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3.0 Galpin INSTRUCTIONS TO BIDDERS - 070220IB - 1 INSTRUCTIONS TO BIDDERS 1. RECEIVING BIDS 1.1 Sealed bids will be received by the OWNER, at the offices of the ENGINEER, Sathre-Bergquist, Inc., 150 South Broadway, Wayzata, Minnesota 55391. 1.2 BIDS will be received up to the date and time specified on the PROPOSAL FORM. BIDS received after the specified time will be returned unopened. 2. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE 2.1 PLANS and SPECIFICATIONS are on file in the offices of the ENGINEER. Additional information maybe obtained from those offices. 2.2 BIDDERS must familiarize themselves with all ordinances and statutes pertaining to public improvements, and examine and determine for themselves the location and nature of the proposed WORK, and the amount and character of the labor and materials required therefore, and the difficulties which may be encountered. Each BIDDER shall visit the site of the WORK and shall thoroughly and fully inform himself relative to construction hazards and procedure, labor, and all other conditions and factors, local and otherwise, which would affect the prosecution and completion of the WORK and its cost. Such considerations shall include the arrangement and conditions of existing structures and facilities affecting, or which are affected by, the proposed WORK, the procedure necessary for maintenance of uninterrupted operation of existing facilities, the availability and cost of labor, and facilities for transportation, handling, and storage of materials and equipment. All such factors shall be properly investigated and considered in the preparation of the BIDDER’S proposal. There will be no subsequent financial adjustment to any CONTRACT for lack of such prior information or its effect on the cost of the WORK. 3. PROPOSAL SUBMISSION 3.1 Bids shall be submitted in ink on the Proposal Form which is bound into the SPECIFICATIONS. The SPECIFICATIONS, Proposal Form, and Agreement are in one volume and this shall be submitted intact, in a sealed envelope plainly marked as to the Title of Project. Each proposal must contain the full name or names and post office address of the BIDDER or BIDDERS, and any person signing any proposal as agent of another or of a firm, must furnish legal evidence of his authority to do so. More than one proposal from an individual firm, partnership or corporation under the same or different names will not be considered. Evidence that any BIDDER is interested in more than one proposal for the same WORK will cause rejection of all IB - 2 such proposals. Collusion between the BIDDERS will be considered sufficient cause for the rejection of all bids so affected. A party who has quoted prices to a BIDDER is not thereby disqualified from quoting prices to other BIDDERS, or submitting a direct bid on his own behalf. 3.2 Failure on the part of any bidder to carry out previous contracts satisfactorily, or his lack of experience or equipment necessary for the satisfactory completion of the project may be deemed sufficient cause for disqualification. 3.3 Unless otherwise specifically provided in the SPECIFICATIONS for the improvement, bids must be made upon each and every item on the blank Proposal Form. 3.4 Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if received prior to the time specified in the “Special Provisions”. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. 3.5 Whenever alternate bids are called for, specifying the use of several different classes of material or types of improvement for the same work, all BIDDERS are requested to submit prices for use of each of the several classes of material to be used or the type of improvement to be adopted will be selected by the OWNER after the proposals have been opened and read. 4. ADDENDA 4.1 Any explanation regarding the meaning or interpretation of CONTRACT DRAWINGS, SPECIFICATIONS, or other CONTRACT DOCUMENTS must be requested in writing, with sufficient allowance of time for receipt before the time specified for opening bids. Any such explanations or interpretations shall be made in the form of addenda to the documents and shall be furnished to all BIDDERS, who shall submit all addenda with their bids. Oral explanations and interpretations made prior to the bid opening shall not be binding. Receipt of Addenda must be acknowledged on the Proposal Form. Failure to acknowledge receipt may be considered valid reason to disqualify the BIDDER’S proposal, at the OWNER’S discretion. 5. CAPITAL AND EQUIPMENT 5.1 BIDDERS must present satisfactory evidence that they are familiar with the class of work specified, and that they have the necessary capital, tools, machinery and other equipment necessary to conduct the WORK and complete the improvement within the time specified in the SPECIAL PROVISIONS in a good and workmanlike manner and to the satisfaction of the ENGINEER. IB - 3 6. PROPOSAL GUARANTEE 6.1 Each proposal shall be accompanied by a money order, certified check or bid bond payable to the OWNER in an amount not less than five percent (5%) of the total amount of the bid. No proposal will be considered unless accompanied by such deposit. 6.2 In case alternate bids are called for, providing for the use of several different classes of materials or types of improvement for the same WORK, one deposit in the amount of five percent (5%) of the total amount of the highest bid will be sufficient for all proposals. 6.3 As soon as a CONTRACT is awarded, all proposal guarantees shall be returned to the BIDDERS, except that of the successful BIDDER, which shall be retained until the CONTRACT has been signed and the bonds of the CONTRACTOR have been filed, approved and accepted which shall be within ten (10) days of notice of award of the CONTRACT. If the successful BIDDER shall fail to enter into such CONTRACT in accordance with his accepted proposal or shall fail to furnish the required bond within ten (10) days from notice of award, his proposal guarantee shall be forfeited to the OWNER as liquidated damages. The next best proposal shall be then considered the successful bid, and, at the discretion of the OWNER, the CONTRACT maybe awarded to the BIDDER submitting that proposal. 7. FINANCIAL DATA 7.1 The successful BIDDER shall have the right to receive financial data from the OWNER which provided information to the BIDDER under consideration for award that the payment provisions under the CONTRACT can be met by the OWNER. In the event that the OWNER refuses to provide financing information to the BIDDER, or should the BIDDER consider that the OWNER’S resources are inadequate, the BIDDER may withdraw his BID without penalty. 8. WITHDRAWAL OF BID 8.1 No BIDDER may withdraw his proposal for a period of sixty (60) days after the date and hour set for the opening. A BIDDER may, upon his written request, withdraw his proposal at any time prior to the deadline for submission of his bids. 9. ACCEPTANCE AND REJECTION OF BIDS 9.1 The OWNER reserves the right to accept the bid which, is the lowest and best bid; to award the CONTRACT by sections; to reject any or all bids; and to waive IB - 4 irregularities or informalities in any bid. Bids received after the specified time of closing will be returned unopened. 10. PAYMENTS 10.1 Payment for all WORK performed under the proposed CONTRACT will be issued and paid as provided in the GENERAL CONDITIONS, or as modified by the SPECIAL PROVISIONS. 11. TIME OF COMPLETION 11.1 The time of completion is an essential part of the CONTRACT and it will be necessary for each BIDDER to satisfy the OWNER of this ability to complete the WORK within the allowable time. Attention is directed to the provisions of the GENERAL CONDITIONS and SPECIAL PROVISIONS relative to delays, completion dates, extension of time, and liquidated damages. 12. LIST OF SUBCONTRACTORS 12.1 All BIDDERS shall list in the space provided on the proposal form the name of the CONTRACTOR or SUBCONTRACTOR proposed to perform the major items of WORK shown. This list of CONTRACTORS or SUBCONTRACTORS shall be considered part of the proposal and must be filled out completely on each proposal submitted. Deviation from this list after the contract has been awarded shall require a change order in the contract. The OWNER reserves the right to reject any BIDS which do not conform to this requirement and award the contract in the best interest of the OWNER.