biddoc.pdf

INVITATION FOR BID (IFB)

LOWELL WATERLINE AND 92ND AVE INTERSECTION IMPROVEMENTS AND

SUNSET OPEN SPACE SANITARY SEWER IMPROVEMENTS

Solicitation No. IFB-PWU-26-659

SCHEDULE OF EVENTS

IFB Advertisement September 28, 2026 Mandatory Pre-Bid Conference October 6, 2026 11:00 AM MST Deadline to Submit Questions October 12, 2026 4:00 PM MST Response to Questions October 16, 2026 4:00 PM MST Bid Due Date October 30, 2026 4:00 PM MST Bid Opening November 6, 2026 4:00 PM MST

The party submitting a bid, hereinafter referred to as the Bidder, 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: IFB OVERVIEW AND PROJECT REQUIREMENTS

A.1 INTRODUCTION:

A.2 PROJECT DESCRIPTION

A.3 SCOPE OF WORK/ REQUIREMENTS

A.4 IFB ATTACHMENTS:

A.5 WORK SCHEDULE

A.6 MANDATORY PRE-BID CONFERENCE AND SITE VISIT:

A.7 ELECTRONIC SUBMISSION OF BIDS AND COMMUNICATION:

A.8 CLARIFYING QUESTIONS:

A.9 ADDENDA:

A.10 PRICING:

A.11 PAYMENT TERMS:

A.12 INSURANCE REQUIREMENTS:

A.13 BID BOND REQUIREMENTS:

A.14 PAYMENT AND PERFORMANCE BONDS:

A.15 LIQUIDATED DAMAGES

A.16 REGISTRATION WITH THE COLORADO SECRETARY OF STATE:

SECTION B: BID SUBMISSION REQUIREMENTS

B.1 BID SUBMISSION INSTRUCTIONS:

B.2 CHANGES:

B.3 MODIFICATION AND WITHDRAWAL OF BID:

B.4 CONTRACT DOCUMENTS:

B.5 ACCEPTANCE PERIOD:

B.6 BID CONTENTS AND FORMAT:

SECTION C: BID OPENING AND AWARD

C.1 BID OPENING

C.2 AWARD CRITERIA:

C.3 AWARD TYPE:

C.4 NOTICE TO PROCEED:

SECTION D: GENERAL IFB INFORMATION & PROVISIONS

D.1 PAYMENT CONDITIONS:

D.2 IFB CONDITIONS AND PROVISIONS:

D.4 GRATUITIES AND KICKBACKS:

D.5 NON-COLLUSIVE BIDDER CERTIFICATION:

D.6 DISCLOSURE OF CONTENTS OF BIDS:

SECTION A: IFB OVERVIEW AND PROJECT REQUIREMENTS

A.1 INTRODUCTION:

The City of Westminster, hereinafter referred to as the City, is inviting qualified contractors, selected under previous Request for Qualifications (RFQ-PWU-26-659) to submit bids for construction to:

1. Replace the 24-in transmission waterline in Lowell from 97th Ave to 88th Ave.;

2. Construct a new 8-in waterline between 92nd Ave and 88th Ave.;

3. Build a new sanitary sewer along Sunset open space with work in the intersection of 80th and Tennyson;

4. Transportation improvements to the 92nd Ave and Lowell intersection.

This IFB outlines the scope of work, requirements, and conditions for bidding. The successful Bidder, hereinafter referred to as the Contractor, will enter into a contract with the City for the completion of the work outlined herein.

The pre-qualified are: BT Construction, T. Lowell Construction, American West Construction, HEI Civil, and Native Sun Construction.

The City’s detailed Contract Documents and Requirements are attached separately.

A.2 PROJECT DESCRIPTION

The project includes the following:

A. The Work is located in the City of Westminster, Colorado. There are two separate project locations:

1. Volume 1 – Lowell Waterline project area extends from the existing water tank site adjacent to 97th Avenue, northeast/east through Squires Park into the Lowell Avenue right-of-way and continuing southward through the 92nd intersection and ending just north of 88th Avenue. The 92nd Intersection Improvements will extend beyond the curb returns east and west of Lowell Boulevard.

2. Volume 2 – Sunset Open Space Sanitary Sewer Improvements project area extends from the intersection of 80th Avenue and Tennyson Street, southward through the Sunset Open Space/Park to the 78th Avenue Cul-de-sac, and then southwest across the BNSF right-of-way, and into Wolff Run Park.

B. Work to be performed under this Contract includes, but is not limited to:

Volume 1 – Lowell Waterline and 92nd Intersection Improvements. The project will install, modify, and replace the City’s existing transmission and distribution waterline lines in the Lowell corridor to the extent shown on the drawings. Project includes providing all material, labor, equipment and means to perform the work. Some of the required items are summarized below:

• Furnish and install approximately 7,900 lineal feet (LF) of 24-in PVC transmission waterline, butterfly valves, and connection/valve vaults

• Furnish and install approximately 2,750 LF of 18/12/8/6-in PVC/DI distribution waterline, valves, laterals, and connections

• 120 LF of trenchless installation across 92nd Avenue

• Temporary water service to affected customers

• Disinfection and commissioning of installed waterline

• Lowell Boulevard Mill and Overlay

• Reconstruction of existing traffic signal at intersection of 92nd Ave. and Lowell

Blvd.

• Maintaining full access through the Lowell/92nd Intersection at all times

• Furnish and install approximately 90 LF of 12-in PVC sanitary gravity sewer in the Lowell/92nd Intersection, including 2 Spectrashield lined manholes

• Waterline and sewer abandonment

• Bypass pumping of sanitary sewer

Volume 2 – Sunset Open Space Sanitary Sewer Improvements. The project will install, modify, and replace the City’s existing sanitary sewer in the Sunset Open Space, across BNSF ROW, and into Wolff Run Park to the extent shown on the drawings.

Project includes providing all material, labor, equipment and means to perform the work. Some of the required items are summarized below:

• Furnish and install approximately 1,200 LF of 21-in PVC sanitary gravity sewer

• Furnish and install 10 manholes

• Spectrashield lining of all installed manholes

• Abandonment of approximately 2,200 LF of existing sanitary sewer

• Potholing FO utilities (x2) in BNSF ROW (permit pending)

• 110 LF of trenchless installation of casing and carrier across 80th Avenue

• 164 LF of trenchless installation of casing and carrier across the Sunset Park

(78th Avenue)

• 344 LF of trenchless installation of casing and carrier across the BNSF ROW, Shaw Heights Tributary, and Wolff Run Park.

• Dewatering of bore pits is anticipated, including haul and disposal to Metro.

• Softscape restoration.

• Asphalt and concrete removal and replacement

• Bypass pumping of sanitary sewer

Location: Lowell Blvd. between Squires Park and 88th Ave. and Sunset Open Space Estimated Duration: Eighteen (18) months Completion Deadline: August 2028

A.3 SCOPE OF WORK/ REQUIREMENTS

The Contract Documents are separate attachments to this IFB.

A.4 IFB ATTACHMENTS:

Exhibit A Sample Construction Contract Exhibit B General Conditions Exhibit C Contract Drawings - Volume 1 - Lowell Waterline and 92nd

Intersection Improvements Exhibit D Contract Drawings - Volume 2 - Sunset Open Space Sanitary

Sewer Improvements Exhibit E Contract Specifications Exhibit F Geotechnical Baseline Report – Lowell Waterline Exhibit G Geotechnical Data Report – Lowell Waterline Exhibit H Geotechnical Interpretative Report – Lowell Waterline Exhibit I Geotechnical Baseline Report – Sunset Sanitary Exhibit J Geotechnical Data Report – Sunset Sanitary Exhibit K Geotechnical Interpretative Report – Sunset Sanitary Exhibit L Bid Form

A.5 WORK SCHEDULE

All work on City property shall be done during regular working hours of up to 10 working hours between 7:00 a.m. and 5:00 p.m., on a regularly scheduled basis, excluding Saturdays, Sundays, and holidays.

1. Any excessively noisy work or other work which might disturb the public shall be rescheduled through the Project Manager or Resident Project Representative.

If a Contractor must work overtime in order to meet required completion dates, they shall get advance approval from the City, Engineer and Resident Project Representative, and hours of work shall be agreed upon.

A.6 MANDATORY PRE-BID CONFERENCE AND SITE VISIT:

A MANDATORY pre-bid conference and site visit 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 Bidders MUST ATTEND this conference to have their bids considered responsive. The Pre-Bid Conference will be held at the address listed below with the site visit following immediately after.

In-Person Meeting Location Location: Semper Water Treatment Facility Address: 8900 Pierce St., Westminster, CO 80031

Please contact Rudy Archuleta at 303.658.2179 or rarchule@westminsterco.gov Joseph Lammers at 303.658. jlammers@westminsterco.gov on the date of the site inspection if you have any trouble finding the location.

Bids submitted by firms that did not have a representative at the mandatory pre-bid will be considered non-responsive.

A.7 ELECTRONIC SUBMISSION OF BIDS 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 bids 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 IFB.

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 bidders shall not rely on, any oral interpretations or clarifications of this IFB.

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-bid meetings or site visits, communication with City personnel outside of the Procurement staff may result in disqualification of the Bidder’s submission.

mailto:rarchule@westminsterco.gov mailto:jlammers@westminsterco.gov https://www.bidnetdirect.com/colorado/cityofwestminster

A.9 ADDENDA:

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

A.10 PRICING:

All prices quoted shall be Lump-Sum. Unit price for each line 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.

A.11 PAYMENT TERMS:

Progress payments may be authorized in this procurement and shall be negotiated with Contractor.

A.12 INSURANCE REQUIREMENTS:

The Contractor shall carry the insurance specified in Exhibit A, Sample Construction Contract, which is included with this IFB, 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 bid has been awarded.

A.13 BID BOND REQUIREMENTS:

Each Bidder must submit a Bid Bond as part of their Proposal, equal to 5% of the total bid price, issued by a surety company authorized in Colorado. The Bond guarantees that the Bidder will enter into a contract and provide the required Performance and Payment Bonds if awarded the contract. If the Bidder withdraws, fails to contract, or provide the required bonds within the specified time, the City may claim the full Bid Bond as liquidated damages. The City may waive this requirement for certain bidders, as noted in the Bid Documents. The Bid Bond must be submitted on a standard form, executed by a qualified surety company listed on the U.S. Department of the Treasury’s approved list. Failure to submit a valid Bid Bond may result in disqualification of the Proposal.

A.14 PAYMENT AND PERFORMANCE BONDS:

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

Department of the Treasury's approved list, and rated at least "A-" by A.M. Best or an equivalent agency. If the required bonds are not provided within the specified time, the City may rescind the contract award, forfeit the Bid Bond as liquidated damages, and award the contract to the next qualified Bidder.

Both bonds shall remain in effect pursuant to the terms of the general terms and conditions of the Agreement. Claims against the bonds may be pursued directly against the surety or require the Contractor to address any deficiencies, with the Contractor and surety liable for any resulting costs or damages. The bonds must be in forms approved by the City’s legal department.

A.15 LIQUIDATED DAMAGES

The City and the Contractor acknowledge that timely completion of the Work is critical to the success of this Construction Contract, and that the City will incur financial losses if the Work is not substantially completed within the time specified in the Contract Documents, plus any extensions granted by the City through written Change Order.

The parties further recognize the difficulties in determining and proving the actual financial loss to the City in the event of delay. Therefore, in lieu of such proof, the City and Contractor agree that, as liquidated damages (and not as a penalty), the Contractor shall pay the City $1,000 for each calendar day the Work remains incomplete after the specified completion date, until the Work is substantially completed. The parties agree that this amount represents a reasonable estimate of the City's likely damages due to delay. If the Contractor fails to pay these liquidated damages upon demand, the Surety under the Performance Bond shall be liable for payment. Additionally, the City may withhold the liquidated damages from any payment otherwise due to the Contractor under this Contract.

A.16 REGISTRATION WITH THE COLORADO SECRETARY OF STATE:

Bidders shall be 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.

The remainder of this page was intentionally left blank

SECTION B: BID SUBMISSION REQUIREMENTS

B.1 BID SUBMISSION INSTRUCTIONS:

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

Bids 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.

Bidders 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 Bidder at no additional cost to the City.

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

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

B.3 MODIFICATION AND WITHDRAWAL OF BID:

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

Once submitted, a bid becomes City property. The City shall retain all bids submitted regardless of whether that bid is selected in accordance with the City’s retention policy. Submission of a bid indicates acceptance by the bidder of the conditions contained in this IFB.

B.4 CONTRACT DOCUMENTS:

The City's Sample Contract is provided as Exhibit A of this IFB. 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 must be clearly identified and submitted with the bid as a redlined version of the City’s Contract. These exceptions will be considered during the evaluation of bids.

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

B.5 ACCEPTANCE PERIOD:

By responding to this IFB, Bidders confirm that their bids are valid from the closing date of the IFB, through the initial contract term.

B.6 BID CONTENTS AND FORMAT:

All bids must be in either Microsoft Word, an original PDF, or Excel.

Bids must specifically include the following, at a minimum and must be submitted electronically:

1. Bidder’s itemized cost schedule. Total fee shall include all costs and expenses using Attached Exhibit L Bid Form.

The cost schedule should address all requirements set forth in Section B as well as any other items pertinent to your bid 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.

a. Key Personnel. Provide key personnel who will be placed on this project, along with resumes, showing compliance with the Key Personnel Experience requirements in the RFQ (RFQ-PWU-26-659). Minimum requirements include:

a. For the Superintendent, a minimum of ten (10) years of similar utility construction experience, including direct field supervision of projects similar in scope and complexity.

b. For the Project Manager, a minimum of seven (7) years of similar utility construction management experience, including responsibility for project budgeting, scheduling, subcontractor coordination, and owner communication.

c. For the Quality Control Manager, experience administering quality control programs for municipal water and wastewater infrastructure projects.

d. Contractor shall identify the trenchless supervisor and provide experience demonstrating compliance with trenchless qualification requirements.

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

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

4. Schedule. Include a detailed project timeline, including key milestones.

5. Bid Bond in the amount of 5% of the total bid price, issued by a surety authorized to do business in Colorado.

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 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.

9. Subcontractor List. Bidders 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.

SECTION C: BID OPENING AND AWARD

C.1 BID OPENING

A virtual bid opening to occur via Microsoft Teams, at the time specified in the Schedule of events, by clicking the link below or calling into the phone number below:

Microsoft Teams Need help?

Join the meeting now Meeting ID: 277 903 060 891 44 Passcode: ug3SR3M9

Dial in by phone +1 720-739-8152,,353472741# United States, Denver Find a local number Phone conference ID: 353 472 741# For organizers: Meeting options | Reset dial-in PIN

C.2 AWARD CRITERIA:

Awards will be made to the lowest responsive and responsible bidder in accordance with Westminster Municipal Code (W.M.C.) Title XV, Chapter 1, Section 15-1-5.

The criteria to be used for the bid evaluation includes but is not limited to:

1. Bidder’s qualifications and resources to perform the work.

2. Compliance with bid submission requirements.

3. Bid amount (lowest bid may not always be selected).

4. Proposed project timeline.

5. Ability to meet bonding and insurance requirements.

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 bids.

https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODhjNDdkMTgtNTQ4ZS00YzM3LWExOTEtMzliY2U4YmFiNGU4%40thread.v2/0?context=%7b%22Tid%22%3a%22f94ebb71-3556-4624-9547-b725ee971c94%22%2c%22Oid%22%3a%2217bcfc52-fad9-401c-aaf4-a2f1f2536f59%22%7d tel:+17207398152,,353472741 https://dialin.teams.microsoft.com/77747cee-d5df-416b-9b35-5fd3cb883e86?id=353472741 https://teams.microsoft.com/meetingOptions/?organizerId=17bcfc52-fad9-401c-aaf4-a2f1f2536f59&tenantId=f94ebb71-3556-4624-9547-b725ee971c94&threadId=19_meeting_ODhjNDdkMTgtNTQ4ZS00YzM3LWExOTEtMzliY2U4YmFiNGU4@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

C.3 AWARD TYPE:

Any award as a result of this IFB shall be contingent upon the execution of a City Contract.

One award will be made on an "all or none" basis. Prices must be shown for each item listed. Bids submitted without individual item prices listed will be considered as non-responsive and rejected.

C.4 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 IFB INFORMATION & PROVISIONS

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 IFB CONDITIONS AND PROVISIONS:

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

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

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

4. Bid 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 bids 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. Omissions: Failure to specify manufacturer’s brand, code, or style as requested may result in rejection of the bid if deemed in the City’s best interest.

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

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

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

11. Legal Compliance: The bidder 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.

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

13. 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.

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

15. 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 bid price.

16. 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 bids are rejected or if the solicitation is cancelled without an award.

1. Right to Protest: Any bidder 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 bid specifications before the bid 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 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. IFB 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 bid 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 bid shall be disqualified and shall not be reinstated.

D.5 NON-COLLUSIVE BIDDER CERTIFICATION:

By the submission of this bid, the bidder certifies that:

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

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

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

D.6 DISCLOSURE OF CONTENTS OF BIDS:

The contents of all bids 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 bidder of the request, and it will be the responsibility of the bidder to appropriately redact Protected Items from its submittal to the City. If a bidder does not respond to the City to redact Protected Items as requested all Records may be disclosed by the City. If necessary, a bidder 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.