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

REQUEST FOR PROPOSAL (RFP)

Shipping Container Conversion to a Custom Outdoor Bar

Solicitation No. RFP-CSX-25-611

SCHEDULE OF EVENTS

RFP Advertisement 04/23/25

Deadline to Submit Questions 05/05/25 4:00 PM MST

Response to Questions 05/07/25 4:00 PM MST

Proposal Due Date 05/14/25 4:00 PM MST

Evaluation & Clarifications 05/14/25 – 05/29/25

The party submitting a proposal, hereinafter referred to as the Proposer, 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: RFP OVERVIEW AND PROJECT REQUIREMENTS

A.1 INTRODUCTION:

A.2 SCOPE OF WORK/ REQUIREMENTS:

A.3 RFP ATTACHMENTS:

A.4 RECOMMENDED SITE VISIT:

A.5 ELECTRONIC SUBMISSION OF PROPOSALS 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: PROPOSAL SUBMISSION REQUIREMENTS

B.1 GENERAL SUBMISSION INFORMATION:

B.2 CHANGES:

B.3 MODIFICATIONS TO PROPOSALS:

B.4 CONTRACT DOCUMENTS:

B.5 ACCEPTANCE PERIOD:

B.6 PROPOSAL CONTENTS AND FORMAT:

SECTION C: EVALUATION AND AWARD

C.1 EVALUATION OVERVIEW

C.2 PROPOSAL EVALUATION ITEMS:

C.3 EVALUATION AND SELECTION:

C.4 AWARD TYPE:

C.5 NOTICE TO PROCEED:

SECTION D: GENERAL RFP AND CONTRACT INFORMATION

D.1 PAYMENT CONDITIONS:

D.2 RFP CONDITIONS AND PROVISIONS:

D.4 GRATUITIES AND KICKBACKS:

D.5 NON-COLLUSIVE PROPOSER CERTIFICATION:

D.6 DISCLOSURE OF CONTENTS OF PROPOSALS:

D.7 COOPERATIVE PURCHASING:

SECTION A: RFP 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 RFP outlines the scope of work, requirements, and conditions for proposing. The successful Proposer, 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 RFP.

A.3 RFP ATTACHMENTS:

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

A.4 RECOMMENDED SITE VISIT:

Interested Proposers are encouraged to visit the site to familiarize themselves with any conditions which may affect their proposal. No tour will be conducted by City personnel. Submission of a proposal will be confirmation that the Proposer is aware of all site conditions.

A.5 ELECTRONIC SUBMISSION OF PROPOSALS AND COMMUNICATION:

The City is using Rocky Mountain E-purchasing System (BidNet®) to advertise and manage formal solicitations. Registration with BidNet® is free and provides access to view posted governmental proposals, with an optional paid notification service.

Submission of all proposals and clarifying questions for this solicitation must be done electronically through BidNet® at https://www.bidnetdirect.com/colorado/cityofwestminster no later than the date and time specified in the Schedule of Events. The City is not responsible for the Proposer's actions or interactions with BidNet® or other third-party services related to this RFP.

For more information or assistance with BidNet®, call 1-800-835-4603, Option 2.

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

A.6 CLARIFYING QUESTIONS:

The City is not bound by, and Proposers shall not rely on, any oral interpretations or clarifications of this RFP.

All questions must be submitted via BidNet no later than the date and time specified in the Schedule of Events. Responses will be posted on BidNet for public viewing.

Except for pre-proposal meetings or site visits, communication with City personnel outside of the Procurement staff may result in disqualification of the Proposer’s submission.

A.7 ADDENDA:

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

A.8 PRICING:

All prices quoted shall be Lump-Sum.

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

A.9 INSURANCE REQUIREMENTS:

The Vendor shall carry the insurance specified in Exhibit A, General Conditions of Purchase, which is included with this RFP, and shall submit proof of such insurance within ten (10) days of notice of intent to award to the City of Westminster.

The City shall be named as an additional insured on the specified liability insurance policies and certificates of insurance. Insurance certificates required for this project shall be sent to the Project Manager, after the proposal has been awarded.

A.10 ADDITIONAL QUANTITIES:

The City reserves the right to purchase one or more additional units through 05/01/2026, 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

A.12 BRAND AND/OR TRADE NAMES:

Each Proposer shall agree to furnish any proposed equipment or materials that are called for in this RFP in accordance with the conditions, requirements and specifications of this RFP to propose. In the event the City includes trade names as a part of the work description of any item, any participating Proposer 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 RFP, 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 Proposer 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 manufacturer's literature and specifications must be furnished electronically by each Proposer on the brand name products they are quoting to furnish.

The City of Westminster reserves the right at the time of final evaluation of this RFP, to request of any Proposer, 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.

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

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 as a result of this Request for Proposal. Seller further agrees to pay and discharge any and all judgments or decrees which may be rendered in any such suit, action or proceeding against the City of Westminster.

Seller agrees to indemnify and hold harmless the City of Westminster from any and all license, 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 seller that these covenants are irrevocable and perpetual.

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SECTION B: PROPOSAL SUBMISSION REQUIREMENTS

B.1 GENERAL SUBMISSION INFORMATION:

This section outlines the submittal requirements for all documents and pricing.

Proposers must carefully follow these instructions and provide all requested information in the specified formats.

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

Proposals submitted through BidNet are locked until after the due date. 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.

Proposers 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 Proposer at no additional cost to the City.

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

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

B.3 MODIFICATIONS TO PROPOSALS:

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

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

B.4 CONTRACT DOCUMENTS:

The City's General Conditions of Purchase is provided as Exhibit A of this RFP. The awarded Vendor will be required to sign the General Conditions of Purchase upon award.

Any exceptions to the Contract terms must be clearly identified and submitted with the proposal as a redlined version of the City’s Contract. These exceptions will be considered during the evaluation of proposals.

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

B.5 ACCEPTANCE PERIOD:

By responding to this RFP, Proposers confirm that their proposals are valid from the closing date of the RFP for 90 days.

B.6 PROPOSAL CONTENTS AND FORMAT:

Proposals must be in Microsoft Word or an original PDF (not a scanned copy) as well as Excel if specified.

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

1. Proposal. Proposals should not exceed 10 pages of text and figures. It should address all the items in Exhibit B, Project Scope and Requirements as well as what is being evaluated in section C.2 of this RFP.

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

a. References for three similar projects, successfully completed within the past five years; include contact person, phone number and email.

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

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

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

a. complete the 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.

b. submit a separate fee schedule with a breakdown of costs for proposed items, as well as any recommended alternatives or value-added items, including the items below:

1. Construct a second floor viewing deck with code compliant access stairs

2. Install an outdoor speaker system, receiver and controller for the container, and for wireless speakers to be mounted out in the patio area

3. Furnish and install closeable service windows

4. Outdoor chairs and equipment (associated with Container) for patrons

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

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

5. Sample General Conditions of Purchase Redlines. (if applicable)

6. 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.

SECTION C: EVALUATION AND AWARD

C.1 EVALUATION OVERVIEW

The City does not discriminate on the grounds of race, religion, color, age, sex, disability, or national origin in consideration of an award.

C.2 PROPOSAL EVALUATION ITEMS:

The Selection Committee will perform a preliminary evaluation of each proposal using the following criteria and weighting:

Evaluation Criteria Weight 1 Design Concept and Innovation

• Creativity and uniqueness of the proposed design

• Efficient use of container space

• Integration with surrounding environment

• Imagery/Concept drawings of developed container

2 Technical Expertise and Experience

• Demonstrated experience in container conversions

• Knowledge of local building codes and regulations

• Qualifications of key personnel

3 Project Management and Timeline

• Clarity and feasibility of proposed project schedule, and timeliness of delivery

• Project management approach and communication plan

• Risk management strategies

4 Cost Proposal

• Overall cost-effectiveness

• Clarity and detail of cost breakdown

• Value for money

5 Sustainability and Energy Efficiency

• Incorporation of sustainable materials and practices

• Energy-efficient design features

• Water conservation measures

6 Quality of Materials and Equipment

• Durability and quality of proposed materials

• Energy efficiency of proposed equipment

• Compliance with health and safety standards

7 After-Sales Support and Warranty

• Comprehensiveness of training program

• Quality of operation and maintenance manuals

• Length and coverage of warranties

Total 100

C.3 EVALUATION AND SELECTION:

Selection shall be made to the highest scoring Proposer of the evaluation criteria of this RFP and in accordance with Westminster Municipal Code (W.M.C.) Title XV, Chapter 1, Section 15-1-5.

In evaluating proposals, the City shall consider the qualifications of the Proposers, and whether or not the proposals comply with the prescribed requirements. The City reserves the right to reject proposals that do not pass any such evaluation to the City's satisfaction.

C.4 AWARD TYPE:

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

The City reserves the right to award part or all of the proposal.

C.5 NOTICE TO PROCEED:

Work shall not commence until the Vendor has received a City Purchase Order (PO). A Notice to Proceed is not considered invalid unless it is accompanied by a PO.

SECTION D: GENERAL RFP AND CONTRACT INFORMATION

D.1 PAYMENT CONDITIONS:

Payment to the Vendor 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 Vendor fails to comply with the purchase agreement or if services are deemed unsatisfactory by the City's inspection. The City will notify the Vendor 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 Vendor must correct or complete any deficiencies before receiving final payment.

Under no circumstances will payment be made for work not authorized by the City, as evidenced by a Purchase Order.

D.2 RFP CONDITIONS AND PROVISIONS:

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

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

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

4. Proposal Completeness: All requested information must be provided. Failure to submit complete information may result in disqualification.

5. City’s Discretion: The City reserves the right to postpone, cancel, or reject all proposals if deemed in the City’s best interest.

6. Pricing: Unit prices must be provided for each item. In case of discrepancies in price extensions, the unit price will govern.

7. Omissions: Failure to specify manufacturer’s brand, code, or style as requested may result in rejection of the proposal 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 proposals, or to award in part or whole, if in the City’s best interest.

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

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

11. Legal Compliance: The Proposer agrees to abide by all applicable laws, regulations, and ordinances of the United States, State of Colorado, and City of Westminster, securing all necessary licenses and permits.

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

13. No Liability for Costs: The City will not be liable for any costs incurred by the Proposer in the preparation of proposals or in connection with work performed prior to the issuance of a Purchase Order.

14. Permits and Fees: The Vendor is responsible for procuring necessary permits, paying taxes, and complying with all associated fees. All costs should be included in the proposal price.

15. Tax Exemption: The City is exempt from City, State, and Federal sales/excise taxes.

Tax exemption certificates will be provided upon request.

D.3 PROTESTS:

This policy does not apply if all proposals are rejected or if the solicitation is cancelled without an award.

1. Right to Protest: Any Proposer or vendor who feels wronged (referred to as the

"aggrieved party") regarding the solicitation or award can protest to the Westminster Procurement Manager, Aran Raz, at araz@westminsterco.gov.

2. Timing of Protests:

a. Pre-Award: If the aggrieved party has concerns about the proposal specifications before the proposal opening date, they must submit their protest at least three (3) business days before that date. The aggrieved party must show that there’s a problem with the specifications. Late protests shall not be accepted.

b. Post Award. If the aggrieved party believes the award process didn’t follow the City’s Procurement rules, they must submit a protest within ten (10) business days after the intent to award is published on Rocky Mountain E- Purchasing System (Bidnet). The aggrieved party must show that the rules were not followed. Late protests shall not be accepted.

c. All protests must be made in writing to the Westminster Procurement Manager, Aran Raz, at araz@westminsterco.gov.

3. Written protest must include:

a. Name, address, and telephone number of the aggrieved party

b. RFP number and date of procurement

c. A clear explanation of the issues.

d. Any evidence or documents that support your protest

e. A detailed explanation of why you believe you are aggrieved.

4. Decision Authority: The Procurement Manager will review and decide on the protest within ten (10) business days of receiving it. The decision will address the issues raised and will be final.

Award Delay: If a protest is filed, the Procurement Manager may choose to delay the award until the protest is resolved.

D.4 GRATUITIES AND KICKBACKS:

It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee (within six months of termination from City employment), to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding of application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore.

It shall be a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a Subcontractor under a contract to the prime 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 proposal shall be disqualified and shall not be reinstated.

D.5 NON-COLLUSIVE PROPOSER CERTIFICATION:

By the submission of this proposal, the Proposer certifies that:

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

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

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

4. Any proposer with multiple submissions, shall only have the last proposal considered to accommodate technical difficulty deleting a previous submission.

D.6 DISCLOSURE OF CONTENTS OF PROPOSALS:

The contents of all proposals become a matter of public record and a “Record” under the Colorado Open Records Act, § 24-72-201, et seq., C.R.S. (“CORA”). Upon request to the City, the disclosure of Records is mandatory, with the exception of those Records under CORA which are excluded from disclosure sometimes identified as business or trade secrets or proprietary matters (“Protected Items”). Protected Items so marked may not be disclosed unless disclosure is otherwise required under CORA. If a request is made under CORA for Records, the City will use reasonable efforts to notify the Proposer of the request, and it will be the responsibility of the Proposer to appropriately redact Protected Items from its submittal to the City. If a Proposer does not respond to the City to redact Protected Items as requested all Records may be disclosed by the City. If necessary, a Proposer shall seek a court order to protect their Protected Items, and will defend, indemnify, and hold harmless the City from any claim or action related to the City’s withholding of Protected Items.

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