biddoc.pdf

REQUEST FOR PROPOSAL (RFP)

Design-Build Fiber Optic Network Extension to Standley Lake

Solicitation No. RFP-ITX-26-608

SCHEDULE OF EVENTS

RFP Advertisement 9/2/2026

Pre-Proposal 9/15/2026 1:00 PM MST

Deadline to Submit Questions 9/21/2026 9:00 AM MST

Response to Questions 9/25/2026

Proposal Due Date 10/8/2026 9:00 AM MST

Evaluation 10/12/2026 – 10/23/2026

Procurement official: Jesse Sitzman, Senior Procurement Analyst Email: jsitzman@westminsterco.gov

Authorized Communications. From the date of issuance of this Solicitation until award, all communications regarding this Solicitation shall be directed only through BidNet and to the

Procurement official listed on the cover page, unless otherwise authorized by the City.

Communication with other City personnel regarding this Solicitation may result in disqualification, in the City’s sole discretion.

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

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Table of Contents

A.RFP OVERVIEW AND PROJECT REQUIREMENTS 4

A.1.INTRODUCTION: 4

A.2.PROJECT DESCRIPTION 4

A.3.SCOPE OF WORK/ REQUIREMENTS 4

A.4.RFP ATTACHMENTS: 4

A.5.WORK SCHEDULE 4

A.6.RECOMMENDED SITE VISIT: 4

A.7.ELECTRONIC SUBMISSION OF PROPOSALS AND COMMUNICATION: 5

A.8.CLARIFYING QUESTIONS: 5

A.9.ADDENDA: 5

A.10.PRICING: 6

A.11.INSURANCE REQUIREMENTS: 6

A.12.SITE INVESTIGATION AND VERIFICATION: 6

A.13.RISK ALLOCATION AND COMPLETENESS OF WORK: 6

A.14.BID BOND: 6

A.15.PAYMENT AND PERFORMANCE BONDS: 6

A.16.LIQUIDATED DAMAGES: 7

B.PROPOSAL SUBMISSION REQUIREMENTS 8

B.1.GENERAL SUBMISSION INFORMATION: 8

B.2.CHANGES: 8

B.3.MODIFICATIONS TO PROPOSAL: 8

B.4.CONTRACT DOCUMENTS: 8

B.5.ACCEPTANCE PERIOD: 8

B.6.PROPOSAL CONTENTS AND FORMAT: 9

C.EVALUATION AND AWARD 11

C.1.EVALUATION OVERVIEW 11

C.2.PROPOSAL EVALUATION ITEMS: 11

C.3.EVALUATION AND SELECTION: 11

C.4.AWARD TYPE: 11

C.5.NOTICE TO PROCEED: 12

D.GENERAL RFP AND CONTRACT INFORMATION 13

D.1.PAYMENT CONDITIONS: 13

D.2.RFP CONDITIONS AND PROVISIONS: 13

D.4.GRATUITIES AND KICKBACKS: 15

D.5.NON-COLLUSIVE PROPOSER CERTIFICATION: 15

D.6.DISCLOSURE OF CONTENTS OF PROPOSALS: 16

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A.RFP OVERVIEW AND PROJECT REQUIREMENTS

A.1.INTRODUCTION:

The City of Westminster (“City”) is seeking a qualified design-build contractor (“Design- Builder”) to provide integrated engineering, design, permitting coordination, construction, installation, testing, commissioning, documentation, and closeout services for the Fiber to Standley Lake Project.

A.2.PROJECT DESCRIPTION

The City of Westminster is soliciting for qualified fiber optic infrastructure contractors to furnish all labor, supervision, materials, equipment, tools, boring, trenching, conduit, fiber placement, splicing, testing, documentation, permitting coordination, traffic control, restoration, and incidentals necessary to complete the Standley Lake fiber infrastructure project described in this RFP.

The detailed Scope of Work is attached as Exhibit C

A.3.SCOPE OF WORK/ REQUIREMENTS

The Scope of Work (SOW) is attached as Exhibit C to this RFP.

A.4.RFP ATTACHMENTS:

Exhibit A Sample Construction Contract Exhibit B Construction Contract – General Terms and Conditions Exhibit C Scope of Work Exhibit D Standley Lake Locations Exhibit E Vendor Questionnaire Exhibit F Fee Schedule

A.5.WORK SCHEDULE

All work on City property shall be done during regular working hours on regular working days (Saturdays, Sundays and Holidays excepted) or as follows:

1. Any excessively noisy work or other work which might disturb procedure at City Building shall be rescheduled through the Project Manager or Building Superintendent.

If a Contractor must work overtime, on City property, in order to meet required completion dates, they shall get advance approval from the agency involved, and hours of work shall be agreed upon.

A.6.RECOMMENDED SITE VISIT:

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Interested Proposers are encouraged to participate in the walk-through inspection of the site(s) conducted by City personnel to familiarize themselves with any conditions which may affect performance and proposed prices.

Proposers shall meet at the date and time noted in the Schedule of Events on the cover page at the following location:

Standley Lake Ranger Station on Eagle Drive 11610 W 100th Ave. Westminster, CO 80021

Please contact Jon Lawrence at 983-218-7796 on the date of the site inspection if you have any trouble finding the location.

A.7.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.8.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.9.ADDENDA:

If it becomes necessary to revise, clarify, supplement, or cancel any part of this solicitation, the City will issue written addenda through BidNet. It is each Respondent’s responsibility to verify receipt of and compliance with all addenda.

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A.10.PRICING:

Fee schedules shall be submitted as a lump-sum base bid, together with any alternates, allowances, or unit prices specifically identified in Exhibit F Fee Schedule.

A.11.INSURANCE REQUIREMENTS:

The Contractor shall carry the insurance specified in Exhibit A, Sample Construction Contract, which is included with this RFP, 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.

If the services involve professional or design work, the Contractor shall also carry Professional Liability (Errors & Omissions) insurance with minimum limits stated in Exhibit A, maintained for the applicable Colorado statute-of-repose period. Where the services involve City data or systems, Cyber / Network Security and Privacy Liability coverage may also be required.

A.12.SITE INVESTIGATION AND VERIFICATION:

The Proposer represents that it has visited the site, become familiar with local conditions, and correlated its observations with the requirements of the contract documents. Failure to examine the site or become familiar with conditions shall not relieve the Contractor of responsibility for properly estimating the cost and difficulty of the Work, except as otherwise provided for differing site conditions.

A.13.RISK ALLOCATION AND COMPLETENESS OF WORK:

The Contractor shall provide all labor, materials, equipment, and incidentals necessary to complete a fully functional and operational project consistent with the intent of the contract documents, including all items reasonably inferable as necessary to produce the intended result. The Contractor shall not be responsible for material errors, omissions, or conflicts in the plans and specifications, or for differing site conditions, that could not have been reasonably identified by a prudent contractor prior to bid submission; in such cases the City may issue a change order in accordance with the Contract.

A.14.BID BOND:

Each Proposer must submit a Bid Bond equal to 5% of the total proposed price, issued by a surety authorized in Colorado and listed on the U.S. Department of the Treasury’s approved list. The Bid Bond guarantees that the Proposer will enter into a contract and provide the required Performance and Payment Bonds if selected. Failure to submit a valid Bid Bond may result in rejection.

A.15.PAYMENT AND PERFORMANCE BONDS:

Upon award, the Contractor must provide both a Performance Bond and a Payment Bond, each equal to 100% of the total contract price, within 10 business days after contract execution. Bonds must be executed by a surety authorized in Colorado, listed on the U.S.

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Department of the Treasury’s approved list, and rated at least “A-” by A.M. Best or an equivalent agency, in forms approved by the City’s legal department.

A.16.LIQUIDATED DAMAGES:

As liquidated damages and not as a penalty, the Contractor shall pay the City $200.00 for each calendar day the Work remains incomplete after the specified completion date, until substantial completion. The parties agree this amount is a reasonable estimate of the City’s likely delay damages, which are difficult to determine. The City may withhold liquidated damages from any payment otherwise due to the Contractor.

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B.PROPOSAL SUBMISSION REQUIREMENTS

B.1.GENERAL SUBMISSION INFORMATION:

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. Proposers are encouraged to submit their proposals well in advance to allow time for any technical issues, as late proposals will not be accepted by the system.

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

B.2.CHANGES:

Proposers shall include all costs necessary to provide a complete project. Items required by the scope but omitted from the proposal are deemed included in the proposal price. The City will not approve change orders for work clearly required by the scope. Change orders are reserved for City-directed changes to scope.

B.3.MODIFICATIONS TO PROPOSAL:

No proposal may be modified or withdrawn after the submission deadline. If a firm submits more than one proposal, only the last submission will be considered.

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 RFP.

B.4.CONTRACT DOCUMENTS:

The City's Sample Contract is provided as Exhibit A of this RFP. The awarded Contractor 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 should be submitted as questions by the Question Due Date.

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

B.5.ACCEPTANCE PERIOD:

By responding to this RFP, Proposers shall remain firm for 90 days from the proposal due date.

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B.6.PROPOSAL CONTENTS AND FORMAT:

Proposals must be in Microsoft Word or an original PDF (not a scanned copy).

Pricing must be submitted in the Microsoft Excel sheet provided, Exhibit F. Pricing added anywhere else in your proposal may be deemed non-responsive.

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

1. Vendor Questionnaire (Exhibit E). Complete all sections of the vendor questionnaire.

Do not include pricing anywhere in your proposal.

2. Experience and References. At least three comparable projects, in scope and cost, completed within the last five years. Including a valid contact name, phone, email and project description.

a. Project experience in the Colorado region for design projects of similar size, scope, and complexity.

b. Proposers will be evaluated on relevance, quality of work, timeliness, and customer satisfaction.

c. The City reserves the right to visit sites to verify information provided or to gain a better understanding of the Proposer’s capabilities.

3. Project Cost and fee schedule. Total fee shall include all costs and expenses.

a. complete the attached Excel spreadsheet (Exhibit F). Do not alter the spreadsheet in anyway, do not include pricing in proposal.

The cost schedule should address all requirements set forth in the SOW as well as any other items pertinent to your proposal pricing such as additional discounts for increased quantities, etc. The requirements have been developed to allow the City to uniformly evaluate prices submitted for the work.

Unit price for each item proposed on, shall be shown and shall be for the unit of measurement indicated. In case of error in extension of prices, the unit price will govern.

4. Licenses and Certifications. Proof of valid Colorado contractor’s license and applicable certifications.

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

6. Sample Contract Redlines. (if applicable)

7. 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

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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.

8.Subcontractor List. Proposers must demonstrate to the City's satisfaction the reliability and responsibility of any proposed subcontractors based on the criteria outlined in these Instructions and Proposal Requirements. Prior to contract award, the City will notify the Proposer in writing if there are reasonable objections to any proposed subcontractors.

In such cases, the Proposer may:

a. Withdraw its proposal, or

b. Submit an acceptable substitute subcontractor with an adjusted proposal to account for any cost differences. The City may, at its discretion, accept the adjusted proposal.

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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:

C.3.EVALUATION AND SELECTION:

Selection shall be made to the highest scoring Proposer of all evaluation criteria of this RFP to determine the best value to the City.

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 and in accordance with Westminster Municipal Code (W.M.C.) Title XV, Chapter 1, Section 15-1-5.

C.4.AWARD TYPE:

Final award as a result of this RFP is contingent upon the successful execution of a City Contract.

One award will be made on an "all or none" basis. Prices must be shown for each item listed.

Proposals submitted without individual item prices listed will be considered as non-responsive and rejected.

Evaluation Criteria Weight

1 Firm Experience & Past Performance 15

2 Design-Build Technical Approach 25

3 Project Team & Key Personnel 15

4 Project Management, Schedule & Coordination 15

5 Quality Assurance, Fiber Testing & Safety 10

6 Cost Proposal 20

Total 100

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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 invalid unless it is accompanied by a PO.

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D.GENERAL RFP AND CONTRACT INFORMATION

D.1.PAYMENT CONDITIONS:

Payment to the Contractor 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 Contractor fails to comply with the purchase agreement or if services are deemed unsatisfactory by the City's inspection. The City will notify the Contractor 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 Contractor must comply with all terms, conditions, and specifications of this RFP. The City reserves the right to inspect the Contractor’s facilities and equipment to ensure compliance.

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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 Contractor 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 Contractor 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).

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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.

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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.

5. Conflict of Interest Disclosure. Each Proposer shall disclose in its proposal any actual, potential, or perceived conflict of interest, including any current or prior relationship with the City, its officials, or employees, that could affect the Proposer's objectivity or the integrity of the selection process. Failure to disclose a known conflict may result in disqualification.

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.

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