IFB-PWU-25-542_Federal Parkway Widening Construction.pdf

INVITATION FOR BID

Federal Parkway Widening Construction with the use of grant funds

Solicitation No. IFB-PWU-25-542

CDOT SA No. 25693 - Federal Parkway MM IMP

SCHEDULE OF EVENTS

IFB Advertisement 6/19/2025 Pre-Bid Conference 7/16/2025 11:00 AM MST Deadline to Submit Questions 7/21/2025 7:00 PM MST Question Response / Final Addenda 7/24/2025 7:00 PM MST Bid Due Date 7/31/2025 2:00 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 RECOMMENDED SITE INSPECTION:

A.7 CLARIFYING QUESTIONS:

A.8 ADDENDA:

A.9 ACCEPTANCE PERIOD:

A.10 BID OPENING

A.11 AWARD CRITERIA:

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 REGISTRATION WITH THE SYSTEM OF AWARDS MANAGEMENT (SAM):

A.22 COMPLIANCE WITH FEDERAL REGULATIONS:

SECTION B: PROJECT SPECIFIC REQUIREMENTS AND TERMS

B.1 SCOPE OF WORK/ REQUIREMENTS

B.2 TERM:

B.3 WORK SCHEDULE

B.4 PRICING:

B.5 PAYMENT TERMS:

B.6 INSURANCE REQUIREMENTS:

B.7 BID BONDS:

B.8 PAYMENT AND PERFORMANCE BONDS:

B.9 LIQUIDATED DAMAGES

B.10 ESTIMATED QUANTITIES:

SECTION C: BID ITEMS

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, hereinafter referred to as the City, is soliciting bids for the Federal Parkway MM Improvement Project from W. 120th Ave to W. 122nd Ave.

The City’s detailed Scope of Work and Requirements are found in Section 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 Services Contract Exhibit B Federal Parkway Plans Exhibit C Federal Parkway Specifications Exhibit D Geotech Pavement Report Exhibit E CDOT Standard Specials Exhibit F Federal Requirements Exhibit G Davis Bacon Wage Determination Exhibit H Pre-Bid Conference Meeting Location Map

Attachment A Bid Form Attachment B Bidder Certification Attachment C CDOT Forms Due at Bid Attachment D CDOT Forms Due From Low Bidder

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.

Meeting Location:

See Exhibit H for map of location. Contractors will meet on the shoulder of Federal Parkway in the area highlighted in red on the map.

A.6 RECOMMENDED SITE INSPECTION:

Interested Bidders are encouraged to participate in the walk-through inspection of the site(s) to familiarize themselves with any conditions which may affect performance and proposed prices. Submission of a bid will be confirmation that the bidder did, in fact, make a site inspection and is aware of all conditions affecting performance and proposed prices.

A.7 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, will result in disqualification of the Bidder’s submission.

A.8 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.9 ACCEPTANCE PERIOD:

By responding to this IFB, Bidders confirm that their bid is valid for a period no less than 60 days from the closing date, and if awarded, through the initial contract period.

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: 238 300 978 820 Passcode: zK7DT2jf

Or call in (audio only) +1 720-739-8152,,726362022# United States, Denver Phone conference ID: 726 362 022#

A.11 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 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:

1. Lowest responsive, responsible bidder meeting specifications outlined in Section B.

2. Bidders are required to be prequalified through CDOT prior to submitting bids.

Limits are considered not prohibitive.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTVjMjNlM2EtNDhlMS00NDg3LWI5NmQtN2FjZTdlNWYzNmEw%40thread.v2/0?context=%7b%22Tid%22%3a%22f94ebb71-3556-4624-9547-b725ee971c94%22%2c%22Oid%22%3a%22ebe02eba-4a05-4318-960c-bff47e0b0016%22%7d tel:+17207398152,,726362022

A.12 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.

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. The City of Westminster, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for any award.

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 Contractor.

Payment to Contractor 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 resulting purchase agreement or because services were unsatisfactorily performed, as determined by the City’s inspection. The City shall notify Contractor of any unsatisfactory performance as soon as reasonably practical so that the Contractor, 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 or contract 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 Contractor 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 and Exhibits B, C, D and E of this IFB contains project specific requirements and terms. This document shall form the basis of a contract 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.

A.15 CONTRACT DOCUMENTS:

The City’s Sample Contract is included as Exhibit A of this IFB. The awarded Contractor 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. The completed bid (together with all required attachments) must be submitted electronically through the Rocky Mountain E-purchasing System (BidNet®).

2. All participating Bidders shall agree to comply with all of the conditions, requirements and instructions of this IFB as stated or implied herein 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.

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

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

5. The City reserves the right to postpone or cancel this IFB, or reject all bids.

6. 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.

7. The Procurement Manager reserves the right to waive any technical or informal errors or omissions and to reject any and all bids, if deemed it to be in the best interests of the City.

8. The Contractor 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 Contractor to ensure such compliance.

9. No bid shall be accepted from, and no purchase order or 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.

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

Contractor will properly sign and furnish any necessary insurances, Workers' Compensation, etc., as required by the respective bid within five (5) days (unless a longer period is allowed) from the date of confirmation of low bid.

13. 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.

14. The Contractor 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.

15. The City is exempt from City, State, and Federal sales/excise taxes. Certificates will be issued upon request.

16. Tax exemption does not extend to construction equipment used on City projects.

Contractors must declare construction equipment prior to locating it in the City and pay the applicable Westminster use tax, if a legally-imposed sales/use tax has not already been paid to the City or another municipality.

Contractors can file a Construction Equipment Declaration form with the City Sales Tax Division and pay any use tax due prior to locating equipment in the City online at https://etaxwestminster.gentaxcpc.net/tap/_/.

For equipment that is only onsite for a short period of time a reduced tax can be paid on a monthly basis or until the total amount of tax on the equipment has been paid.

Please see Tax Compliance Guides Nos. 321 and 327 on our website for more detailed information: https://www.westminsterco.gov/694/Westminster-Tax- Publications

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, will result in disqualification of the Bidder’s submission.

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 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.

A.18 NON-COLLUSIVE BIDDER CERTIFICATION:

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

https://etaxwestminster.gentaxcpc.net/tap/_/ https://www.westminsterco.gov/694/Westminster-Tax-Publications https://www.westminsterco.gov/694/Westminster-Tax-Publications

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.

4. Bidders are required to submit a completed CDOT form 606 Anti Collusion Affidavit and submit it with their bid.

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:

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.

A.21 REGISTRATION WITH THE SYSTEM OF AWARDS MANAGEMENT (SAM):

Contractors are required to furnish a Certificate of Good Standing with the System for Awards Management from the Department of Labor, as proof that they are properly registered to perform work on federal-aid projects.

A.22 COMPLIANCE WITH FEDERAL REGULATIONS:

A. Compliance with FEDERAL GOVERNMENT Requirements. Notwithstanding anything in this Agreement to the contrary, the Recipient will comply with, and this contract will be governed by, all applicable federal, state, and local laws and regulations relating to FEDERAL GOVERNMENT funding. The Recipient will require all Subcontractors to comply with the same provisions.

B. Coordination of Services. Recipient shall fully coordinate its Services and information with other service providers, City recipients, or other entities performing work which interfaces with or is affected in any way by Recipient’s Services, and with any approved City, County, State, non-profit, or other public service organizations. If requested, this includes the required Duplication of Benefits documentation as described in the sample contract.

C. Retention of Records; Monitoring. The Recipients shall maintain a complete file of all records, documents, communications, and other written materials that pertain to the operation of programs or the delivery of services under this Agreement and shall maintain such records for a period of three (3) years after the date of termination of this Agreement or final payment hereunder, whichever is later, or such further period as may be necessary to resolve any matter that may be pending.

Recipients shall permit the City to inspect, review and monitor such records, documents, communications, and other written materials in order to confirm performance and coordinate the services provided under this Agreement;

provided, however, that the City’s inspection, review, and monitoring shall be performed by in a manner that does not unduly interfere with the Recipients.

D. 2 CFR Part 200 Compliance. Recipient shall follow the requirements contained within 2 CFR Part 200 (office of management and budget https://www.govinfo.gov/content/pkg/CFR2014-title2-vol1/pdf/CFR-2014-title2-vol1.pdf) as updated, amended, or superseded, which include but are not limited to, conducting single audits.

E. Federal Civil Rights Obligations. Recipients understands that this project will be funded in part by the Federal Government. Therefore, in compliance with Title VI of the Civil Rights Act of 1964, the Recipients, for itself, its assignees, and successors in interest, and for each and every Subcontractor with which Recipients contracts for the performance of any portion of this Agreement agrees as follows:

https://www.govinfo.gov/content/pkg/CFR-2014-title2-vol1/pdf/CFR-2014-title2-vol1.pdf https://www.govinfo.gov/content/pkg/CFR-2014-title2-vol1/pdf/CFR-2014-title2-vol1.pdf https://www.govinfo.gov/content/pkg/CFR-2014-title2-vol1/pdf/CFR-2014-title2-vol1.pdf https://www.govinfo.gov/content/pkg/CFR-2014-title2-vol1/pdf/CFR-2014-title2-vol1.pdf

F. Nondiscrimination. The Recipients, regarding the work performed by it after award and prior to completion of the contract work, shall not discriminate on the grounds of race, color, sex, mental or physical handicap, or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. Recipients shall require the same from any Subcontractor.

1. Information and Reports. The Recipients shall provide all information and reports required by applicable federal regulations, or orders and instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Federal Government to be pertinent to ascertain compliance with such regulation, order, and instructions. Where any information required of the Recipients is in the exclusive possession of another who fails or refuses to furnish this information, the Recipients shall so certify to the Federal Government and shall set forth what efforts have been made to obtain the information.

2. Sanction for Noncompliance. In the event of the Recipient’s noncompliance with the nondiscrimination provisions of the Agreement, if applicable, the Federal Government may impose such contract sanctions as it may determine to be appropriate, including but not limited to withholding of payments to the Recipients under the Agreement until the Recipients complies, or cancellation, termination, or suspension of the Agreement in whole or in part.

G. Labor Standards. The requirements of the Davis Bacon Act, 40 U.S.C. 3141 et seq., do not apply to this Agreement.

1. The City is required to report to HUD concerning participation in the Project by minority-owned businesses and woman-owned businesses. Recipients shall promptly provide to the City all information necessary for the City to comply with its requirement.

2. The Recipients is encouraged to provide, to the greatest extent feasible, training, employment, and contracting opportunities in this Project to low – and very low-income persons, including residents of public housing.

H. Patent Rights (Federal Funds). If any invention, improvement, or discovery of the Recipients or any of its subcontractors or subgrantees is conceived or first actually reduced to practice in the course of or under this contract work, and if such is patentable, the Recipients shall notify the City immediately and provide a detailed written report. The rights and responsibilities of the Recipients, third party contractors, and the City with respect to such invention, improvement, or discovery will be determined in accordance with applicable federal laws and regulations in existence on the date of execution of this Agreement which define bidder title, right to elect title, Federal Government “march in” rights, and the scope of the Federal Government’s right to a nonexclusive, irrevocable, paid-up license to use the subject invention for its own. The Recipients shall include the requirements of this paragraph in its third-party contracts for the performance of the work under this Agreement.

I. Rights in Data and Copyright (Federal Reserved Rights). Except for its own internal use, the Recipients shall not publish or reproduce any data/information, in whole or part, that is recorded in any form or medium whatsoever and that is delivered or specified to be delivered under this Agreement, nor may it authorize or permit others to do so, without the written consent of the Federal Government, through the City, until such time as the Federal Government may have released such data/information to the public. As authorized by 49 C.F.R 18.34, the Federal Government, through the City, reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize the City and others to use:

1. Any work developed under this Agreement or a resulting third-party contract irrespective of whether it is copyrighted; and

2. Any rights of copyright to which a Contractor, or third-party contractor purchases ownership with federal assistance.

J. Bidder must be pre-qualified through CDOT prior to submitting bid. Bidder must submit certification with bid.

K. Refer to Exhibit F for additional Federal requirements.

SECTION B: PROJECT SPECIFIC REQUIREMENTS AND TERMS

B.1 SCOPE OF WORK/ REQUIREMENTS

B.1.a. BACKGROUND

The City of Westminster is looking to take the existing lane section of Federal Blvd. at W. 120th Ave. and extend it north on Federal Parkway to W. 122nd Ave. This will involve lane widening, embankment, sidewalk, curb & gutter, striping, water quality improvements, stormwater infrastructure, paving, milling, landscape, and restoration.

This project has a high volume of traffic and is adjacent to the floodplain along Big Dry Creek making safety, stormwater and erosion control responsiveness, and site management a non-negotiable requirement.

B.1.b. GENERAL MINIMUM REQUIREMENTS

1. Refer to Exhibit B for construction plan details.

2. The successful bidder must pay Davis Bacon Wages for all applicable services.

3. The successful bidder must be registered with the System for Awards

Management (SAM) and able to work on federally funded contracts. Refer to Section C.4, Item 8 for IFB requirements.

4. CDOT forms 606 and 1414, are required to be submitted with bids.

5. CDOT forms 605, 621, 1415, and 1416 are required to be submitted within 5 days of notification of low bid.

6. The contractor’s must be pre-qualified through CDOT prior to submitting their bid. Bidder must include their certification with bid.

https://www.codot.gov/business/bidding

B.2 TERM:

The number of days within which the Project is to be completed is identified in the project specifications.

B.3 WORK SCHEDULE

All work shall be completed as defined in normal working hours in the project special provisions.

B.4 PRICING:

All prices quoted shall be firm and fixed.

https://www.codot.gov/business/bidding

B.5 PAYMENT TERMS:

Progress payments are authorized in this procurement. Payments will be made based on completed, inspected and accepted work. Refer to CDOT spec 109.06.

B.6 INSURANCE REQUIREMENTS:

The Successful Bidder shall carry the insurance specified in the Construction Contract, which is included with this IFB, and CDOT Spec 107.15. The Bidder shall submit proof of such insurance when delivering the executed Contract to the City of Westminster.

The City and CDOT 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.7 BID BONDS:

Each bid must be accompanied by security in the amount of five percent (5%) of the maximum price bid in the form of a certified or cashier's check payable to the City, or in the form of bid bond included with the Contract Documents.

B.8 PAYMENT AND PERFORMANCE BONDS:

The Contractor will be required to furnish payment and performance bonds in the amount of the contract sum. The bonds 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) business days of the Contract Execution, 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.9 LIQUIDATED DAMAGES

The City and the Contractor 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 the contract, and project specifications, 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 Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the City for each day that expires after the time specified in the contract, and project specifications until the Work is complete. CDOT Standard specs 108 states that liquidated damages are four thousand five hundred $4,500 per day. 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 Contractor shall fail to pay such liquidated damages promptly upon demand therefor, 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 Contractor.

B.10 ESTIMATED QUANTITIES:

The approximate quantities outlined herein are estimated as closely as possible.

However, the City neither states nor implies any guarantee that actual purchases will equal the estimate. It is the intent of this bid that the City will be supplied with more or less of the material or equipment according to actual needs. This project will follow CDOT Standard Specification 102.03 Interpretation of Quantities in bid Form and nothing written here is intended to contradict that specification. Except as otherwise provided in this subsection and the method of measurement for individual items, the quantities appearing in the bid are estimates prepared for the comparison of proposals. Payment to the Contractor will be made per the following procedures: (a) Measurement required. When the Contract requires measurement of work performed or material furnished, payment will be made for actual quantities measured and accepted. (b) Measurement Not Required. When the Contract does not require quantities of work performed or materials furnished to be measured, payment will be made for the quantities appearing in the Contract. The estimated quantities of work to be performed and materials to be furnished may be increased, decreased or omitted.

SECTION C: BID ITEMS

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.

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.

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 an original PDF (not a scanned copy) or Excel if specified.

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

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

a. Complete the Bid Form, Attachment A

The cost schedule should address all requirements set forth in Section B and Exhibit B The requirements have been developed to allow the City to uniformly evaluate prices submitted for the work.

2. CDOT Forms. Bidder must complete and submit the following CDOT forms with their bid:

a. 606 Non-Collusion Affidavit

b. 1414 Anticipated DBE Participation Plan

3. CDOT Pre-qualification certification.

4. Bidder Certification Form. Bidder must complete and submit the attached complete Certification Page with their bid, signed by an authorized representative.

5. Bid Bond.

6. Sample Contract Redlines. (if applicable)

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

8. W-9 Matching legal name to Certificate of Good Standing.

9. Registration with the System of Awards Management (SAM):

Offerors are required to furnish a Certificate of Good Standing with the System for Awards Management from the Department of Labor, as proof that they are properly registered to perform work on federal-aid projects.