Information for Bidders
The bidder will be furnished with the Proposal Form by the Engineer, which will state the location and description of the proposed work to be constructed and which will show the estimate of the various quantities of work to be performed and materials to be furnished, the time in which the work must be completed, the amount of the "Proposal Guaranty" (which must accompany the Proposal) and the date and time of the opening of the Proposals. It will also state any special provisions or requirements which vary from or are not contained in the standard specifications. All paper bound with or attached to the Proposal Forms are a necessary part thereof and must not be detached.
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2. VARIATION IN ESTIMATED QUANTITIES:
The Contractor may reasonably expect a variation in the estimated quantities from the actual quantities and no claims will be allowed for anticipated profits, for loss of profits or for damage of any sort because of a difference between the estimate of any item and the amount of the item actually required. The Owner reserves the right to eliminate items from the Proposal when such is deemed in his best interest.
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3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE:
It shall be the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state, and local laws and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. Any interpretation of the Contract Documents will be made only by addendum. The Owner will not be responsible for any other explanations or interpretations of the Contract Documents.
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a. For paving, utility and building projects each bid shall be accompanied by:
A Bidder's Bond in the amount 5% of the bid made payable to the City of Minot, North Dakota (NDCC 40-22-20, 48-02-04).
b. For curb, gutter and sidewalk projects each bid shall be accompanied by:
A Bidder's Bond, executed fully by bidder and surety, in the amount of $500.00 (NDCC 40-29-07, 40-31-03).
c. For service connection projects, each bid shall be accompanied by a certified check in the amount of $500.00,payable to the City of Minot. (NDCC 40-28-07).
d All such checks and Bidders Bonds will be returned to the respective unsuccessful bidders within ten (10) days after the award is made except those the Owner elects to hold until the successful bidder has executed the Contract. Thereafter all checks and Bidders Bonds will be returned within ten (10 days).
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If the Proposal is made by an individual, his name and post office address must be shown and the Proposal must be signed. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown and the Proposal signed by an authorized member of the firm or partnership. If made by a corporation, the person signing the Proposal must show the name of the State under the law of which the corporation was chartered and the names, titles, and business addresses of the President, Secretary and Treasurer, and signed by a corporation officer.
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All bids must be placed in a sealed envelope upon the outside of which there is disclosed the following information:
a. The work covered by the bid;
b. The name of the person, firm or corporation submitting the bid;
The envelope containing the bid bond must also include a copy of the bidder's license or license renewal.
Proposals may be mailed to the City Auditor or submitted to him in person. No bids will be received after the time set for opening them. A bidder may withdraw his Proposal without prejudice to himself, provided he files a written request with the City Auditor not later than the day before bids are to be opened.
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Proposals will be opened publicly and read by the City Clerk, in the presence of at least one City Council member, at the date set in the "Advertisement for Proposals" or "Notice to Contractors". Bidders or their authorized agents are invited to be present and are permitted to examine any bid after opening.
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Proposals may be rejected if they show any omission, alteration of form, additions not called for, conditional alternate bids, or irregularities of any kind which may tend to make the Proposal indefinite or ambiguous as to its meaning.
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9. DISQUALIFICATION OF BIDDERS:
Any or all Proposals will be rejected if there is a reason for believing that collusion exists among the bidders and all participants in such collusion will not be considered in future Proposals for the same work. Proposals in which the prices obviously are unbalanced as determined by the Engineer will be rejected. No Contract will be awarded except to responsible bidders capable of performing the class of work contemplated. The bidder shall furnish a complete statement of his experience and of the amount of capital and equipment available for the proposed work, if so requested by the City Council or the Engineer.
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a. Any or all bids may be rejected or informalities in bids may be waived at the option of the Owner.
b. The award of the Contract is contingent upon securing an acceptable bid which will fall within the amount of funds available for construction of the project.
c. The Contract will be awarded to the lowest responsible bidder.
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11. LOWEST RESPONSIBLE BIDDER:
In determining "Lowest Responsible Bidder", in addition to price, the following factors will be considered:
a. The ability, capacity and skill of the bidder to perform the Contract or provide the services required;
b. Whether the bidder can perform the Contract or provide the service promptly, or within the time specified, without delay or interference;
c. The character, integrity, reputation, judgment, experience and efficiency of the bidder;
d. The quality of performance of previous Contracts or service;
e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract or service;
f. The sufficiency of the financial resources and ability of the bidder to perform the Contract or provide the service;
g. The quality, availability and adaptability of the supplies, or contractual services to the particular use required;
h. The ability of the bidder to provide future maintenance and service for the use of the subject of the Contract;
i. The number and scope of conditions attached to the bid.
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12. ACCEPTANCE OF PROPOSALS AND ITS EFFECT:
Within thirty (30) days after the opening of the Proposals, the Owner will act upon them. The acceptance of a Proposal will be a notice in writing signed by a duly authorized representative of the Owner, and no other act of the Owner shall be necessary to constitute acceptance of a Proposal. The acceptance of a Proposal shall bind the successful bidder to execute the required Contract.
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13. TIME FOR EXECUTING CONTRACT AND DAMAGES FOR FAILURE TO EXECUTE:
Any bidder whose Proposal shall be accepted will be required to execute the Contract and furnish Contractor's Bond required under paragraph 14 hereof, within ten (10) days after notice that the Contract has been awarded to him. Failure to do so shall constitute a breach of the Agreement effected by the acceptance of the Proposal.
The damages to the Owner for such breach will include loss from interference with his construction program and other items whose accurate amount will be difficult or impossible to compute. The amount of the bidder's check or bond accompanying the Proposal for such bidder shall be retained by the Owner as liquidated damages for such breach.
The City Council shall be authorized, the same as if the bond or bid contained an expressed stipulation to that effect, to cause such work to be done, or complete the work, or contract with some other contractor to do or complete the necessary work and to charge against the Bond the difference between actual cost to the City of such improvements and the sum which it would cost if the defaulting bidder complied with his bid.
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The successful bidder shall within the time fixed by the City Council for executing the Contract, file with the City Auditor, a Contractor's Bond in a sum equal to the full amount of the Contract. Such Contractor's Bond shall be executed by the bidder or Contractor as principal and a surety company, authorized to do business in the State of North Dakota and in a form satisfactory to the City Attorney of the City of Minot.
Such bond shall be made payable to the City, and shall be conditioned that he will faithfully perform the work bid for in accordance with the terms of and within the time provided for in such Contract, and pursuant to the plans and specifications and Proposal for such work on file in the City Auditor's Office and pay for all labor and materials used in such work, all taxes of any nature, Workmen's Compensation charges, and all other obligations arising out of his performance of the Contract. In case of default on the part of the bidder or Contractor to perform such work as provided in the Contract, the sum named in the bond shall be taken and held to be fixed and liquidated damages in favor of the City and full amount thereof may be recovered from said bidder and his sureties in an action by the City against them on said bond.
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The sufficiency of any bond filed by the bidder, shall be determined by the City Council at the time of considering bids. If the Council shall at any time deem the bond of a Contractor insufficient either in the form or as to sureties it may require the successful bidder or Contractor to furnish a new bond to be approved by the City Council within such reasonable time as the Council may fix; and if the bidder or Contractor shall fail to furnish such new bond within the required time after notice for him to do so, his Contract may be cancelled and in that event the Contractor's Bond shall be liable the same as if the Contractor had failed to perform his Contract.
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16. ENGINEER-CONTRACTOR CONFERENCE:
Approximately one (l) week prior to the bid opening date to be set forth in the "Advertisement for Proposals" all interested bidders are invited to a meeting with the engineer to be held in the Council Chambers of the Minot Civic Center, or City Engineer's Office. This meeting is optional at the request of the City Engineer or any prospective bidder. If any prospective bidder is interested in such a meeting, he should contact the City Engineer.
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17. PLAN AND SPECIFICATION DEPOSIT:
Plans and specifications will be supplied by the Engineer for a fee of $15.00 (up to 5 plan sheets), or $25.00 for more than 5 plan sheets. This fee shall be non-refundable and shall be charged to all plan holders including contractors, subcontractors, suppliers and builders' service exchanges.