INSTRUCTIONS TO BIDDERS

1.01

1.02

1.03

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.

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 assume any
responsibility for errors or misinterpretations resulting from the use of incomplete
sets.

B.

Addenda any changes to the Bidding Documents occurring after the Mandatory
Pre-Bid Meeting will be posted on the City website, and e-mail notification will
be sent to all eligible bidders. It is the bidders responsibility to review
modifications and base bids on the most recent information.

EXAMINATION OF DOCUMENTS AND SITE

A.

Bidders shall 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.
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1.05

C.

Bidders shall 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.

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 5 days prior to the date
for receipt of bids. Direct all requests to the attention of Rick Carper, Public
Works Director.

B.

Any modification or interpretation of the Bidding Documents will be made by

Addendum to all who are recorded by the Engineer 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.

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 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.

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.

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1.06

PRE-BID MEETING
A.

A MANDATORY Pre-Bid meeting will be held on Wednesday, February 25,

2009, at the Public Works Office at 1200 Sandpiper Lane, Atlantic Beach, FL at
10:00 a.m.

B.

The Owner will review the entire project, including plans and specifications, and
answer any and all questions from the potential bidders. Any major modifications
or interpretations of the plans or specifications shall be included in a project
addendum.
Prior to the meeting, all questions related to the project shall be directed to the
Public Works Director, Mr. Rick Carper, 1200 Sandpiper Lane, Atlantic
Beach, FL 32233, at Tel. 904-247-5834. Examinations of documents and site as
noted in Section 1.04 shall be completed prior to the Pre-Bid Meeting.

C.

1.07

No bids will be accepted from Bidders who did not attend the Pre-Bid Meeting or
make the required site visits and documents review.

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.
2.
3.

Individual - provide name and post office address.

Partnership - provide name and post office address of each member of the
partnership.
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.

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1.08

1.09

D.

Bids shall include documentation required by the Florida "Trench Safety Act."
The prices presented in the Trench Safety Affidavit shall be inclusive of the
Bidders cost of compliance with the applicable trench safety standards. Bidders
may be disqualified and their bids rejected for failure to include documentation
required.

E.

Lump Sum and Unit Price Bids requested on the Bid Form shall be bid.

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.

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 percent (5%) of the amount of the total Bid.

B.

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.

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1.10

1.11

1.12

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.

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.

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.

Trench Safety Act: The Occupational Safety and Health Administration

excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards
will be in effect during the period of construction of the Project. In compliance
with current State of Florida statutes, the Bidder shall provide documentation
required by the Florida Trench Safety statute to the Owner, in conjunction with
the Bid Form.

C.

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.C17, for CATEGORY TWO for a period of 36 months

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from the date of being placed on the convicted vendor list. (Section 287.133(2),
FLORIDA STATUTES).
D.

1.13

LIQUIDATED DAMAGES
A.

1.14

FEDERAL FUNDING: This project will be funded partly or in total by the

Federal Government. Therefore, Bidders must comply with Title VI of the Civil
Rights Act of 1964 (24 CFR, parts 1 & 2); Title VIII of the Civil Rights Act of
1968 (24 CFR, part 115); Federal Labor Standards Provisions (HUD 4010); the
Davis Bacon Act; the Copeland Anti-Kickback Act; and the Contract Work Hours
and Safety Standards Act. Bidders are advised to refer to Section 21, Federal
Regulations, of the Specifications, for more information.

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.

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.

2.

Performance Bond guaranteeing full and faithful execution of the Work in

an amount equal to 100 percent of the Contract Sum, and including
guaranteed repair and maintenance of all defects due to faulty materials
and workmanship that appear within one year after completion of contract.
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 of the Contract Sum.

B.

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 Attorney-in-Fact 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.

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1.15

1.16

1.17

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.

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.

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 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.

PRECONSTRUCTION CONFERENCE
A.

Before starting any construction work on this project, a conference will be held in
the Owners 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
Sub-Contractors, and representatives of private utilities, if applicable.
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1.18

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. Rick Carper, Public Works Director,
1200 Sandpiper Lane, Atlantic Beach FL 32233 or Fax the form to
904-247-5843.

END OF SECTION

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CITY OF ATLANTIC BEACH, FLORIDA

GEORGE STREET SIDEWALK AND DRAINAGE CDBG PROJECT
BID NO. 0809-06
NO BID FORM
If your firm cannot submit a bid at this time, please provide the information requested in the
space provided below and return to:
Rick Carper
Public Works Director
1200 Sandpiper Lane
Atlantic Beach, FL 32233
FAX No: 904-247-5843
We have received the Invitation for Bid No.0809-06, opening date March 4, 2009. We are
unable to submit a bid at this time for the following reasons:
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Name of Firm

______________________________________

Address

______________________________________
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Name and Title

______________________________________

Signature

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