HomeMy WebLinkAboutpcl.board.meeting.01-12-1987 1SHELL13
(Revised 12-1-86)
INSTRUCTIONS TO BIDDERS
OR PROPOSERS
FOR PITKIN COUNTY CONTRACTS
For the Project Entitled: *1
Date of Bid/Proposal Opening: *2
1. a. A "bid" or "proposal" is a responsive, conforming, uncon-
ditional, complete (in ink or typewriter) , legible and
properly executed offer on the form supplied to do the
work called for in the Invitation To Bid or Request For
Proposals (and plans and specifications) for the compen-
sation specified. For the purposes of this document and
the procedures specified herein, a "bid" or a "proposal"
shall be subject to the same procedural requirements and
where only one such term is used, the other is to be
implied, as applicable, unless otherwise noted.
b. Bids and Proposals must be submitted in sealed opaque
envelopes and submitted at the time and place designated
in the Invitation to Bid (ITB) or Request for Proposals
(RFP) . Bid or proposal envelopes must be clearly marked
on the front of the envelope as a "sealed bid" or "sealed
proposal" with the project name and the name, contact
person, mailing address and telephone number of the
bidder or proposer.
c. It shall be the responsibility of the bidder or proposer
to insure that the bid or proposal document is in proper
form and in the County's possession by or before the
scheduled time and date of public bid or proposal open-
ing. Bids or proposals will not be accepted after the
scheduled time and date of opening. Any bids received
late will be returned to the bidder unopened, if possi-
ble. In the event that it is impossible to determine who
the bid is from unless the bid envelope is opened, the
bid envelope will be opened, the address determined, and
the envelope and bid returned immediately without being
considered a bid.
d. If required in the Invitation To Bid or RFP, parties who
request packages of bid or proposal documents may be
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required to pay a fee or place a deposit for the document
package. All parties who actually receive packages must
sign a list and leave the name of the potential bidder,
along with the name of a contact person, address and
telephone number for the purpose of dissemination of
Addenda or additional bid or proposal information.
e. If a mistake is made or discovered at or after the public
opening, the County reserves the right to determine which
party made the mistake and whether the mistake is material
and, after these determinations, the County, in its sole
reasonable discretion, shall make the decision whether to
accept or reject the bid or proposal. No advantage shall
be taken by either party of manifest clerical errors or
omissions in the bid or proposal documents or the Invita-
tion To Bid or Request For Proposals (and plans and
specifications) . All bidders are required to notify the
County immediately of any errors of omissions that may be
encountered. (See 2 .a. and 2 .c. , below) .
f. Any interlineation, alteration or erasure must be initial-
ed by the signer of the Bid or Proposal. If provided on
the required Bid Form, the bid price of each item must be
stated in numerals and words; in case of a conflict, the
words will control. In case of conflict between the
indicated sum of any addition of figures and the correct
sum, the correct sum will control.
g. No reimbursement will be made by the County for any costs
incurred in the preparation of a statement of qualifi-
cations, or proposals or bids, or attendance at a site
inspection, pre-bid conference or interviews.
h. No person, firm or corporation shall be allowed to make,
file or be interested in more than one bid or proposal
for the same work, unless alternate bids or proposals are
called for. A person, firm, or corporation who has
submitted a subproposal to Bidder, or who has quoted
prices on materials to a Bidder, is not hereby disquali-
fied from submitting a subproposal or quoting prices to
other Bidders.
2 . a. If any person contemplating submitting a Bid or a Proposal
is in doubt as to the true meaning of any part of the
Drawings, Specifications or other Bid, Proposal or Con-
tract Documents, or finds discrepancies, errors, ambigui-
ties, inconsistencies, incompleteness or omissions in the
Drawings or Specifications or the bid or proposal process,
he must submit to the Project Manager a written request
for an amplification, clarification, explanation, inter-
pretation or correction thereof. The Project Manager for
this work is *3
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, Pitkin County, 506 E. Main Street,
Aspen, Colorado, 81611. Phone # *4
The person submitting the request will be respon-
sible for its prompt delivery.
b. Bidders may propose substitute materials or techniques if
such substitution is equal to or better than the materials
or techniques called out in the plans and specifications
and if the substitution has been submitted in writing at
least ten (10) days prior to the public bid opening. The
burden of proof of equality or superior quality is on the
proposer. If accepted as equal by the County in its
discretion, the substitute will be designated as an
alternative on a formal addendum.
c. Any amplification, clarification, explanation, interpreta-
tion or correction of the documents will be made only by
written Addendum duly issued and a copy of the Addendum
will be mailed or delivered to each person receiving a
set of the Bid or Proposal Documents. Neither the Owner
nor the Project Manager will be responsible for any
information, representations, explanations or interpre-
tations of the Contract Documents not in written addenda.
d. The County reserves the right to call a pre-bid confer-
ence; if called and conducted, a summary of the pre-bid
conference will be mailed to all parties receiving a set
of Bid or Proposal documents.
e. On request, the County will provide each Bidder or Pro-
poser access to the site to conduct, at Bidder or Propo-
ser's sole cost, such inspections, tests and investiga-
tions as each Bidder or Proposer deems necessary for
submission of a Bid or Proposal. No information provided
by County representatives at such a site inspection shall
be deemed a waiver of the requirements of 2.a. and 2 .c. ,
above.
f. Any addenda issued during the time of the bid or proposal
process, or forming a part of the Contract Documents,
shall be covered in the Bid or Proposal, and shall be
made a part of the Contract. Receipt of each Addendum
shall be acknowledged in the Bid or Proposal.
3 . a. Each bid or proposal, if required by the bid documents,
shall be accompanied by a certified check or bid bond in
a form acceptable to the Owner, in an amount equal to 5%
or 10% of the bid or proposal, as specified, payable
without condition to the Owner as a guarantee that the
Bidder, if awarded the Contract, will promptly execute
the Agreement in accordance with the Proposal and the
other Contract Documents, and will furnish, if required
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by the bid or contract documents, good and sufficient
bonds for the faithful performance of the contract and
for the payment to all persons supplying labor and mater-
ial for the work (see 10.a. , below) . The Bid or Proposal
guaranties of all parties except the three lowest respon-
sive bids/proposals will be returned promptly after the
opening of Bids or canvass of Proposals. After execution
of the Contract and issuance of a Notice To Proceed, the
remaining two guaranties will be returned.
b. Bidder also, if required by the Bid or Proposal Documents,
will fully complete and submit with the bid or proposal a
Pitkin County Bidder's Qualification Statement, or an
updated Statement if one is already on file. Pitkin
County reserves the right to pre-qualify bidders or
proposers based on said qualification statements.
c. Bidder also must submit with the bid or proposal a list of
subcontractors, independent contractors and suppliers to
be employed under the Contract. If the County has a
reasonable objection to any such contractor or supplier,
it shall notify the bidder or proposer and the bidder or
proposer may then: (a) withdraw his bid or proposal; or
(b) substitute an acceptable contractor or supplier. If
required by the Bid or Contract Documents, subcontractors
may be required to submit a Contractor's Qualification
Statement.
d. Bids by corporations must be executed in the corporate
name by the president or a vice-president (or other
corporate officer accompanied by evidence of authority to
sign) and the corporate seal must be affixed and attested
by the secretary or an assistant secretary. The corporate
address and state of incorporation shall be shown below
the signature.
e. Bids by partnerships must be executed in the partnership
name and signed by a partner, whose title must appear
under the signature and the official address of the
partnership must be shown below the signature.
f. All names must be typed or printed below the signature.
4 . a. Bidder acknowledges that this bid or proposal is solicited
and submitted subject to the requirements of the "Pitkin
County Procurement Code, " (Section 8.5 of the Pitkin
County Home Rule Charter; Resolution No. 82-37, April 12,
1982, copies available upon request for a nominal
charge) . As such, the Bidder or Proposer agrees to comply
with all applicable requirements of said Procurement Code
relating to bidding, contract drafting, contract admini-
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stration and ethics. The requirements of the Procurement
Code are incorporated herein by this reference.
b. The Contractor shall immediately notify the County Manager
in writing of any violation of said Code by the County's
employees or agents, which violation is known or should
have been known by Contractor, and failure to so notify
the County of violations within five (5) days of knowledge
of such violations shall disqualify Contractor from award
of the Contract being bid or proposed and shall be deemed
as a waiver of any action or defense that the Contractor
may have against the County by reason of such violation
of the Procurement Code.
c. The submission of a bid or proposal shall be conclusive
evidence and legal admission that the bidder or
proposer: (1) has no questions, complaints or objections
in connection with the Bid or Proposal process and/or
documents, subject to any requests made by Bidder for
amplification, clarification, explanation, interpretation
or correction pursuant to Paragraph 2 .a. and 2.c. , above;
(2) has no questions, complaints or objections as to the
completeness, sufficiency, scope or detail of the Bid
Documents; and (3) has full knowledge of the scope,
nature, quality and quantity of work to be performed, the
detailed requirements of the bid or proposal documents
and the plans and specifications, the site and conditions
under which the work is to be performed, the Pitkin
County Procurement Code, and applicable Colorado public
works' contracting law.
5. a. All bids or proposals will be opened and read in public.
No bids may be withdrawn after the beginning of the public
opening. The County, in its sole reasonable discretion,
may delay a bid opening for no longer than two (2) busi-
ness days if weather or other circumstances beyond control
of bidders results in delay in receipt of bids. Bids may
be withdrawn at any time prior to the beginning of the
public opening or modified by a document executed and
delivered in a form substantially similar to the Bid Form
prior to Bid opening.
b. All bids submitted must be valid for a minimum period of
sixty (60) days after the date of the bid opening.
During this time, bids and bidders are investigated,
evaluated, recommended and submitted to the Board of
County Commissioners for final approval at a regular
meeting.
6. a. Bids will be awarded to the lowest responsible and respon-
sive bidder complying with the terms, conditions, guide-
lines, selection criteria, plans and specifications
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presented in the Invitation To Bid, Request For Proposals,
and these Instructions. All rights are reserved by the
County to determine, in the County's sole reasonable
discretion, whether the Bid meets the needs or purposes
intended and is within the project budget.
b. Although price is a major consideration in the award of
bids, the County does not award on prices alone. Also to
be considered would be quality of product as judged by
the County; past experience with same bidders, subcontrac-
tors, products or suppliers; qualifications of the bidders
and/or subcontractors or suppliers; services offered;
warranties; maintenance considerations; long-range costs;
delivery; and similar considerations.
c. The County reserves the absolute right to conduct such
investigations as it deems necessary to assist in the
evaluation of any bid and to establish the experience,
responsibility, reliability, references, reputation,
business ethics, history, qualifications and financial
ability of the Bidders and proposed subcontractors and
suppliers. The purpose of such investigation is to
satisfy the County that the Bidder has the experience,
resources and commercial reputation necessary to perform
the work and support any warranties in accordance with
the Contract Documents in the prescribed manner and time.
d. The County, at its sole discretion, may require the
apparent successful Bidder to demonstrate, at a place and
time designated by the County, that the bid or proposal
meets the performance criteria specified, or to otherwise
provide documented proof from independent reliable sources
acceptable to the County that said performance criteria
will be met prior to final acceptance of the bid or
proposal. The burden of proof of such a demonstration is
on the Bidder or Proposer. In the event that the apparent
successful bidder fails to demonstrate or provide accept-
able proof of meeting required performance criteria, that
bid will be rejected and the next eligible bidder in the
selection ranking will be invited to participate in the
same process until a bid or proposal meeting performance
criteria is found within the ranking of eligible bidders.
In the event that none of the participating bidders can
demonstrate or show proof meeting performance criteria,
the County reserves the right to reject any or all bids
or to otherwise accept the bid which in the County's sole
reasonable judgment is in the best interest of the County.
e. Pitkin County reserves the right, if it deems such action
to be in the best interests of the County, to reject any
and all bids or proposals or to waive any irregularities
or informalities therein. Any incomplete, conclusionary,
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false or misleading information provided by Contractor
shall be grounds for rejection of the bid or proposal.
If bids or proposals are rejected, the County further
reserves the right to investigate and accept the next
lowest bid(s) in order of ranking or to reject all bids
and re-solicit for additional bids or proposals.
f. Any questions or disputes involving the bids, bid docu-
ments or bid procedure not covered by these Instructions
or other bid documents, shall be resolved by the above-
named project manager on the basis of fairness, custom in
the industry, maximumization of competition and best
interests and convenience of the County.
7. Issuance of Notice Of Award, execution of Contract Documents
and issuance of a Notice To Proceed shall be as specified in
the Contract Documents and subject to approval by the Board
of County Commissioners.
8. a. All purchases of construction or building materials for
any Contract shall not include Federal Excise Taxes or
Colorado State or local sales or use taxes. Pitkin
County is exempt from such taxes under registration
numbers 98-02624 and 84-78000-5K.
b. Pursuant to state statute and to the extent permitted by
law, Colorado labor shall be employed to perform the work
to the extent of not less than eighty percent (80%) of
each type or class of labor employed on such project;
except for highway construction, which is subject to
C.R.S. 43-2-208, which provides that all laborers shall
be bona fide residents of Colorado with a preference to
residents of the County where the work is performed.
c. Preference is given, to the extent permitted by law, to:
materials, supplies and provisions produced, manufactured
or grown in Colorado, quality being at least equal to
materials, supplies and provisions from outside the
state: and to local (Roaring Fork Valley) services,
equipment, materials and labor of quality at least equal
to non-local services, equipment, materials and labor.
d. Pursuant to local, state and/or federal anti-discrimina-
tion and affirmative action programs, Contractor shall
meet all applicable requirements with respect to employ-
ment and subcontracting in connection with Disadvantaged-
/Minority/Women individuals and enterprises (DME/MBE/WBE) .
9 . Contracts will be executed on standard Pitkin County Contract
documents, which are standard A.I.A. form documents as amended
by Pitkin County (including the County's "Required Clauses")
and/or by separate agreement with the Contractor. Copies of
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standard forms are available for inspection upon request to
the Project Manager. The County reserves the right to nego-
tiate with the Bidder for contract terms not specified in the
Bidding Documents.
10. a. The successful Bidder, if specified by the Bid or Contract
Documents and simultaneously with the execution of the
Contract, shall be required to furnish a Performance Bond
in an amount equal to one hundred percent (100%) of the
Contract Amount and a Labor and Material Payment Bond
equal to one hundred percent (100%) of the Contract
Amount; the amounts for such bonds shall be bid as a
separate item; said bonds shall be secured from a surety
company licensed in Colorado and in a form satisfactory
to the Owner. The forms of the Bonds the successful
Bidder will be required to execute will be included in
the Contract Documents or will be standard A.I.A. forms
(see also C.R.S. 38-26-101 et sea. ) .
b. The contract also may contain strict contract time and
liquidated damages (delay) provisions.
11. If the contract awarded as a result of a bid extends beyond
the calendar year, nothing herein shall be construed as an
obligation by the County beyond any amounts that may be, from
time to time, appropriated by the County on an annual basis.
It is understood that payment under any contract is condi-
tional upon annual or supplemental statutory appropriation of
funds by said governing body and that before providing ser-
vices, the Contractor, if he so requests, will be advised as
to the status of funds appropriated for services or materials
and shall not be obligated to provide services or materials
for which funds have not been appropriated.
12 . a. The Contractor (including, by definition here and herein-
below, the Contractor's employees, officials, agents,
representatives, subcontractors and suppliers) shall
release, discharge, indemnify and hold harmless the
County of Pitkin and its officials, employees, agents and
representatives from and against liability for any claim,
demand, loss, damages, penalty, judgment, expenses, costs
(including costs of investigation and defense) , fees
(including reasonable attorney and expert witness fees)
or compensation in any form or kind whatsoever for any
bodily injury, death, personal injury or property damage
arising out of or in connection with any negligent act,
intentional act, error or omission by the Contractor, or
for any resulting liability alleged to accrue against the
County on account of the Contractor's acts, errors or
omissions; provided, however, that such indemnity shall
not be construed as an indemnity for bodily injury or
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property damage arising from the sole negligence or
intentional acts of the County or its employees.
b. The Contractor further shall investigate, process, respond
to, adjust, provide defense for and defend, pay or settle
all claims, demands, or lawsuits related hereto at its
sole expense and shall bear all other costs and expenses
related thereto, even if the claim, demand or lawsuit is
groundless, false or fraudulent.
c. To fund this indemnity in whole or in part, the Contractor
shall secure and maintain for the term of its contractual
relationship with the County such insurance policies,
from companies licensed in the State of Colorado, as will
protect itself, the County (with the County as named
insured to the extent permitted by law) , and others as
specified, from claims for bodily injuries, death, per-
sonal injury or property damage, which may arise out of
or result from the Contractor's acts, errors or omis-
sions. The following insurance coverage, at or above the
limits indicated and including such endorsements as are
indicated by an "X", are required:
(1) Statutory Workman's Compensation Colorado
statutory minimums
(2) Commercial General Liability:
Bodily Injury/Each Person 500, 000
/Each Occurrence 1, 000, 000
Property Damage/Each Accident 500,000
/Aggregate 1,000, 000
Endorsements (check as appropriate) :
x Comprehensive Form (All risks)
x Premises/Operations
Underground, Explosion &
Collapse Hazard
x Products/Completed Operations
x Broad Form Blanket Contractual
(Hold Harmless Coverage)
x Independent Contractors
and Subcontractors
Broad Form Property Damage
x Personal Injury, with Employment
Exclusion Deleted
(3) Comprehensive Motor Vehicle Liability Insurance:
Bodily Injury/Each Person 500, 000
/Each Occurrence 1, 000, 000
Property Damage/Each Accident 500, 000
/Aggregate 1, 000, 000
Endorsements (check as appropriate) :
x Any Auto
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x All Owned Autos
x Hired Autos
x Non-Owned Autos
Garage Liability
(4) Special Coverages (check as appropriate) :
x (1) Performance Bond and
Labor and Material
Payment Bond To be determined
(2) Professional Errors and Omissions
Insurance:
Each Occurrence
Aggregate
(3) Aircraft Liability
(owned, non-owned
and hired)
(4) Owner's Protective
Liability Policy
(5) Builder's Risk
(6) Boiler and Machinery
(7) Loss of Use Insurance
d. To provide evidence of the required insurance coverages,
copies of Certificates of Insurance in a form acceptable
to the County shall be filed with the County (through the
Project Manager) no later than ten (10) calendar days
prior to commencement of operations affecting the County.
Failure to file or maintain acceptable Certificates of
Insurance with the County is agreed to be a material
breach of any contract and grounds for rescission or
termination. These Certificates of Insurance shall
contain a provision that coverage afforded under the
policies will not be cancelled or materially altered
unless at least thirty (30) calendar days prior written
notice by certified mail, return receipt requested (effec-
tive upon proper mailing) , has been sent to the County
(through the Project Manager) .
e. In addition, these Certificates of Insurance shall contain
the following clauses:
(1) Underwriters and insurers shall have no right of
recovery or subrogation against the County of Pitkin,
it being the intention of the parties that the insur-
ance policies so effected shall protect both parties
and be primary coverage for any and all losses covered
by the above-described insurance. To the extent that
the County's insurer(s) may become liable for second-
ary or excess coverage, the County's underwriters and
insurers shall have no right of recovery or subroga-
tion against the Contractor.
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(2) The clause "other insurance provisions, " in a policy
in which the County of Pitkin is named as an insured,
shall not apply to the County of Pitkin.
(3) The insurance companies issuing the policy or policies
shall have no recourse against the County of Pitkin
for payment of any premiums or for assessments under
any form of policy.
(4) Any and all deductibles in the above-described insur-
ance policies shall be assumed by and be for the
amount of, and at the sole risk of the Contractors.
(5) Location of operations shall be: "all operations and
locations at which work in connection with the refer-
enced Project is done. "
f. Certificates of Insurance for all renewal policies shall
be delivered to the Project Manager at least fifteen (15)
days prior to a policy's expiration date except for any
policy expiring on the expiration date of this Agreement
or thereafter.
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