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HomeMy WebLinkAboutInstructions to Bidders-Bogert Pool Sand Blast Paint DrainsINSTRUCTIONS TO BIDDERS (City of Bozeman Bogert Pool Sand Blasting, Painting, and Main Drain Replacement) BID DOCUMENTS: The bid documents for the City of Bozeman Bogert Pool Sand Blasting, Painting, and Main Drain Replacement (the “Project”) include the Invitation to Bid, this Instruction to Bidders, the Bid Specifications, the Construction Agreement and the Bid Form. BIDS: All bids must be legibly written in ink. 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: Bozeman City Clerk, PO Box 1231 Bozeman, Montana 59715, or physically delivered to the address on the Invitation to Bid and endorsed on the outside of the envelope with the words: Bogert Pool Sand Blasting, Painting, and Main Drain Replacement. Bids shall be strictly in accordance with the prescribed Bid Form. Any modifications thereof or deviations there from may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the bid being submitted may be rejected as irregular. Each bid shall indicate the total bid price. The price quoted in a bid shall include all items of labor, materials, tools, equipment and other costs necessary to fully complete the Project to the Bid Specifications. Any items omitted from the Bid Specifications which are clearly necessary for the completion of the Project shall be considered a portion of the Project although not directly specified or called for in the Bid Specifications. All parts and materials shall be new. In all cases, materials must be furnished as specified. The City reserves the right and shall be at liberty to inspect all materials and workmanship at any time during the Project and shall have the right to reject all materials and workmanship which do not conform to the Bid Specifications. However, the City is under no duty to make inspection, and if no inspection is made, the chosen contractor shall not be relieved of any obligation to furnish materials and workmanship strictly in accordance with the Bid Specifications. BID SECURITY: To be considered, the bid must be accompanied by a bid security unconditionally payable to the City of Bozeman for ten percent (10%) of the total amount of the bid and attached as Exhibit 1 on the Bid Form. Each Bidder shall expressly covenant in the bid that if the Bidder is awarded the bid, the Bidder will, within thirty (30) days after the bid is awarded, enter into the Construction Agreement with the City of Bozeman in substantially the same form as shown on the Construction Agreement. Bid security must be provided in a form specified in §18-1-203, MCA, which includes, but is not limited to, certified check, cashier’s check, bank draft, bid bond, guaranty bond, or surety bond. Bid security through a bid, guaranty or surety bond must be issued by a surety company authorized to do business in the State of Montana. The bid security protects and indemnifies the City against the failure or refusal of the successful Bidder to timely enter into the Construction Agreement. SIGNATURE OF BIDDERS: Each bid must be signed in ink by the Bidder with the Bidder’s full name and business address or place of residence. If the Bidder is a firm or partnership, the name and residence of each member must be inserted. If the bid is submitted by or in behalf of a corporation, it must be signed in the name of the corporation by a corporate official authorized to bind the corporation and who shall also affix the corporate seal of the corporation to the bid. Any bid by a corporation signed by a person other than a corporate officer must be accompanied by a power of attorney showing that person’s authority to sign for the corporation. ONLY ONE PROPOSAL: No Bidder may submit more than one bid. Two bids under different names will not be received from one firm, partnership, association, or corporation. RESPONSIBILITY OF AGENT: Any person signing a bid as the agent of another, or of others, may be required to submit satisfactory evidence of authority to so sign. TITLE: The position title of any person executing the bid or Agreement shall be clearly indicated beneath the signature. RESPONSIBLE BIDDER: Bidder is not deemed a responsible bidder if Bidder is delinquent in payment of property taxes or special improvement district assessments within the City of Bozeman for at least six (6) months. Any Bidder required by the Bozeman Municipal Code to have a general business license in the City of Bozeman must obtain such license before a bid can be awarded to a bidder. EXAMINATION OF DOCUMENTS/SPECIFICATIONS: Before submitting a bid, each Bidder should examine the Bid Specifications, these Instructions to Bidders, the Bid Form, and the Construction Agreement thoroughly and become familiar with federal, state, and local laws, ordinances, rules, and regulations that may, in any manner, affect the cost or delivery of the goods. INTERPRETATION OF CONTRACT DOCUMENTS: If any person contemplating submission of a bid is in doubt as to the true meaning of any part of the specifications or the Construction Agreement, that person may submit a written request to the City for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed Construction Agreement 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 the specifications. TIME OF COMPLETION: The time of performance of the Project delivery of the goods to be purchased is a basic consideration of the award of bid. It is necessary that each Bidder satisfy the City of the Bidder’s ability to deliver the Project within the stipulated time. ADDENDA: If applicable, any addenda issued during the time of bidding, or forming a part of the specifications provided to Bidder for the preparation of Bidder’s proposal, shall be covered in the bid and shall be made a part of the Construction 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. WITHDRAWAL OF BID: No Bidder may withdraw any bid for a period as specified in the Invitation to Bid after the date and hour set for the opening declared herein. Prior to that time, Bidder may withdraw a bid by written request. The request to withdraw a bid must be signed in the same manner and by the same person or persons who signed the bid. ACCEPTANCE AND REJECTION OF BIDS: The City reserves the right to accept or reject the bids in the best interest of the City. The City reserves the right to waive informalities and irregularities in any bid submitted, to reject non-conforming, non-responsive or conditional bids, to correct arithmetic errors without changing unit price, and postpone awarding of the Construction Agreement for a period not exceeding sixty (60) days. AWARD OF BID: If the bid is to be awarded, City will award the bid to a responsible Bidder whose bid is most responsive as determined solely by the City and which conforms to all material terms and conditions of the bidding documents and proposed Construction Agreement, is lowest in price, is in the best interest of the project, and other factors considered. The award may be based on the lowest responsive cumulative base bid plus any added alternate schedules the City determines to include with the project. The successful Bidder will be notified by letter mailed to the address shown on the bid that the bid has been accepted and that Bidder has been awarded the bid. CANCELLATION OF AWARD: The City reserves the right to cancel the award of any bid at any time before the complete execution of the Construction Agreement by all parties without any liability against the City. EXECUTION AND APPROVAL OF AGREEMENT: The Construction Agreement is available for review with the Bozeman City Clerk shall be signed by the successful Bidder and returned within the time shown on the bid. If the Construction Agreement is not executed by the City within fifteen (15) days following receipt from Bidder of the signed Agreement, Bidder has the right to withdraw the bid without penalty. The Construction Agreement is not effective until it has been fully executed by all of the parties thereto. FAILURE TO EXECUTE AGREEMENT: Failure to execute the Construction Agreement shall be just cause for annulment of the award. In the event of such annulment, the bid guarantee shall be forfeited to the City, not as a penalty, but as liquidation of damages sustained. Award may then be made to the next lowest responsible and qualified Bidder, or the project may be re-advertised as the City may decide. PAYMENT: Payment for all goods purchased under the Construction Agreement will be made by the City within the time period specified in and in accordance with the procedures outlined therein. NON-DISCRIMINATION: In accordance with law, each entity submitting a bid shall affirm on the form provided by the City that the Bidder shall not discriminate in the performance of the work called for in the Bid Specifications 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 as specified in the Construction Agreement. It is further understood that any person who is in violation of this clause shall be barred forthwith from receiving awards of any purchase from the City of Bozeman unless a satisfactory showing is made that discriminatory practices have ceased, and the recurrence of such acts is unlikely.