INSTRUCTIONS TO BIDDERSProposals must be made in accordance with these Instructions to Bidders.1. DOCUMENTS: Bona fide bidders may obtain Drawings and Specifications from theEngineer: ASSOCIATED CONSTRUCTION ENGINEERING, INC.12 North BroadwayBelgrade, MT 59714Phone: (406) 388-3320Fax:
+1 (555) 000-0000 2. EXAMINATION: Bidders shall carefully examine the documents and the constructionsite to obtain first hand knowledge of existing conditions. Contractors will not be givenextra payments for conditions which can be determined by examining the site anddocuments. 3. QUESTIONS: Submit all questions about the Drawings and Specifications to theEngineer. Replies will be issued to all prime bidders of record as Addenda to theDrawings and Specifications and will become part of the Contract. The Engineer and theOwner will not be responsible for, nor can they give oral clarification. Questionsreceived less than 96 hours before the bid opening may be clarified via Facsimiletransmission if determined necessary by the Engineer. During the time period betweenthe Bid Opening and Bid Award, Engineer may only make representations specificallyauthorized by Owner. 4. SUBSTITUTIONS: In order to establish a basis of quality, certain materials or articlesare specified by designating one or more manufacturer's names, brands or numbers. It isnot the intent of the Specifications to exclude other materials or articles that measure upto the standard of those specified. Where equipment, materials, or articles are referred toin the Specifications, Contractor shall furnish to the Engineer for his approval the nameof the manufacturer of the material, machinery, mechanical, and other equipment whichhe contemplates incorporating into the work, together with their performance capacities,physical size and characteristics and other pertinent information. All considered andspecified materials, machinery, mechanical, and other equipment shall be installed asspecified. Subsequent rejection by the Engineer of an installation without approvedsubstitutions shall be at the risk of the Contractor. 5. BASIS OF BIDS: The Bidder must include all units cost items and all alternates shownon the Proposal forms; failure to comply may be cause for rejection. No segregatedproposals or assignments will be considered. 6. PROPOSALS: Owner invites following proposals: General Contract.The bid proposal form included in this bound volume shall be submitted as the biddocument. The blank spaces in the form if any, must be filled in correctly for each item.Bidder must state the prices in words and in figures for each item of work contemplatedas indicated. All bid proposals must be totaled, and in cases of errors or discrepancies theprices written in words shall govern. Any information written in areas outside the blankspaces will not be considered and may cause the entire bid to be rejected. Any bid notdisplaying the above information will be considered incomplete and may not be read.Where bidder is a corporation, bid proposals must be signed with the legal name of thecorporation followed by the name of the state of incorporation and the legal signature ofan officer authorized to bind the corporation to a contract. Envelopes and Bid shall bear the Montana State Contractor's Registration Number of theBidder. Bids shall be received no later than September 25, 2024 @ 4:00PM Address the opaque sealed envelope: To: Butte Silver Bow County Courthouse155 W Granite, Room 208Butte, MT 59701 Project: Butte Silver Bow County - Detention Center DX CoolingButte, Montana From: Contractor's NameMontana Public Contractor's Registration No. 7. MODIFICATION AND WITHDRAWAL OF BIDS: Proposals may not be modifiedafter submittal, except as herein after provided. Bidders may withdraw Proposals at anytime before bid opening but may not re-submit them. No proposal may be withdrawn ormodified after the bid opening except where the award of Contract has been delayed for30 days. Bidder may modify his bid by facsimile communication at any time prior to thescheduled closing time for receipt of bids, provided such communication is received bythe Owner prior to the closing time, and provided further, the Owner receives a writtenconfirmation of the modification with the signature of the Bidder one day prior to theclosing time of the bid. 8. QUALIFICATIONS: The Owner may make such investigations as he deems necessaryto determine the ability of the bidder to perform the work, and the bidder shall furnish tothe Owner all such information and data for this purpose as the Owner may request. TheOwner reserves the right to reject any bid if the evidence submitted by, or investigationof, such bidder fails to satisfy the Owner that such bidder is properly qualified to carryout the obligations of the Contract and to complete the work contemplated therein.Conditional bids will not be accepted. 9. DISQUALIFICATION: The Owner reserves the right to disqualify Proposals, before orafter opening, upon evidence of collusion with intent to defraud or other practices uponthe part of the Bidder. 10. OPENING: Proposals will be opened as announced in the Invitation to Bid. 11. AWARD OR REJECTION OF BIDS: The contract will be awarded to the lowestresponsible bidder, including full consideration of any alternates. Owner reserves theright to reject any and all bids and to waive any informality or irregularity in any bidreceived. The lowest responsible bidder shall be determined on the basis of the lowest Base Bid orthe lowest combination of Base Bid and Alternate Bids, if Alternate Bids are included.Owner may request additional references if deemed necessary. The Owner shall award such contract to the lowest responsible bidder in accordance withthe applicable resident bidding statutes of the State of Montana. The selection ofcontractor and award of bids is subject to approval by the Government Building Manager. Bidder agrees if, within twenty-four hours after the bids are opened, any Bidder files aduly signed, written notice with Owner and promptly thereafter demonstrates to thereasonable satisfaction of Owner, that a material and substantial mistake in thepreparation of the bid was made, the Owner may allow the Bidder to withdraw its bid andthe Bid Security will be returned. Thereafter that Bidder will be disqualified from furtherbidding on the work provided hereunder. Failure to claim a mistake as set forth hereinshall constitute a waiver to assert the mistake at a later time. 12. EXECUTION OF CONTRACT: The American Institute of Architects Standard FormAgreement, referenced herein, will be used as the contracting instrument.The contract form shall be signed by the proper representative of the contracting firm. 13. PERFORMANCE, LABOR AND MATERIAL PAYMENT SECURITY: The Ownershall require the successful contractor to furnish a Performance Bond in the amount of100% of the contract price as security for the faithful performance of his contract.The Owner shall require the successful contractor to furnish a Labor and MaterialPayment Bond in the amount of 100% of the contract price as security for the payment ofall persons performing labor and furnishing materials in connection therewith.The bonds shall be executed on the American Institute of Architects Performance Bondand Payment Bond (AIA Form A312-1984) as issued by the Owner and bound herein. 14. CERTIFICATE OF INSURANCE: Certificates of Insurance, for the limits describedelsewhere in these Contract Documents, will be required to be submitted to the Engineerand Owner prior to the issuance of the Notice to Proceed. 15. POWER OF ATTORNEY: Attorneys-in-fact who sign contract bonds must file witheach bond a certified and effectively dated copy of their power of attorney: One original copy shall be furnished with each set of bonds. Others furnished with a set of bonds may be copies of that original. Attorneys-in-fact who have their current Power of Attorney on file with the State Auditordo not need to submit these copies with contract bonds. 16. LAWS AND REGULATIONS: The bidder's attention is directed to the fact that allapplicable federal and state laws, municipal ordinances, and the rules and regulations ofall authorities having jurisdiction over the project shall apply to the contract throughoutand will be deemed to be included in this contract the same as though herein written infull. 1. All Contractors and Subcontractors performing work on this project must havea Butte Silver Bow County Business License. 17. CONDITIONS OF WORK: Each bidder must inform himself fully of the conditionsrelating to the construction of the project and the employment of labor thereon. Failure todo so will not relieve a successful bidder of his obligation to furnish all materials andlabor necessary to carry out the provisions of his contract. 18. INTERPRETATION OF CONTRACT DOCUMENTS:Bidder shall promptly notify the Engineer of any ambiguity, inconsistency, or error whichthey may discover upon examination of the Contract Documents or of the site and localconditions. 19. ASBESTOS:All materials, products, or equipment used for the construction of this work shall betotally free of asbestos. Check all materials with the shelters asbestos coordinator beforeremoval to prevent exposure to asbestos. The Contractor shall certify in writing atcompletion of the work that all materials, products, and equipment installed do notcontain asbestos. It will be the Contractor's responsibility to ascertain frommanufacturers, suppliers, and subcontractors that all materials, products, and equipmentused are asbestos free.