Architect for the Design of Westminster Fire Stations _7 and _3.pdf

REQUEST FOR QUALIFICATIONS (RFQ)

Architect for the Design of Westminster Fire Stations #7 and #3

Solicitation No. RFQ/P-PWU-26-656

SCHEDULE OF EVENTS

PHASE I - RFQ

RFP Advertisement 07/10/2026 Mandatory Pre-Submittal Conference 07/23/2026 1:30 PM MST Deadline to Submit Questions 07/30/2026 6:00 PM MST Response to Questions 08/04/2026 6:00 PM MST Proposal Due Date 08/13/2026 2:00 PM MST Evaluation 08/13/2026-08/28/2026

The party submitting a proposal, hereinafter referred to as the Proposer, offers to furnish to the City of Westminster the materials, supplies, products, or services requested in accordance with the specifications and subject to the Terms and Conditions described herein.

The City utilizes the Rocky Mountain E-purchasing System (BidNet®) in the advertisement and facilitation of solicitations administered by the City's Procurement Division; therefore, respondents must ONLY rely on documents provided on the Rocky Mountain E-purchasing System (BidNet®) website or as communicated directly from the Procurement official. Only rely on this web address: https://www.bidnetdirect.com/colorado https://www.bidnetdirect.com/colorado

Table of Contents

SECTION A: RFQ/P OVERVIEW AND PROJECT REQUIREMENTS

A.1 INTRODUCTION:

A.2 RFQ/P PROCESS OVERVIEW:

A.3 PROJECT DESCRIPTION:

A.4 SCOPE OF WORK/ REQUIREMENTS:

A.4.a FACILITIES ENGINEERING DIVISION OVERVIEW/ROLE OF THE CITY:

A.5 RFQ ATTACHMENTS:

A.6 AWARD TERM:

A.7 MANDATORY PRE-PROPOSAL CONFERENCE:

A.8 ELECTRONIC SUBMISSION OF PROPOSALS AND COMMUNICATION:

A.9 CLARIFYING QUESTIONS:

A.10 ADDENDA:

A.11 PRICING:

A.12 PAYMENT TERMS:

A.13 INSURANCE REQUIREMENTS:

SECTION B: PROPOSAL SUBMISSION REQUIREMENTS

B.1 GENERAL SUBMISSION INFORMATION:

B.2 CHANGES:

B.3 MODIFICATIONS TO PROPOSAL:

B.4 CONTRACT DOCUMENTS:

B.5 ACCEPTANCE PERIOD:

B.6 PROPOSAL CONTENTS AND FORMAT:

B.6.a PHASE I – QUALIFICATIONS SUBMITTAL REQUIREMENTS

SECTION C: EVALUATION AND AWARD

C.1 EVALUATION OVERVIEW

C.2 PROPOSAL EVALUATION ITEMS:

C.3 EVALUATION AND SELECTION:

C.4 AWARD TYPE:

C.5 NOTICE TO PROCEED:

SECTION D: GENERAL RFP AND CONTRACT INFORMATION

D.1 PAYMENT CONDITIONS:

D.2 RFP CONDITIONS AND PROVISIONS:

D.4 GRATUITIES AND KICKBACKS:

D.5 NON-COLLUSIVE PROPOSER CERTIFICATION:

D.6 DISCLOSURE OF CONTENTS OF PROPOSALS:

SECTION A: RFQ/P OVERVIEW AND PROJECT REQUIREMENTS

A.1 INTRODUCTION:

The City of Westminster, Colorado, hereinafter referred to as the City, is requesting Statements of Qualifications (SOQ) and proposals from qualified firms for Architectural services for the design of Westminster Fire Stations #7 and #3. For the purposes of this document, the Architect will be referred to as the Consultant. This procurement will be completed in two phases: the qualifying phase (RFQ) and the proposal solicitation phase (RFP).

1) RFQ: Evaluate qualifications from Consultants to create a shortlist of the top qualified candidates.

2) RFP: Request proposals from the shortlist of Consultants for final evaluation and selection.

A.2 RFQ/P PROCESS OVERVIEW:

The City is conducting a two-step selection process to identify a qualified consultant for these projects. This RFQ first invites firms to demonstrate their expertise and experience. Following the initial evaluation, the City will shortlist the most qualified firms and invite them to submit formal proposals and participate in interviews.

The chosen Consultant will collaborate with City staff to develop and execute the projects’ scope.

A.3 PROJECT DESCRIPTION:

The City of Westminster, Colorado, is a northern suburb of Denver located in both Adams and Jefferson County with an estimated population of 116,320 residents, and over 1,200 city employees. It is known for its 3,090 acres of open space with 62 parks containing over 120 miles of trails. The City currently has 6 fire stations serving all 34 square miles of the City as well as neighboring cities included in the automatic aid agreements. Currently, two geographic areas of the City fall outside of the Department’s four-minute response time standard. Since 2003, annual service calls have increased by over 140%, from 7,000 to over 17,000 in 2024.

To address response time gaps, particularly West of US-36 near Westminster Blvd and Westcliff Parkway, the City plans to construct a new 20,000 square foot fire station, Fire Station #7. Fire Station #3 is an existing fire station located near W 90th Ave and Wadsworth Blvd. This building was originally constructed in 1976 and the City plans to deconstruct and build a new 17,000 square foot fire station.

The City also plans to construct an approximately 11,000-square-foot Fire Administration Building, along with training structures—including a tower, burn building, and car prop—totaling roughly 8,000 square feet. The exact locations for these facilities have not yet been determined. The City is currently evaluating multiple options.

See Exhibit B: Preliminary Station Requirement List for more details on each project.

All square footages provided are estimates and are intended to give proposers a general understanding of the overall size and scope of the projects.

The total approved budget for the two projects is estimated to be between $65 million and $70 million. The exact budget may change depending on certain factors associated with each project.

The City is currently evaluating options to determine the most effective project sequence. For this RFQ/P please assume the following design efforts.

1. The Station #7 project proceeds first. Fire Station #3 proceeds after the start of fire station #7

2. The Admin Building and Training Center is anticipated to run concurrently with Fire Station #7

A.4 SCOPE OF WORK/ REQUIREMENTS:

This project includes the minimum scope of services and tasks to be completed by the selected Consultant. It is not the intent of the City to outline a rigid scope of tasks as part of this RFQ/P. The Consultant is encouraged to develop a comprehensive approach with City staff throughout the project. That said, the minimum scope of services is provided to help further define the City’s expectations and goals for these projects.

The Consultant shall provide all services necessary to design and implement Fire Stations #7, #3 and the admin building / training center. Design deliverables are further detailed in Exhibit C- Design Deliverable Requirements. The scope includes but is not limited to:

1. General Responsibilities:

a. Develop a comprehensive design approach in collaboration with the City, Owner’s Representative, and stakeholders.

b. Ensure compliance with the funding requirements, timelines, and reporting needs.

c. Design the facility to meet operational, functional, and sustainability goals, ensuring the highest degree of quality and cost-efficiency.

d. Incorporate specific fire station requirements, including:

i. Apparatus bays designed for efficient access and circulation.

ii. Living quarters tailored for 24/7 operations, including sleeping, dining, fitness, and recreation spaces.

iii. Training spaces are equipped for scenario-based emergency drills.

iv. Decontamination and Contamination Control. This includes designated decontamination areas and PPE storage facilities to minimize exposure to carcinogens and other hazardous materials.

v. Emergency response workflows ensuring rapid deployment and operational efficiency.

2. Programming and Conceptual Design Confirmation:

a. Review and confirm programmatic needs in collaboration with the Fire Department and City staff.

b. Evaluate sites, including zoning requirements, environmental constraints, and feasibility for construction.

c. Develop and present multiple conceptual design schemes that align with budgetary and operational requirements.

3. Public Engagement and Community Collaboration:

a. Collaborate with the City’s Communications team and the Owner’s Representative to:

i. Support the establishment of a Community Advisory Team (CAT).

ii. Coordinate and prepare for up to five CAT meetings, open houses, and virtual engagement sessions per fire station project.

iii. Materials must be provided in English and Spanish.

iv. Incorporate community feedback into design iterations while ensuring alignment with project goals.

4. Design Phases:

a. Schematic Design (SD):

i. Develop SD documents, including comprehensive site plans, floor plans, elevations, and preliminary building sections in accordance with Exhibit C Design Deliverable Requirements.

ii. Conduct a detailed programming review to confirm spatial relationships, room sizes, and functional adjacencies.

iii. Evaluate multiple design options and present alternatives to the City and CAT for feedback.

iv. Identify preliminary building systems and materials, including mechanical, electrical, and plumbing systems, with energy efficiency considerations.

v. Collaborate with the contractor to validate cost estimates and align with the project budget.

vi. Prepare visualizations or renderings to aid public presentations and engagement efforts.

b. Design Development (DD):

i. Advance the approved SD design into detailed layouts, including room-specific details and integration of building systems in accordance with Exhibit C: Design Deliverable Requirements.

ii. Coordinate with subconsultants to finalize structural, mechanical, electrical, plumbing, and fire protection systems.

iii. Provide refined material selections and specifications for finishes, fixtures, and equipment.

iv. Conduct workshops with key stakeholders, including City staff and end-users, to finalize operational workflows and design adjustments.

v. Present progress updates to CAT and stakeholders, incorporating their feedback where feasible.

vi. Assist the contractor in updating detailed cost estimates to ensure the project remains within budget.

vii. Submit a complete DD package for City review and approval before moving to the CD phase.

viii. Advance designs, incorporating input from CAT meetings and City stakeholders.

ix. Provide detailed drawings and specifications for key systems and materials.

c. Construction Documents (CD):

i. Develop a comprehensive and coordinated set of construction drawings and specifications detailing all architectural, structural, civil, mechanical, electrical, plumbing, and fire protection systems in accordance with Exhibit C: Design Deliverable Requirements.

ii. Incorporate sustainability and LEED requirements into final design documents.

iii. Conduct quality control reviews to ensure documents are free of conflicts or errors.

iv. Coordinate with the contractor to prepare bid packages and address any pre-bid questions or clarifications.

v. Facilitate a final review with City staff and provide necessary revisions to address feedback.

vi. Prepare a construction-phase implementation plan, including a phasing strategy if required.

vii. Prepare a complete set of detailed drawings and specifications for construction.

viii. Coordinate with the contractor to finalize construction cost estimates.

5. Construction Administration:

a. Attend weekly construction meetings to provide oversight and address design-related issues.

b. Review submittals, shop drawings, and change orders.

c. Monitor construction progress and provide recommendations to ensure quality and compliance.

d. Conduct punch-list inspections and participate in final walkthroughs.

e. Coordinate LEED documentation requirements.

6. Close Out and Warranty:

a. Coordinate and attend all punch inspections of the project to verify that the project is substantially complete by the contract documents.

b. Attend the 11-month and warranty walk.

7. Additional Services:

a. Assist in planning for future fire station projects as part of the City’s Capital

Improvement Program.

The City anticipates that the selected Consultant will procure the following sub-consultants. While a full team is not required during the RFQ phase, please indicate which of these services your firm can provide in-house and whether those consultants are located in Colorado or out of state.

• Civil Engineering

• Fire Protection Design

• Lighting Design

• Structural Engineering

• Landscape Architecture

• IT/AV/Security/Low Voltage Design

• MEP Engineering

• Interior Design & Signage

• Acoustic Consultant

• High-Performance Building Consultant

• FF&E Design & Coordination

A.4.a FACILITIES ENGINEERING DIVISION OVERVIEW/ROLE OF THE CITY:

The Facilities Engineering Division of the Public Works and Utilities Department is responsible for the planning, design and construction of vertical facilities construction projects. At the City of Westminster, this includes space planning, renovations, new builds and overall project management for construction projects.

The Engineering Facilities Management Division has a small project management team of four, who manage on average, approximately 20-25 projects per year. For the duration of the projects, the City is committing one of the Division’s Project Managers to work closely with the Owner’s Representative on each of the fire station projects.

The City’s project managers have managed a variety of government projects of varying size, scope, and complexity over the past few years. Along with the Owner’s Representative, these individuals will be the single point of contact throughout the project and will work closely with the Consultant and other staff as needed, depending on the phase of the project.

Questions regarding staff availability and experience are welcome, if it is helpful in putting together your recommended services and fee proposal. All questions must be submitted through BidNet.

A.5 RFQ ATTACHMENTS:

Exhibit A Sample Construction Design Services Contract Exhibit B Preliminary Station Requirement List Exhibit C Design Deliverable Requirements Exhibit D Entitlement and Permitting Requirements Exhibit E Anticipated Project Timeline Exhibit F Fire Stations Maps

A.6 AWARD TERM:

The fire station projects are anticipated to be completed by the end of 2031. See Exhibit E: Anticipated Project Timeline, for additional details. This timeline is subject to change based on several factors including site selection for Station #7 and the sequence of which fire station project will begin first.

A.7 MANDATORY PRE-SUBMITTAL CONFERENCE:

A MANDATORY pre-submittal conference will be conducted at the date and time listed above in the Schedule of Events on the cover page. The solicitation terms and conditions will be reviewed and discussed. Interested Proposers MUST ATTEND this conference virtually via Microsoft Teams to have their proposals considered responsive.

Microsoft Teams Meeting https://teams.microsoft.com/meet/23725590814143?p=B9h6bIPa9DVdk6MVV3 Meeting ID: 237 255 908 141 43 Passcode: mF9iG3Vf

Or call in (audio only) +1 720-739-8152 United States, Denver Phone Conference ID: 886 918 276#

A.8 ELECTRONIC SUBMISSION OF PROPOSALS AND COMMUNICATION:

The City is using Rocky Mountain E-purchasing System (BidNet®) to advertise and manage formal solicitations. Registration with BidNet® is free and provides access to view posted governmental proposals, with an optional paid notification service.

Submission of all proposals and clarifying questions for this solicitation must be done electronically through BidNet® at https://www.bidnetdirect.com/colorado/cityofwestminster no later than the date and time specified in the Schedule of Events. The City is not responsible for the Proposer's actions or interactions with BidNet® or other third-party services related to this RFP.

For more information or assistance with BidNet®, call 1-800-835-4603, Option 2.

A.9 CLARIFYING QUESTIONS:

The City is not bound by, and Proposers shall not rely on, any oral interpretations or clarifications of this RFP.

All questions must be submitted via BidNet no later than the date and time specified in the Schedule of Events. Responses will be posted on BidNet for public viewing.

Except for pre-proposal meetings or site visits, communication with City personnel outside of the Procurement staff may result in disqualification of the Proposer’s submission.

A.10 ADDENDA:

In the event it becomes necessary to revise, change, modify or cancel this RFP or to provide additional information, addenda will be issued and made available on BidNet®. It is the responsibility of the Proposer to confirm that they have reviewed all addenda related to this solicitation and they have reviewed and complied with the RFP requirements.

https://teams.microsoft.com/meet/23725590814143?p=B9h6bIPa9DVdk6MVV3 https://www.bidnetdirect.com/colorado/cityofwestminster

A.11 PRICING:

All pricing for this solicitation shall be submitted in Phase II by the selected qualified Consultants.

A.12 PAYMENT TERMS:

Progress payments are authorized for this procurement. Payments will be made monthly based on actual hours worked, in accordance with a net 30 payment schedule

A.13 INSURANCE REQUIREMENTS:

The Consultant shall carry the insurance specified in Exhibit A, which is included with this RFQ, and shall submit proof of such insurance when delivering the executed Contract to the City of Westminster.

The City shall be named as an additional insured on the specified liability insurance policies and certificates of insurance. Insurance certificates required for this project shall be sent to the Project Manager, after the proposal has been awarded.

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SECTION B: PROPOSAL SUBMISSION REQUIREMENTS

B.1 GENERAL SUBMISSION INFORMATION:

This section outlines the submittal requirements for all documents and pricing.

Proposers must carefully follow these instructions and provide all requested information in the specified formats.

All proposals must be received by the date and time specified in the Schedule of Events on the cover page. Late submissions will not be considered.

Proposals submitted through BidNet are locked until after the due date. Bidders are encouraged to submit their bids well in advance to allow time for any technical issues, as late bids cannot be accepted by the system.

For assistance with bid submissions, please contact BidNet® at 1-800-835-4603, Option 2.

Proposers unable to submit electronically must submit a written request to the Procurement Analyst by the Question Due Date to receive permission and instructions for submitting a hardcopy bid.

B.2 CHANGES:

The City will not consider change orders or amendments unless they involve a change to the original project scope. Any items necessary for project completion that are not itemized in the proposal must be supplied by the Proposer at no additional cost to the City.

Omissions must be identified by the Proposer and listed as separate line items with pricing for inclusion in the proposal.

The City will not approve increases to the contract or purchase order (in amount or time) for items not included in the proposal.

B.3 MODIFICATIONS TO PROPOSAL:

Proposals submitted early may be modified or withdrawn, subject to the Project Manager’s discretion. Withdrawn proposals may be resubmitted until the deadline for submission of proposals.

Once submitted, a proposal becomes City property. The City shall retain all proposals submitted regardless of whether that proposal is selected in accordance with the

City’s retention policy. Submission of a proposal indicates acceptance by the Proposer of the conditions contained in this RFQ.

B.4 CONTRACT DOCUMENTS:

The City's Sample Contract is provided as Exhibit A of this RFQ. The awarded Consultant will be required to sign a version of the Contract similar to the one in Exhibit A, with modifications to reflect the actual scope of services.

Any exceptions to the Contract terms must be clearly identified and submitted with the proposal as a redlined version of the City’s Contract. These exceptions will be considered during the evaluation of proposals.

The City reserves the right to reject any or all proposed modifications.

B.5 ACCEPTANCE PERIOD:

By responding to this RFQ, Proposers confirm that their proposals are valid from the closing date of the RFQ, through the initial contract term.

B.6 PROPOSAL CONTENTS AND FORMAT:

This proposal will have two phases. Phase I will be Qualifications as outlined below.

Phase II will be INVITE ONLY to the top 3-5 firms.

All qualifications must be submitted electronically in PDF format. The submittals are limited to fifteen (15) pages. 12-point font and standard 1” margins are required. The page limit is not affected by cover pages, resumes, City-required forms, or comments relating to the Sample Professional Services Agreement. The evaluation committee reserves the right to score content within the maximum page limit.

No fees will be requested in Phase I. Fees will only be requested by INVITE ONLY in Phase II.

Proposals should address all items outlined in the SOW and align with the evaluation criteria, including the following:

B.6.a PHASE I – QUALIFICATIONS SUBMITTAL REQUIREMENTS

Qualifications must specifically include the following at a minimum:

All Consultants must submit written evidence of their qualifications in performing the work requested in this solicitation. Successful Consultants will be invited to participate and respond to Phase II of this RFQ/P.

In determining the Consultant's qualifications, the following factors will be considered:

1. Cover Letter with Brief Firm Overview:

a. Please include organizational information including firm name, years in business, locations, services provided, and design philosophy.

b. Identify a single point of contact. Include their name, title, email address and phone number.

c. Provide a concise summary of your firm’s qualifications, what sets it apart, and how these strengths would benefit the City of Westminster

d. Close the letter with the name(s) of person(s) who will be authorized to make representations for the Team, their title(s), and contact information including email and telephone number(s). The signer of the cover letter must declare that the information submitted is in all respects fair and in good faith without collusion of fraud and that the signer of the letter has the authority to bind the Team.

2. Project Experience:

Submit three (3) projects of similar size and scope, with a CM/GC or CMAR delivery method, completed in the last five (5) years. The City is specifically interested in references that showcase experience with fire station projects.

Other projects can focus on public safety, municipal buildings, or similar.

Projects will only be considered relevant if the proposed team members personally worked on them. Clearly identify which projects were completed by which team members. Include the following items:

i. Project location

ii. Project size (square feet)

iii. Original budget and final budget at completion completed construction value

iv. Project construction start and completion date

v. Delivery method

vi. General Contractor utilized on project

vii. Owner contact and telephone number

viii. Owner’s Representative contact with telephone number (if applicable)

ix. Proposed team members involved in the project.

b. Describe how your firm has built trusted, professional relationships with municipal or public safety clients through past projects.

c. Provide at least three (3) examples of how your design and management approach has led to additional opportunities to support a client’s evolving facility needs.

3. Project Team & Staff

a. Identify the primary contact for this project. Include their name, title, email address and phone number.

b. Identify key personnel proposed on this project. Clearly identify lines of authority and communication.

c. Provide an organizational chart and narrative depicting two dedicated project teams, identifying any shared leadership or principal oversight and the discipline-specific support staff assigned to each project. Provide a one-page resume in the appendix for each individual listed on the organization chart. Include all relevant education, certifications, accolades, and relevant project experience.

d. Your firm’s lead architect should provide a description of the project they are most proud of. Include the following items:

i. Their specific role and contributions

ii. Key outcomes or challenges of that project

iii. How the experience has shaped their current design philosophy, workflow, and processes.

4. Management of the Project

a. Please submit a narrative answering the following:

1. Do you agree with the high-level timeline provided in Exhibit E?

2. Summarize any challenges your firm has identified with the City’s preferred project timeline. Include any modifications your firm may suggest for each phase.

3. What role do you, as architect, play in ensuring quality control and constructability prior to handoff to the contractor?

4. How do you manage differing stakeholder priorities (e.g., Fire, Facilities, City leadership, community input) while keeping the project on track?

5. Describe your firm’s communication plan to keep City staff informed during the process of this project.

5. Public Engagement & Collaboration Experience

a. Describe your firm’s approach to Public Engagement.

b. Provide a list of the last three public engagement events you had to organize and disseminate information. Please include the following:

i. Project name

ii. Location

iii. What was the impact on the public

iv. Preparation required (handouts, presentation slides, 3D models)

v. Lessons learned

6. Licenses and Certifications. Proof of valid Colorado Architect’s license and applicable certifications.

7. Insurance. Proof of the Consultant’s insurance coverage (general liability, workers' compensation, etc.).

8. Sample Contract Redlines. (only for firms invited to Phase II)

9. Certificate of Good Standing from the Colorado Secretary of State’s Office.

Successful vendors that are required to furnish a Certificate of Good Standing from the Colorado Secretary of State’s Office, as proof that they are properly registered to do business in the State of Colorado, prior to finalization of award and contracting.

SECTION C: EVALUATION AND AWARD

C.1 EVALUATION OVERVIEW

The City does not discriminate on the grounds of race, religion, color, age, sex, disability, or national origin in consideration of an award. Disadvantaged business enterprises are afforded a full opportunity to submit proposals.

C.2 PROPOSAL EVALUATION ITEMS:

The Selection Committee will perform a preliminary evaluation of each proposal using the following criteria and weighting:

Phase I – Evaluation Criteria

Evaluation Criteria Weight 1 Cover Letter & Firm Overview 10% 2 Project Experience 35% 3 Project Team and Staff 30% 4 Management of the Project 20% 5 Public Engagement & Collaboration Experience 5% Total 100%

C.3 EVALUATION AND SELECTION:

Selection shall be made to the highest scoring Proposer of the evaluation criteria of this RFP and in accordance with Westminster Municipal Code (W.M.C.) Title XV, Chapter 1, Section 15-1-5.

In evaluating proposals, the City shall consider the qualifications of the Proposers, and whether or not the proposals comply with the prescribed requirements. The City reserves the right to reject proposals that do not pass any such evaluation to the City's satisfaction.

C.4 AWARD TYPE:

One award will be made as a result of this RFQ/P. Final award is contingent upon the successful execution of a City Contract.

The City reserves the right to reject the SOQ of any Consultant who does not pass any such evaluation to the City's satisfaction. In evaluating proposals in Phase II of the RFQ/P, the City shall consider the qualifications, the proposed costs of the Consultants’ proposals, and whether or not the proposals comply with the prescribed requirements.

The City reserves the right to award part or all of the proposal.

C.5 NOTICE TO PROCEED:

Work shall not commence until a contract has been fully executed and the Contractor has received a City Purchase Order (PO). A Notice to Proceed is not considered valid unless it is accompanied by a PO.

SECTION D: GENERAL RFP AND CONTRACT INFORMATION

D.1 PAYMENT CONDITIONS:

Payment to the Consultant will be made within 30 days after the completion of services and acceptance of a proper invoice. The City reserves the right to withhold payment if the Consultant fails to comply with the purchase agreement or if services are deemed unsatisfactory by the City's inspection. The City will notify the Consultant promptly of any performance issues so that corrections can be made, if possible, before payment is delayed.

Final payment will not be made if the work is found incomplete or does not meet the agreed-upon specifications, including authorized changes. The Contractor must correct or complete any deficiencies before receiving final payment.

Under no circumstances will payment be made for work not authorized by the City, as evidenced by a Purchase Order.

D.2 RFP CONDITIONS AND PROVISIONS:

1. Submission: Proposals (including all required attachments) must be submitted electronically via the Rocky Mountain E-purchasing System (BidNet®).

2. Compliance: All Proposers must comply with the conditions, requirements, and instructions outlined in this RFP. If there are any omissions or conflicts in the instructions, the Proposer must seek written clarification from the Procurement Manager at least forty-eight (48) hours before the proposal opening.

3. Typographical Errors: Errors in proposal pricing may result in the loss of contract award.

4. Proposal Completeness: All requested information must be provided. Failure to submit complete information may result in disqualification.

5. City’s Discretion: The City reserves the right to postpone, cancel, or reject all proposals if deemed in the City’s best interest.

6. Pricing: Unit prices must be provided for each item. In case of discrepancies in price extensions, the unit price will govern.

7. Waiver of Errors: The Procurement Manager reserves the right to waive minor errors or omissions and to reject any or all proposals, or to award a contract in part or whole, if in the City’s best interest.

8. Compliance with Specifications: The Consultant must comply with all terms, conditions, and specifications of this RFP. The City reserves the right to inspect the Consultant’s facilities and equipment to ensure compliance.

9. Eligibility: Proposals from entities in arrears to the City, or failing to meet required legal or regulatory compliance, will not be accepted. Proposers may be asked to demonstrate the necessary knowledge and financial capacity to perform the work.

10. Legal Compliance: The Proposer agrees to abide by all applicable laws, regulations, and ordinances of the United States, State of Colorado, and City of Westminster, securing all necessary licenses and permits.

11. Standards Compliance: All materials, supplies, equipment, and services provided must meet all applicable federal, state, and local codes.

12. Formal Contract: A formal contract will be prepared by the City, and the Consultant must sign and submit required insurance and documentation within ten (10) days (or as otherwise specified) from receipt of the contract.

13. No Liability for Costs: The City will not be liable for any costs incurred by the Proposer in the preparation of proposals or in connection with work performed prior to the contract’s execution.

14. Permits and Fees: The Consultant is responsible for procuring necessary permits, paying taxes, and complying with all associated fees. All costs should be included in the proposal price.

15. Tax Exemption: The City is exempt from City, State, and Federal sales/excise taxes.

Tax exemption certificates will be provided upon request.

D.3 PROTESTS:

This policy does not apply if all proposals are rejected or if the solicitation is cancelled without an award.

1. Right to Protest: Any Proposer or vendor who feels wronged (referred to as the

"aggrieved party") regarding the solicitation or contract award can protest to the Westminster Procurement Manager, Aran Raz, at araz@westminsterco.gov.

2. Timing of Protests:

a. Pre-Award: If the aggrieved party has concerns about the proposal specifications before the proposal opening date, they must submit their protest at least three (3) business days before that date. The aggrieved party must show that there’s a problem with the specifications. Late protests shall not be accepted.

b. Post Award. If the aggrieved party believes the award process didn’t follow the City’s Procurement rules, they must submit a protest within ten (10) business days after the intent to award is published on Rocky Mountain E- Purchasing System (Bidnet). The aggrieved party must show that the rules were not followed. Late protests shall not be accepted.

c. All protests must be made in writing to the Westminster Procurement Manager, Aran Raz, at araz@westminsterco.gov.

3. Written protest must include:

a. Name, address, and telephone number of the aggrieved party

b. RFP number and date of procurement

c. A clear explanation of the issues.

d. Any evidence or documents that support your protest

e. A detailed explanation of why you believe you are aggrieved.

4. Decision Authority: The Procurement Manager will review and decide on the protest within ten (10) business days of receiving it. The decision will address the issues raised and will be final.

Award Delay: If a protest is filed, the Procurement Manager may choose to delay the award until the protest is resolved.

D.4 GRATUITIES AND KICKBACKS:

It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee (within six months of termination from City employment), to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding of application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore.

It shall be a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a Subcontractor under a contract to the prime Contractor or higher tier Subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.

In the event that any gratuities or kickbacks are offered or tendered to any City of Westminster employee, the proposal shall be disqualified and shall not be reinstated.

D.5 NON-COLLUSIVE PROPOSER CERTIFICATION:

By the submission of this proposal, the Proposer certifies that:

1. The proposal has been arrived at by the Proposer independently and has been submitted without collusion with any other Proposer.

2. The contents of the proposal have not been communicated by the Proposer, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the Proposer or its surety on any bond furnished herewith, and will not be communicated to any such person prior to the official opening of the proposal.

3. No Proposer shall submit more than one proposal for this purchase. It shall be the responsibility of each Proposer to obtain the prior written permission of the Procurement Manager before proposal opening in every situation in which the Proposer, due to corporate association or other affiliation, may be found to be impermissibly associated with another Proposer. Failure to observe this requirement could result in all such affiliated proposals being rejected.

4. Any proposer with multiple submissions, shall only have the last proposal considered to accommodate technical difficulty deleting a previous submission.

D.6 DISCLOSURE OF CONTENTS OF PROPOSALS:

The contents of all proposals become a matter of public record and a “Record” under the Colorado Open Records Act, § 24-72-201, et seq., C.R.S. (“CORA”). Upon request to the City, the disclosure of Records is mandatory, with the exception of those Records under CORA which are excluded from disclosure sometimes identified as business or trade secrets or proprietary matters (“Protected Items”). Protected Items so marked may not be disclosed unless disclosure is otherwise required under CORA. If a request is made under CORA for Records, the City will use reasonable efforts to notify the Proposer of the request, and it will be the responsibility of the Proposer to appropriately redact Protected Items from its submittal to the City. If a Proposer does not respond to the City to redact Protected Items as requested all Records may be disclosed by the City. If necessary, a Proposer shall seek a court order to protect their Protected Items, and will defend, indemnify, and hold harmless the City from any claim or action related to the City’s withholding of Protected Items