CONSTRUCTION CONTRACT DOCUMENTS MANUAL

Transcription

1 CONSTRUCTION CONTRACT DOCUMENTS MANUAL Published by CIRSA 3665 Cherry Creek North Drive Denver, Colorado FAX CIRSA 1997/2016

2 CIRSA CONSTRUCTION CONTRACT DOCUMENTS

3 Introduction CIRSA presents these sample construction contract documents as one of the completed CIRSA Safety Committee goals for The primary purposes of the samples are to: (1) delete provisions that have proven troublesome in some CIRSA members' contracts, such as "waiver of subrogation" clauses; and (2) provide sample language to address concerns expressed by design professionals and other contractors on indemnification issues; and (3) provide sample insurance specifications. We hope that these samples will assist CIRSA members in preparing or revising their own construction contracts. The documents are based on documents in use in Colorado municipalities, and were reviewed and revised by Tami A. Tanoue, CIRSA General Counsel. Drafts were also reviewed by several members of the Safety Committee; CIRSA's thanks are extended to them for their review. As with all CIRSA sample documents, the member must seek and follow the advice of its own professional advisors in using the documents. These samples are provided only as a starting point for review and revision by the member's municipal attorney, engineer, and other appropriate professionals; the user should keep in mind that there is no such thing as a "one size fits all" contract document. In addition, some types of associated materials, such as project specifications, supplementary conditions, and the like, are necessarily omitted from these sample documents. Finally, the samples do not address special types of construction contracts, such as "design/build" contracts. Of course, sample construction documents are available from a variety of other sources, such as the American Institute of Architects, the Associated General Contractors, and others; CIRSA understands that a committee of the Colorado Bar Association is also working on sample documents. CIRSA members are encouraged to review the available samples and select and modify those which appear most suitable for a particular purpose, keeping in mind that any given sample may be oriented towards the specific interests of the authoring organization. The CIRSA sample documents are available to CIRSA members on diskettes in various formats upon request. If you have any questions, please feel free to contact the CIRSA Loss Control Department.

4 TABLE OF CONTENTS 1. Invitation to Bid INV-1 2. Instructions to Bidders INS-1 3. Bid Form and Bid Bond BID-1 4. Consultant Contract CSLT-1 5. Short Form Construction Contract SHCON-1 (for use without General or Supplemental Conditions) 6. Construction Contract (for use WITH AGM-1 General Conditions) and Associated Forms (Bonds, Notice of Award, Notice to Proceed, Work Change Directive, Change Order, Claim Release, Certificate of Substantial Completion, Final Inspection Report, and Guarantee Inspection Report) 7. General Conditions GC-1

5 INVITATION TO BID PROJECT OWNER: ENGINEER: Sealed Bids will be received by the, CITY/TOWN OF, STATE OF COLORADO, hereinafter referred to as the "Owner" or "City/Town", at the office of the,,, Colorado, until p.m., local time, 20, for the Project. At said place and time, all Bids that have been duly received will be publicly opened and read aloud. Bids received after said closing time of p.m., local time, will not be accepted and will be returned unopened. Bids shall be in a sealed envelope plainly marked with the Project Name and Date and shall be addressed as follows: The Work for which the Bid is requested consists of: Copies of the Bidding Documents will be available after, 20 and may be obtained from the Office of the, City/Town of, Colorado, at the price of dollars ($.00), without refund. The Bidding Documents may be examined at the office of the City/Town at: INV - 1

6 [Note to City/Town: Delete references to prequalification in the following two paragraphs if no prequalification requirements are imposed by the City/Town] Bids will only be accepted from Bidders who are prequalified as a General Contractor by the City/Town, and who are recorded by the City/Town as having received the Bidding Documents. When a Bidder submits a Bid, that Bid shall include the Schedule of Subcontractors which shall identify each element of the Work to be subcontracted. Each subcontractor whose subcontract exceeds one percent of the Total Bid Price shall be prequalified by the City/Town for their specific portion of the Work. Bids will be received on a combination lump sum or unit price basis including alternatives as described in the Bidding Documents. Each Bid shall contain evidence of Bidder's qualification to do business in the State of Colorado or shall covenant to obtain such qualification. Each Bid must be accompanied by a Bid security consisting of a properly Certified Check, Cashier's Check, or Bid Bond, in the amount of five (5) percent of Bidder's Total Bid Price, without conditions, payable to the City/Town of. Bid security will be retained by the City/Town until the seventh day after the Effective Date of the Agreement, whereupon Bid security furnished by such Bidder's will be returned. Bid security with Bids which are not competitive will be returned within fourteen days after the Bid opening. No Bid will be considered unless accompanied by such Bid security. The successful Bidder will be required to furnish a performance bond and a labor and material payment bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of sixty (60) days after the date fixed for opening Bids. The City/Town reserves the right to award the contract by sections, to reject any or all Bids, and to waive any informalities and irregularities therein. The successful Bidder will be required to enter into an Agreement with the City/Town in the form included in the Contract Documents. The City/Town assumes no responsibility for payment of any expenses incurred by any respondent to this Invitation to Bid. INV - 2

7 A prebid conference and job walk through with representatives of prospective Bidders will be held at a.m., local time, at City/Town Hall,, Colorado, on the day of, 20. Representatives of the City/Town will be present to discuss the Project. Prospective Bidders are invited to attend and present their questions relative to this Bid at this conference. Attendance at this meeting will not be a requirement for presentation of a Bid. The City/Town of is an Equal Opportunity Employer. Dated this day of, 20. CITY/TOWN OF, COLORADO /948[tat]c:CIRSA\construc\invite.bid INV - 3

8 Instructions to Bidders OWNER: ENGINEER: These bidding instructions are general in nature, and may be amended or supplemented by the City/Town. By submitting a bid proposal, the Bidder warrants that it is familiar with all provisions of the contract documents, and agrees to comply with them. 1.0 Defined Terms 1.1 Except where the context clearly indicates otherwise, terms used in these Instructions to Bidders shall have the meanings assigned to them in the General Conditions. 2.0 Advertisement of Bids; Copies of Bidding Documents 2.1 The City/Town shall publish a notice of call for bids at least once in a newspaper of general circulation in the City/Town. If the City/Town does not maintain an applicable prequalified bidder list, the City/Town may notify any Bidder deemed suited to perform the particular tasks of a proposed contract. 2.2 Complete sets of bidding documents stated in the invitation to bid may be obtained from the issuing office. No partial sets will be issued. Complete sets of bidding documents shall be used in preparing bids; the City/Town and its consultants assume no responsibility for errors or misinterpretations resulting from the use of incomplete sets of bidding documents. The bidding documents may be examined at the location identified in the invitation to bid. The bidding documents are made available for the sole purpose of obtaining bids on the Work and, and no license or grant for any other use is conferred. 3.0 Omissions in Drawings and Specifications Drawings and specifications are intended to be complementary, and to be interpreted in that sense. Special provisions and detail drawings are intended to modify and shall supersede more general drawings and specifications. If work is not described by the drawings and specifications, but is within the reasonable scope of the Work, the Bidder shall incorporate into the bid proposal the undescribed work. As INS - 1

9 used herein, work which is not described in the drawings and specifications but which is within the reasonable scope of the Work is work which is necessary for the successful performance of the contract, the necessity of which can be reasonably implied from the contract documents. Failure to notice or acknowledge such work shall not excuse the Bidder or allow for a claim for extra payment or time extension in the event that the Bidder is awarded the contract. The Bidder shall have the burden to prove that such work could not have been reasonably implied from the contract documents. 4.0 Standards, Permits and Licenses 4.1 Reference to standard specifications of any technological society, organization, or association, or to codes of local or state authorities, shall mean the latest standard code, specification, or tentative specification adopted and published at the deadline for the submission of bids, unless specifically stated otherwise. 4.2 Neither the Bidder nor any Sub-bidder shall commence work under this contract in the City/Town until obtaining all required City/Town licenses and permits. In addition, the Bidder is responsible for obtaining all required federal and state licenses and permits. 5.0 Royalties and Patents The Bidder shall pay all applicable license fees and royalties. The Bidder shall include and shall be considered to have included in the bid proposal a sum sufficient to cover all fees, royalties, licenses and claims for any patent rights, trade secrets, copyrights, trademarks or other intellectual property which may be connected with the Work. If the Bidder uses any such intellectual property in the Work, the Bidder shall enter into a written agreement with the owner of the intellectual property to provide that there will be no future payments owed by the City/Town. The Bidder shall defend, indemnify and hold harmless the City/Town, its officers, agents and employees from all fees, royalties, licenses and claims or suits therefor, including attorney's fees, in connection with any infringement or alleged infringement of any intellectual property right. INS - 2

10 6.0 Site Inspection 6.1 Bidders are responsible for examining thoroughly the contract documents and related data identified in the bidding documents; examining and determining for themselves the location and nature of the proposed Work, the amount and character of the labor and materials required therefor, and the difficulties which may be encountered; studying and carefully correlating Bidder's knowledge and observations with the contract documents and related data; and considering federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work. 6.2 Bidders may not rely on oral or written representations made by the City/Town, unless an authorized representative of the City/Town has verified in writing that such representation is factually accurate. By submitting a bid, each Bidder waives all liability for any error in any representation made by the City/Town to the Bidder. 6.3 Bidders shall inspect the site and its surroundings. By failing to perform such inspection, the Bidder waives all rights to claim extra payment or time extensions due to unexpected conditions which could have been determined had the site been reasonably inspected. If concealed or unknown conditions encountered in the performance of the Work below the surface or in an existing structure differ materially from those ordinarily encountered and generally recognized as inherent in the Work, or differ materially from the conditions indicated in the contract documents, then the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected Work is performed. Upon written notification, the Project Manager will investigate the conditions and, if the Project Manager determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any Work under the contract, an adjustment, excluding loss of anticipated profits, will be made and contract modified in writing accordingly. The Project Manager will notify the Bidder of the determination whether or not an adjustment of the contract is warranted. No contract adjustment which results in a benefit to the Bidder will be allowed unless the Bidder has provided the required written notice within five (5) days after the condition first becomes apparent. The Bidder shall INS - 3

11 have the burden to prove that actual conditions under the surface or in an existing building vary materially from those shown in the contract documents. By submitting a bid, the Bidder represents that the Bidder's observations at the site are not inconsistent with the requirements of the proposed contract documents, unless otherwise noted in the bid. 6.4 Bidders are also responsible for promptly notifying the City/Town of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the contract documents and such other related documents. 6.5 On request in advance, the City/Town will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems reasonably necessary for submission of a bid. Bidder shall fill all holes, clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 6.6 The submission of a bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this section, that the Bidder warrants that it is familiar with all provisions of the contract documents, that without exception the bid is premised upon performing and furnishing the Work required by the contract documents and applying the specific means, methods, techniques, sequences or procedures of construction that may be shown or indicated in or expressly required by the contract documents, that Bidder has given the City/Town written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the contract documents, and the written resolution thereof by the City/Town is acceptable to Bidder, and that the contract documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 7.0 Detours and Traffic Control 7.1 When a road, sidewalk, or alley detour or temporary transportation device must be constructed or maintained as part of the Work, including without limitation traffic control supervision, the Bidder shall include such costs in the bid. If the Work requires purchase or lease of temporary transportation devices not set forth in the contract documents, the Bidder shall be paid one hundred and ten percent (110%) of the rental INS - 4

12 cost of such rental items leased by the Bidder, if they are required in the performance of the Work. If the Bidder purchases such items, the Bidder shall be reimbursed on the basis of a reasonable depreciation schedule approved by the Project Manager. Any traffic control signs which the Bidder provides shall conform to the "Manual on Uniform Traffic Control Devices" as from time to time amended. 7.2 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Bidder in performing the Work are identified in the contract documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be obtained and paid for by Bidder. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by the City/Town unless otherwise provided in the contract documents. 8.0 The Bid Proposal 8.1 The bid shall be submitted upon the proposal form supplied by the City/Town. Bidders shall obtain and use a complete set of bidding documents in preparing bids; the City/Town shall not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of bidding documents. The general conditions, supplemental conditions if any, bidding instructions and proposal, Agreement, and specifications are bound in one volume, and this shall be submitted intact. The City/Town, in making copies of bidding documents available on the above terms, does so only for the purpose of obtaining bids for the Work and does not confer a license or grant for any other use of the documents. 8.2 Each proposal must be enclosed in a sealed envelope addressed to the City/Town's. The face of the envelope must show the name of the Bidder, the project number, the descriptive title of the Work for which the bid is made, and the time and date of opening. The prices shall include the furnishing of all materials, plans, equipment, tools, and all other facilities and the performing of all labor and services necessary or proper for the completion of the Work, except as may be provided otherwise in the contract documents. INS - 5

13 9.0 Completing and Signing the Proposal Form 9.1 In the event of discrepancies between the unit prices quoted in the proposal and the extensions thereof, the unit prices shall control. However, the City/Town reserves the right to accept the extension price if that is deemed by the City/Town to be a more accurate valuation for a particular bid item. 9.2 The Bidder shall complete the proposal form by writing or printing, in a legible and indelible fashion, all of the Bidder's prices offered for the Work to be done. All blank spaces which require a response of the Bidder must be properly filled in. If the words and figures on the proposal form do not agree, the written word shall govern. Any alteration, interlineation, or erasure on the proposal form or other parts of the contract documents as originally issued to the Bidder must be initialed by the signer of the bid. Proposals that are unbalanced so that each item does not reasonably carry its own proportion of the cost and proposals which contain inadequate or unreasonable prices for any item also may be rejected. The Bidder shall assume full responsibility for timely delivery at the location designated for the receipt of bids. Oral, telephonic, telefaxed, ed, or telegraphic bids are invalid and will not receive consideration Preference for Colorado Materials Except for federally funded contracts, preference is given to materials, supplies, and provisions produces, manufactured or grown in Colorado, quality being equal to articles offered by competitors outside the State of Colorado, pursuant to C.R.S , as amended Colorado Labor Requirements Except for federally funded contracts, Colorado labor shall be employed for at least eighty percent (80%) of each class of skilled and common labor employed for all city public works projects. "Colorado labor" means any person who is a resident of the State of Colorado at the time of employment, without discrimination as to race, color, creed, sex, age, or religion except when sex or age is a bona fide occupational criterion pursuant to C.R.S as amended. INS - 6

14 12.0 City/Town Sales and Use tax [Note to City/Town: amend this section to conform to your own municipality's sales and use tax ordinances and laws.] 12.1 City/Town sales and use taxes shall be waived upon application for and acceptance of "tax exemption." 12.2 The Bidder shall apply for and receive a certificate of exemption from the Colorado Department of Revenue for construction materials to be physically incorporated into the Work. This Certificate of Exemption provides that the Bidder shall neither pay nor include in the bid prices sales and use taxes collected by the State of Colorado on those building and construction materials physically incorporated into the Work. Sales and use taxes of jurisdictions other than the City/Town (such as, for instance, the State of Colorado and the county) are collected by the State of Colorado. All applicable sales and use taxes (including statecollected taxes) on any items other than construction and building materials physically incorporated into the Work are to be paid by the Bidder and are to be included in the appropriate bid items. Bidder and each Sub-bidder shall assume all liability for non-payment of taxes, or the payment of exempt taxes resulting from the failure to use the Certificate of Exemption required by this paragraph Proposal Guarantee As a guarantee of good faith on the part of the Bidder, each bid proposal shall be accompanied by an unconditional letter of credit, money order, certified check, or bid bond payable to the City/Town in an amount not less than five percent (5%) of the total amount of the bid. Any bid bond shall be in the form prescribed the City/Town. No bid proposal will be considered unless accompanied by such a proposal guarantee. In case alternate bids are called for, providing for the use of several different classes of material or types of improvement for the same Work, one bid bond in the amount of five percent (5%) of the total amount of the highest bid will be sufficient for all proposals Return of Proposal Guarantee As soon as bid prices have been compared and determination of Bidder responsibility has been made, the proposal guarantee of all except the three (3) lowest responsible Bidders will be returned unless the City/Town is considering the bids of more than three (3) Bidders, in which case all such proposal guarantees may be retained. When the successful Bidder INS - 7

15 executes and delivers the Agreement and delivers to the City/Town satisfactory performance, payment, and warranty bonds and insurance documentation and all other contract documents, and satisfies all other conditions precedent to contract execution by the City/Town, the proposal guarantees of these three (3) Bidders shall be returned to them. In any event, the proposal guarantees of all Bidders shall be returned within forty-five (45) days of the bid opening, unless the City/Town retains the proposal guarantee pursuant to the following section Retention of Proposal Guarantee If the successful Bidder fails to enter into a contract in accordance with an accepted bid proposal, or fails to furnish the required bonds, insurance certificates, and other contract documents, within fifteen (15) days from the mailing of the notice of award, or if the Bidder has been guilty of collusion with other Bidders in submitting the bid, the Bidder's proposal guarantee shall be retained by the City/Town as liquidated damages and not as a penalty. In the event only a portion of the Bidder's bid is accepted or if the Bidder refuses to accept an award of less than the combination of bids on two (2) or more designated portions of such bids, the City/Town shall retain as liquidated damages a portion of the proposed guarantee equal to the portion of the Work which the Bidder refused to perform bears to the total price of the contract accepted by the City/Town. By submitting the proposal guarantee with the bid proposal, the Bidder agrees to liquidated damages in the event the Bidder fails to enter into the contract with the City/Town. The City/Town shall not have to prove actual damages suffered in order to retain the proposal guarantee as liquidated damages. By submitting the proposal guarantee, the Bidder further agrees with the City/Town that liquidated damages are appropriate because the anticipated actual damages are uncertain in amount and difficult to forecast accurately; and further agrees with the City/Town that the amount of the proposal guarantee or the specified portion thereof is a reasonable estimate of damages and not disproportionate to the anticipated loss or injury Only One Proposal Accepted More than one bid proposal from an individual, firm, partnership, or corporation under the same or different names will not be considered. Evidence that any Bidder has an interest in more than one proposal for the same Work will be cause for rejection of all such proposals. Evidence of collusion or other illegal activities between Bidders will be considered sufficient cause for the rejection of all bids so INS - 8

16 affected. In addition to any other remedies the City/Town may have, the City/Town may retain as liquidated damages for the disruption of the bidding process the proposal guarantees of all Bidders involved in collusion or other illegal activities. By submitting the proposal guarantee with the bid proposal, the Bidder agrees with the City/Town that the amount of the proposal guarantee is a reasonable estimate of damages for collusion or other illegal activities on the part of the Bidder and is not disproportionate to the anticipated loss or injury. A person or entity which has quoted prices to a Bidder is not thereby qualified from quoting prices to other Bidders or from submitting a direct bid on its own behalf Alternate Bids Whenever alternate bids are called for, providing for use of one or more than one class of material or type of improvement for the same Work, all Bidders shall submit prices for each class of conditions. The material to be used or the type of improvement to be adopted will be selected by the City/Town after the bid proposals have been opened and read. The City/Town has the right to accept alternate bids in any order or combination Qualifications of Bidders 18.1 Each Bidder shall be prepared to submit written evidence of qualifications to perform the Work as set forth in Section 24 of these Instructions. Bidders may be required to submit evidence that they have a practical knowledge of the particular Work bid upon, and that they have the financial resources to complete the proposed Work. In determining the Bidder's qualifications, the following factors may be considered: work previously completed by the Bidder and whether the Bidder (a) maintains a permanent place of business, (b) has adequate plant and equipment to the Work properly and expeditiously, (c) has the financial resources to meet all obligations incident to the Work, and (d) has appropriate technical experience. The Bidder may be required to show that the Bidder has handled former work so that no just claims are pending such work. No bid will be accepted from a Bidder who is engaged in any work which, in the City/Town's judgement, would impair the Bidder's ability to perform or finance this Work Each bid shall contain evidence of Bidder's qualification to do business in the State of Colorado. INS - 9

17 18.3 No bid will be awarded to a Bidder who is engaged on any other work which would impair its ability to perform or finance this Work, or to any Bidder against whom any just claims are pending with respect to any other work Each Bidder shall sign the bid proposal and give the Bidder's current business address. The legal status of the Bidder shall be stated in the proposal. A corporation shall name the state in which it is incorporated, shall be qualified to do business in the State of Colorado, and shall so state. When a corporation submits a proposal, the proposal shall be signed in the name of the corporation by the president or other duly authorized officer of the corporation, who shall submit evidence that such person has legal authority to sign the proposal. A partnership shall give the full names and addresses of all partners and their interest and role in the partnership business. When a partnership submits a proposal, the proposal shall be signed in the name of the partnership by a duly authorized general partner thereof, who shall submit evidence that such person has legal authority to sign the proposal. If the Bidder signs a bid using the designation "President," "Secretary," "Agent," or other designation without disclosing the name of a bidding Bidder, the Bidder may be held individually responsible for the bid Interpretations and Addenda 19.1 All questions about the meaning or intent of the bidding documents are to be submitted in writing to the Project Manager. Interpretation or clarifications deemed necessary by the City/Town in response to such questions will be issued only by addenda mailed or delivered to all parties recorded by the City/Town as having received bidding documents. Questions received less than ten days prior to the date of opening the bids may not be answered. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Addenda may also be issued to modify the bidding documents as deemed advisable by the City/Town Drawings, specifications and other contract documents and addenda are located at the office described in the advertisement for bids. As used herein, addenda include all written or graphic instruments issued by the City/Town prior to the deadline for submission of bids which modify or interpret the contract documents, INS - 10

18 drawings or specifications by additions, deletions, clarifications, or corrections. However, the City/Town shall not be liable for any failure to send or to receive such addenda. No addenda shall be issued less than five (5) days prior to the deadline for submission of bids. If necessary, the deadline for submission of bids shall be extended to comply with this section Substitute and "Or Equal" Terms 20.1 The contract, if awarded, will be on the basis of materials and equipment described on the drawings or specified in the specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the drawings or specified in the specifications that a substitute or "or equal" item of material or equipment may be furnished or used by Bidder if acceptable to the City/Town, application for such acceptance will not be considered by the City/Town until after the effective date of the Agreement. The procedure for submission of any such application by Bidder and consideration by Project Manager is set forth in the contract documents The materials, products, and equipment described in the bidding documents establish a standard or required function, dimension, appearance, and quality to be met by any proposed substitution. No substitution will be considered prior to receipt of bids unless written request for approvals has been received by the Project Manager at least ten (10) days prior to the date for receipt of bids. Each such request shall include the name of the material or equipment for which it is substituted and a complete description of the proposed substitute including drawings, cuts, performance, and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment, or other work that incorporation of the substitute would require shall be included. The burden of proof of the merit of the proposed substitute is upon the proposer. The Project Manager's decision of approval or disapproval of a proposed substitution shall be final. If the Project Manager approves any proposed substitution prior to receipt of bids, such approval will be set forth in an addendum. Bidders shall not rely upon approvals made in any other manner. No substitutions will be considered after the contract award except as specifically provided in the contract documents. INS - 11

19 21.0 Sub-bidders, Suppliers and Others 21.1 When a Bidder submits a bid, that bid shall include the Schedule of Sub-bidders which shall identify each element of the Work to be subcontracted If the City/Town, after due investigation, has reasonable objection to any proposed Sub-bidder or to any other person or organization involved in performing the Work, the City/Town may before the Notice of Award is given, request the apparent Successful Bidder to submit a substitute for such Sub-bidder, person, or organization acceptable to the City/Town without an increase in bid price. If the apparent successful Bidder declines to make any such substitution, the City/Town may award the contract to the next lowest Bidder that proposes to use acceptable Sub-bidders and other acceptable persons and organizations. A Bidder's refusal to make requested substitutions will not constitute grounds for retaining, as liquidated damages, the bid security of any Bidder. Any Subbidder or other person or organization listed and to whom the City/Town does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the City/Town subject to revocation of such acceptance after the effective date of the Agreement Bidder shall not be required to employ any Sub-bidder, or other person or organization, against whom Bidder has reasonable objection The contract documents will take precedence over any nonconforming data submitted. Any bid specifically conditioned upon furnishing equipment or materials which are not responsive to the contract documents will not be considered Modification and Withdrawal of Bids 22.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the same manner in which a bid must be executed) and delivered to the place where bids are to be submitted at any time prior to the opening of bids Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided such person can prove his or her identity and authority Withdrawn bids may be resubmitted up to the time INS - 12

20 designated for the receipt of bids provided that they are then fully in conformance with these instructions to Bidders If, within twenty-four hours after bids are opened, any Bidder files a duly signed, written notice with the City/Town and promptly thereafter demonstrates to the reasonable satisfaction of the City/Town that there was a material and substantial mistake in the preparation of its bid, that Bidder may withdraw its bid and the proposal guarantee will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the contract documents Opening of Bids 23.1 Bids will be opened and (unless obviously non-responsive) read aloud publicly as indicated in the invitation to bid. An abstract of the amounts of the base bids and major alternates (if any) will be made available to Bidders Bidders are invited to be present at the bid opening. All bid proposals will be made available for examination by interested parties immediately following the bid opening unless the Bidder specifically requests, by no later than five (5) days prior to the opening date, confidential treatment of specified confidential commercial data. Such request for confidentiality shall be in writing, and the commercial data for which confidentiality is requested and the basis for the request shall be clearly identified. The City/Town will comply with a Bidder's request for confidentiality or commercial data only if the data is a formula, patent, device, plan or compilation of information which is used by the Bidder and which gives the Bidder an advantage over the Bidder's competitors who do not already know or use it. The final bid price and the unit prices are not confidential and may not be included in any request for confidentiality Post-Bid/Pre-Award Submittals 24.1 The three (3) apparent low Bidders identified by the Owner shall submit the following information by hand-delivery to the Owner on the day following the bid opening: List of a minimum of five (5) recent similar projects the Bidder has performed Copy of the Bidder's most recent financial statement. INS - 13

21 Copies of the most recent financial statements of all listed Sub-bidders included in the Bid List of project managers and superintendents to be used on the project by the Bidder and all listed Sub-bidders, and resumes and list of recent projects for all of the above Names and telephone numbers of at least five references on similar work for the Bidder and all listed Sub-bidders The above information must be available at the time and place indicated in order to be considered in further evaluation; therefore, all Bidders should compile this data prior to submitting their bids Bid to Remain Open Subject to Acceptance All bids shall remain open for sixty (60) days after the day of the bid opening, but the City/Town may, in its sole discretion, release any bid and return the proposal guarantee prior to that date Award of Contract 26.1 The City/Town reserves the right to reject any or all bids, including without limitation the rights to reject any or all irregular, nonconforming, nonresponsive, unbalanced or conditional bids and to reject the bid of any Bidder if the City/Town believes that it would not be in the best interest of the project to make an award to that Bidder, whether because the bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the City/Town. Discrepancies between the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum In evaluating bids, the City/Town will consider the qualifications of the Bidders, whether or not the bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the bid form or prior to the Notice of Award The City/Town will consider the qualifications and INS - 14

22 experience of Sub-bidders and other persons and organizations proposed for those portions of the Work as to which the identity of Sub-bidders and other persons and organizations must be submitted. The City/Town also will consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award The City/Town may conduct such investigations as the City/Town deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of the Bidder's, proposed Sub-bidders and other persons and organizations to perform and furnish the Work in accordance with the contract documents to the City/Town's satisfaction within the prescribed time If the contract is to be awarded, it will be awarded to the lowest responsible Bidder based on the combination of bid schedules as determined by the City/Town and whose evaluation by the City/Town indicates to the City/Town that the award will be in the best interest of the project If the contract is to be awarded, the City/Town will accept the bid within sixty (60) days after the bid opening and will give the successful Bidder a Notice of Award within sixty-five (65) days after the day of the bid opening. The City/Town's acceptance of the bid proposal shall bind the successful Bidder to sign the contract documents within ten (10) days after the date of the receipt by the Bidder of the Notice of Award. The rights and obligations set forth in the contract documents shall become effective only with the signature of the on behalf of the City/Town It is the City/Town's intention to award the entire contract as bid. The City/Town reserves the right to award a contract that is in the best interest of the City/Town and within the amount budgeted and appropriated. The total bid price shall be the basis of award. Quantities may be reduced in order to reach budget amount; in that case the unit prices shall govern to determine the lowest total bid price, which shall then determine the basis of award. If quantity reductions are required, quantities may be reduced from any item. INS - 15

23 26.8 The Bidder acknowledges that the City/Town has the right to delete any item of the schedule of unit prices or change quantities and locations in any item at the City/Town's sole discretion without affecting the contract prices of any item of the contract so long as the deletion or change does not exceed twenty-five percent (25%) of the total bid price Quantities listed in the schedule of unit prices are approximate and are for the purpose of comparing bids. These quantities have been estimated and are for the general information of the Bidder. Quantities are not guaranteed In addition to any other applicable reasons, in evaluating bids the City/Town will consider bids irregular, and intends to reject bids for, any of the following substantial reasons: Unsigned bid form Bid forms which have items omitted by the Bidder Altering a bid as to specified time of commencement of completion of work Bid forms not accompanied by a bid security of character indicated or of an amount less than indicated If the bid form is on a form other than that provided in contract documents, or if the bid form is altered If there are unauthorized additions, conditional or alternate bids, or discrepancies of any nature that make the bid form incomplete, indefinite, or ambiguous as to its meaning If the Bidder adds any provisions reserving the right to accept or reject an award, or to enter into a contract pursuant to an award If the schedule of unit prices in the bid form does not contain a unit price for each item number listed Submitting more than one bid, where there is INS - 16

24 evidence that any Bidder has an interest in more than one bid for the same work, or where there is evidence of collusion or other illegal activity between Bidders. In addition to any other remedies the City/Town may have, the City/Town may retain as liquidated damages for the disruption of the bidding process the bid security of all Bidders involved in collusion or other illegal activities. The Bidder and the City/Town agree that the amount of the bid security is a reasonable estimate of damages for collusion and other illegal activities on the part of the Bidder and not disproportionate to the anticipated loss or injury. A person or entity which has quoted prices to a Bidder is not hereby disqualified from quoting prices to other Bidders or from submitting a direct bid on its own behalf In evaluating bids, the City/Town may consider bids informal, and may, in its sole discretion, elect to waive informalities for the following minor reasons: Omission of dates when signed, or title of person signing Failure to acknowledge an addendum which does not affect quantity, quality, time, or price Submission of a bid in an unsealed envelope Unit price bids which include reconcilable arithmetic errors may be corrected if the correction does not change the unit price Unit price bids which include reconcilable arithmetic errors may be corrected, if the correction not change the amount on which the award will be based. INS - 17

25 27.0 Signing of Agreement When the City/Town gives a Notice of Award to the successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written contract documents attached. Within ten days after receipt of the Notice of Award, Bidder's receipt of the Notice of Award, Bidder shall sign and have notarized the required number of counterparts of the Agreement and attached documents and return them to the City/Town along with the required bonds, insurance certificates and power of attorney authorizations Special Legal Requirements The City/Town has made adequate financial arrangements for the completion of all Work required by the contract documents and welcomes inquiries from prospective Bidders on the prime contract Mistakes in Bidding Instructions If the City/Town makes a mistake in drafting the bidding instructions or any other contract documents, the City/Town reserves the right to reject any or all bids, or to require that Bidders submit an alternate bid proposal with adjustments made to correct the error(s). Such errors will be set forth in an addendum. If the Bidder has already been selected and has started performing Work under the contract, and the City/Town then discovers a mistake in the contract documents for which the City/Town is responsible, the City/Town may opt to reform the contract. If the mistake causes the Bidder to receive compensation for materials not used in the Work or for labor which would not be required for the Work, the contract price shall be decreased proportionally. If the mistake causes the Bidder to fail to bid on work which must be performed in order to properly complete the contract, the City/Town may increase the contract price to equal the proportionate increase in the cost of required materials and labor caused to the Bidder. In the alternative, the City/Town may solicit bids for such additional work, or the City/Town may reassign such additional work to another Bidder, as the City/Town deems appropriate. Nothing in this provision shall apply to mistakes made by the Bidder in completing the bid form or in performing the contract Rejection of Bids Upon request, Bidders shall present satisfactory evidence that they are familiar with the type of work specified, and INS - 18

26 that they have the necessary capital, experienced personnel, tools, machinery, and other equipment necessary to conduct the Work in a good and workmanlike manner. Upon request, Bidders shall also satisfy the City/Town that they can complete the Work within the specified time and that they have conducted themselves in the past in a manner which assures their probity and trustworthiness. The City/Town will determine the bid to be selected. The City/Town, acting through its authorized representatives, retains the right to reject any and all bids and waive any informality or irregularity contained in the bids. Specifically, and without limiting the generality of the foregoing, the City/Town may refuse to accept proposals from Bidders or sureties in arrears to the City/Town upon any tax, debt, or contract, or who are in default as surety or otherwise upon any obligation to the City/Town. In addition, the City/Town may bar or suspend all Bidders who participate in illegal bidding activities from bidding on future projects /948[tat]c:CIRSA\construc\instruct.bid INS - 19

27 BID FORM PROJECT: PROJECT NUMBER: THIS BID IS SUBMITTED TO THE CITY/TOWN OF, COLORADO 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City/Town in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder represents and acknowledges that it has read the Agreement included in the Contract Documents, is willing to sign said Agreement in the form it is presented therein without modification, and will sign and submit said Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of the City/Town's Notice of Award. Bidder further agrees to complete all work covered by the Bid, in accordance with all applicable requirements. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: (a) Bidder has examined copies of all the Bidding Documents and of the following Addenda receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date): Date Number Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, site, locality, and all local conditions, and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the General Conditions, and accepts the determination set forth in said General Conditions. Bidder has inspected the site and has obtained, conducted and carefully studied (or assumes responsibility for obtaining BID - 1

28 and carefully studying) all examinations, investigations, explorations, tests and studies which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time, and in accordance with the other terms and conditions of the Contract Documents, including specifically the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purpose. (d) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of Contract Documents, including specifically the General Conditions. (e) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. Bidder has given Project Manager written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by Project Manager is acceptable to Bidder, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. (g) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm ocorporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for Bidder any advantage over any other Bidder or over the City/Town. BID - 2