Briggs Greenhouse Improvements_IFB-PRL-25-571 Final.pdf

INVITATION FOR BID

City Greenhouse Structural repairs and re-siding

Solicitation No. IFB-PRL-25-571

SCHEDULE OF EVENTS

IFB Advertisement 04/30/2025 Pre-Bid Conference 05/08/2025 1:00PM MST Deadline to Submit Questions 05/16/2025 4:00 PM MST Response to Questions 05/20/2025 4:00 PM MST Bid Due Date/ Bid Opening 05/28/2025 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: GENERAL INFORMATION & IFB INSTRUCTIONS

A.1 PURPOSE:

A.2 ROCKY MOUNTAIN E-PURCHASING (BidNet®):

A.3 ELECTRONIC SUBMISSION OF BIDS:

A.4 IFB ATTACHMENTS:

A.5 PRE-BID CONFERENCE:

A.6 CLARIFYING QUESTIONS:

A.7 ADDENDA:

A.8 ALTERNATE APPROACH AND PRICING:

A.9 ACCEPTANCE PERIOD:

A.10 BID OPENING

A.11 EVALUATION AND AWARD:

A.12 AWARD TYPE:

A.13 PAYMENT CONDITIONS AND NOTICE TO PROCEED:

A.14 TECHNICAL REQUIREMENTS/STATEMENT OF WORK:

A.15 CONTRACT DOCUMENTS:

A.16 IFB CONDITIONS AND PROVISIONS:

A.17 GRATUITIES AND KICKBACKS:

A.18 NON-COLLUSIVE BIDDER CERTIFICATION:

A.19 DISCLOSURE OF CONTENTS OF BIDS:

A.20 REGISTRATION WITH THE COLORADO SECRETARY OF STATE:

A.21 COOPERATIVE PURCHASING:

SECTION B: PROJECT SPECIFIC REQUIREMENTS AND TERMS

B.1 SCOPE OF WORK/ REQUIREMENTS

B.2 TERM:

B.3 PRICING:

B.4 INSURANCE REQUIREMENTS:

B.5 PAYMENT AND PERFORMANCE BONDS AND SURETIES:

B.6 LIQUIDATED DAMAGES:

B.7 BRAND AND/OR TRADE NAMES:

B.8 WARRANTY GUARANTEE:

B.9 SPILLAGE:

SECTION C: BID SUBMISSION REQUIREMENTS

C.1 GENERAL SUBMISSION INFORMATION:

C.2 CHANGES:

C.3 MODIFICATION AND WITHDRAWAL OF BID:

C.4 BID CONTENTS AND FORMAT:

SECTION A: GENERAL INFORMATION & IFB INSTRUCTIONS

A.1 PURPOSE:

The City of Westminster, Colorado, hereinafter referred to as the City, is soliciting proposals for the various improvements to the Briggs Greenhouse building as defined further in this solicitation.

The detailed Specifications and Requirements is attached as Exhibit B.

A.2 ROCKY MOUNTAIN E-PURCHASING (BidNet®):

The City is collaborating with Rocky Mountain E-purchasing System (BidNet®) in the advertisement and facilitation of Formal solicitations administered by the City's Procurement Division.

Registration with BidNet® is available at NO CHARGE and allows Proposers access to view governmental proposals posted on BidNet®; they offer an additional notification service option with an associated fee.

The City is not responsible for the actions or lack thereof on the part of the Proposer in regards to their interaction with BidNet®, or any other third-party bid notification service in relation to this IFB.

More information is available at:

https://www.bidnetdirect.com/colorado/cityofwestminster or by calling 1-800-835- 4603, Option 2.

A.3 ELECTRONIC SUBMISSION OF BIDS:

Submission of bids for this solicitation may only be done electronically through BidNet® at https://www.bidnetdirect.com/colorado/cityofwestminster, no later than the date and time indicated in the Schedule of Events.

Bids are locked in Bidnet until after the due date, Bidders are encouraged to submit their bids early allowing enough time for any technical difficulties they may encounter as the system does not allow the option to accept any late bids.

Bidders who feel they are unable to prepare and submit an electronic submittal should submit a request in writing to the Procurement Division, no later than the Question due date, for permission and instructions for submitting a hardcopy bid.

https://www.bidnetdirect.com/colorado/cityofwestminster https://www.bidnetdirect.com/colorado/cityofwestminster

A.4 IFB ATTACHMENTS:

Exhibit A Sample Construction Contract Exhibit B Project Manual Exhibit C Project Drawings Exhibit D Bid Sheet

A.5 PRE-BID CONFERENCE:

A recommended pre-bid conference will be conducted on the date and time listed in the Schedule of Events on the cover page. The solicitation terms and conditions will be reviewed and discussed at this time. Interested Bidders may attend in person at the address listed below.

In Person Meeting Location:

Briggs Greenhouse 7152 Raleigh Street Westminster, CO 80030

A.6 CLARIFYING QUESTIONS:

The City shall not be bound by and the Bidder shall not request or rely on any oral interpretation or clarification of this IFB.

All Questions must be submitted online via Bidnet, no later than the date and time indicated in the Schedule of Events. Answers to all questions will be posted on Bidnet and will be available to view by all Parties.

Outside of pre-bid meetings, communication directed to City personnel, other than Procurement staff, may result in disqualification of the Bidder’s submission.

A.7 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.8 ALTERNATE APPROACH AND PRICING:

It is our intent to solicit bids that afford the City the most cost efficient, technically responsive bids for the acquisition of the subject matter of this IFB. However, we recognize that there may be arrangements different from that requested hereunder that would offer additional benefits to the City while satisfying the applicable requirements of this IFB. Accordingly, bidders may submit alternative pricing for consideration, with a responsive bid, which offer additional benefits above and beyond the requested baseline bid. These alternatives will be evaluated in conjunction with the primary (baseline) approach or specifications for each bid.

A.9 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.

A.10 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 Meeting Join on your computer, mobile app or room device Join the meeting now Meeting ID: 274 414 738 210 9 Passcode: dL9tY626

Dial in by phone +1 720-739-8152,,415841543# United States, Denver Find a local number Phone conference ID: 415 841 543#

A.11 EVALUATION AND AWARD:

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 City shall give a notice of award within 60 days of the closing of this IFB.

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

1. Best value to the City

2. Compliance with the project or product specifications

3. Submission of all requirements of this IFB

A.12 AWARD TYPE:

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

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MGRlY2M5YTQtNDdkMi00YThjLWFjNGUtMzQ0MTQxYTE4NWUx%40thread.v2/0?context=%7b%22Tid%22%3a%22f94ebb71-3556-4624-9547-b725ee971c94%22%2c%22Oid%22%3a%225a7ab0cb-467e-4cb5-8ee4-86a388b86b11%22%7d tel:+17207398152,,415841543 https://dialin.teams.microsoft.com/77747cee-d5df-416b-9b35-5fd3cb883e86?id=173113995

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 non-responsive and rejected.

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. Bids will be evaluated on the Bidder’s experience, project understanding and approach.

A.13 PAYMENT CONDITIONS AND NOTICE TO PROCEED:

No performance of any work shall proceed the issuance and acceptance of a City Purchase Order (PO) by the Awarded Bidder, hereinafter referred to as the Vendor.

Payment to Vendor will be due within 30 days after the completion of services and acceptance of a proper invoice. The City may withhold payment due to Vendor’s failure to comply with the PO or because services were unsatisfactorily performed, as determined by the City’s inspection. The City shall notify Vendor of any unsatisfactory performance as soon as reasonably practical so that the vendor, if possible, may correct such performance before payment is delayed. Payment alone does not constitute acceptance.

Should final inspection reveal that work accomplished under any resulting purchase order is incomplete, or has not been made in accordance with drawings, specifications and authorized changes thereto, then the Contractor shall be required to correct or complete the project before final payment will be made.

Under no circumstances will a Vendor receive payment for work which was not authorized by the City representative and evident by a Purchase Order.

A.14 TECHNICAL REQUIREMENTS/STATEMENT OF WORK:

Section B of this IFB contains project specific requirements and terms. This document shall form the basis of a Purchase order covering the subject matter of this IFB. Exceptions or deviations to this IFB must not be added to the bid pages but must be on bidder's letterhead and accompany the bid. Any exceptions to this documentation will be taken into consideration when evaluating bids submitted.

The City reserves the right to reject any or all of a bidder’s proposed modifications.

The City welcomes cost saving bids which still satisfy all technical and business objectives.

A.15 CONTRACT DOCUMENTS:

The City’s Sample Contract is included as Exhibit A of this IFB. The awarded Vendor will be expected to sign a reasonable facsimile of the Contract as presented in Exhibit A of this IFB packet, except that the Contract will be modified to reflect the actual scope of services being provided.

Any exceptions to the Contract documentation will be taken into consideration when evaluating bids submitted. Bidders should submit any bid exceptions in a redlined copy of the City’s Contract when submitting their bid.

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

A.16 IFB CONDITIONS AND PROVISIONS:

1. All participating Bidders shall agree to comply with all of the conditions, requirements and instructions of this IFB as stated or implied herein. Any alteration, erasure or interlineation by the bidder in this bid shall constitute cause for rejection by the Procurement Manager. Exceptions or deviations to this IFB must not be added to the bid pages, but must be on the Bidder's letterhead and accompany the bid. Should the City omit anything from this IFB which is necessary to a clear understanding of the work, or should it appear that various instructions are in conflict, then the bidder shall secure written instructions from the Procurement Manager at least forty-eight (48) hours prior to the time and date of the bid opening shown on page one.

2. Typographical errors in entering quotations on the bid may result in loss of award of contract.

3. All Bidders are required to complete all information requested in this IFB. Failure to do so may result in the disqualification of the bid.

4. The City reserves the right to postpone or cancel this IFB, or reject all bids, if determined to be in the best interest of the City.

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

6. Any omissions as to the manufacturer's brand name, code or stock number, or style that is asked for shall be considered cause to reject any or all items in the proposal if deemed to be in the best interest of the City to do so.

7. The Procurement Manager reserves the right to waive any technical or informal errors or omissions and to reject any and all bids, or to award contract for the items hereon, either in part or whole, if deemed it to be in the best interests of the City.

8. The Vendor shall be in complete compliance with all of the specifications, terms and conditions of this IFB as outlined above. The City shall have the right to inspect the facilities and equipment of the Vendor to insure such compliance.

9. No bid shall be accepted from, and no purchase order or contractual contract will be awarded to, any person, firm or corporation that is in arrears to the City of Westminster, upon debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the City, or that has failed to attain or demonstrate compliance with any law, ordinance, City regulation, or contract term or condition as may be provided for or required in any City contract, or that may be deemed irresponsible or unreliable by the Procurement Manager. Bidders may be required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon and that they have the necessary financial resources to perform and complete the work outlined in this IFB.

10. The bidder agrees to abide by all the laws, regulations and administrative rulings of the United States, the State of Colorado and the City of Westminster, securing all necessary licenses and permits in connection with the bids.

11. All materials, supplies and equipment furnished or services performed under the terms of this purchase order or contractual contract shall comply with the requirements and standards in all federal, state and local codes.

12. This IFB requires a formal contract to be prepared by the City of Westminster, the

Vendor will properly sign and furnish any necessary insurances, Workers' Compensation, etc., as required by the respective bid within ten (l0) days (unless a longer period is allowed) from the date of receipt of the formal contract forms.

13. All Bidders must take into consideration that only the City's contract documents will be used in the finalization of this contract. This will include the total bid and the City Attorney's contract form.

14. The City shall not be liable for any costs incurred by Bidder in the preparation of bids or for any work performed in connection therewith or any work subsequent to the submission and prior to the execution of any contract.

15. The Vendor shall procure all permits and licenses, pay all charges, taxes and fees and give all notices necessary and incidental to the due and lawful prosecution of the work. All costs thereof shall be deemed to be included in the prices proposed for the work.

16. The City is exempt from City, State, and Federal sales/excise taxes. Certificates will be issued upon request. Any appropriate taxes shall be shown as a separate item in the bid.

A.17 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 Vendor 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.

A.18 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.

A.19 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.

A.20 REGISTRATION WITH THE COLORADO SECRETARY OF STATE:

Vendors 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.

A.21 COOPERATIVE PURCHASING:

The City of Westminster encourages and participates in cooperative purchasing endeavors undertaken by or on behalf of other governmental jurisdictions including the Multiple Assembly of Procurement Officials (MAPO) and the Cooperative Educational Purchasing Council (CPEC). We hereby request that any member of MAPO/CPEC by permitted to avail itself of this contract and purchase as specified by the contract resulting from this solicitation request, at the contract prices established therein. Each governmental entity would establish its own contract, issue its own orders, be invoiced directly, make its own payments and issue its own exemption certificates as required. It is understood and agreed that the City of Westminster is not a legally binding party to any contractual agreement made between another governmental entity and the Vendor as a result of this solicitation. The City shall not be liable for any costs or damages incurred by any other entity.

SECTION B: PROJECT SPECIFIC REQUIREMENTS AND TERMS

B.1 SCOPE OF WORK/ REQUIREMENTS

Scope of work is attached in Exhibit B and project drawings are attached in Exhibit C.

B.2 TERM:

The greenhouse will NOT need to remain operational during construction. However, there are specific times when construction would need to take place.

This project is estimated to be completed during the timeframe of July 1, 2025, through November 14th, 2025.

B.3 PRICING:

All prices quoted shall be unit pricing and lump sum. Do not include cost or price figures anywhere except in the defined cost and pricing section of Section C.5.

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.

B.4 INSURANCE REQUIREMENTS:

The Successful Bidder shall carry the insurance specified in the Construction Services 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.

B.5 PAYMENT AND PERFORMANCE BONDS AND SURETIES:

The awarded Vendor will be required to furnish a performance bond or, in the alternative, an irrevocable letter of credit from a local financial institution, in the amount of the contract sum. If a performance bond is furnished by the Vendor, it must be executed by the owner, a general partner or, if a corporation, the secretary's signature and the seal of the corporation must be affixed.

If the Successful bidder fails to execute and deliver the Construction Contract, furnish the required Performance Bond and Payment Bond, furnish the required evidence of insurance, or satisfy all conditions precedent to execution of the Construction Contract within ten (10) days of the date of Notice of Award, Owner may annul the Notice of Award and the Bid Security of that bidder will be forfeited, not as a penalty, but as liquidated damages to compensate the City for the cost of delay and also as an estimate of the difference between the successful bidder's bid and that of the next lowest acceptable bid. The Bid Security of any bidder whom the City believes to have a reasonable chance of receiving the award may be retained by the City (a) until seven

(7) days after the effective date of the Construction Contract or (b) until the bids expire, whichever is earlier.

B.6 LIQUIDATED DAMAGES:

The City and the Vendor recognize that time is of the essence in this Construction Contract and that the City will suffer financial loss if the work is not substantially completed within the time specified in section B.2, plus any extensions thereof allowed by the City by written Change Order. They also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by the City if the work is not substantially complete on time. Accordingly, rather than requiring any such proof, the City and the Vendor agree that as liquidated damages for delay (but not as a penalty) the Vendor shall pay the City one hundred dollars ($100.00) for each day that expires after the time specified in section B.2 until the work is complete. It is agreed that this is a reasonable estimate of the damages likely to be suffered by the City for late completion of the work. If the Vendor shall fail to pay such liquidated damages promptly upon demand therefore, the Surety on the Performance Bond shall pay such damages. Also, the City may withhold all, or any part of, such liquidated damages from any payment due the Vendor.

B.7 BRAND AND/OR TRADE NAMES:

Each bidder shall agree to furnish the proposed services, equipment or materials that are called for on the face of this IFB in strict accordance with the conditions, requirements and specifications of this IFB to propose. In the event the City includes trade names as a part of the work description of any item, any participating bidder may submit quotations on other trade-named products, providing they are equivalent, unless the wording "No Substitute"/ "Brand Name Only"/ "No Approved Equals" is indicated. When the description includes the wording "No Substitute"/ "Brand Name Only"/ "No Approved Equals" in addition to the trade name, quotations of price will be accepted only on the trade-named product indicated. All disputes concerning grades and quality of merchandise or work shall be determined by the Procurement Manager or their authorized representative.

B.8 WARRANTY GUARANTEE:

Bidder shall be fully responsible for any and all warranty work, regardless of whether or not manufacturers of equipment, and/or its component parts, provide the actual warranty coverage. In addition, bidder shall have or establish a single, local source that will accomplish or coordinate any necessary warranty work. Bidder shall respond to requests for warranty assistance within twenty-four (24) hours.

B.9 SPILLAGE:

Bidder will be responsible for the cleanup of any contamination or spillage resulting from the delivery and unloading within twenty-four (24) hours of such spillage.

SECTION C: BID SUBMISSION REQUIREMENTS

C.1 GENERAL SUBMISSION INFORMATION:

This section includes detailed instructions on the submittal requirements for all required documents and pricing. Bidders should follow these instructions carefully and provide all data requested in the formats specified herein and in any referenced attachments.

Any omissions in this bid shall be identified by each Bidder and incorporated into their bid including any omissions for software, hardware, support etc. which is necessary to the success of the project and must be identified as a separate line item with pricing and included as part of this bid.

The City will not increase the contract or any purchase order (either dollar amount or time) for items not included in the submitted bid documents. The City reserves the right to purchase part or the entire bid.

C.2 CHANGES:

The City will not consider change orders or amendments unless it is deemed a change in the original scope of the project. All items not itemized in the pricing above which are instrumental to completing the project will be at the cost of the bidder to supply at no additional charge to the City.

C.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 reserves the right to retain all bids submitted and to use any ideas in a bid regardless of whether that bid is selected.

Submission of a bid indicates acceptance by the bidder of the conditions contained in this IFB.

C.4 BID CONTENTS AND FORMAT:

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

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

1. Bidder’s itemized cost schedule. Complete and submit Exhibit D. Total fee shall include all costs and expenses.

2. References. Recent and relevant project experience in the Colorado region for design projects of similar size, scope, and complexity.

a. Three references for previous work on similar projects (minimum of three similar projects within the last five years) and the performance of individuals proposed for the project team; include contact person and telephone number.

3. Sample Contract Redlines. (if applicable)

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

5. Subcontractor List. Proposers will be required to establish to the satisfaction of the City the reliability and responsibility of any proposed subcontractor pursuant to the criteria set forth in these Instructions and Proposal Requirements. Prior to the award of the Contract, the City will notify the Proposer in writing if the City has reasonable objection to any proposed subcontractors. In this event, Proposer may, at its option,

a. withdraw its proposal, or

b. submit a substitute subcontractor acceptable to the City with an adjustment in the proposal to cover any difference in cost. The City may, at its discretion, accept the adjusted proposal.