proposed substitution will be issued in the form of an Addendum or Substitution Request Form. D. Evaluations and reviews by the Owner of proposed substitutions shall be considered as additional services to the Owner. Bidders, suppliers and manufacturers shall reimburse the Owner directly for additional service charges of the Owner and their consultants for such additional evaluations and reviews. 1. 06 BID PREPARATION A. Prepare bids on the forms provided by the Owner with all blanks on the Bid Form filled in by typewriter or written in ink. B. State bid unit price and bid amounts. In case of a discrepancy between the two, the bid unit price shall govern. C. Bids shall include the legal name and address of the bidder and indicate whether the bidder is a sole proprietor, a partnership, a corporation, or some other legal entity. 1. Individual: Provide name and post office address. 2. Partnership: Provide name and post office address of each member of the partnership. 3. Corporation: Provide name and post office address of person signing the form and legal evidence of his authority to do so; names and addresses of the corporation president, secretary and treasurer; name of state where chartered; and affixed with the seal of the corporation, attested by the secretary. D. Lump Sum and Unit Price Bids requested on the Bid Form shall be bid. INB- 2 1. 07 BID SUBMITTAL. A. Submit three copies of the Bid Form, the bid security, the list of Subcontractors, and other requested attachments, enclosed in a sealed opaque envelope, addressed to the entity receiving the bids as stated in the Invitation to Bid. The envelope shall be further identified with the Project name, the bidder's name and address, and the words" BID ENCLOSED". B. Deposit Bids at the designated location on or before the time and date for receipt of Bids indicated in the Invitation to Bid. Bids received after the time and date indicated for receipt of bids will be returned unopened. 1. 08 BID SECURITY A. Each Bid shall be accompanied by a cashier's check drawn on any State or National Bank in Florida, or an acceptable Bidders Bond, payable unconditionally to the Owner, in an amount of B. five percent( 5%) of the amount of the total Bid. Failure of the successful bidder to enter into the Contract in accordance with his Bid, or failure to furnish the required bonds will be just cause for an annulment of the award with the amount of the bid security being forfeited to the Owner as liquidated damages, not as a penalty. C. Should a Bid Bond be used, acceptable Surety companies shall be determined from the latest United States Treasury Department' s list of companies holding certificates of authority as acceptable Sureties on Federal Bonds. D. The Owner may retain the bid security of those bidders to whom an award may be considered until successful execution of the Contract and bonds; or the specified time for holding bids has elapsed; or all Bids have been rejected. 1. 09 MODIFICATION AND WITHDRAWAL OF BID A. Prior to the time of bid opening, a bidder may withdraw his Bid at any time, but may not resubmit it. Bids may not be modified after submittal. B. After the bid opening, no Bid may be withdrawn, canceled or modified for a period of ninety 90) days after the time and date designated for the receipt of bids. 1. 10 OPENING OF BIDS A. Bids submitted will be opened publicly and read aloud at the time and place stated in the Advertisement for Bids. B. The City of Atlantic Beach reserves the right to postpone the date and time announced for opening of bids. Such postponement may be made at any time prior to the time announced for the opening of bids; City of Atlantic Beach will give written notice of any such postponement to each party to whom bid documents have been issued, followed by issuance of an addendum confirming the changing of the announced date and time for opening of bids. I N B- 3 1. 11 GOVERNING LAWS AND REGULATIONS A. Bidders shall be familiar with all federal, state, and local laws, ordinances, rules, and regulations that may in any way affect the Work. B. Public Entity Crimes: 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 Section 287.017, Florida Statutes, for Category Two for a period of thirty- six( 36) months from the date of being placed on the convicted vendor 287. 133( 2), Florida Statutes) 1. 12 list. ( Section LIQUIDATED DAMAGES A. The Owner will incur financial loss if the Work is not substantially complete by the date set forth in the Bid Form. The Contractor( and his Surety) shall be liable for liquidated damages in accordance with the Supplementary Conditions and the Agreement. 1. 13 SUBCONTRACTOR LIST A. In conjunction with the Bid Form, bidder shall submit a list of names of the subcontractors and major material suppliers proposed for the principal portions of the Work. Submit list on form provided by the Owner. B. Prior to award of Contract, the Owner will notify the bidder in writing if the Owner has an objection to any person or entity listed. Upon such reasonable objection, the bidder shall propose an acceptable substitute person or entity in accordance with Article 6.06 of the General Conditions. 1. 14 VISUAL REPRESENTATION A. In conjunction with the Bid Form, bidder shall submit a minimum of one( 1) image( preferably photograph) of an actual installed safety guardrail, preferably one done with the Grade 1 Southern Pine in an area where aesthetics was a factor. 1. 15 CONTRACT AWARD AND EXECUTION A. Until final award of Contract, the Owner reserves the right to reject any and all Bids, with or without cause; to waive any informality or irregularity; or to accept the Bid which is in the best interest of the Owner. twomemounneimmommomenionentammuompounow INB- 4 B. It is the intent of the Owner to award a Contract based on the submitted bid price and aesthetics of the proposed guardrail. The accepted Bid shall be in conformance with the Bidding Documents and not exceed the funds available. C. Upon acceptance of a Bid and award of Contract, the successful bidder shall deliver the executed Contract, along with required bonds and any other items requested, to the Owner within ten( 10) days. Failure to do so will be deemed as a breach of agreement by the bidder and result in forfeiture of bid security as described in the Instructions to Bidders. D. Failure on the part of the successful bidder to execute the Contract as required or to perform under the Purchase Order will be cause for the annulment of the award and, in the event of annulment of the award, the bidder shall forfeit the bid guaranty. The award may thereafter be made to the next lowest acceptable bidder, or the work re- advertised as the City Commission may elect. 1. 16 PRE- CONSTRUCTION CONFERENCE A. Before starting any construction work on this project, a conference will be held in the Owner's office for the purpose of verifying general procedures, reviewing schedules and traffic plans, and other items as described in the specifications and General Conditions. B. Present at the conference shall be representatives of the Owner, a responsible representative of the Contractor, Resident Observer, Job Superintendent, major Subcontractors, and representatives of private utilities, if applicable. 1. 17 UNABLE TO BID A. If the Contractor cannot submit a bid at this time, the City requests they complete the No Bid Form. If not submitting a bid, do not return the entire bid package, but only the completed No Bid Form to Mr. Douglas E. Layton, P. E., Public Works Director, 1200 Sandpiper Lane, Atlantic Beach, Florida 32233 or fax the form to 904-247- 5843. END OF SECTION INB- 5