SECTION INSTRUCTIONS TO BIDDERS

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1 SECTION INSTRUCTIONS TO BIDDERS PARAGRAPH TITLE PAGE NO. 1. FORMAT 3 2. SPECIFICATION LANGUAGE 3 3. GENERAL DESCRIPTION OF THE PROJECT 3 4. QUALIFICATION OF CONTRACTORS 3 5. DOCUMENT INTERPRETATION 3 6. BIDDER'S UNDERSTANDING 4 7. DRAWINGS 4 8. TYPE OF PROPOSAL 4 9. PREPARATION OF PROPOSALS CHANGES IN QUANTITIES STATE & LOCAL SALES AND USE TAXES SUBMISSION OF PROPOSALS TELEGRAPHIC OR WRITTEN MODIFICATION OF PROPOSAL WITHDRAWAL OF PROPOSAL BID SECURITY RETURN OF BID SECURITY AWARD OF CONTRACT BASIS OF AWARD EXECUTION OF CONTRACT PLANS FOR CONSTRUCTION PERFORMANCE AND PAYMENT BONDS FAILURE TO EXECUTE CONTRACT AND FURNISH BOND /

2 INSTRUCTIONS TO BIDDERS (continued) PARAGRAPH TITLE PAGE NO. 23. TIME OF COMPLETION SWORN STATEMENT ON PUBLIC ENTITY CRIMES BID PROTEST PROCEDURE /

3 1. FORMAT The Contract Documents are divided into parts, divisions, and sections in keeping with accepted industry practice to separate categories of subject matter for convenient reference thereto. Generally, there has been no attempt to divide the specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project. 2. SPECIFICATION LANGUAGE "Command" type sentences are used in the Contract Documents. These refer to and are directed to the Contractor. 3. GENERAL DESCRIPTION OF THE PROJECT A general description of the work to be done is contained in the Invitation to Bid. The scope is indicated on the plans and is specified in applicable parts of these Contract Documents. Bidders shall rely on the drawings, specifications, contract documents and addenda in preparing their proposal. 4. QUALIFICATION OF CONTRACTORS The prospective bidders must meet the statutorily prescribed requirements before Award of Contract by Okeechobee County. 5. DOCUMENT INTERPRETATION The Contract Drawings governing the work proposed herein consist of the Drawings and all material bound herewith. These Contract Documents are intended to be mutually cooperative and to provide all details reasonably required for the execution of the proposed work. Any person contemplating the submission of a proposal shall have thoroughly examined all of the various parts of these documents, and should there be any doubt as to the meaning or intent of said Contract Documents, the Bidder should request the Engineer, in writing, (at least seven (7) calendar days prior to bid opening) an interpretation thereof. Any interpretation or change in said Contract Documents will be made only in writing, in the form of Addenda to the Documents which will be furnished to all Bidders receiving a set of the Documents. Bidders shall submit with their proposals, or indicate receipt of, all Addenda. Neither Owner nor Engineer will be responsible for any other explanation or interpretations of said Documents not issued in writing by Addendum. 6. BIDDER'S UNDERSTANDING Each Bidder must inform himself of the conditions relating to the execution of the work and it is assumed that he will inspect the site and make himself thoroughly familiar with all the Contract Documents. Failure to do so will not relieve the successful Bidder of his obligation to enter into a Contract and complete the contemplated work in strict accordance with the Contract Documents. It shall be the Bidder's obligation to verify for himself and to his complete satisfaction all information concerning site and subsurface conditions /

4 6.1 Information derived from inspection of Drawings showing location of utilities and structures will not in any way relieve the Contractor from any risk, or from properly examining the sites and making such additional investigations as he may elect, or from properly fulfilling all the terms of the Contract Documents. 6.2 Each Bidder shall inform himself of, and the Bidder awarded a Contract shall comply with, Federal, State and local laws, statutes, and ordinances relative to the execution of the work. This requirement includes, but is not limited to, applicable regulations concerning minimum wage rates, nondiscrimination in the employment of labor, protection of public and employee safety and health, environmental protection, the protection of natural resources, fire protection, burning and non-burning requirements, permits, fees, and similar subjects. 7. DRAWINGS No return of Drawings is required and no refund of the Drawing purchase price will be made. 8. TYPE OF PROPOSAL When the Proposal for the work is to be submitted on a unit price basis, unit price Proposals will be accepted on all items of work set forth in the Proposal, except those designated to be paid for as a lump sum. The estimate of quantities of work to be done is tabulated in the Proposal and, although stated with as much accuracy as possible, is approximate only and is assumed solely for the basis of calculation upon which the award of Contract shall be made. Payment to the Contractor will be made on the measurement of the work actually performed by the Contractor as specified in the Contract Documents. The Owner reserves the right to increase or decrease the amount of any class of work as may be deemed necessary, unless otherwise specified in the Supplementary Conditions. 8.1 When the proposal for the work is to be submitted on a lump sum basis, the lump sum price shall include all labor, materials, and equipment to complete the work described in the bid item included in the bid schedule. The bid items are intended to be general in nature and are not meant to be exhaustive in detail. Payment for all portions of the work associated with and necessary for the completion of a bid item shall be included in the lump sum price for that item whether or not it is mentioned specifically in the bid item description. All work described in the plans and specifications shall be accomplished and paid for as a part of one or more bid items. If the Contractor believes that a portion of the work as described in the plans and specifications has not been included in any bid item, he shall bring this fact to the attention of the Engineer at least one week before the bids are to be received. Otherwise, it shall be assumed that the Contractor's proposal includes reimbursement for all work described in the plans and specifications. 9. PREPARATION OF PROPOSALS Bidders must complete and return the following: Bid - Section Bid Bond - Section Contractor s Qualifications Form Section Disadvantaged Business Enterprise Form - Section Sworn Statement On Public Entity Crimes - Section /

5 Acknowledgment Of Conformance With O.S.H.A. Standards - Section Bidder s Affidavit In Compliance With Florida Trench Safety Act - Section Drug Free Work Place Form - Section Community Development Block Grant Forms Section Bidders must submit bid prices for all items. All blank spaces in the Proposal form must be filled in, preferably in blue ink, in both words and figures where required. No changes shall be made in the phraseology of the forms. Written amount shall govern in case of discrepancy between the amounts stated in writing and the amounts stated in figures. In case of discrepancy between unit prices and totals, unit prices will prevail. Bidders must complete all forms included with the Bid Documents accompanied by such certificates and forms as specified elsewhere herein. 9.2 Any proposal shall be deemed non-responsive which contains materials omissions, or irregularities, or in which any of the prices are obviously unbalanced, or which in any manner shall fail to conform to the conditions of the published Invitation to Bid. 9.3 Only one bid from any individual, firm, partnership, or corporation, under the same or different names, will be considered. Should it appear to the Owner that any Bidder is interested in more than one bid for work contemplated, all bids in which such a Bidder is interested will be rejected. 9.4 The bidder shall sign his Proposal in the blank space provided therefore. If the Bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign Contracts on behalf of the corporation. If Bidder is a partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign Contracts in behalf of the partnership. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a notarized power-of-attorney must be on file with the Owner prior to opening of proposals or submitted with the Proposal. 10. CHANGES IN QUANTITIES The Owner reserves the right to increase or decrease the amount of any class of unit price work that may be deemed necessary, except that such increases or decreases in amounts shall not be more than twenty-five (25%) percent of the quantities shown on the Drawings, and Specifications without a negotiated Change Order. 11. STATE AND LOCAL SALES AND USE TAXES Unless Supplementary Conditions contains a statement that the Owner is exempt from State sales tax on materials incorporated into the work due to the qualification of the work under this Contract, all State and local sales and use taxes, as required by the laws and statutes of the State and its political subdivisions, shall be paid by the Contractor. Prices quoted in the Proposal shall include all nonexempt sales and use taxes, unless provision is made in the proposal form to separately itemize the tax. 12. SUBMISSION OF PROPOSALS All Proposals must be received not later than the time prescribed, at the place, and in the manner set forth in the Invitation to Bid. Proposals must be made on the Proposal Forms provided herein /

6 12.1 The Owner will not accept Proposal forms separated from the Contract Documents. Each Proposal must be submitted in a sealed envelope, marked "BID Okeechobee County, CAS PROJECT NO If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to Okeechobee County, 304 NW 2 nd Street, Room 106, Okeechobee, FL TELEGRAPHIC OR WRITTEN MODIFICATION OF PROPOSAL Any Bidder may modify his bid by telegraphic or written communication at any time prior to the scheduled closing time for receipt of bids, provided such communication is received by the Owner prior to the closing time. The telegraphic or written communication should not reveal the bid price; it should, however, state the addition or subtraction or modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. 14. WITHDRAWAL OF PROPOSAL Any Proposal may be withdrawn prior to the scheduled time for the opening of proposals either by telegraphic or written request, or in person. No proposal may be withdrawn after the time scheduled for opening of proposals, for a period of 90 days. 15. BID SECURITY Proposals must be accompanied by cash, a certified check, or cashier's check drawn on a local bank in good standing, or a bid bond issued by a Surety authorized to issue such bonds in the State of Florida, in the amount of five (5%) percent of the total amount of the Proposal submitted. This bid security shall be given as guarantee that the Bidder will not withdraw or modify his Proposal for a period of ninety (90) days after bid opening, and that if awarded the Contract, the successful bidder will execute the attached Contract and furnish properly executed Performance and Payment Bonds, equal to the total price of the Contract within the time specified The Attorney-in-Fact (Resident Agent) who executes this bond in behalf of the Surety must attach a notarized copy of his power-of-attorney as evidence of his authority to bind the Surety on the date of execution of the bond If the Bidder elects to furnish a Bid Bond, he shall use the Bid Bond form found bound herewith, or one conforming substantially thereto in form and content. 16. RETURN OF BID SECURITY Within fifteen (15) days after the award of the Contract, the Owner will return the Bid securities to all Bidders whose Proposals are not to be further considered in awarding the Contract. Retained bid securities will be held until the Contract has been finally executed, after which all bid securities, other than Bidders' bonds and any guarantees which have been forfeited, will be returned to the respective bidders whose proposals they accompanied. 17. AWARD OF CONTRACT Within thirty (30) calendar days after the opening of Proposals, unless otherwise stated in the Invitation to Bid or Supplementary Conditions of these Documents, the Owner will accept one of the Proposals or will act in accordance with BASIS OF AWARD, below. The acceptance of the Proposal will be by written Notice of Award, mailed or delivered to the office designated in /

7 the Proposal. In the event of failure of the lower responsible and responsive qualified Bidder to sign and return the Contract with acceptable Performance and Payment bonds, as prescribed herein, the Owner may award the Contract to the next lowest responsible and responsive qualified Bidder. Such award, if made, will be made within sixty (60) days after the opening of proposals. 18. BASIS OF AWARD The Contract will be awarded to the responsive, responsible Bidder submitting the lowest acceptable Proposal. Responsive Bidder shall be defined as any person, firm or corporation submitting a bid for the work contemplated whose Bid Form is complete and regular, free of exclusions or special conditions and has no alternative bids for any items unless requested in the technical specifications. Responsible Bidder shall be defined as any person, firm, or corporation, having the proper qualifications, licensure or registration as may be required to perform the work as specified within these Contract Documents, submitting a bid for the work contemplated who maintains a permanent place of business, has adequate personnel and equipment to do the work properly and within the time limit that is established, and has adequate status to meet his obligations contingent to the work The Owner reserves the right to award the Contract as best serves the interests of the Owner. In determining a responsible bidder, the Owner may conduct a thorough background investigation of the company, its share holder(s) and officers; take into consideration the experience of the company; take into consideration the experience of the qualifier; current, pending, and/or prior litigation, whether as plaintiff or defendant regardless of whether the claim resulted in a judgment; recommendation by prior employer(s) of company and/or qualifier; bonding/surety company; history of change orders; cost estimate; minority use; warrant; local office; and any other factor the Owner deems appropriate to establish that Proposer is deemed responsible and has adequate status to meet his obligation to perform the work. Further to these items, the Owner, at his discretion and expense, may solicit a report from Dunn & Bradstreet or any other reporting agency to make a determination as to the credit worthiness and solvency of each Proposer. Submission of a bid proposal constitutes an acceptance of these terms and provides the Owner or his designated representative, full permission and authority to perform said background investigations The Owner, in the process of evaluating the proposals submitted to determine the lowest responsive and responsible Proposer, may at his discretion analyze in addition to the above the following minimal criteria; experience of the proposing firm, experience of the firm s qualifier, incidents of past utility damage, aggregate bonding capacity, current staffing, equipment and workload and any past or present warranty claim issues If, in the opinion of the Owner or his designee, the information gathered or discovered in conjunction with the aforementioned background investigation reflects negatively on the Proposer to such a degree that the Owner has serious doubts or reservations as to the Proposer s ability to perform or complete the required work within the time specified, the Owner may discard said proposal and award the Contract to the next lowest responsive, responsible Proposer If, at the time this Contract is to be awarded, the total of the lowest acceptable Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all bids or take such other action as best serves the Owner's interests /

8 18.5 The Owner reserves the right to reject any and all Proposals for any reason where the Owner deems rejection to be in its best interest, or to reject any proposal not in compliance with the Contract Documents. The Owner reserves the right to waive any informalities and irregularities in said Proposals The decision of the Owner shall be final. Proposers eliminated due to any of the factors listed herein and above shall not be entitled to any compensation or recovery, notwithstanding clear and evident violations of law. 19. EXECUTION OF CONTRACT The successful Bidder shall, within seven (7) calendar days after receiving notice of award, sign and deliver to the Owner the Contract hereto attached together with the acceptable bonds as required in these Documents. Within fourteen (14) calendar days after receiving the signed Contract with acceptable bonds from the successful Bidder, the Owner's authorized agent will sign the Contract. Signature by both parties constitutes execution of the Contract Failure on behalf of the Bidder to deliver the Contract hereto attached together with the acceptable bonds as required in these Documents within seven (7) calendar days shall constitute a finding of default on behalf of the Bidder and shall be grounds for the Owner to award the Contract to the next lowest responsive responsible Bidder as stipulated in Section 18 of these Documents. 20. PLANS FOR CONSTRUCTION The successful Bidder will be furnished four sets of Contract Documents without charge. Any additional copies required will be furnished to the Bidder at reproduction cost. Reproduction costs shall be fixed at the rate of $ 2.72 per sheet in 24 x 36 size and $ 1.25 per sheet in 11 x 17 size, for the duration of this Agreement. 21. PERFORMANCE AND PAYMENT BOND The successful Bidder shall file with the Owner a Performance Bond and a Payment Bond on the forms bound herewith, each in the amount of 100 percent of the Contract Price in accordance with the requirement of Florida Statutes Section or , as applicable, as security for the faithful performance of the Contract and the payment of all persons supplying labor and materials for the construction of the work, and to cover all guarantees against defective workmanship or materials for the construction of the work, and to cover all guarantees against defective workmanship or materials, or both, for a period of 1 year after the day of final acceptance of the work by the Owner. The Surety furnishing this bond shall have a sound financial standing and a record of service satisfactory to the Owner, shall be authorized to do business in the State of Florida, and shall be listed on the current U.S. Department of Treasury Circular Number 570, or amendments thereto in the Federal Register, of acceptable Sureties for Federal projects. The attorney-in-fact (Resident Agent) who executes this Performance and Payment Bond in behalf of the Surety must attach a notarized copy of his power-of-attorney as evidence of his authority to bind the Surety on the date of execution of the Bond All Contracts, Performance and Payment Bonds, and respective powers-of-attorney shall have the same date /

9 22. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND The Bidder who has a Contract awarded to him and who fails to promptly and properly execute the Contract and furnish the Performance and Payment Bond shall forfeit the bid security that accompanied his bid, and the bid security shall be retained as liquidated damages by the Owner, and it is agreed that this sum is a fair estimate of the amount of damages the Owner will sustain in case the Bidder fails to enter into a Contract and furnish the bond as hereinbefore provided. Bid security deposited in the form of cash, a certified check, or cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Bid Bond. 23. TIME OF COMPLETION The time of completion of the work to be performed under this Contract is in the essence of the Contract. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the General Conditions. The time allowed for the completion of the work shall be stated in the proposal. 24. SWORN STATEMENT - PUBLIC ENTITY CRIMES No public entity shall accept any bid from, award any contract to, or transact any business with any person or affiliate in excess of the threshold for Category II in , Florida Statutes for a period of thirty-six (36) months from the date the person or affiliate was placed on the convicted vendors list. This applies to contractors, suppliers, subcontractors and consultants. 25. BID PROTEST PROCEDURE Okeechobee County has no written Formal provisions for Bid Protesting, therefore, the following procedure shall apply: All Proposers, by submitting a bid for the contemplated work, hereby acknowledge and affirm their acceptance of the Bid Protest Procedures as outlined herein Any Proposer wishing to protest the bid, bid procedure or intent to award the contemplated Contract shall, within seventy-two (72) hours of the action giving rise or cause for protest, submit written notification to the Okeechobee County, 304 NW 2 nd Street, Room 123, Okeechobee, Florida, The written Notice of Protest shall state specifically the cause or causes for protest, i.e., irregular bid, contradictory Contract language, findings of fact regarding selection, addendum acknowledgement, and evidence of collusion or other bid form irregularities The County Administrator shall forward the Notice of Protest to the Board of County Commissioners for review and consideration. The Notice of Protest shall be publicized at the next immediate Board meeting. If warranted, the Board will open a quasi-judicial hearing and comment shall be taken from all appropriate parties, including but not limited to; Protester, County Commissioners, County Administrator, County Attorney, County Engineer and interested citizens The Board of County Commissioners shall consider the validity of the Protest and determine the necessary course of action Course of Action may include but not be limited to; complete dissolution of the bid, rejection of a single bid, rejection or elimination of any portion of the bid which gives /

10 rise to the protest, waiver of any or all irregularities, or any other action deemed appropriate by the Board of County Commissioners in accordance with applicable law. All decisions of the Board of County Commissioners shall be deemed final and binding on all parties. END OF SECTION /

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