Instructions for Bidders

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INSTRUCTIONS TO BIDDERS
1.01
EXAMINATION OF DOCUMENTS AND SITE
A.
The bidder has carefully examined the Bidding Documents, including the Drawings and
Specifications, and has examined the site of the Work, so as to make certain of the conditions
at the site and to gain a clear understanding of the work to be done.
B.
Each bidder must inform himself fully of the conditions relating to the construction of the
project and the employment of labor therein. Failure to do so will not relieve a successful
bidder of his obligation to furnish all material and labor necessary to carry out the provisions of
his contract. Insofar as possible, the General Contractor in carrying out his work must employ
such methods or means as will not cause any interruption of or interference with the Owner or
other contractor under contract with the Owner.
C.
At the time of the opening of bids, the bidder will be presumed to have inspected the site and
to have read and to be thoroughly familiar with the plans and contract documents (including all
addenda). The failure or omission of any bidder to examine any form, instrument, or document
shall in no way relieve the bidder from any obligation in respect to his bid.
1.02
PREPARATION OF BID
A.
Each bid must be submitted on the prescribed form. All blank spaces for bid prices must be
filled in with ink or typewritten, using both words and figures.
B.
Bids shall be submitted as one lump sum amount.
C. Bids shall indicate the time in calendar days, from the date of the Notice to Proceed to
Substantial Completion and indicate the period of time to finally complete the project from
Substantial Completion to Final Acceptance, also in calendar days.
D. Receipt of all addenda must be acknowledged on the Bid Form.
E.
Each bid must be submitted in a sealed envelope bearing on the outside the name of the
bidder, his address, and the name of the project for which the bid is submitted. If forwarded by
mail, the sealed envelope containing the bid must be enclosed in another envelope addressed
as specified in the bid form.
1.03
ADDENDA AND INTERPRETATION
A.
An interpretation of the meaning of the plans, specifications, or other prebid documents will
not be made to any bidder orally.
B.
Every request for such interpretation should be in writing and addressed to Hurtig, Gardner,
Froelich, Architects, Inc., 2602 N. Elizabeth, Pueblo, CO 81003 and to be given consideration
must be received at least three days prior to the date fixed for the opening of bids. Requests
for interpretation can be faxed to (719)545-2910 or e-mailed to: [email protected]
C. Any and all such interpretations and any supplemental instructions will be in the form of written
addenda to the specifications which, if issued, will be forwarded to all prospective bidders for
such purpose for the opening of bids. Failure of any bidder to receive any such addenda or
interpretation shall not relieve such bidder from any obligation under his bid as submitted. All
addenda so issued shall become part of the contract documents.
D. Owner/Architect initiated addenda shall not be issued later than two (2) business days prior to
bid opening date. All addenda shall become part of the Contract Documents and receipt must
be acknowledged on the Bid form.
1.04
CHANGES AND SUBSTITUTIONS
A.
Items herein specified under manufacturer's names and catalog numbers are intended as a
basis of quality and not as a closed specification unless so noted.
B.
Items other than those specifically named in the specifications or as shown on the drawings
will be considered, provided request for approval of such items is received by the Architect, in
writing, not later than 5 calendar days before the bid date, and is accompanied by complete
catalog sheets and other pertinent data which will make it possible for the Architects to
evaluate properly the items proposed for use.
1.
If in the Architect's opinion the item or items proposed for use appear to be equivalent in
design, quality, material, and function to the items specified, they will issue an
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INSTRUCTIONS TO BIDDERS (CONT'D)
addendum to all bidders listing all such items approved for use.
All approved equivalents shall comply with all provisions of the specifications and shall
meet the requirements of the product specifically named in the specifications.
3.
No request for approval received later than 5 calendar days before the bid date will be
considered.
Bidders shall base their bid upon the use of any of the items specifically named in the
specifications or on the drawings, or as approved in an addendum issued by the Architects.
No changes or substitutions will be considered after the award of the contract except those
which in the opinion of the Architects will result in a better job, a saving to the Owner, or both.
2.
C.
D.
1.05
INCONSISTENCIES AND OMISSIONS
Bidders may request clarification of any seeming inconsistencies, or matters seeming to require
explanation, in the bidding documents at least three (3) business days prior to the time set for the
opening of Bids. Decisions of major importance on such matters will be issued in the form of
addendum.
1.06
APPLICABLE LAWS AND REGULATIONS
A.
The bidder’s attention is called to the fact that all work under this Contract shall comply with
the provisions of all applicable federal, state, and local laws (Fairplay Town Codes), rules,
approved state building codes, ordinances and regulations in effect or hereafter established,
including, without limitation, laws applicable to discrimination and unfair employment practices
which might in any manner affect the work to be done or those to be employed in or about the
work. Attention is also called to the fact that the use of labor for work shall be governed by the
provisions of Colorado law.
B.
The General Contractor agrees to comply with provisions of the Colorado Anti-Discrimination
Act of 1951 (Chapter 81, Article 19CRS 1953) as amended by House Bill 284, passed by the
40th General Assembly of Colorado and signed by the Governor, April 15, 1955.
C. The Contractor shall not knowingly employ or contract with an illegal alien to perform work
under this contract or enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this contract. The Contractor represents, warrants, and agrees that it (i)
has verified that it does not employ any illegal aliens, through participation in the Basic Pilot
Employment Verification Program administered by the Social Security Administration and
Department of Homeland Security, and (ii) otherwise will comply with the requirements of CRS
8-17.5-102(2)(b). The Contractor shall comply with all reasonable requests made in the
course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor and
Employment. If the Contractor fails to comply with any requirement of this provision or CRS 817.5-101 et seq., the State may terminate this contract for breach and the Contractor shall be
liable for actual and consequential damages to the State.
1.07
BID BOND
A.
Each bid must be accomplished by cashier check, certified check of the bidder, or a bid bond
prepared on the form of bid bond attached hereto, duly executed by the bidder as principal,
and having a surety company approved by the Owner.
B.
The amount of the bid surety shall be 5% of the total bid.
C. Such checks or bid bonds will be returned to all except the three lowest bidders within three
days after opening of bids, and the remaining checks or bid bonds will be returned promptly
after the Owner and the accepted bidder have executed the contract, or if no award has been
made within 30 days after the date of the opening of bids, upon demand of the bidder at any
time thereafter, so long as he has not been notified of the acceptance of his bid.
1.08
LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT
The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds
required within ten days after he has received the Notice of Acceptance of his bid, shall forfeit to the
Owner, as liquidated damages for such failure or refusal, the security deposited with his bid, or the
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INSTRUCTIONS TO BIDDERS (CONT'D)
difference, not to exceed the penalty hereto between the amount specified in said bid and such
larger amount for which the Owner may in good faith contract with another party to perform the work
covered by said bid.
1.09
PERFORMANCE AND PAYMENT BOND
Simultaneously with his delivery of the executed contract, the General Contractor shall furnish a
surety bond or bonds as security in the amount of 100% of the contract amount for faithful performance of this contract, and for the payment of all persons performing labor on the project under this
contract and furnishing materials in connection with this contract, as specified in the general
conditions included herein.
1.10
WARRANTY BOND
Contractor shall provide to the County a warranty bond in the amount of ten percent (10%) of the
Contract Price, as specified in the general conditions included herein.
1.11
POWER OF ATTORNEY
Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and
effectively dated copy of their power of attorney.
1.12
EXECUTION OF CONTRACT
A.
The bidder understands that if their Bid is accepted, bidder must execute the required
Agreement and furnish the following within ten (10) days from date of the Notice of Award:
1. Copies of insurance policies required by the general conditions and supplemental
general conditions, and the completed Certificate of Insurances.
2. Performance Bonds, Payment Bonds, and Warranty Bond as required.
B. Bidders will be required to sign to acknowledge and accept the Contract Documents, including
the Drawings and Specifications.
1.13
SUBCONTRACTS
A. The bidder is specifically advised that any person, firm, or other party to whom it is proposed to
award a subcontract under this contract must be acceptable to the Owner. In the event that the
Owner withholds approval of a subcontractor or material supplier:
1.
The bidder will have the option of substituting an acceptable subcontractor or supplier
acceptable to the Owner at the cost difference between the bid amount of the
unapproved subcontractor or supplier and the bid amount of an acceptable
subcontractor or supplier; or
2.
Decline to accept the contract without penalty or forfeiting his bid security.
1.14
METHOD OF AWARD
A.
Any of the qualified bidders that submits a bid that does not exceed the amount of funds then
estimated by the Owner as available to finance the project, may be awarded the contract.
B.
The time required to complete the project will be considered in awarding the contract.
C. Alternate bids as taken in the best interests of the Owner will be considered in awarding the
contract.
D. If such bid exceeds such amount, the Owner may reject all bids, or may negotiate with the low
bidder or any one of the bidders.
E.
The Owner reserves the right to request a list of subcontractors from the bidders prior to
awarding the contract.
F.
The Owner reserves the right to waive any informality in the bidding.
1.15
QUALIFICATIONS OF BIDDER
The Owner may make such investigations as he deems necessary to determine the ability of the
bidder to perform the work, and the bidder shall furnish to the Owner all such information and data
for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the
evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is
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INSTRUCTIONS TO BIDDERS (CONT'D)
properly qualified to carry out the obligations of the contract and to complete the work contemplated
therein. Conditional bids will not be accepted.
1.16
PLANS AND SPECIFICATIONS
Plans and specifications will be distributed to Contractors in PDF Format on CD’s, Bidders and
Suppliers will be responsible for their own printing. All Contractors/Bidders are responsible to be
thoroughly familiar with all sheets of plans and pages of project manual (including all Addenda). The
failure or omission of the bidder to examine any form, instrument, or document shall in no way
relieve the bidder from any obligation in respect to his bid.
1.17
PLANS FOR REFERENCE
Complete sets of plans and specifications for all portions of the work will be on deposit at the
following locations where they may be examined by contractors, subcontractors, and material
suppliers:
A. Hurtig, Gardner, Froelich, Architects, Inc.
2602 N. Elizabeth
Pueblo, Colorado 81003
719-543-7600 or [email protected]
B. Construction Bid Network
600 E. 11th Street
Pueblo, CO 81001
719-544-7700 or [email protected]
C. F.W. Dodge Plan Room
9155 Sterling Street, #160
Irving, TX 75063
972-819-1319 or [email protected]
D. I Square Foot Plan Room
4500 Lake Forest Drive, #502
Cincinatti, OH 45242
800-364-2059 Ext. 8019 or [email protected]
1.18
NOTICE OF SPECIAL REQUIREMENTS
Attention is particularly called to those parts of the contract documents and specifications which
deal with any one or all of the following:
A.
Inspection and testing of materials.
B.
Insurance requirements.
C. Stated allowances.
D. Unit prices.
E.
Alternate bids.
1.19
CONSTRUCTION SAFETY AND HEALTH STANDARDS
It is a condition of this contract, and shall be made a condition of each subcontract entered into
pursuant to this contract, that the General Contractor and any subcontractor shall not require any
laborer or mechanic employed in the performance of the contract to work in surroundings or under
working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as
determined under construction safety and health standards (Title 29, Code of Federal Regulations,
Part 1518, published in the Federal Register on April 17, 1971) promulgated by the United States
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety
Standards Act (83 Stat. 96).
1.20
HAZARDOUS MATERIALS
A.
It is a specific condition of this contract that no asbestos-containing materials (ACM) be
furnished or installed in the Work of this project, and that contractor, subcontractors, and
materials suppliers verify that products furnished by them for the work contain no ACM.
B.
It is a specific condition of this contract that all imported backfill material shall meet current
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INSTRUCTIONS TO BIDDERS (CONT'D)
standards and regulations of the United States and State of Colorado concerning radon gas
exposure. Level of radon in all imported fill material shall not exceed 400 pico-curies per liter.
Instructions to Bidders - 5
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