INSTRUCTIONS TO BIDDERS 01 1 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 Lump Sum 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 Addenda written and graphic documents issued by the EngineerOwner prior to the execution of the Contract to modify or interpret the Bidding Documents 02 1 PREQUALIFICATION REQUIREMENTS This project does not require a formal prequalification of bidders All bidders must submit qualifications to perform the work with their bid All bidders must document at least ten 10 years experience in water tank repair and painting See Invitation to Bid for additional requirements See Specifications for other references and documents to be submitted with the bid All bidders must have a valid General Contractor s License for the work to be performed 03 1 BIDDING DOCUMENTS A Complete sets of Bidding Documents may be obtained from the Owner as stated in the Invitation to Bid B Complete sets of Bidding Documents shall be used by bidders in preparation of bids and the Owner does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets C any changes to the Bidding Documents occurring after the Mandatory PreBid Meeting will be posted on the City website and e mail notification will be sent to all Addenda eligible bidders It is the bidder s responsibility to retrieve addenda from the City website and to review modifications and base bids on the most recent information 04 1 EXAMINATION OF DOCUMENTS AND SITE A Bidders shall visit the sites 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 INB 1 C Bidders shall examine existing site improvements existing buildings utilities and streets to determine all conditions which will affect the work D 05 1 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 INTERPRETATION OF BIDDING DOCUMENTS A All questions requiring clarification or interpretation of the Bidding Documents shall be made in writing via email and shall reach the Owner at least 5 days prior to the date for receipt of bids Direct all requests to the attention of Tim Townsend Project Manager at us ttownsend@coab 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 06 1 07 1 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 SUBSITUTIONS 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 requirements of Section 01600 C Acceptance by the Owner of a proposed substitution will be issued in the form of an Addendum or Substitution Request Form PREBID MEETING A 08 1 A MANDATORY PreBid meeting will be held on Tuesday February 18 2014 at the Public Utilities Office at 902 Assisi Lane Atlantic Beach FL at 1 00 p m At that time any bidder may ask questions concerning the project Prior to the meeting all questions shall be directed to Tim Townsend Project Manager at ttownsend us ccoab 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 Lump Sum requested on the Bid Form shall be bid INB 2 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 09 1 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 10 1 BID SECURITY A Each Bid shall be accompanied by a cashiers check drawn on any State or National Bank in Florida or an acceptable Bidders Bond payable unconditionally to the Owner in an amount of five B 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 11 1 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 90 days after the time and date designated for the receipt of bids INB 3 12 1 OPENING OF BIDS A Bids submitted will be opened publicly and read aloud at the time and place stated in the Advertisement for Bids 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 13 1 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 0 17 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list Section 287 2 FLORIDA STATUTES 133 C Discrimination Any entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide 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 award or perform work as a contractor supplier subcontractor or consultant under contract with any public entity and may not transact business with any public entity FIB 2127 D AntiCollusion Requirement Under no circumstances shall any prospective proposer or any person or persons acting for or on behalf of any said prospective bidder seek to influence or gain the support of any member of the City Commission or the City Staff favorable to the interest of any prospective bidder or seek to influence or gain the support of any member of the City Commission or City Staff against the interest of any prospective bidder Any such activities shall result in the exclusion of the prospective proposer from consideration by the City INB 4 14 1 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 15 1 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND A With the execution and delivery of the Contract the Bidder shall furnish the following Surety bonds of the forms contained herein 1 Performance Bond guaranteeing full and faithful execution of the Work in an amount equal to 100 percent 100 of the Contract Sum and including guaran teed repair and maintenance of all defects due to faulty materials and workmanship that appear within one 1 Year after completion of contract 2 Labor and Material Payment Bond guaranteeing full and proper protection of all claimants supplying labor and materials in the Work in an amount equal to 100 percent 100 B of the Contract Sum Bonds shall be executed by Surety authorized to do business in the State of Florida and listed on the latest U S Treasury Department list of companies holding certificates of authority as acceptable sureties on Federal Bonds C Bonds executed by an AttorneyinFact on behalf of the Surety shall have affixed thereto a certified and current copy of Power of Attorney indicating the monetary limit of such power 16 1 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 17 1 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 B It is the intent of the Owner to award a Contract to the lowest responsible Bidder whose Bid is in conformance with the Bidding Documents and does not exceed the funds available INB 5 C The successful bidder must submit Certified Financial Statements for the past two years prior to award of Contract L18 19 1 D 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 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 E 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 readvertised as the City Commission may elect PRECONSTRUCTION CONFERENCE A Before starting any construction work on this project a conference will be held in the s office for the purpose of verifying general procedures reviewing schedules and Owner 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 Sub Contractors and representatives of private utilities if applicable 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 Tim Townsend Project Manager 902 Assisi Lane Atlantic Beach FL 32233 or Fax the form to 904 242 3475 END OF SECTION INB 6