CITY OF CAPE CORAL INVITATION TO BID. Weir 15 Bladder & Controls Improvements ITB-UT18-41/KR

Transcription

1 CITY OF CAPE CORAL INVITATION TO BID Weir 15 Bladder & Controls Improvements CITY OF CAPE CORAL Finance/Procurement Division 1015 Cultural Park Blvd., 2 ND Floor Cape Coral, FL February 2018 Issue Date: February 2018

2 CITY OF CAPE CORAL WEIR 15 Bladder & Controls Improvments TABLE OF CONTENTS Section Title VOLUME 1 OF 2 (DIVISIONS 00, 01 & 02 THROUGH 17) DIVISION 00 - BIDDING AND CONTRACT REQUIREMENTS Legal Notice Instructions to Bidders Bid Form Subcontractor Listing Sworn Statement - Public Entity Crimes Form 3A Interest in Competitive Bid for Public Business Drug Free Workplace Certification Trench Safety Form Contractor s Self-Performed Work Evaluation Form Acknowledgement of Insurance Requirements Decline to Bid Form Bidder s Information Statement and Questionnaire Bid Bond Corporate Resolution Noncollusion Affidavit Business Ethics Requirements Agreement Construction Performance Bond Construction Payment Bond General Conditions Supplementary Conditions Exhibit "A" - Pricing of Construction Contract Change Orders Exhibit "B" - Right of Audit Examination of Records Exhibit "C" - Record Keeping Notice to Proceed Form Change Order Form Application for Payment Form Schedule of Values Materials Stored On Site Form Shop Drawing Submittal Form Certificate of Substantial Completion Form Final Release of Lien Form Field Order Form Contractor Request for Information Form Construction Accident Report Form Weir 15 Bladder & Controls Improvements -i- February 2018

3 CITY OF CAPE CORAL WEIR 15 Bladder & Controls Improvments TABLE OF CONTENTS (Continued) Section Title Pressure Test Form Work Directive Form Daily Construction Report Form Change Proposal Summary Form Request for Proposal for Proposed Change Form Consent of Surety to Final Payment Waranty Guaranty Form Certification of Contractor DIVISION 01 - GENERAL REQUIREMENTS Project Requirements Summary of Work Measurement and Payment Project Coordination Field Engineering and Surveying Permits and Fees Shop Drawings, Working Drawings and Samples Quality Control Mobilization Temporary Utilities Protection of Existing Facilities Hurricane Preparedness Site Access and Storage Temporary Erosion and Sediments Maintenance of Traffic Products, Materials, Equipment, and Substitutions Contract Closeout Cleaning Project Record Documents Warranties and Bonds DIVISION 02 - SITEWORK Dewatering Trench Safety Earthwork Air Supply Line Testing Weir 15 Bladder & Controls Improvements -ii- February 2018

4 CITY OF CAPE CORAL WEIR 15 Bladder & Controls Improvments TABLE OF CONTENTS (Continued) Section Title Restoration DIVISION 03 CONCRETE Cast-in-Place Concrete DIVISION 04 MASONRY NOT USED DIVISION 05 METALS Miscellaneous Metalwork DIVISION 06 WOOD AND PLASTICS NOT USED DIVISION 07 THERMAL AND MOISTURE PROTECTION NOT USED DIVISION 08 DOORS AND WINDOWS NOT USED DIVISION 09 FINISHES Protective Coating DIVISION 10 SPECIALTIES NOT USED DIVISION 11 EQUIPMENT NOT USED DIVISION 12 FURNISHINGS NOT USED DIVISION 13 SPECIAL CONSTRUCTION Weir 15 Bladder & Controls Improvements -iii- February 2018

5 CITY OF CAPE CORAL WEIR 15 Bladder & Controls Improvments TABLE OF CONTENTS (Continued) Section Title NOT USED DIVISION 14 CONVEYING SYSTEMS NOT USED DIVISION 15 - MECHANICAL Air Supply Pipiing and Appurtenances DIVISION 16 ELECTRICAL Raceways DISISION 17 - NOT USED CONTRACT DRAWINGS: VOLUME 2 OF 2 City of Cape Coral Weir 15 Bladder & Controls Improvements as Prepared by Tetra Tech, Inc. Weir 15 Bladder & Controls Improvements -iv- February 2018

6 CITY OF CAPE CORAL Weir 15 Bladder & Control Improvements DIVISION 0 BIDDING AND CONTRACT DOCUMENTS

7 CITY OF CAPE CORAL CAPE CORAL, FLORIDA Weir 15 Bladder & Controls Improvements TABLE OF CONTENTS Section Title DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS Legal Notice Instructions to Bidders Bid Proposal Form Subcontractor Listing Sworn Statement - Public Entity Crimes Form 3A Interest in Competitive Bid for Public Business Drug Free Workplace Certification Trench Safety Form Contractor's Self-Performed Work Evaluation Form Acknowledgement of Insurance Requirements Decline to Bid Form (If Applicable) Bidder s Information and Statement Questionnaire Bid Bond Corporate Resolution Noncollusion Affidavit Business Ethics Requirements Agreement Construction Performance Bond Construction Payment Bond General Conditions Supplementary Conditions Exhibit A - Pricing of Construction Contract Change Order Exhibit B - Right of Audit Exhibit C - Record Keeping and Public Records Notice to Proceed Form Change Order Form Application for Payment Form Schedule of Values Materials Stored On Site Form Shop Drawing Submittal Form Certificate of Substantial Completion Form Final Release of Lien Form Field Order Form Contractor Request for Information Form Construction Accident Report Form Pressure Test Form Work Directive Form Daily Construction Report Form Change Proposal Summary Form Weir 15 Bladder & Controls Improvements -i- February 2018

8 CITY OF CAPE CORAL CAPE CORAL, FLORIDA Weir 15 Bladder & Controls Improvements TABLE OF CONTENTS Request for Proposal for Proposed Change Form Consent of Surety to Final Payment Warranty-Guaranty Form Certification of Contractor Weir 15 Bladder & Controls Improvements -ii- February 2018

9 LEGAL NOTICE The City of Cape Coral, Florida will receive Sealed Bids for the Weir & Bladder Control Improvements Invitation to Bid - ITB-UT18-41//KR in accordance with the specifications on file. Detailed specifications and drawings may be obtained: in person from the City of Cape Coral, Procurement Division, 1015 Cultural Park Blvd., Second Floor, Cape Coral, FL 33990; via phone (239) ; or a copy of the Invitation to Bid may be obtained online at or via request to krose@capecoral.net. One (1) original and two (2) copies, and one (1) readable/reproducible electronic disk (CD/DVD), and/or flash drive copy of the completed submittal is required (copies must mirror the original including signed documents included in sealed envelope see labeling instructions below). Sealed Bids will be publicly opened at Cape Coral City Hall, 1015 Cultural Park Blvd., Cape Coral, Florida The names of bidders submitting to this Invitation to Bid will be read aloud, and the total dollar bid submittal amount. BIDS DUE IN PROCUREMENT BY: 1:30 PM Eastern - Thursday, March 22, 2018 BIDS PRESENTED AFTER THIS TIME WILL BE REFUSED. BID OPENING TIME: 2:00 PM Eastern Thursday, March 22, 2018 Conference Room 220A - City Hall Second Floor MANDATORY PRE-BID MEETING 10:30 AM Eastern Thursday, February 22, 2018, in Conference Room A200 Green Room at the Nicholas Annex Building, 815 Nicholas Parkway E, Cape Coral, Florida NOTE: No questions will be accepted after 5:00 PM (Eastern) on March 09, 2018 and all questions must be submitted in writing and received by Procurement by this stated time. BIDS MUST BE DATE STAMPED AT THE OFFICE OF THE PROCUREMENT DIVISION NO LATER THAN 1:30 PM, Eastern, Thursday, March 22, BIDS PRESENTED AFTER THAT TIME WILL BE REFUSED. The time indicated on the date stamp machine located in the Procurement Division is considered the official time. It is the responsibility of the bidder to ensure all Bids are actually received by the Procurement Division by the submission deadline. Procurement is not responsible for late mail or overnight deliveries. Once submitted all bids/proposals will become the property of the City of Cape Coral. Bids/Proposals will not be returned. Pursuant to Florida State Statute (2), sealed bids, proposals or replies received by an agency pursuant to a competitive solicitation are exempt from s (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. All bids are to be submitted and addressed ONLY to ATTN: PROCUREMENT DIVISION, BIDS WILL NOT BE ACCEPTED AT ANY OTHER LOCATION. MAILING ADDRESS: PHYSICAL ADDRESS: City of Cape Coral PROCUREMENT DIVISION Procurement Division Cape Coral City Hall PO Box Cultural Park Blvd. 2 nd Floor Cape Coral FL Cape Coral FL SEALED ENVELOPES Containing Bid Documents MUST BE MARKED on OUTERMOST ENVELOPE (including mail/carrier envelopes) with Following: "", "Weir 15 & Bladder Control Improvements and Submitting Firm Name & Business Address. The City reserves the right to reject any or all bids in whole or in part and to waive any irregularities or informalities when in the best interest of the citizens of the City of Cape Coral. By Order of the City Manager Rebecca van Deutekom, MMC-City Clerk Advertise: February 14, 2018

10 SECTION INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS Page ARTICLE 1 Defined Terms... 1 ARTICLE 2 Copies of Bidding Documents... 1 ARTICLE 3 Qualifications of Bidders... 1 ARTICLE 4 Site and Other Areas; Existing Site Conditions; Examination of Site; Owner s Safety Program; Other Work at the Site... 2 ARTICLE 5 Bidder s Representations... 3 ARTICLE 6 Pre-Bid Conference... 4 ARTICLE 7 Interpretations and Addenda... 4 ARTICLE 8 Bid Security... 5 ARTICLE 9 Contract Times... 5 ARTICLE 10 Liquidated Damages... 5 ARTICLE 11 Substitute and Or-Equal Items... 5 ARTICLE 12 Subcontractors, Suppliers, and Others... 6 ARTICLE 13 Preparation of Bid... 6 ARTICLE 14 Basis of Bid... 7 ARTICLE 15 Submittal of Bid... 7 ARTICLE 16 Modification and Withdrawal of Bid... 8 ARTICLE 17 Opening of Bids... 8 ARTICLE 18 Bids to Remain Subject to Acceptance... 8 ARTICLE 19 Evaluation of Bids and Award of Contract... 9 ARTICLE 20 Bonds and Insurance... 9 ARTICLE 21 Signing of Agreement ARTICLE 22 Sales and Use Taxes ARTICLE 23 Bid Protest Procedures ARTICLE 24 - Local Vendor Preference 11 Weir 15 Bladder & Controls Improvements TOC February 2018

11 ARTICLE 1 DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office The office from which the Bidding Documents (Bid Documents and Contract Drawings) are to be issued Finance/Procurement Division. B. Days are calendar days unless otherwise specified. ARTICLE 2 COPIES OF BIDDING DOCUMENTS 2.01 A complete set of the Bidding Documents will be provided from the Issuing Office in the number and format stated in the advertisement or Legal Notice Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. ARTICLE 3 QUALIFICATIONS OF BIDDERS 3.01 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder s representations and certifications The Bidder must provide evidence that he/she is licensed to provide general construction services in the State of Florida as described per the construction plans and/or Work description. This evidence should include verifiable proof of a minimum of three (3) consecutive years as a State of Florida Licensed Contractor under the same name as listed in Specification Section 00300, Bid Form and as listed in Section 4 of the Bidder s Information Statement and Questionnaire form (Specification Section 00301). A Bidder officially changing their name any time during the three (3) year period prior to the Bid submittal date should provide verifiable documentation of the name change and verifiable evidence of a minimum of three (3) consecutive years as State of Florida Licensed Contractor. Bidders not meeting this requirement may be deemed as being non-responsive and their bid rejected. The Bidder will be required to identify the Contractor s license number, expiration date and name of the primary qualifying agent of the Bidder. If the primary qualifying agent is not the owner, an officer, partner, a member, a joint venture managing partner, etc., the Bidder will be required to describe the relationship to the company and provide verifiable evidence of such relationship and/or license use agreement. A Bidder responding to this Invitation to Bid (ITB) as a joint venture is required to obtain bid authority under Rule 61G , Florida Administrative Code and include evidence of such bid authority in its response to this ITB. This information and the required submittal requirements are to be included as a part of Specification Section 00301, Bidder s Information Statement and Questionnaire and submitted as a part of the Bid package. EACH member of a partnership or qualifying joint venture must complete and submit, as a part of the Bid package, a completed Bidder s Information Statement and Questionnaire (Specification Section 00301). Weir 15 Bladder & Controls Improvements February 2018

12 ARTICLE 4 SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER S SAFETY PROGRAM; OTHER WORK AT THE SITE 4.01 Site and Other Areas A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor Existing Site Conditions A. Subsurface and Physical Conditions; Hazardous Environmental Conditions 1. The Supplementary Conditions identify: a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site. b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. d. Technical Data contained in such reports and drawings. 2. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply. B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions. Weir 15 Bladder & Controls Improvements February 2018

13 4.03 Site Visit and Testing by Bidders A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site. B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner s authority regarding the Site. D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs. Payment for furnishing all the required local government permits and or fees, including, but not limited to, license fees, permit fees, recording fees, impact fees, and inspection fees is included as an allowance in Section Bid Form. Payment will be made at the actual verified cost (invoice) for furnishing all the local government permits and or fees, including, but not limited to, license fees, permit fees, recording fees, impact fees, and inspection fees. There will be no mark-ups for profit, acquisition, or other such costs whatsoever. E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies Contractor s Safety Program A. Site visits and work at the Site will be governed by a Contractor safety program Other Work at the Site A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any. ARTICLE 5 BIDDER S REPRESENTATIONS 5.01 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents; B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work; Weir 15 Bladder & Controls Improvements February 2018

14 D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings; E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder s safety precautions and programs; F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. promptly give Owner written notice within timeframe indicated in the bid documents of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents; I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 6 PRE-BID CONFERENCE 6.01 A mandatory Pre-Bid conference will be held at the time and location stated in the invitation or advertisement to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are required to participate in the conference. Owner will transmit to all prospective Bidders of record such Addenda as Owner considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. Subsequent written questions must be submitted via to Owner/Procurement (Owner), Ms. Kathy Rose, krose@capecoral.net. ARTICLE 7 INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Owner via . Interpretations or clarifications considered necessary by Owner in response to such questions will be issued by Addenda delivered to all parties recorded as Weir 15 Bladder & Controls Improvements February 2018

15 having received the Bidding Documents. Questions received less than seven (7) business days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents. ARTICLE 8 BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five percent (5%) of Bidder s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 business days after the award, Owner may consider Bidder to be in default, annul the award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner s exclusive remedy if Bidder defaults The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 120 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within ten business days (10) after the Bid Award. ARTICLE 9 CONTRACT TIMES 9.01 The number of calendar days within which the Work is to be substantially completed and ready for final payment are set forth in the Agreement (Section 00500). ARTICLE 10 LIQUIDATED DAMAGES Provisions for liquidated damages for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are as set forth in Article 4.03 of the Agreement (Section 00500). ARTICLE 11 SUBSTITUTE AND OR-EQUAL ITEMS The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or or-equal items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or or-equal item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract. Weir 15 Bladder & Controls Improvements February 2018

16 ARTICLE 12 SUBCONTRACTORS, SUPPLIERS, AND OTHERS A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a verified list of the Subcontractors and/or Suppliers proposed for the portions of the Work. If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions. ARTICLE 13 PREPARATION OF BID The Bid Form is included as a part of the Bidding Documents in Section A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein. B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words No Bid or Not Applicable. C. Each bidder shall submit one (1) original and two (2) hard copies, and one electronic copy (CD, Flash Drive or DVD), exactly mirroring the entire Bid Proposal Package. This includes all signatures and dates that may be required on all forms. Weir 15 Bladder & Controls Improvements February 2018

17 13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown A Bid by an individual shall show the Bidder s name and official address A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown All names shall be printed in ink below the signatures The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form Postal and addresses and telephone number for communications regarding the Bid shall be shown The Bid shall contain evidence of Bidder s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder s state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14 BASIS OF BID Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form. B. The Bid Price (sometimes referred to as the extended price) for each unit price Bid item will be the product of the Estimated Quantity (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding Bid Unit Price offered by the Bidder. The total of all unit price Bid items will be the sum of these Bid Prices ; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum Allowances A. For cash allowances the Bid price shall include such amounts as actually incurred by the Bidder on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph B of the General Conditions. ARTICLE 15 SUBMITTAL OF BID The copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 6 of the Bid Form. Weir 15 Bladder & Controls Improvements February 2018

18 15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation BID ENCLOSED. A mailed Bid shall be addressed to Procurement Division, City of Cape Coral, City Hall, 1015 Cultural Park Boulevard, 2 nd Floor, Cape Coral, FL Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened. ARTICLE 16 MODIFICATION AND WITHDRAWAL OF BID A Bid may be withdrawn by an appropriate document duly executed in the same 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. Upon receipt of such notice, the unopened Bid will be returned to the Bidder If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph and submit a new Bid prior to the date and time for the opening of Bids After bids are opened, corrections or modifications to bids are not permitted, but a bidder may be permitted to withdraw an erroneous bid, prior to the bid award by City Council, if the following is established: (a) (b) (c) That the bidder acted in good faith in submitting the bid; That in preparing the bid there was an error of such magnitude that enforcement of the bid would work severe hardship upon the bidder; That the error was not the result of gross negligence or willful inattention on the part of the bidder; (d) That the error was discovered and communicated to the City within twenty four (24) hours of bid opening, along with a request for permission to withdraw the bid; and (e) The bidder submits documentation and an explanation of how the bidding error was made. ARTICLE 17 OPENING OF BIDS Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, Contractor and Bid Amount will be read aloud publicly. ARTICLE 18 BIDS TO REMAIN SUBJECT TO ACCEPTANCE All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. Weir 15 Bladder & Controls Improvements February 2018

19 ARTICLE 19 EVALUATION OF BIDS AND AWARD OF CONTRACT Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, mathematically unbalanced, materially unbalanced, front loaded or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. A mathematically unbalanced bid is one containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder s anticipated profit, overhead costs, and other indirect costs, which the bidder anticipates for the performance of the items in question. A materially unbalanced bid is a bid where there is reasonable doubt that award to the bidder submitting the mathematically unbalanced bid will result in the lowest ultimate cost to the City. A front loaded bid is considered one in which prices offered for performance and/or acquisition activities to occur early in the project schedule do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder s anticipated profit, overhead costs, and other indirect costs, which the bidder anticipates for the performance of the items in question. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid Evaluation of Bids A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers. The Owner may waive any irregularities or requirements requested and may request any additional information deemed necessary to satisfy its evaluation of bidders. This request for additional information or clarification may be performed anytime up to and including post bid submittal, as may be deemed necessary. ARTICLE 20 BONDS AND INSURANCE Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation. Weir 15 Bladder & Controls Improvements February 2018

20 ARTICLE 21 SIGNING OF AGREEMENT When Owner issues a Notice of Intent to Award to the Successful Bidder, it shall be a requirement that an unexecuted Agreement, will be signed by the successful bidder. Upon Owner award and completion of execution of the Agreement, Owner shall deliver one fully executed counterpart of the agreement to the Successful Bidder. The Successful Bidder, will then provide within fourteen (14) calendar days thereafter, the recorded bonds and insurance and any documentation required to be delivered to the Owner. ARTICLE 22 SALES AND USE TAXES Owner is exempt from Florida state sales and use taxes on materials and equipment to be incorporated in the Work. (Exemption No C-5). Said taxes shall be included in the Bid. Refer to Paragraph SC-7.03.D of the Supplementary Conditions for additional information. ARTICLE 23 BID PROTEST PROCEDURES Right to Protest. Any person or firm who is affected adversely by the City s decision or intended decision may protest as outlined in City of Cape Coral Ordinance Article VII, Section Time Limits and Form of Protest. A protest with respect to an Invitation for Bid or Request for Proposal shall be submitted in writing to the Procurement Manager prior to the opening of the bids or the closing date of proposals. A written notice of intent to protest an intended bid award with the City Procurement Manager within five (5) business days (excluding Saturdays, Sundays, and Legal Holidays) after the date of mailing of the notice of intent to award the contract. A written notice of intent to protest the ranking of proposals submitted in response to a request for proposal shall be filed with the Procurement Manger within five business days (excluding Saturdays, Sundays and legal holidays) after the date of mailing of the notice of ranking by the SAC or by the City Manager or designee. Only those persons or firms who have been submitted a bid/proposal or who have been interviewed and ranked shall be permitted to file a protest. A formal written protest shall be filed within ten (10) calendar days after the filing of the initial written notice of intent to protest and shall be delivered in a manner that requires a signature by a representative of the City. The formal written protest shall state with particularity the facts and law upon which the protest is based. Failure to file a notice of protest or failure to file a formal written protest within the time limits prescribed herein shall constitute a waiver of the right to protest. Upon the filing of a formal written protest the contractor or vendor shall post a bond, payable to the City of Cape Coral, in an amount equal to five percent of the total bid or estimated contract amount, or five thousand dollars ($5,000.00), whichever is less. The bond shall be conditioned upon the payment of all costs which may be adjudged against the protesting contractor or vendor in the event the protest is resolved adversely to the protester. An Irrevocable Letter of Credit or other form of approved security, payable to the CITY, will be accepted. Failure to submit a bond simultaneously with the formal written protest shall invalidate the protest and the CITY may proceed to award the contract as if the protest had never been filed. Weir 15 Bladder & Controls Improvements February 2018

21 23.03 Hearing. If the subject of a protest is not resolved by mutual agreement within seven (7) calendar days after receipt of a formal written protest, the matter may, at the option of the City Council, be referred to a hearing officer or administrative law judge who shall conduct a hearing within 15 calendar days of receipt of the formal written protest. The hearing officer or administrative law judge shall render a recommended order within 30 calendar days after the hearing. The recommended order shall be scheduled on the next Council agenda for final action. If Council so elects; the protest may be heard directly by the City Council Stay of Action. Upon receipt of a formal written protest which has been timely filed, the CITY shall stop the bid solicitation, RFP process or the contract award process until the subject of the protest is resolved either informally or by formal City Council action, unless the City manager sets forth in writing particular facts and circumstances which require the continuance of the bid solicitation or RFP process or the contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare Decision; Entitlement to Costs. If a protest is sustained and it is determined that the protesting bidder should have been awarded the contract under the solicitation but is not, then the protesting bidder or offeror shall be entitled to recover from the City the reasonable costs incurred in connection with preparing its bid, but shall not be entitled to recover lost profits or attorney s fees. The decision shall be final and conclusive as to the City unless an appeal is filed or an action is filed in court within ten (10) days of the date of the decision of Council. ARTICLE 24 LOCAL VENDOR PREFERENCE In accordance with Article VII Division 1 Sections 2-144(a(10) of the City of Cape Coral Ordinance prior to award, a vendor who desires to be considered for local preference in a bid must submit sufficient information with its bid or proposal to allow consideration, including a copy of a paid business tax receipt showing one full year in advance of the bid. END OF SECTION Weir 15 Bladder & Controls Improvements February 2018

22 ARTICLE 1 BID RECIPIENT 1.01 This Bid is submitted to: SECTION BID FORM CITY OF CAPE CORAL WEIR 15 BLADDER & CONTROLS IMPROVEMENTS City of Cape Coral, Procurement Division, 1015 Cultural Park Blvd., 2 nd Floor, Cape Coral, FL The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents EXECUTION OF BID: The Official Bid Form must contain a manual signature of an authorized representative. Bid must be typed or printed in ink. Use of erasable ink is not permitted. All corrections made by bidder to his/her bid price must be initialed AWARD: The City Council reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids; to reject any and all bids in whole or in part with or without cause, and/or to accept bids that in its judgment will be in the best interest of the City. Following complete investigation of each bid received by the City, the City Council reserves the right to make awards on a multiple, lump sum, or individual item basis or in combination as shall best serve the interest of the City. The City reserves the right to negotiate additional related services PRICES: Bidder warrants by virtue of bidding that any orders placed within the bid period shall be honored at the prices, items and conditions quoted in his/her Official Bid Form. When a yearly quote is being obtained, bidder must contractually commit that bid amount on bid form is firm with no escalation in unit price or otherwise for 365 days from award date. Prices must be stated in units of quantity specified in the bid specifications. In case of discrepancy in computing the amount of the bid, the unit price will prevail LIABILITY INSURANCE: Where bidders are required to enter City property to deliver materials or perform work or service as a result of bid award, the bidder assumes full duty obligation and expense of obtaining all necessary insurance and associated licenses and/or permits. Insurance requirements are identified in SC-Article 6 of the Supplementary Conditions (Section 00800). ARTICLE 2 BIDDER S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 120 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. All bids will be publicly opened at the designated time and location specified within the Legal Notice. Weir 15 Bladder & Controls Improvements FEBRUARY 2018

23 ARTICLE 3 BIDDER S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum Date B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder s safety precautions and programs. F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. Weir 15 Bladder & Controls Improvements FEBRUARY 2018