7-Appendix VII - Prerequisites 26-04045.docx

Prerequisites

1. I certify that the W9 form is uploaded with Proposal. Yes

2. I certify that I have read and agree to the terms in the below UTA Tax Exempt Form Construction yes

3. I certify that I have read and agree to the term that all questions and answers must be asked through Bonfire during the Q&A period. Yes

4. I certify that I have read and agree to the terms in the Qualified Heath Insurance Coverage and statement of Actuarial Equivalency. Yes See document below.

“Any Design or Construction Contracts MUST Read and Comply with Utah Code §17B-2a-818.5. The prime contract value threshold is $2,000,000 or greater and the subcontract value threshold is $1,000,000. These values also cover change orders that increase the value of the original contract.” See document below.

Supplemental Solicitation Requirement Qualified Health Insurance Coverage

In the 2009 legislative general session a law was passed that requires that all construction contractors and design consultants (and their subcontractors) who enter into UTA design or construction contracts over designated contract/subcontract thresholds must comply with the qualified health insurance coverage requirement outlined in Utah Code Ann. (UCA) §17B-2a-818.5. In the 2016 legislative general session the law was revised to raise the threshold contract and subcontract thresholds. The prime contract value threshold is $2,000,000 or greater and the subcontract value threshold is $1,000,000.

Web link to qualified health care coverage limits:

http://www.health.utah.gov/chip/PDF/2016Benchmark.pdf

Web link to UCA §17B-2a-818.5:

https://le.utah.gov/xcode/Title17B/Chapter2A/17B-2a-S818.5.html?v=C17B-2a-S818.5_2016031720160317

As required by Utah Code §17B-2a-818.5, UTA will NOT enter into a contract with a construction contractor or design consultant without demonstrating that qualified health insurance coverage will be provided to all contractor and subcontractor employees. Prior to executing a contract, the construction contractor or design consultant will need to provide:

1. For the contractor/consultant, and each applicable subcontractor/subconsultant, a separate written a statement of actuarial equivalency (which is no more than one year old), demonstrating that such entity provides a health benefit plan to its employees and their dependents that complies with the requirements of UCA §17B-2a-818.5 and UCA §26-40-115(1)(a) (as applicable). Each statement of actuarial equivalency must be from: (a) the Utah Insurance Department; (b) an actuary; or (c) an underwriter who is responsible for developing the employer group’s premium rates. An example of an acceptable statement of actuarial equivalency is provided below:

STATEMENT OF ACTUARIAL EQUIVALENCY

As of (Date)______,, __________ (REQUESTING ENTITY) has chosen to offer health insurance coverage to its employees through ________________(Insurance Company). (Actuary or Underwriter Representative) has reviewed the plan design, premiums and contribution information for such health insurance coverage and has concluded that the health insurance coverage has a combined actuarial value that is at least actuarially equivalent to that required pursuant to UCA §17B-2a-818.5.

___________________(Actuary’s or Underwriter’s Representative’s Signature) Printed Name Credentials Company

1. A signed certificate of compliance on the form attached as Exhibit “A.”

If you fail to comply with these requirements, your bid/proposal will be considered non-responsive.

EXHIBIT “A”

CERTIFICATE OF COMPLIANCE

On behalf of _______________________ , the undersigned hereby certifies to the Utah Transit Authority Procurement Officer that it complies in full with the Health Benefit Plan Requirements, as set forth in the Utah Code Ann. §17B-2a-818.5, et seq. Pursuant to this Certification, the undersigned:

· certifies that the undersigned will maintain, and will cause applicable subcontractors to maintain, an offer of qualified health insurance coverage for employees and their dependents for the full duration of the below-specified contract with UTA;

· attaches (on behalf of itself and all applicable subcontractors) the required written statement(s) of actuarial equivalency from either the Utah Insurance Department, an actuary or an underwriter;

· certifies that the requirements of Utah Code Ann. §17B-2a-818.5 have been included in applicable subcontracts;

· acknowledges that Utah Transit Authority shall have the right to audit contractor/subcontractor records to verify compliance with the matters set forth in this Certificate;

· acknowledges that penalties may be imposed of a contractor/subcontractor intentionally violates the provisions of Utah Law, which may include:

image1.png image2.png image3.png image4.png