HomeMy WebLinkAboutBID - 5756 02-125 MAPO TRAFFIC SIGN POSTSCity of Fort Collins
Administrative Services
Purchasing Division
CITY OF FORT COLLINS
INVITATION TO BID
BID #5756/02-125
MAPO TRAFFIC SIGN POSTS
BID OPENING: JANUARY 13, 2003, 3:OOP.M. (our clock)
Sealed bids will be received and publicly opened at the office of the Director Of Purchasing and Risk
Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and
date noted on the bid proposal and/or contract documents. If delivered, they are to be sent to 215 North
Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins,
80522-0580.
The Agencies including Cities of Fort Collins, Broomfield, Loveland, Aurora, Lakewood, Longmont,
Arvada, Northglenn, Englewood and Counties of Adams, Jefferson, Larimer, Boulder County Schools
and Denver International Airport, acting collectively through their authorized procurement officials
respectfully request sealed Bids for the purchase of sign posts and delineator posts.
Bids shall be in a sealed envelope, plainly marked "MAPO BID #5756/02-125 TRAFFIC SIGN POST.
Bids must be received at the Purchasing Office prior to 3:00p.m. (our clock), JANUARY 13, 2003.
A copy of the Bid may be obtained as follows:
Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to request
document #25756. (The bid number must be preceded by a 2 when using the Fax -line.)
2. Download the Bid from the Purchasing Webpage, Current Bids page, at:
www.fcgov.com/purchasing.
3. Come by Purchasing at 215 North Mason St., 2nd floor., Fort Collins, and request a copy of
the Bid.
Special Instructions
All bids must be properly signed by an authorized representative of the company with the legal capacity to
bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once
bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the
purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a
period of twelve months from the date of the opening. The City may also pursue any remedies available at
law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings.
Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the
City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by
the City prior to award of the bid.
Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by
the bid number and bid name contained in the bid proposal.
No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in
default on any obligation to the City.
215 North Mason Street • 2nd Floor • P.01 Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707
Notwithstanding the above, the successful vendor shall not be relieved of liability to the Agency for
damage sustained by the Agency by virtue of breach of the award by the successful vendor and
the Agency may withhold any payments to the successful vendor for the purpose of set off until
such time as the exact amount of damages due the Agency from the successful vendor is
determined.
7. TERMINATION OF AWARD FOR CONVENIENCE
The Agency may terminate the award at any time by giving written notice to the successful vendor
of such termination and specifying the effective date thereof, at least thirty (30) working days
before the effective date of such termination. In that event, all finished or unfinished services,
reports, material(s) prepared or furnished by the successful Bidder under the award shall at the
option of each Agency become its property. If the award is terminated by each Agency as provided
herein, the successful vendor will be paid an amount which bears the same ratio to the total
compensation as the services actually performed or material furnished bear to the total
services/materials the successful Bidder covered by the award, less payments of compensation
previously made. If the award is terminated due to the fault of the successful Bidder, termination of
award for cause, relative to termination shall apply.
8. ACCEPTANCE OF TERMS BY SHIPMENT
Shipment of all or any portion of the goods covered by this order shall be deemed an acceptance
of the Bid upon the terms and prices set forth herein.
9. ASSIGNMENT
Bidder shall not assign this order nor any monies to become due hereunder without the prior
written consent of each Agency. Any assignment or attempt at assignment made without such
consent of the Agency shall be void.
10. TAXES
The Agencies are exempt from City, County, State and Federal Sales/Excise Taxes. Certificates
will be issued upon request. Any appropriate taxes shall be shown as a separate item on your Bid.
Bidder shall obtain all appropriate tax exemption certificates from the Agencies.
11. EQUAL OPPORTUNITY
The successful firm will agree not to refuse to hire, discharge, promote, demote, or to otherwise
discriminate in matters of compensation against any person otherwise qualified solely because of
race, creed, sex, national origin, ancestry or physical handicap.
12. AMERICANS WITH DISABILITIES ACT
It shall be a condition that any company, firm or corporation supplying goods or services, must be
in compliance with the appropriate areas of the Americans With Disabilities Act of 1990 as enacted,
and from time to time amended, and any other applicable Federal regulation. A signed, written
certificate stating compliance with the Americans With Disabilities Act may be required, upon
request, by any participating Agency.
10
13. COMMON LANGUAGE
Unless otherwise specified in this document, all words shall have a common language unless the
context in which they are used clearly requires a different meaning. Words in the singular number
include the plural, and in the plural include the singular. Additionally, words in the masculine
gender include the feminine and the neuter, and when the sense so indicates, words of the neuter
gender may refer to any gender.
14. PROPRIETARY INFORMATION
All information included in any Bid that is of a proprietary nature must be clearly marked as such.
Each Agency shall be held harmless from any claims arising from the release of proprietary
information not clearly designated as such by the proposing firm.
Because of the need for public accountability, the following information concerning the Bid will not
be considered proprietary, even if such information is clearly marked as such: prices of Bid, non-
financial information concerning compliance with specifications, guarantees and warranties.
15. COMPETITIVENESS AND INTEGRITY
The collective Agencies have assigned control of this acquisition process to the Host Agency
identified in the Bid Notice of this document, to prevent biased evaluations and to preserve the
competitiveness and integrity of such acquisition efforts. Offerors are to direct all communications
regarding this Bid to the designated Host Agency, unless otherwise specifically noted. Attempts by
offering firms to circumvent this requirement will be viewed negatively and may result in rejection of
the offer of the firm found to be in non-compliance. The Host Agency may refer communications to
other participating Agencies for clarification.
16. FOB POINT
The FOB point shall, in all cases, be destination(s). If freight is charged to any of the Agencies, the
vendor will prepay and add.
17. CREDIT
If a vendor places any dollar limitations for credit extended on a purchase order, the participating
Agencies will consider such limitations in the evaluation of the Bids. Any credit limits without
justification may cause the Agencies to disqualify the Bid. Additionally, MAPO Agencies will not
complete credit applications.
11
VI A
SPECIAL INSTRUCTIONS TO BIDDERS
COLLECTIVE
BIDS MUST BE PREPARED ON THE FORMS PROVIDED HEREIN.
Bids shall consist of:
SIGN POSTS AND DELINEATOR POSTS
Each item on the bid must be bid individually, and the Agencies reserve the right to accept the lowest
and best bid per item, combination of items, or all items combined, whichever is deemed in the best
interest, and actual applications as appropriated by the Agencies.
Releases to be made as required throughout the period of the award. Consideration will be given to
vendors with a favorable firm price period with no minimum release requirements.
Prices must remain in effect from Date of Award through December 31, 2003.
The quantities listed are estimates and may increase or decrease as deemed necessary by the
Agencies.
This award may be extended for an additional 4 years, contingent upon future years funding, and
agreement of the Agencies.
12
VI B
SPECIAL INSTRUCTIONS TO BIDDERS
INDIVIDUAL
NOTE: Each Bidder may use contacts listed below to obtain information on published
specifications, quantities, special conditions or instructions, physical delivery points and/or any other
elements necessary to submit a complete bid.
AGENCY: City of Fort Collins
CONTACT: Carroll Miller
PHONE NO: (970) 221-6792
DELIVERY LOCATION: City of Fort Collins, Street Dept.
625 Ninth Street
Fort Collins, CO 80525
AGENCY:
City of Broomfield
CONTACT:
Rudy Cesena
PHONE NO:
(303)464-5672
DELIVERY LOCATION:
City of Broomfield
3001 W. 124th Ave.
Broomfield, CO 80020
AGENCY:
Adams County
CONTACT:
Liz Estrada
PHONE NO:
(303)654-6052
DELIVERY LOCATION:
Adams County, Traffic Dept.
4955 E. 74th Ave.
Commerce City, CO 80022
AGENCY: City of Loveland
CONTACT: Steph Euschneid or Cindy Scymanski
PHONE NO: (970)962-2480 or (970)962-2696
DELIVERY LOCATION: City of Loveland, Traffic
105 W. 5th St.
Loveland, CO 80537
AGENCY:
City of Aurora
CONTACT:
Chris Carnahan
PHONE NO:
(303) 326-8227
DELIVERY LOCATION:
City of Aurora, Traffic Operations
15740 E. 32nd. Ave.
Aurora, CO 80011
13
AGENCY:
CONTACT:
PHONE NO:
DELIVERY LOCATION:
AGENCY:
CONTACT:
PHONE NO:
DELIVERY LOCATION
AGENCY:
CONTACT:
PHONE NO:
DELIVERY LOCATION
AGENCY:
CONTACT:
PHONE NO:
DELIVERY LOCATION:
AGENCY:
CONTACT:
PHONE NO:
DELIVERY LOCATION
AGENCY:
CONTACT:
PHONE NO:
DELIVERY LOCATION:
City of Englewood
Gary Tyson
(303) 762-2514
Englewood Service Center
2800 S. Platte River Drive
Englewood, CO 80110
City of Lakewood, Tr
Terri Haley
(303) 987-7999
City of Lakewood, Tr
1060 Quail St.
Lakewood, CO 80215
affic Engineering
affic Engineering
Arapahoe County
Randy Hoffmann
(303) 792-5016 ext. 226
Arapahoe County Road and Bridge
7600 S. Peoria St.
Englewood, CO 80112
City of Longmont
Tom Thompson
(303) 651-8345
City of Longmont
1100 S. Sherman St.
Longmont, CO 80501
Jefferson County
Anna Lynch/Kevin French
(303)271-8592 or 271-8457
Jefferson County Sign Shop
Attn: Karen Hernlund
21401 Golden Gate Canyon Rd.
Golden, CO 80403
City of Westminster
Cliff Coffman
(303)430-2400 x2524
City of Westminster
6777 W. 88th Ave.
Westminster, CO 80031
14
AGENCY:
CONTACT:
PHONE NO:
DELIVERY LOCATION
AGENCY:
CONTACT:
PHONE NO:
DELIVERY LOCATION:
AGENCY:
CONTACT:
PHONE NO:
DELIVERY LOCATION
AGENCY:
CONTACT:
PHONE NO:
DELIVERY LOCATION
Larimer County Road & Bridge
Bill Gleiforst
(970)498-5707
Larimer County Road and Bridge
614 E. Vine Dr.
Ft. Collins, CO 80524
City of Arvada
Larry Foltz
(720)898-7751
City of Arvada, Traffic Department
6701 Indiana St.
Arvada, CO 80007
City of Northglenn
Terry Cordova
(303)450-4002
City of Northglenn
12301 Claude Ct.
Northglenn, CO 80233
Boulder Valley Schools
Olaf Ottum
(303) 447-5082
Boulder Valley Schools
6500 E Arapahoe Rd
Boulder, CO 80303
15
VII
SPECIFICATIONS
1. SECTION 1 SIGN POSTS (TELSPAR)
Material
Steel posts furnished shall conform to the Standard Specifications for Hot rolled Carbon Steel,
commercial quality ASTM Designation A-569-72.
Finish
Material shall be hot dipped galvanized coating conforming to ASTM A525, Des. G-90. Zinc coating
to form an excellent bond with the steel surface so as not to be affected by subsequent forming
operations. Corner weld shall be zinc coated after scarifying operation. Exposed edges to be
protected against corrosion by "sacrificial action" when zinc is present on intimate adjacent areas.
Shape
The cross section of the post shall be square tubing formed of 12 gauge (.105 USS gauge) steel,
carefully formed into six and, if necessary, shall be welded in such a manner that weld or flash shall
not interfere with telescoping.
Holes
Hole diameter shall be seven -sixteenth (7/16") plus or minus one sixty-fourth (1/64") inch on 1"
centers, on all four sides, for the entire length of the post. Holes shall be on the center line of each
side true alignment, and opposite to each other.
Length
The length of each post shall be as specified, and have a permissible length tolerance of plus or
minus one -quarter (1/4) inch. Cuts through holes will not be accepted.
Telescoping Properties
The finished posts shall be straight and shall have a smooth, uniform finish. It shall be possible to
telescope all consecutive sizes of square tubes freely and for not less than ten feet or their length
without the necessity of matching any particular face to any other face. All holes and ends shall be
free from burrs, and ends shall be cut square.
Delivery Requirements
Delivery of these materials must be made in a flat-bed trailer for fork lift unloading; otherwise the
order shall be refused, unless transporter agrees to unload on -site. Twenty-four (24) hour notice
must be given prior to delivery.
Specifications
The specifications shall be considered a minimum specification.
0
2. SECTION 2 6' U-CHANNEL DELINEATOR POSTS
A. Minimum of 1.12 Ibs per foot with a baked green enamel finish. The post must have a minimum
of 30-3/8" holes on 1 "centers from the top.
B. Minimum of 1.12 Ibs per foot with a red powder coat finish. The post must have a minimum of
30-3/8" holes on 1 "centers from the top.
C. Minimum of 3 Ibs per foot with a baked green enamel finish. The post must have minimum of 30-
3/8" holes on 1 "centers from the top.
17
2003 MAPO TRAFFIC SIGN POST BID SCHEDULE
SECTION 1. SIGN POSTS
Length in feet
Estimated Quantity
1. TELSPAR (OR EQUAL) 12 GUAGE
1 1/2"
Perforated Square Post
10
225
1 3/4 "
Perforated Square Post
8
575
1 3/4"
Perforated Square Post
10
3575
1 3/4"
Perforated Square Post
11
850
1 3/4"
Perforated Square Post
12
75
2"
Perforated Square Post
10
1450
2"
Perforated Square Post
11
575
2. TELSPAR (OR EQUAL) 14 GUAGE
1 3/4"
Perforated Square Post
10
500
2"
Perforated Square Anchors
3
525
3. TELSPAR
(OR EQUAL) 12 GUAGE
1 1/2"
Perforated Square Anchors
1 1/2
500
1 3/4"
Perforated Square Anchors
2
200
2"
Perforated Square Anchors
2
400
2"
Perforated Square Anchors
3
4175
2 1/4"
Perforated Square Anchors
3
2475
SECTION 2. DELINATOR POSTS
1.12lbs per
6' U-Channel Posts Green foot 2900
1.12lbs per
6' U-Channel Posts Red foot 200
6' U-Channel Posts Green 3lbs per foot 250
SECTION 3. MISCELLANEOUS
FO 175-VS2 V-LOCKS 24" X 1 3/4" Includes wedges
Drive Rivets 3/8 " TXLDR3878 05 or equal
Corner bolts 5/16" (not carrage bolt bent) TL 050 or equal
GRAND TOTAL $
FIRM NAME
450
4000
500
COST PER EACH
SA 10/01
18
SIGNATURE PAGE
The undersigned Bidder, having examined these documents, and having full knowledge of
the condition under which the work described herein must be performed, hereby proposes
that he will fulfill the obligations contained herein in accordance with all terms, conditions,
and specifications set forth; and that he will furnish all required products and pay all
incidental costs in strict conformity with these documents, for the stated prices as payment
in full.
Submitting Firm:
Address:
Telephone Number:
Name of Agent (print/type):
Title:
Authorized Signature:
Date:
Attest:
My Commission Expires:
CORPORATE SEAL
ADDENDA FORM
The undersigned hereby acknowledges receipt of the following applicable addenda:
Addenda Number Date
19
Bids must be furnished exclusive of any federal excise tax, wherever applicable.
Bidders must be properly licensed and secure necessary permits wherever applicable.
Bidders not responding to this bid will be removed from our automated vendor listing for the subject
commodities.
The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis,
whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and
to waive any irregularities or informalities.
Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial
interest in the sale to the City of any real or personal property, equipment, material, supplies or services
where such officer or employee exercises directly or indirectly any decision -making authority concerning such
sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with
the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary
value from any person who has or is seeking to do business with the City of Fort Collins is prohibited.
Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight
charges must be included in prices submitted on proposal.
Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered
as separate pricing on the proposal form.
Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's
purchasing restrictions. A copy of the resolutions are available for review in the Purchasing Office or the City
Clerk's Office. Request Resolution 91-121 for cement restrictions.
Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to
authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a
collusive or sham bid.
Bid results: for information regarding results for individual bids send a self-addressed, self -stamped
envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid
opening.
m s B. O'Neill II, CPPO, FNIGP
for of Purchasing and Risk Management
Hosting Agency — City of Fort Collins
2
n.
INDEX OF CONTENTS
TITLE PAGE
II. INDEX OF CONTENTS
III. BID NOTICE
IV. INSTRUCTIONS TO BIDDERS
V. TERMS AND CONDITIONS
VI. SPECIAL INSTRUCTIONS TO BIDDERS
A. COLLECTIVE
B. INDIVIDUAL
VII. TECHNICAL SPECIFICATIONS
VIII. BID FORM
IX. SIGNATURE/ADDENDA PAGE
3
IV
INSTRUCTIONS TO BIDDERS
BID OPENING AND AWARD
Bids will be examined promptly after opening, and an abstract will be provided upon request.
(Supply a self addressed, stamped envelope with your Bid.) NO BID RESULTS WILL BE GIVEN
OVER THE TELEPHONE. No Bid may be withdrawn for a period of sixty (60) calendar days of the
Bid Opening date.
2. AGENCIES
The Host Agency is the Agency who is facilitating this Bid. Agencies is defined as the Agencies
participating in the Bid.
3. BIDDER QUALIFICATIONS
No Bid shall be accepted from and no contract will be awarded to any person, firm or corporation
that is in arrears to any participating Agency, upon debt or contract that is a defaulter, as surety or
otherwise, upon any obligation to the Agencies or that is deemed irresponsible or unreliable by the
individual Agencies. If requested, Bidders shall be required to submit satisfactory evidence that
they have a practical knowledge of the particular supply/service Bid upon and that they have the
necessary financial resources to provide the proposed supply/service called for as described in the
attached Technical Specifications.
4. BID FORM
Each Bidder must submit an original Bid and additional copies as required on the forms attached.
The Bidder shall sign his Bid correctly, and the Bid may be rejected if it shows any omissions,
alterations of the form, additions not called for, conditional Bid, or any irregularities of any kind.
In case of a discrepancy between the unit price and the extended price, the unit price shall prevail.
5. SPECIFICATION DEVIATIONS BY THE BIDDER
Any deviation from this specification MUST be noted in detail, and submitted in writing on the Bid
Form. Completed specifications should be attached for any substitutions offered, or when
amplifications are desirable or necessary. The absence of the specification deviation statement
and accompanying specifications, will hold the Bidder strictly accountable to the specifications as
written herein. Failure to submit this document of specification deviation, if applicable, shall be
grounds for rejection of the item when offered for delivery. If specifications or descriptive papers
are submitted with Bids, the Bidder's name should be clearly shown on each document.
rd
6. BIDDER REPRESENTATION
Each Bidder must sign the Bid with their usual signature and shall give their full business address
on the form provided in this Bid. Bids by partnerships shall be signed with the partnership name by
one of the members or by an authorized representative. Bids by corporations shall be signed with
the name of the corporation followed by the signature and designation of the President, Secretary,
or other person authorized to bind it in the matter and shall have the corporate seal affixed thereto.
7. BROCHURES
Bids shall include adequate brochures, latest printed specifications and advertising literature,
describing the product offered in such fashion as to permit ready comparison with our
specifications on any item -by -item basis where applicable.
8. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS
All changes in Bid documents shall be through written addendum and furnished to all Bidders.
Verbal information obtained otherwise will NOT be considered in awarding of Bids.
9. BID CHANGES
Bids, amendments thereto, or withdrawal requests received after the time advertised for Bid
Opening, will be void regardless of when they were mailed.
10. BASIS OF BID AWARD
Award of Bid shall be made to the lowest responsive, and responsible Bidder(s) meeting the
specifications. The following is a partial list of the criteria that may be used in the award of this Bid.
A. Superior quality and adherence to specifications
B. Adequate maintenance and service
C. Delivery and/or completion time
D. Guarantees and Warranties
E. Company's reputation and financial status
F. Past experience and cost with same or similar equipment or service
G. Anticipated future cost and experience
11. INSURANCE
For SERVICES requiring contractor's presence on any Agency property, the successful Bidder
shall, during the term of this Agreement and until completion thereof, provide and maintain the
following minimum coverages:
5
Type of Insurance
Standard Workers' Compensation &
Employers' Liability Including
Occupations Disease Coverage
Comprehensive General Liability
Insurance
Comprehensive Automobile Liability
Insurance
Umbrella Liability Coverage
Minimum Limits of Liability
Statutory in conformance with the
compensation laws of the State of
Colorado
$ 150,000 each person;
$1,000,000 each occurrence
$ 150,000 each person;
$1,000,000 each person
$1 million
The successful Bidder shall effect the insurance policies in a company or companies and in a form
satisfactory to the Owner. Before commencing any performance under this Agreement, successful
Bidder shall deliver, to each Agency, Certificates of Insurance issued by the insurance company,
and/or its duly authorized agents pertaining to the aforementioned insurance, and certifying that the
policies stipulated above are in full force and effect.
All policies and/or Certificates of Insurance shall include each individual entity as an additional
named insured.
Nothing herein shall be deemed or construed as a waiver of any of the protections to which the
Agencies may be entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10-
101, C.R.S., as amended.
12. DELIVERY DATE
The delivery time, as stated in the Bid Form, shall be the time required to deliver the complete item
after the receipt of the order or award of the Contract. Where multiple items appear on a Bid
request, the Bidder shall, unless otherwise stated by the participating Agencies, show the delivery
time for each item separately. If only a single delivery time is shown, it will be assumed to mean
that all items included in the Bid can and will be delivered on or before the specified date. The
Bidder agrees that the delivery will be completed in the time stated assuming that the time between
the Bid Opening and the placing of the order, does not exceed the number of days so stipulated.
The right is reserved to reject any Bid in which the delivery time indicated is considered sufficient to
delay the operational needs for which the commodity/service is intended.
13. CASH DISCOUNTS
Cash discounts should be so stated on the Bid Form. Prices bid must, however, be based upon
payment in thirty (30) days. In all cases, cash discounts will be calculated from the date of the
invoice or the date of acceptance, whichever is later.
I:
14. TIE BIDS
In the case of tie Bids, the Agencies reserve the right to make the award based on the factors
previously outlined in paragraph number ten.
15. BID REJECTION OR PARTIAL ACCEPTANCE
The Agencies reserve the right to reject any or all Bids. They further reserve the right to waive
technicalities and formalities in Bids, as well as to accept in whole or in part such Bid or Bids where
they deem it advisable in protection of the best interests of the Agencies.
16. INVOICES
Individual purchase orders will be assigned to the successful Bidder(s) from the participating
Agencies in this Bid and each is to be invoiced separately. All invoices submitted must show the
respective Agency's purchase order number.
17. PAYMENTS
Payments will be made for all goods/services delivered within 30 days of receipt and acceptance of
delivery.
18. MODIFICATION, ADDENDA AND INTERPRETATIONS
Any apparent inconsistencies, or any matter seeming to require explanation or interpretation, must
be inquired into by the Bidder at least 72 hours (excluding weekends and holidays) prior to the time
set for the Bid Opening. Any and all such interpretations or modifications will be in the form of
written addenda. All addenda shall become part of the Contract Documents and shall be
acknowledged and dated on the Bid Form. All requests for information should be in writing or
telephoned to the Host Agency.
19. LAWS AND REGULATIONS
All applicable State of Colorado and Federal laws, City and County ordinances, licenses and
regulations of all Agencies having jurisdiction shall apply to the award throughout and incorporated
here by reference.
20. SUBCONTRACTING
No portion of this Bid may be subcontracted without the prior written approval by each Agency.
21. TELEGRAPHIC/ELECTRONIC BID SUBMITTAL
Telegraphic and/or Bid offers sent by electronic devices are not acceptable and will be rejected
upon receipt. Proposing firms will be expected to allow adequate time for delivery of their Bid
either by air freight, postal service, or other means.
7
22. MISCELLANEOUS
The Agencies reserve the right, either collectively or separately, to reject any and all Bids or parts
thereof. The participating Agencies reserve the right to inspect vendor's facilities prior to the award
of this Bid. The Agencies reserve the right, either collectively or separately, to negotiate optional
items with the successful Bidder.
23. COOPERATIVE BIDDING
Other governmental agencies may be extended the opportunity to purchase off this Bid with the
agreement of the successful vendor(s) and the participating MAPO Agencies. Requests for
participation of other Agencies will be coordinated by the MAPO Agency hosting the Bid The Host
Agency may notify the vendor(s) and the Agency wishing to participate, in writing.
t:3
V
TERMS AND CONDITIONS
1. MODIFICATION OF AGREEMENT
No modification of award shall be binding upon any participating Agency unless made in writing
and signed by authorized agents of each participating Agency.
2. WARRANTIES
Bidder warrants that all articles, materials and work will conform within applicable drawings,
specifications, samples and/or other descriptions given to Agencies, and will be free from defects.
Without limitation of any rights which Agencies may have by reason of any breach of warranty,
goods which are not as warranted may be returned at Bidder's expense at reasonable time after
delivery, for either credit or replacement, as each participating Agency may direct.
3. OVERSHIPMENTS
Material shipped in excess of quantity ordered may be returned at Bidder's expense.
4. CANCELLATION
Either party may cancel the award in the event that a petition, either voluntary or involuntary, is
filed to declare the other party bankrupt or insolvent or in the event that such party makes an
assignment for the benefit of creditors.
5. PATENT GUARANTEE
Bidder shall, with respect to any device or composition of Bidder's design or Bidder's standard
manufacture, indemnify and hold harmless each participating Agency, its employees, officers, and
agents, from costs and damage as finally determined by any court of competent jurisdiction for
infringement of any United States Letters Patent, by reason of the sale of normal use of such
device or composition, provided that Bidder is promptly notified of all such actual or potential
infringement suits, and is given an opportunity to participate in the defense thereof by the
Agencies.
6. TERMINATION OF AWARD FOR CAUSE
If, through any cause, the successful Bidder shall fail to fulfill in a timely and proper manner its
obligations or if the successful vendor shall violate any of the covenants, agreements or
stipulations of the award, the Agency shall thereupon have the right to terminate the award by
giving written notice to the successful Bidder of such termination and specifying the effective date
of termination. In that event, all finished or unfinished services, reports or other materials prepared
by the successful Bidder shall, at the option of the Agency, become its property, and the successful
Bidder shall be entitled to receive just, equitable compensation for any satisfactory work
completed, prepared documents or materials as furnished.
E