IFB-CSX-25-611_Shipping Container Conversion to Custom Outdoor Bar.pdf

INVITATION FOR BID (IFB)

Dog Park Concessionaire Container

Solicitation No. IFB-CSX-25-611

SCHEDULE OF EVENTS

IFB Advertisement 07/03/25 Deadline to Submit Questions 07/14/25 4:00 PM MST Response to Questions 07/16/24 4:00 PM MST Bid Due Date 07/22/25 4:00 PM MST Bid Opening 07/22/25 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 SCOPE OF WORK/ REQUIREMENTS

A.3 PROJECT LOCATION

A.4 IFB ATTACHMENTS:

A.5 ELECTRONIC SUBMISSION OF BIDS AND COMMUNICATION:

A.6 CLARIFYING QUESTIONS:

A.7 ADDENDA:

A.8 PRICING:

A.9 INSURANCE REQUIREMENTS:

A.10 ADDITIONAL QUANTITIES:

A.11 F.O.B. POINT:

A.12 BRAND AND/OR TRADE NAMES:

A.13 PRODUCT/PERFORMANCE LITERATURE:

A.14 PATENTS:

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 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:

D.7 COOPERATIVE PURCHASING:

SECTION A: IFB OVERVIEW AND PROJECT REQUIREMENTS

A.1 INTRODUCTION:

The City of Westminster is seeking proposals from qualified vendors to design, construct, and install a bar facility utilizing a repurposed shipping container. The project aims to create an innovative, eco-friendly, and attractive drinking establishment that will enhance the local community and provide a unique experience for patrons. This IFB outlines the scope of work, requirements, and conditions for proposing. The successful Bidder, hereinafter referred to as the Vendor, will enter into a contract with the City for the completion of the work outlined herein.

A.2 SCOPE OF WORK/ REQUIREMENTS

The Project Scope and Requirements is attached as Exhibit B to this IFB.

A.3 PROJECT LOCATION

5453 W 88th Ave, Westminster, CO 80031 The exact spot for installation is found in Exhibit C and will be coordinated with the City’s Project Manager.

A.4 IFB ATTACHMENTS:

Exhibit A General Conditions of Purchase Exhibit B Project Scope of Work and Requirements Exhibit C Main Site Plan Exhibit D Concept Images

A.5 ELECTRONIC SUBMISSION OF BIDS AND COMMUNICATION:

The City is using the 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 Bidder'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.

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

A.6 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.

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 PRICING:

All prices quoted shall be lump sum

A.9 INSURANCE REQUIREMENTS:

The Contractor shall carry the insurance specified in Exhibit A, Sample 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.10 ADDITIONAL QUANTITIES:

The City reserves the right to purchase one or more additional units by 07/01/2026, upon approval by the Procurement Manager.

A.11 F.O.B. POINT:

Prices quoted shall be F.O.B. unloaded, installed and ready for utility connections to the NE corner of Fenton St. and 90th Ave. in Downtown Westminster.

https://maps.app.goo.gl/UCLopMgoSqEhG51z7 https://maps.app.goo.gl/UCLopMgoSqEhG51z7

A.12 BRAND AND/OR TRADE NAMES:

Each Bidder shall agree to furnish any proposed equipment or materials that are called for in 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.

Brand Names: Where a manufacturer's brand name of merchandise is given in this IFB, it does not mean to construe or imply an endorsement by the City of Westminster of this brand only, but is used as a norm of quality, type, etc.

A.13 PRODUCT/PERFORMANCE LITERATURE:

The undersigned Bidder shall agree to furnish, upon the written request of the City's Analyst, any additional information needed to substantiate or clarify the design and/or performance characteristics of the materials they propose to furnish.

Complete manufacturers’ literature and specifications must be furnished electronically by each Bidder on the brand name products he is quoting to furnish.

The City of Westminster reserves the right at the time of final evaluation of this IFB, to request any Bidder, an "Approved Equal" technical data, test results or other pertinent information as evidence that the substitute offered is equal to or better than the specification requirement.

A.14 PATENTS:

Seller agrees to defend the City of Westminster at seller's own expense, in all suits, actions or proceedings in which the City of Westminster is made a defendant for actual or alleged infringement of any United States of America or foreign letters patent resulting from the City of Westminster's use of the goods purchased because of this Invitation for Bid. The seller further agrees to pay and discharge all judgments or decrees which may be rendered in any such suit, action or proceeding against the City of Westminster.

The seller agrees to indemnify and hold harmless the City of Westminster from all licenses, royalty and proprietary fees or costs, including legal costs, which may arise out of the City of Westminster's purchase and use of goods supplied by the seller.

It is expressly agreed by the seller that these covenants are irrevocable and perpetual.

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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 (not a scanned copy), or Excel when specified.

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

1. Cost. The total fee shall include all costs and expenses. Complete the online fee schedule in BidNet for the total cost. This should include the design, construction, and furnish the designed base unit in this proposal, utilizing the specifications provided for a Bar Container.

Include an additional fee schedule for any additional options beyond the requirements in this IFB for the City to consider.

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

a. Three references regarding past project performance and the performance of individuals proposed for the project team.

b. References for previous work on similar projects (minimum of three similar projects within the last five years); include contact person and telephone number.

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. 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.

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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 Meeting Join on your computer, mobile app or room device Join the meeting now Meeting ID: 219 808 340 893 8 Passcode: db6zH9h6

Download Teams | Join on the web

Or call in (audio only) +1 720-739-8152,742703271# United States, Denver Phone Conference ID: 742 703 271

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. Contractor’s qualifications and experience.

5. Proposed project timeline.

6. References from previous projects of similar scope.

7. 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.

C.3 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.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTMwNjlhZDgtY2FhOC00M2QyLTljYzgtOGI3MDBjMjBkODRk%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 https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+17207398152,,742703271

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.

D.7 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 Contractor as a result of this solicitation. The City shall not be liable for any costs or damages incurred by any other entity.