Bidding - General Conditions (RFPs) 2024.pdf

General Conditions and Contract Requirements

City of Woodland Park Request for Proposals

This General Conditions and Contract Requirements Addendum (the “Addendum”) attached hereto and incorporated herein by this reference, is made to this Request for Proposals (the “RFP”) by and between the City of Woodland Park (the “City”) and any person or entity submitting a response to the RFP (the “Contractor”).

By submitting a response to this RFP, the Contractor agrees to the following terms and conditions:

1.0 General Information

1.1 Reimbursement. The Contractor shall receive no reimbursement from the City for any work performed or costs incurred in connection with preparing or delivering a response to this RFP.

1.2 Contract. The Contractor to whom the project is awarded shall be required to enter into a written contract with the City in a form approved by the City Attorney’s Office. In the event of any conflict between this RFP, including this Addendum, and the contract, the terms of the contract shall control.

1.3 Public Inspection of Proposals. All information submitted to the City in response to this RFP is potentially subject to disclosure under the Colorado Open Records Act. The Contractor should expect and be aware that the proposal may be viewed by the public and competitors once submitted to the City.

1.4 Right to Negotiate. The City reserves the right to conduct discussions with the Contractor, to accept revisions of proposals, and to negotiate price changes at the discretion of the City Manager. The City reserves the right to ask for a best and final offer.

1.5 Indemnification. The Contractor agrees to indemnify, save, and hold harmless the City, its officers, employees, and agents from any and all liability, loss, costs, charges, obligations, expenses, attorney’s fees, litigation, judgments, damages, claims, and demands of any kind arising from or out of any negligent act, error, omission or other tortious conduct of the Contractor, its officers, subcontractors, employees, or agents in the performance or non-performance of its obligations under this RFP.

1.6 Insurance. The Contractor shall procure and keep in force during the duration of the work performed under this RFP a policy of comprehensive general liability insurance insuring the Contractor and naming the City as an additional insured against any liability for personal injury, bodily injury, damages to property, or death arising out of the performance of this RFP with at least one million dollars ($1,000,000.00) for each occurrence. The limits of said insurance shall not, however, limit the liability of the Contractor hereunder.

1.7 Compliance with Applicable Law. The Contractor shall comply with all applicable federal, state, and local laws and shall secure all necessary licenses and permits in connection with this RFP and any goods or serves to be provided hereunder. The Contractor shall comply will all applicable provisions of the Americans with Disabilities Act of 1990. The Contractor agrees to indemnify and hold the City harmless from all costs and damages suffered by the Contractor as a result of the Contractor’s failure to comply with any law.

1.8 Workers without Authorization. The Contractor certifies that, at the time of submitting a response to this RFP, that the Contractor does not knowingly employ or contract with a worker without authorization who will perform work requested by the RFP. The Contractor agrees to participate in the federal E-Verify Program or the Colorado Department of Labor and Employment’s Employment Verification Program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work requested by the RFP.

1.9 Independent Submission. The Contractor certifies that the proposal has been arrived at independently and submitted without collusion with any other proposer, and that the contents of the submission have not been communicated by the Contractor to any person or entity not an agent or employee of the Contractor.

1.10 Assignment. Neither the City nor the Contractor shall assign, transfer, or convey any rights, obligations, or any monies due or to become due under this RFP, without the prior written consent of the other party.

1.11 Warranty. The Contractor warrants that all goods, services, materials, and work provided by the Contractor will conform with any applicable drawings, specifications, samples, or descriptions set forth in the Contractor’s response to the RFP, will be fit for the purposes intended, and will be performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Contractor agrees to hold the City harmless from any loss, damage, or expense which the Contractor may suffer or incur on account of the Contractor’s breach of warranty.

1.12 Governmental Immunity Act. No term or condition of this RFP shall be construed or interpreted as a waiver by the City, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act.

1.13 Choice of Law. This RFP shall be governed by the laws of the State of Colorado, and venue for any action instituted pursuant to this RFP shall be in Teller County, Colorado.

1.14 Severability. In the event a court of competent jurisdiction holds any provision of this RFP or Addendum to be invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this RFP or Addendum.

1.15 Questions and Clarification. Any questions regarding this bid; must be submitted through the electronic bidding questions portal. All questions will be answered and distributed to all prospective bidders via addendum.

1.16 Preparation Costs. The City shall not be responsible for bid preparation cost, nor for cost including attorney fees associated with any (administrative, judicial or otherwise) challenge to the determination of the highest ranked bidder and/or award of agreement and/or rejection of bid. By submitting a bid, each bidder agrees to be bound in this respect and waives all claims to such costs and fees.

2. Rules Governing Competition

2.1 Examination of Bids. Bidders should carefully examine the entire RFPRFP and any addenda thereto, and all related materials and data referenced in the RFPRFP. Bidders should become fully aware of the nature of work and the conditions likely to be encountered in performing the work.

2.2 Bid Acceptance Period. Bids will be accepted from the date of posting until the closing date and time posted on the bid listing.

2.3 Confidentiality. The content of all bids will be kept confidential, to the extent permissible under the Colorado Open Records Act until the selection of the Bidder is announced. At that time, the selected bids is open for review by the competing bidders, excluding any tabulations and evaluations thereof. After the award of an agreement, all bids, tabulations, and evaluations will then become public information.

2.4 Bid Format. Sealed bids are to be prepared in such a way to provide a straightforward, concise delineation of the bidder’s capabilities to satisfy the requirements of this RFPRFP. Emphasis should be concentrated on: (1) Conformance to the RFPRFP instructions; (2) Responsiveness to the RFPRFP requirements; and (3) Completeness and clarity of content.

2.5 Tax Compliance. The City Woodland Park Municipal Code requires that businesses or individuals contracting to do business with the City comply with the Woodland Park tax provisions. No agreement will be awarded to any individual or Bidder found to be in violation.

2.6 Supporting Documentation. Bidders shall include with their bids copies of any licenses, certificates, registrations and other credentials applicable to performance under the agreement. Documentation must be current and must have been issued by or under authority of the state of Colorado or, if documentation is from an outside jurisdiction, such documentation must be acceptable by the state of Colorado for performance in Colorado. Such documentation shall include, but is not limited to, Colorado business license and applicable professional licenses, registrations, and certificates.

2.7 News Releases. News releases pertaining to the award resulting from the RFP shall not be made without prior written approval of the City of Woodland Park’s City Manager.

2.8 Disposition of Bids. All materials submitted in response to this RFP will become the property of the City of Woodland Park. One copy shall be retained for the official files of the City clerk’s Office and will become public record after award of an Agreement.

2.9 Oral Change/Interpretation. No oral change, or interpretation, of any provision contained in this RFP is valid. Written addenda will be issued when changes, clarifications, or amendments to bid documents are deemed necessary by the City.

Bidder shall acknowledge receipt of addenda in their transmittal letter. Only a bid acknowledging receipt of all addenda may be considered responsive, unless the unacknowledged addenda, in the opinion of the City Manager, would have no material effect on the terms of the bid. The City Manager may elect to allow a bidder to acknowledge receipt of addenda after opening bids.

2.10 Replacement of Submitted Bids. Replacements will be accepted by the City, and binding upon the responding Bid, only if it is received by the City at the place designated for submission prior to the scheduled deadline and meets all other RFP conditions.

2.11 Late Submissions. Bids received after the date and time specified in this RFP will not be considered.

2.12 Withdrawal of Bids. At any time prior to the scheduled closing time for receipt of RFP submittals, any responding Bidder may withdraw their submittal, either personally or by written request. However, a bid may not be withdrawn after the close date without the written notice to the City.

2.13 Acceptance/Rejection of Bids. The City may reject any or all bids if the City Manager determines that it is in the best interest of the City and may waive irregularities, other than the requirements for timeliness, if the irregularities do not affect the competitive advantage of any bidder.

2.14 Choice of Law and Jurisdiction. The laws of the State of Colorado shall govern this RFP, and any legal action brought thereon shall be filed in the Fourth Judicial District at Teller County, Colorado.

2.15 Conflicts of Interests. No member of the governing body of the City of Woodland

Park or other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the carrying out of the project shall have any personal interests, direct or indirect, in any ensuing agreement as a result of this Invitation to Bid, without first disclosing his/her potential conflict, by submitting a letter to the Clerk’s Office establishing their "intent to do business with the City." The Bidder for itself and its principal employees, officers, agents, directors or shareholders covenants that neither the Bidder nor any of the listed classes of individuals has nor shall acquire any interest, direct or indirect, in the project, direct or indirect, to which the agreement pertains which would conflict in any manner or degree with the performance of its work hereunder. The selected bidder further covenants that in its performance of the agreement no person having such interest shall be employed, without first disclosing his/her potential conflict.

2.16 Local Preference. It is the intention of the City of Woodland Park whenever possible to use, without significant additional cost to the taxpayers, local businesses for the purchase of goods and supplies and all general services. The City intends to give local businesses an advantage in the bidding process according to the thresholds outlined in Section IV so that funds received from such contracts will be spent by the employees of local businesses in the local economy. For the purposes of this policy, a “local business” shall be defined as any business located or based in the City of Woodland Park. A local business shall be awarded a contract if its bid is within the local preference percentage (Section IV, Par H) of the lowest responsible bidder who does not have the local business designation. In the event that the two lowest responsible bidders each have a local business designation, the lowest responsible bidder shall be awarded the contract.

The provisions of the local preference shall be suspended if prohibited by an external source including, but not limited to, grantors, creditors, contractual agreements, or force of law. The provisions for local preference apply to consideration of cost only. Bids that include other requirements regarding product specifications, vendor qualifications, or other criteria based on the nature of the product or service, may not necessarily be awarded to the lowest cost bidder.

2.17 Colorado Labor. Contractors who are working under a Public Works Contract exceeding $50,000 must meet the eighty percent (80%) Colorado labor requirements, unless waived by the City Council pursuant to the Colorado Revised Statutes.

3. Selection Process

3.1 Bid Evaluation Bids shall be evaluated based on the requirements set forth in the bid package, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total for life cycle costs.

The contract shall be awarded with reasonable promptness to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the bid package, unless the City Manager or his designee shall determine that the public interest will be better served by accepting a different bid. When the award is not given to the lowest bidder, a complete statement of the reasons for placing the order with another bidder shall be made available to all bidders upon request.

3.2 No Requirement to Award Contract. The City maintains the right to not award an agreement if it is determined by the City to be in its best interest to do so. This could include a determination to cease operations, budget constraints, determination to operate “in-house”, inadequate number or quality of bids, or other matters.