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HomeMy WebLinkAbout19- Bid (Advertisement and Instructions Only) - West Peach Condos Offsite ImprovementsSection 00100 INVITATION TO BID Page 1 of 2 ON BEHALF OF WEST PEACH, LLC: C A L L F O R B I D S NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids, on behalf of West Peach, LLC, for: WEST PEACH CONDOS OFFSITE IMPROVEMENTS Separate sealed bids for construction of West Peach Condos Offsite Improvements will be received by the City Clerk at the office of City Hall, 121 North Rouse Ave., P.O. Box 1230, Bozeman, Montana 59771-1230 until 2:00 p.m., local time, June 11, 2019 and then publicly opened and read aloud. Please write the name of the project on the front of the sealed bid. The physical address is: City Clerk’s Office, Suite 200, City Hall, 121 No. Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk’s Office, Suite 200, City Hall, P.O. Box 1230, Bozeman, Montana 59771. Bids must be received before 2 p.m. Tuesday, June 11, 2019. Original copies must be submitted- no faxed or electronic bids will be accepted. Bids will be opened and read following the close of bids. The project work is generally described as follows: Demolition and Construction of approximately 250 l.f. of public street including but not limited to Sawcut and Removal of Existing Curbing, Sidewalk and Asphalt, Striping of Organic Material, Excavation and Embankment, Subgrade and Base Course, Curb & Gutter, Asphalt, Sidewalk, Water Main, Signage, Landscaping, and Street Lighting Improvements. The Contract Documents may be examined or obtained at the Bozeman Plan Room, 1105 Reeves Rd, Bozeman, MT 59718, 406-586-7653, in accordance with the Instruction to Bidders. All bidders are required to pay for their plans, which is not refundable. CONTRACTOR and any of the CONTRACTOR’S subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect Avenue, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the Section 00100 INVITATION TO BID Page 2 of 2 construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. Discrimination in the performance of any contract awarded under this invitation on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. Every entity submitting under this invitation must sign and return the required affirmation. No bid may be withdrawn after the scheduled time for the public opening of bids, which is at 2:00 p.m. local time, June 11, 2019. The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the OWNER. DATED at Bozeman, Montana, this 21st day of May, 2019. Robin Crough City Clerk City of Bozeman Published Bozeman, Montana, May 26, 2019 June 2, 2019 1 INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS BIDS All Bids must be made on the forms provided in this bound copy of the Contract Documents. All Bids must be legibly written in ink, with all prices given in figures and total bid amount given in words and figures. No alterations by erasures or interlineations will be permitted in Bids or in the printed forms. Each Bid shall be enclosed in a sealed envelope addressed to the City Clerk, City Hall, 121 North Rouse Ave., P.O. Box 1230, Bozeman, Montana 59771-1230, and endorsed on the outside of the envelope with the words: CITY OF BOZEMAN WEST PEACH CONDOS OFFSITE IMPROVEMENTS. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name and with his business address or place of residence. In case of a firm or partnership, the name and residence of each member must be inserted. In case the Bid is submitted by, or on behalf of, a corporation, it must be signed in the name of such corporation by an official who is authorized to bind the corporation, and who shall also affix the corporate seal of such corporation. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by a Power of Attorney showing that person's authority. ONLY ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another, or of others, may be required to submit satisfactory evidence of this authority to do so. The title of the person(s) executing the Bid or Agreement shall be clearly indicated beneath his signature. QUALIFICATIONS OF BIDDERS Bidders may be required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon, and that they have the necessary financial resources to complete the proposed work. In determining the lowest responsible bid, the following elements will be considered: whether the Bidder involved (a) maintains a permanent place of business; (b) has adequate plant and equipment to do the work properly and expeditiously; (c) has a suitable financial status to meet obligations incident to the work; and (d) has appropriate technical experience. Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The Bidder shall 2 INSTRUCTIONS TO BIDDERS demonstrate his ability by meeting all requirements herein stipulated, if asked for them. CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification, 6th Edition (MPWSS), shall be used to govern the contractual and performance aspects of this project, and is hereby incorporated as part of these CONTRACT DOCUMENTS, as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications 6th Edition (COB MODS), dated March 31, 2011, including all addenda which is also hereby incorporated as part of these contract documents, and as further modified herein by the City of Bozeman. All standard forms of MPWSS shall be utilized in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid document. Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman, in order to assist the Contractor in preparation of his Bids. The complete CONTRACT DOCUMENTS which comprise this entire document, and are made a part hereof, consist of the following: Invitation to Bid............................ Bound Herein Instructions to Bidders.................. Bound Herein Subcontractor Agreement............. Bound Herein Standard General Conditions........ MPWSS, Non Discrimination Form, Bound Herein Technical Specification................ Bound Herein Standard Drawings……………… Bound Herein Plan Set ………………………… Bound Herein EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting a bid, each Bidder must (a) examine the Contract Documents thoroughly (b) visit the site to familiarize himself with location conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. Any Bidder may, upon request, examine those reports of investigations and tests of subsurface and latent physical conditions at the site (if any) which have been relied upon in preparing the drawings and specifications. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. On request, Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Any administrative requirements and associated costs of such investigations are the responsibility of the Bidder. 3 INSTRUCTIONS TO BIDDERS The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the specifications or on the drawings. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this section and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. Where logs of test borings are included in the contract plans, it is agreed that such logs do not constitute a part of the contract and are included only for the convenience of the bidder or Contractor and do not relieve him of his duties under this section or of any other responsibility under the contract. No information derived from any inspection of records of investigation or compilation thereof made by the Owner will in any way relieve the bidder or Contractor from properly performing his obligations under the contract. UNDERGROUND UTILITIES The location of underground utilities as shown on the drawings is approximate and the Owner assumes no responsibility for determining the exact location. The Contractor shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location may or may not be given. The Contractor shall make written inquiry of the related utility agency to determine the location of underground utilities in the project area. INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, he may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving a set of such documents. TIME OF COMPLETION The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. The number of days within which, or the dates by which, the Work is to be Substantially Completed are set forth in the Bid Form and the Agreement Form. LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement Form. ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal, shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract Documents. Only proposals contained within bound copies of the Contract Documents obtained directly from the method specified will be considered. Neither the proposal nor any other pages bound herein or attached 4 INSTRUCTIONS TO BIDDERS hereto shall be detached. Proposals shall be in a sealed envelope and addressed to: City Clerk City Hall 121 North Rouse Ave. P.O. Box 1230 Bozeman, MT 59771-1230 The envelope shall also contain the following information: Name of Project: CITY OF BOZEMAN WEST PEACH CONDOS OFFSITE IMPROVEMENTS. Name of Contractor:__________________________________________ Montana Certificate of Contractor Registration No.____________ Acknowledge Receipt of Addendum No.:_____,_____,_____,_____. In the lower left hand corner of the envelope print or type: BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 P.M. June 11, 2019 Proposals shall be made in accordance with the following instructions: A. Submit one copy of the complete bound document in an opaque sealed envelope. DO NOT REMOVE THE PROPOSAL OR ANY OTHER PAGES FROM THE BOUND CONTRACT DOCUMENT. ONLY PROPOSALS CONTAINED WITHIN BOUND COPIES OF THE CONTRACT DOCUMENTS OBTAINED DIRECTLY FROM THE CITY WILL BE CONSIDERED. B. Bids shall be made in ink upon the unaltered Bid Proposal Form supplied with these documents. C. All blank spaces must be properly filled. D. The total bid price must be stated in both writing and in figures. In case of a discrepancy between unit price and total bid price, the unit prices or lump sum prices shall be used in computing the total bid price. E. The proposal form shall contain no additions, conditions, stipulations, erasures, or other irregularities. 5 INSTRUCTIONS TO BIDDERS F. The proposal must acknowledge receipt of all addenda issued. G. The proposal must be signed in ink and display the bidder's name, address, and current Montana Contractor's License Number. H. The proposal must include a completed and signed Non-discrimination affirmation form. SIGNING OF BIDS Bids which are not signed by individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an attorney-in- fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid. Bids which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting and the signature of the president or other authorized officer of the corporation shall be manually written below the written or typewritten corporate name following the work: By:__________________________________ _________________Corporate Seal Title:_______________________________ If bids are signed for any other legal entity, the authority of the person signing for such legal entity should be attached to the bid. BID REQUIREMENTS The bidder is expected to base his bid on materials and equipment complying fully with the plans and specifications and, in the event he names in his bid materials or equipment which do not conform, he will be responsible for furnishing materials and equipment which fully conform at no charge in his bid price. Before submitting a proposal, each Contractor should read the complete Contract Documents (including all addenda), specifications and plans, including all related documents containing herein, all of which contain provisions applicable not only to the successful bidder, but also to his subcontractors. BID QUANTITIES Bidders must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities. The estimated unit quantities of the various classes of work to be done under this contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for 6 INSTRUCTIONS TO BIDDERS comparing the proposals offered for the work. The Contractor agrees that, during progress of the work, the Owner may find it advisable to omit portions of the work, to increase or decrease the quantities as may be deemed necessary or desirable, that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under this contract shall be the actual amount of work done and the materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any difference which may be found between quantities of work actually done and the estimated quantities. MODIFICATIONS AND WITHDRAWAL OF BID A bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids, as called for in the Invitation to Bid. Requests for modification or withdrawal must be written and must be signed in the same manner and by the same person(s) who signed the Bid. If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Work. ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted, or reject nonconforming, non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. SUBCONTRACTORS Within seven days after Bids are opened, the apparent low Bidder, and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor, if requested by the Owner. If the Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, they may, before giving the Notice of Award, request the apparent low Bidder to submit an acceptable substitute. If the substitution results in an increase in the Bid, a corresponding adjustment will be made in the contract price. If the apparent low Bidder declines to make any such substitution, the contract may not be awarded to such Bidder, but Bidder's refusal to substitution will not constitute grounds for forfeiture of Bid Security. Any subcontractor so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer. Contractor shall not be required to employ any subcontractor against whom he has reasonable objection. 7 INSTRUCTIONS TO BIDDERS The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will be required in the performance of the work. AWARD OF CONTRACT OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because bid is not responsive, or the Bidder is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by the OWNER. The OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternatives, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, or other individuals or entities must be submitted as provided in the Supplementary Conditions. OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. Consideration factors will include conformance with all material terms and conditions of the Contract Documents, Bid price, and other appropriate factors. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within sixty (60) days after the day of the bid opening. The OWNER reserves the right to cancel the award of any contract at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. If, at any time this Contract is to be awarded, the total of the lowest acceptable Bid Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all Bid Proposals or take such other action as best serves the Owner’s interests. CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement by all parties without any liability against the Owner. 8 INSTRUCTIONS TO BIDDERS RETURN OF BID GUARANTEE All Bid guarantees, except those of the three lowest Bidders, will be returned immediately following the opening and checking of the Bids. The Bid guarantees of the unsuccessful of the three lowest Bidders will be returned within ten (10) days following the award of the contract. The Bid guarantee of the Bidder to whom the contract is awarded will be returned when said Bidder has executed an Agreement. EXECUTION AND APPROVAL OF AGREEMENT The Agreement shall be signed by the successful Bidder and returned, within the time shown on the Bid. If the Agreement is not executed by the Owner within fifteen (15) days following receipt from the Bidder of the signed Agreements, the Bidder shall have the right to withdraw his Bid without penalty. No Agreement shall be considered as effective until it has been fully executed by all of the parties thereto. BOUND COPY OF CONTRACT DOCUMENTS None of the Instructions to Bidders, Bid Form, Agreement, contract stipulations, or other specifications shall be removed from the bound copy of Contract Documents prior to submission of Bid. Only proposals contained within bound copies of the contract documents obtained directly from the City will be considered. PAYMENTS Payment for all work performed under this Agreement will be made by the Owner within the time period specified in and in accordance with the procedures outlined in the General Conditions. Notice of Extended Payment Provision: This contract allows the owner to make payment within 21 days after approval of the payments. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty (30) days, progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere. PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18-2-402 and as bound herein. The Contractor and subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this area. POSTING Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wages to be paid to the employees. LOCAL LABOR Contractor shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. MONTANA CONTRACTOR REGISTRATION REQUIREMENTS Contractor and any of the contractor’s subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Information pertaining to the Montana Contractor 9 INSTRUCTIONS TO BIDDERS Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-800-556-6694) ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS RECEIPTS TAX) In accordance with Title 15, Chapter 50, MCA, the Owner shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. BIDDER PREFERENCE In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, a preference will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder from any state or country that enforces a preference in their state or country for their resident Bidders. The preference given to Montana resident Bidders will be equal to the preference given in the other state or country. This preference applies unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further, wherever possible, products manufactured and produced in the State which are suitable substitutes for products manufactured or produced outside the State and comparable in price, quality and performance shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. NON-DISCRIMINATION AFFIRMATION FORM _________________________ [name of entity submitting] hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the _________________________ [name of entity submitting] employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Signature of Bidder: ______________________________ Person authorized to sign on behalf of the bidder