REQUEST FOR PROPOSAL
Bid Number 2010-032
Sealed
bids will be received at the City of Glenwood Springs, in the office of the City
Clerk, Room 325 in City Hall,
Bid
documents may be inspected and are available at the City of Glenwood Springs,
Purchasing Department,
This
solicitation for bids may be canceled by the City of Glenwood Springs, and any
bid or proposal may be rejected in whole or in part for good cause when in the
best interests of the City of Glenwood Springs.
The City of Glenwood Springs reserves the right to reject any or all
proposals or accept what is, in its judgment, the best bid.
If a contract is awarded, it will be awarded to the lowest responsible
and responsive bidder, in accordance with Article 010.050 of the Municipal Code,
whose bid is deemed by the City of Glenwood Springs to be in the best interests
of the project.
A mandatory
pre‑bid conference will be held on June 24, 2010, at 10:00 a.m., to discuss the
bid requirements. Location of this meeting will be at the Community Center,
Local
Business Preference
010.050.080 Local preference.
(a) Legislative intent. It is
the intention of the City Council whenever possible to use, without
significant additional cost to
the taxpayers or ratepayers,
local businesses and/or subcontractors
for construction services or procurement of goods and supplies (excluding
sole source procurement [010.050.110], emergency procurements [010.050.120],
small purchase procurement [010.050.130], used supplies procurement
[010.050.140] or professional service procurement [010.050.150]
and any procurement made with external funding source requirements that
preclude application of local preference) in those instances when
awarding contracts in the amount of twenty-five thousand dollars ($25,000.00) or
more, pursuant to competitive procurement (010.050.090), with City funds. The
City Council intends to give local businesses an advantage in the bidding
process so that monies received from such contracts will be spent by the
employees of local businesses in the local economy. Local business
preference may be used as one
(1) factor in determining the award of a bid over twenty-five thousand dollars
($25,000.00). This local preference will
only be available to responsible and responsive bidders and/or subcontractors
that meet all applicable bid evaluation criteria.
(b) Definition of local
business.
(1) When applied to
construction contracts, Local
Business shall mean a business
and/or a subcontractor individually applying for Local Business
designation which meets the criteria
in either Subsections a. and c. or Subsections b. and c. as listed below:
a. The business
headquarters must be located and
primarily doing business within a
forty-five
(45)
mile radius of the intersection of
b. At least seventy-five
percent (75%) of the business
work force, at the time
of
the application, must reside within
a forty-five (45) mile radius of the
intersection of
c. The business shall have at
least seventy-five percent (75%) of business vehicles registered at the time of the application, with the government agency
having jurisdiction over areas within a forty-five (45) mile radius of the
intersection of
(2) When applied to procurement
of goods, supplies, construction
equipment and other
vehicles, Local Business
shall mean a business that is located and primarily doing business in the
corporate limits of the City. In the event the business is incorporated
or otherwise registered, it must be incorporated
or otherwise registered in
(c)
Local Business Designation. Prior to submitting a bid, any business
and/or subcontractor wishing to
obtain the Local
Business
Designation shall apply for such designation by submitting
sufficient written documentation to the City Manager which supports a request
for such designation. The owner of the business
and/or subcontractor seeking
Local
Business
Designation shall submit a signed, sworn affidavit affirming the
truthfulness of all information supplied to the City with the application for
Local
Business Designation.
To receive Local Business Designation of
any subcontractor amounts included in its bid, a business must certify the
accuracy of the contents of the subcontractor’s Local Business Designation
application submitted pursuant to this Section. The City Manager may
grant a Local
Business
Designation to a business
and/or subcontractor if such business
and/or subcontractor has
satisfied the criteria set forth in Subsection (b). In the event the City
Manager does not grant a
Local
Business Designation
upon request, such business and/or
subcontractor may appeal the decision
by providing a written explanation of the basis of the appeal to
the City Council within five (5)
business days of receiving the City Manager’s decision. A decision by a
majority of the City Council present shall be made at the time of the award of
the contract for which the appeal is made.
(d) Local
Business preference. In the event
that a determination is made that a submitted bid is from a responsible and
responsive bidder and that the business submitting the bid
and/or a subcontractor included in the
bid has a Local Business Designation, the bid comparison and award shall be made
after taking any applicable local preference into consideration.
All
portions of the submitted bid attributable to a Local Business shall be
aggregated for
application of the local preference as follows: if the aggregate Local Business
portion of the
submitted bid contract amount is equal to or less than Two Hundred Thousand
Dollars
($200,000.00), the Local Business preference will be five percent (5%); if the
aggregate Local Business portion of the submitted bid contract amount is more
than Two Hundred Thousand Dollars ($200,000.00), the Local Business preference
will be Ten Thousand Dollars ($10,000.00) plus two and one-half percent (2.5%)
of the aggregate Local Business portion in excess of Two Hundred Thousand
Dollars ($200,000.00); no Local Business preference, in any event, shall exceed
One Hundred Thirty-Five Thousand Dollars ($135,000.00). Determination of the
lowest responsible and responsive bidder shall be made after any appropriate
Local Business preference amount is applied to the submitted full bid contract
amount.
(e) Notice. Every invitation
for bid shall contain notification of this Section setting forth this
Local
Business preference and shall require a bidder to submit, at a time
to be specified, the manner in which, if at all, such business
and/or subcontractor may qualify for
Local Business Designation under this
Local
Business preference policy.
(f) Timing.
No Local Business Designation shall be
allowed unless such designation has been given in writing prior to the
award of bid.
(g) Challenge. In the event any
person wishes to challenge the Local
Business
Designation of a
business
and/or subcontractor which has
received such designation, such challenge shall be submitted in writing to the
City Manager. The written documentation supporting such challenge must set
forth, with specificity, the reasons supporting the allegation that the business
and/or subcontractor should not
continue to receive the Local
Business
Designation. The City Manager, at his/her discretion, shall
investigate such allegations and may seek the imposition of the remedies set
forth in this Section.
(h) Civil penalty. In the event
a business and/or subcontractor
has been given the Local
Business
Designation and the City Manager determines that such designation
is erroneous, such business shall be penalized in the same monetary amount as
the Local
Business preference advantage
which was applied to the bid from such business when it was awarded the
contract. In addition, such business and
subcontractor shall be subject to debarment for a period of three (3)
years in accordance with the provisions of Section 010.050.040.
(i) False affidavit. It shall
be unlawful for any person to make a false statement in the affidavit or to
provide false information supporting application for the
Local
Business Designation.
(j) Violations. In addition to the other remedies provided in Subsection (h) (Civil Penalty), any person violating Subsection (i) (False Affidavit) shall be deemed guilty, per occurrence, of a misdemeanor and, upon conviction of the same, shall be punished, per occurrence, in accordance with the provisions of Section 010.020.080 in the Municipal Court. Violations of any provision of Section 010.050.080 shall be deemed to be a strict liability offense as defined in Subsection 120.010.010. Culpable mental state is not required with respect to any material element of a violation of this Subsection.
Any contractor,
subcontractor or supplier wishing to obtain local business designation shall
apply for such designation by submitting sufficient written documentation
supporting such request to the City
Manager no later
than 5:00 p.m. (MST), July 6, 2010. Copies of the Local Business
Preference
Ordinance may be obtained by contacting the City Clerk at City Hall, 101 W.
Eighth,
Published:
June 16, 2010 and June 24, 2010 in the Glenwood Springs Post Independent.