03- Instructions to Bidders.pdf

Town of Castle Rock

INFORMATION AND INSTRUCTIONS TO BIDDERS

INDEX

1.0 BID PROCESS SUBJECT TO PURCHASING CODE

2.0 DATE OF RECEIVING BIDS

3.0 BID FORMS

4.0 FAMILIARIZATION WITH THE WORK AND SITE CONDITIONS

5.0 REQUESTS FOR EXPLANATION

6.0 ADDENDA

7.0 BID GUARANTEE

8.0 BONDS

9.0 SUBMISSION OF BIDS

10.0 TAXES

11.0 BID PRICING

12.0 BIDS

13.0 AWARD OF CONTRACTS

14.0 ACCEPTANCE OF BID AND ITS EFFECT

15.0 TIME FOR EXECUTING CONTRACT AND DAMAGES FOR FAILURE TO EXECUTE

16.0 POST-BID INFORMATION

17.0 EXAMINATION OF BIDS

18.0 REJECTION OF BIDS

19.0 RIGHT TO INSPECT

20.0 LAWS TO BE OBEYED

21.0 EQUAL OPPORTUNITY

22.0 LOCAL LABOR AND MATERIALS

23.0 TIME OF COMPLETION

INFORMATION AND INSTRUCTIONS TO BIDDERS

1 BID PROCESS SUBJECT TO PURCHASING CODE

1.1 Bidding shall be conducted subject to the Procurement Code, Chapter 3.02 of the Town of Castle Rock

Municipal Code and the Town of Castle Rock Purchasing Policy.

2 DATE OF RECEIVING BIDS

2.1 Sealed Bids called for by the Invitation to Bid will be received as directed in the Invitation to Bid and then will be publicly opened and read. Bidders are requested to be present at the time the Bids are opened. Bids received after the time specified shall be returned unopened.

3 BID FORMS

3.1 The Town shall give the Bidder one copy of the Bidding Documents which will state the location and description of the proposed Work and 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 "Bid Guarantee" (which must accompany the Bid) and the date and time of the opening of the Bids. It will also state any special provisions or requirements, which vary from or are not contained in the Standard Specifications/Definitions of Bid Items. All forms bound with or attached to the Bid Forms are a necessary part thereof and must not be detached. Bids must be in ink or printed. No Bid alterations or interlineations will be permitted, unless made before submission and initialed and dated. If initialed, the Town may require the Bidder to identify the alteration so initialed. The Town will give the Bidder an additional set of Bid Forms.

No partial sets of Contract Documents and Specifications/Definitions of Bid Items will be issued.

3.2 Each Bid must contain the full name(s) and post office address of the Bidder(s), and any person signing any

Bid as agent of another, or of a firm, must furnish legal evidence of authority to do so.

3.3 A person who submits a Bid and affixes "President," "Secretary," "Agent," or other designation to his or her signature, without disclosing the principal, may be personally held to the Bid.

3.4 The Town will not consider more than one Bid from an individual, firm, partnership, or corporation under the same or different names. Evidence that any Bidder is interested in more than one Bid for the same work will be cause for rejection of all such Bids. Collusion between the Bidders will be considered sufficient cause for the rejection of all affected Bids. A party quoting prices to a Bidder is not thereby disqualified from quoting prices to other Bidders or from submitting a direct Bid on the Bidder's own behalf.

3.5 Discrepancies: In the event of a difference between extended price and unit price of the Proposal, the unit price governs.

3.6 Modifications: Modifications to Bids already submitted will be allowed if received prior to the time specified in the Invitation to Bid. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised Bids. The modifications shall be in writing and shall be signed in the same manner and by the same person(s) who signed the Proposal.

3.7 Withdrawal of Proposal: A Bidder may withdraw a Bid at any time prior to the time Bids are to be opened, by written request of the Bidder. Any such request shall be signed in the same manner as, and by the same person(s) who signed the Bid Proposal.

3.8 Alternate Bids: Whenever Alternate Bids are called for specifying the use of several different classes of materials or types of improvements for the same work, all Bidders are requested to submit prices for use of each of the several classes of materials or types of improvements as specified. The material to be used or the type of improvement to be adopted will be selected by the Town after the Bids have been opened and read. Unless otherwise specifically provided in the Specifications/Definitions of Bid Items for the improvement, Bids shall be made upon each and every item shown on the blank Bid Schedule.

3.9 Variation in Estimated Quantities: The Contractor must 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 Town reserves the right to eliminate items from the Bid Schedule when the Town deems it in its best interest.

4 FAMILIARIZATION WITH THE WORK AND SITE CONDITIONS

4.1 Before submitting Bids, prospective Bidders shall familiarize themselves with the work, the site where the work is to be performed, local labor conditions and all laws, regulations and other factors affecting performance of the work. Bidders shall carefully correlate their observations with requirements of the Contract and otherwise satisfy themselves as to the expense and difficulties attending performance of the work. The submission of a Bid constitutes a representation of compliance by the Bidder. There will be no subsequent financial adjustment for lack of such familiarization.

4.2 Site Conditions: Bidders shall visit the site of the work during the mandatory pre-bid meeting and completely inform themselves relative to construction hazards and procedures, the availability of lands, the character and quantity of surface and sub-surface materials, and utilities to be encountered, the arrangement and condition of existing structures and facilities, the procedures necessary for maintenance of uninterrupted operation of existing sewers and other utilities, the character of construction equipment and facilities needed for performance of the work, and facilities for transportation, handling, and storage of materials and equipment.

All such factors shall be properly investigated and considered in the preparation of Bids. Due to the site being gated, additional site visits following the mandatory pre-bid meeting will be allowed and shall be requested and coordinated with the Town. Should a request be made, all bidders will be notified to schedule a follow up site visit.

5 REQUESTS FOR EXPLANATION

5.1 Bidders should notify the Town of any discrepancies in or omissions from the Drawings or

Specifications/Definitions of Bid Items. Any Bidder may submit a written request for an explanation or correction of any part of the Contract, to the Project Manager a minimum of seven days prior to the Bid Opening. The person submitting the request shall be responsible for its prompt delivery.

6 ADDENDA

6.1 Any explanations or corrections shall be made as Addenda to the documents and shall be furnished to all

Bidders who shall acknowledge receipt of all Addenda in the appropriate spaces provided in the Proposal Form. Oral explanations and interpretations made prior to the Bid Opening will not be binding. No telephone Addenda will be made within the four days just prior to the Bid Opening, unless the Bid Opening is postponed or canceled.

7 BID GUARANTEE

7.1 Each Bid shall be accompanied by cash, a certified check or Bid Bond payable to the Town of Castle Rock in an amount not less than five percent of the total amount of the Bid as a Bid Guarantee, when required in the Invitation to Bid. No Bid will be considered unless accompanied by the Bid Guarantee. No personal or business checks will be accepted as Bid Guarantees.

7.2 When Alternate Bids are called for, providing for the use of several different classes of materials or types of improvements for the same work, one Bid Guarantee in the amount of five percent of the total amount of the highest Bid will be sufficient for all Bids.

7.3 The Bid Guarantee of the Bidder(s) to whom a contract award is made may be returned when the successful Bidder executes a contract and files a Labor and Material Payment Bond, and a Performance Bond. The Bid Guarantee of the next lowest responsible Bidder may be retained for a period not to exceed 45 days and may be returned after the execution of the contract and bonds by the successful Bidder. The Bid Guarantee of all other Bidders may be returned after the contract is awarded. However, surety forms provided with the Bid will not be returned unless specifically requested by the Bidder. Certified Checks or cash (used as Bid Guarantees) will be returned immediately following the Bid Opening, at the discretion of the Town, to those who are not apparent lowest responsible Bidders.

However, Certified Checks or the cash Bid Guarantee of the low three responsible Bidders may be retained until award of contract is made.

7.4 If the Successful Bidder fails to enter into a contract according to the Bidder's accepted Bid or fails to furnish the required bonds within ten days from Notice of Award, the Bid Guarantee shall be forfeited to the Town of Castle Rock as liquidated damages.

7.5 The next best Bid shall then be considered the successful Bid and, at the discretion of the Town, the contract may be awarded to the Bidder submitting that Bid.

8 BONDS

8.1 Bonds shall be executed on the forms included in the Contract Documents (or a form acceptable to the Town) by a corporate bonding company licensed to do business in the State of Colorado and acceptable as Surety to the Town.

The forms must be countersigned by the Colorado agent.

8.2 A "Power of Attorney" authorizing the attorney-in-fact to bind the surety company and certified to include the date of the bond shall accompany the bond.

8.3 The Performance Bond and Labor and Material Payment Bond must remain in full force and effect during the entire period of the guarantee.

8.4 The successful Bidder shall give a Performance Bond equal to the amount of the Contract Price. The Performance

Bond shall guarantee: (a) the faithful performance and completion of the work in strict accordance with the terms of the Contract, and each and every covenant, condition and part thereof, according to the true intent and meaning of the Contract Documents, as defined in the Contract and (b) the repair or replacement where required, or the cost thereof, for a period of one year after the issuance of the Certificate of Acceptance or until all warranty work is completed, whichever occurs last, of all work performed under the Contract. A separate Labor and Material Payment Bond equal to the amount of the Contract Price is required to ensure the payments of laborers, material men, suppliers, and subcontractors in connection with the work performed under the Contract and to satisfy the requirements of ∋38-26- 105 and 38-26-106, C.R.S., as amended. WHEN BONDS ARE REQUIRED, THE NEED AND THE NATURE OF THE

BONDS SHALL BE STATED IN THE ADVERTISEMENT FOR BIDS.

8.5 The Town of Castle Rock reserves the right to waive bond requirements if the Total Bid amount does not exceed

$50,000.

9 SUBMISSION OF BIDS

9.1 One copy of the completed Bid Forms and the Bid Guarantee must be submitted in the Bidder's own envelope. The second copy of the Bid Forms contained in the Bidding Documents are for the Bidder's records.

9.2 All copies of the Bid Forms, the Bid Guarantee and any other documents required to be submitted with the Bid shall be enclosed in a sealed, opaque envelope bearing the following address and information:

a) Town of Castle Rock Parks and Recreation Department 1375 West Plum Creek Pkwy.

Castle Rock, CO 80109 Attn: Rich Havel

9.3 Clearly mark the subject of your email with the Project Name and YOUR COMPANY NAME.

9.4 Timely delivery of Bids is the Bidder’s Responsibility.

9.5 Oral, telephone or fax Bids are invalid and will not receive consideration.

10 TAXES

10.1 Pursuant to ∋39-26-114, C.R.S., as amended, the Town of Castle Rock is exempt from paying sales or use taxes.

Materials and equipment purchased solely for Town projects, that will become a permanent part of the final project, are tax exempt. Contractors must obtain their own tax-exempt number from the Colorado State Department of Revenue for each project. The Town will furnish its tax-exempt numbers for the Contractor to reference when applying for its own tax-exempt number.

11 BID PRICING

11.1 Unit Price Bid Schedule: When the Town requests Unit Prices, the Bidder shall fully complete the schedule of unit prices included in the Bid Proposal Form.

11.2 When the Town includes an additional amount on the bid schedule for minor contract revisions and the Town has estimated bid quantities on the schedule, Bidders shall include that add amount in the total Bid price.

11.3 The total of all the unit prices bid multiplied by the estimated quantity of each item shall be the total Bid price. The

Town will pay for the final measured, used, or delivered quantities at unit prices in the Bid.

12 BIDS

12.1 Opening of Bids: The sealed Bids will be opened publicly and read aloud at the time, date, and place set in the

Invitation to Bid. Bidders or their authorized agents are invited to be present and examine any Bid after opening.

12.2 Irregular Bids: Bids may be rejected if they show any omission, alteration of form, additions not called for, conditional

Alternate Bids, or irregularities of any kind which, in the opinion of the Town, tend to make the Bid indefinite or ambiguous.

The Town will reject Bid Proposals with prices, which are obviously unbalanced as determined by the Town.

Contracts will be awarded only to responsible Bidders capable of performing the class of work contemplated.

The Bidder shall furnish a complete statement of the Bidder's experience and of the amount of capital and equipment available for the proposed work on the Bidder's Qualification and Data form provided in the Bid Forms.

12.3 Collusion Bids will be rejected if there is reason for believing that collusion exists among the Bidders.

Participants in such collusion are subject to suspension and debarment.

For certain projects, the Town may require potential bidders to submit information regarding the bidders' qualifications in addition to the Qualification Application for Contractors and Professional Services. The requirement for such information will be identified in the Invitation to Bid or elsewhere in the Bid Documents. Any information requested by or on file with the Town may be used to qualify or disqualify potential bidders.

13 AWARD OF CONTRACTS

13.1 Any or all Bids may be rejected or informalities in bids may be waived at the option of the Town.

13.2 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, or the acquisition of contracted services.

13.3 Lowest Responsible Bidder: In determining Lowest Responsible Bidder, in addition to price, the factors listed in 13.4.a through 13.4.e will be considered. A bidder may be rejected if, in the judgment of the Town, the bidder does not comply with or meet the criteria defined in one or more of these factors.

13.4 The following procedures shall be used in the evaluation of all competitive solicitations:

a. After competitive solicitations are received they will be examined and a variety of factors considered as follows:

1. Lowest price – if a solicitation has been received from a responsive and responsible bidder and the required supply, service, or construction item is of standard quality, lowest price may be the determining factor.

2. Delivery/completion – in some cases where it is determined that delivery/completion time is essential and minimum delays are deemed economically justifiable, deliver/completion time can be a determining factor in the award.

3. Warranty – extended warranties may be a determining factor if they are deemed economically justifiable in reducing future operating costs.

4. Performance factors – equipment and supplies that are produced by various manufacturers are often subject to differences in quality, performance and suitability for a particular application. Performance factors may be considered in an award if they justifiably affect the overall cost and economy.

5. Other – any other criteria stated in the formal solicitation as being deemed in the best interests of the Town.

b. Multiple source awards – there may be times that it is necessary or advantageous to make an award to more than one bidder for the same or similar items. Although this need is recognized, care must be exercised to protect the principles of the competitive process. A multiple award may only be made when it is deemed economically justifiable or when a single award will not accomplish the requirements of the bid.

c. In the case of identical price bids, a decision will be made by evaluating all award criteria. The final determination in identical price bids will be made by the department director.

d. If the award was not made to the lowest bidder, documentation shall be prepared explaining the reasons for determining the successful bidder. This documentation will be attached to the appropriate purchase requisition and/or contract.

e. Results of formal competitive process may be provided after completion of the award. There is no requirement to initiate contact with unsuccessful bidders to release the results of the award.

14 ACCEPTANCE OF BIDS AND ITS EFFECT

14.1 The Town will act upon the Bids with reasonable promptness after the opening of the Bids. The acceptance of a Bid will be a written Notice of Award signed by the duly authorized representative of the Town. No other act of the Town shall be necessary to constitute acceptance of a Bid. The acceptance of a Bid binds the successful Bidder to execute the required Agreement for Construction Contract and take all action necessary to fulfill the Contract.

15 TIME FOR EXECUTING CONTRACT AND DAMAGES FOR FAILURE TO EXECUTE

15.1 Any Bidder whose Bid is accepted will be required to execute the Contract and furnish the Contractor's Bonds required under Section 6, Bid Guarantee, within ten days after written notice that the Contract has been awarded to the Bidder, or by such time as modified by Special Conditions. Failure to do so shall constitute a breach of the Contract effected by the acceptance of the Bid.

15.2 The damages to the Town for such breach will include loss from interference with the construction program and other items whose accurate amount will be difficult or impossible to compute. The amount of the Bid Guarantee accompanying the Bid shall be retained by the Town as reasonable liquidated damages and not as a penalty for such breach.

15.3 The Town is authorized, the same as if the Bid Guarantee or Bid contained an expressed stipulation to that effect, to cause such work to be done, or complete the work in-house, or contract with some other Contractor to do so, and/or compute the difference between actual cost to the Town of such improvements and the sum which it would cost if the defaulting Bidder complied with the Bid.

16 POST-BID INFORMATION

16.1 Unless previously requested or unless waived by the Town, the Bidder shall, within ten days of receiving the

Notice of Award, submit the following information to the Town:

16.1.1 A designation of the work to be performed by the Bidder with the Bidder's own forces;

16.1.2 The proprietary names and the suppliers of principal items or systems of material and equipment proposed for the work;

16.1.3 A list of names of the Subcontractors or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the work;

16.1.4 A proposed schedule of construction and estimated monthly payments.

16.2 The Bidder will be required to establish to the satisfaction of the Town, the reliability and responsibility of the proposed Subcontractors to furnish and perform the Work described in the Sections of the Specifications/Definitions of Bid Items pertaining to such proposed Subcontractor's respective trade

16.3 Prior to the Award of Contract, the Town will notify the Bidder in writing if the Town, after due investigation, has reasonable objection to any person or organization on such list. If the Town, in its sole discretion, has a reasonable objection to any person or organization on such list, and refuses in writing to accept such person or organization, the Bidder shall submit an acceptable substitute Subcontractor.

17 EXAMINATION OF BIDS

17.1 All Bids submitted shall be made available for examination by interested parties within a reasonable time following the Bid Opening. All information in the Bid Documents will be available for public scrutiny, unless the Bidder specifically requests confidential treatment of some or all of its commercial data.

Requests for confidentiality shall be in writing, and the portions of the commercial data for which confidentiality is requested shall be clearly identified.

Procurement information shall be a public record to the extent provided by Article 24.72, C.R.S., as amended, and shall be available to the public as provided in the statute.

18 REJECTION OF BIDS

18.1 The Town of Castle Rock reserves the right to cancel this Invitation to Bid; reject any Bid, in whole or in part;

to adjust the quantity of Work to be done as mandated by budgetary requirements; and to waive informalities or irregularities in the Bids received; when it is in the Town's best interest to do so.

The Town of Castle Rock reserves the right to accept the Bid, which in the opinion of the Town will best suit the Town's purpose.

19 RIGHT TO INSPECT

19.1 The Town may, at reasonable times, inspect the part of the plant, place of business or worksite of the Bidder or the Bidder's subcontractors at any tier which is pertinent to the performance of the award of the Contract.

20 LAWS TO BE OBEYED

20.1 Bidders shall familiarize themselves with the provisions of the laws of the State of Colorado and the Federal

Government, and with all local laws and all regulations made which are pertinent to the proposed work and shall comply with the same.

21 EQUAL OPPORTUNITY

21.1 The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, or national origin, or other reason prohibited by applicable federal, state or local law, ordinance or regulation. The Contractor shall abide by all federal laws in effect during the Contract period, which govern Equal Opportunity Employment.

22 LOCAL LABOR AND MATERIALS

22.1 Preference shall be given to employment of Colorado labor pursuant to ∋8-17-101 and 102, C.R.S., as amended.

22.2 Pursuant to statutory authority, preference shall be given to materials, supplies, and provisions produced, manufactured, or grown in Colorado, quality being equal to articles offered by competitor outside the state (∋8-18-101 through 103, C.R.S., as amended).

23 TIME OF PROJECT COMPLETION: SUBSTANTIAL COMPLETION: THURSDAY, MAY 21, 2026

FINAL CONSTRUCTION COMPLETION: THURSDAY, JUNE 4,

23.1 TIME IS OF THE ESSENCE and the Bidder agrees to comply with all partial completion dates and to substantially complete the Project within the stated time beginning on the date of Notice to Proceed.

INFORMATION AND INSTRUCTIONS TO BIDDERS