REQUEST FOR PROPOSALS

26-19 - Anderson Pool Design

Submission Due Date

Thursday, April 30, 2026 by 2:00 pm Mountain Time

Documents Prepared by:

Procurement & Contracts Division

On behalf of

Parks & Recreation

Anticipated Key Dates

RFP Issued April 2, 2026

Pre-Proposal Meeting / Conference

(Non-Mandatory)

April 9, 2026, 4:00pm https://teams.microsoft.com/meet/2226785450

923?p=vkySNKfFVMI6RvlO7g

Question Acceptance Deadline April 14, 2026, 2:00pm

Proposals Due by April 30, 2026, 2:00pm

Anticipated Contract Date June 1, 2026

Please read the entire document. Do not remove any pages. Do not contact the issuing department as this may result in disqualification. All communication is to be directed to the City’s Procurement Team, Whitney

Mugford-Smith, wmsmith@wheatridge.gov

Late submissions will not be considered. Only submissions received to OpenGov Procurement prior to the deadline will be considered.

https://teams.microsoft.com/meet/2226785450923?p=vkySNKfFVMI6RvlO7g

City of Wheat Ridge OpenGov Portal https://procurement.opengov.com/portal/wheatridgeco

Table Of Contents

1. Introduction, Background, Scope of Work

1.1. Introduction

1.2. Background

1.3. Scope of Work

2. Evaluation Criteria, Evaluation Process

2.1. Evaluation Process

2.2. Evaluation Criteria

3. Administrative and Offeror Information

3.1. Proposal Opening, Evaluation, and Award

3.2. Sales and Use Taxes

3.3. Proposer Qualifications

3.4. Right to Investigate

3.5. No Commitment by the City of Wheat Ridge

3.6. Proposal Representation

3.7. Anti-Collusion Clause

3.8. Insurance

3.9. Laws and Regulations

3.10. Federally Funded Projects

3.11. Accessibility

3.12. Subcontracting

3.13. Sales Prohibited/Conflict of Interest

3.14. Modification of Agreement

3.15. Cancellation

3.16. Equal Opportunity

3.17. Disadvantaged Business Enterprises

3.18. Common Language

3.19. Proprietary Information

3.20. Competitiveness and Integrity

3.21. Proposal Format

3.22. Proposal Rejection and/or Partial Acceptance

3.23. Governing Law

3.24. Escalation

3.25. Ownership of Contract Products

3.26. Funding

3.27. Independent Contractor

3.28. Employment of Labor

3.29. Due Diligence

3.30. Debriefing

3.31. Contractor Performance Feedback

3.32. Sample Documents

4. Vendor Response

4.1. Vendor Questionnaire

Attachments:

A - Sample Agreement - Informational Only

B - Sample Billing Form - Informational Only

1. Introduction, Background, Scope of Work

1.1. Introduction

The City of Wheat Ridge is seeking proposals from qualified multidisciplinary consultant teams to provide professional planning, public engagement, design, and construction documentation services for the replacement of the City’s existing outdoor community pool at Anderson Park (4355 Field St.

Wheat Ridge, CO 80033).

The new facility should provide a modern aquatic environment that serves residents of all ages and abilities, supports recreation and aquatic programming, and reflects community priorities identified through a comprehensive public engagement process.

• All pool-specific infrastructure, some of which is located within the building, is included within this scope.

• The City is also hoping to expand the staff offices and storage space as part of the design.

• The adjacent Anderson Building, which includes locker rooms, the front desk area, and the lifeguard office, was renovated in 2018-2019. After that renovation, there are still issues related to the water supply, sewer lines, electrical system, heating, and air conditioning. Add alternate estimate lines on bid submission should include analysis of those issues and designing recommended improvements.

The site footprint for this planning and design project may be similar to the current pool footprint.

Depending on other city decisions, priorities, and timelines, there may be an opportunity to expand the footprint for the replacement pool to either the east (into the current parks shops and storage area) and/or the south (into the current soccer field). Phase 2-Concept Development has more information on this topic.

The selected consultant will lead the City through a structured planning and design process including concept development, community engagement, schematic design, design development, cost estimating, and preparation of final construction documents suitable for bidding and construction.

Consultants responding to this RFP shall provide a detailed scope approach, work plan, schedule, staffing plan, and fee proposal for completing the services outlined below.

RFP Issued: April 2, 2026

Pre-Proposal Meeting / Conference (Non-

Mandatory):

April 9, 2026, 4:00pm https://teams.microsoft.com/meet/22267854

50923?p=vkySNKfFVMI6RvlO7g

Question Acceptance Deadline: April 14, 2026, 2:00pm

Proposals Due by: April 30, 2026, 2:00pm

Anticipated Contract Date: June 1, 2026

1.2. Background

The City of Wheat Ridge (the “City”) Municipal Building is located in the northwest Denver metropolitan area, with municipal offices at 7500 W 29th Avenue, Wheat Ridge, CO 80033. The City’s area consists of about nine square miles of rolling land adjacent to the Interstate 70 transportation corridor between Denver and the Rocky

Mountains. The topography is somewhat unique, with a natural ridge traversing the City. The City is a suburban community of approximately 33,000 residents. Wheat Ridge is a home-rule municipality with an elected mayor and eight council members, and a Council- Manager form of government. Wheat Ridge recognizes the Best Value procurement model which allows the City to appoint suppliers that best meet the needs of the City, taking into consideration proposer qualifications, price, products, and service capabilities and other factors relevant to the City’s policies, programs, administrative resources, and budget.

1.3. Scope of Work

1.3.1. Scope of Work

Phase 1 – Project Initiation and Existing Conditions Assessment

The consultant shall initiate the project and develop a clear understanding of project goals, site constraints, operational needs, and regulatory considerations.

Tasks

• Conduct a project kickoff meeting with City staff and key stakeholders.

• Review existing documentation, which may include:

o Previous public engagement studies, audits, and reports

▪ 2025 Anderson Pool public engagement report, 2023 technical facility audit o If needed, collaborate with city staff on any public engagement that’s needed for topics missed during the 2025 engagement that is appropriate to complete before the concept stage o Site surveys, records, maps, plans, and utility information o Existing pool operations and maintenance data o Parks and recreation planning documents including, but not limited to:

▪ Parks and Recreation Pathway, City Plan

• Conduct site reconnaissance and analysis including:

o Site opportunities and constraints o Utilities and infrastructure o Accessibility and current ADA compliance and considerations o Environmental or permitting considerations o Geotech and soil conditions o (Potential) additional surveying if needed

• Develop a detailed project work plan, engagement strategy, and schedule.

Deliverables

• Project Management Plan

• Existing Conditions Assessment Memo, including Geotechnical Report

• Public Engagement Plan

Phase 2 – Concept Development (Two Concepts, add alternate for a Third)

Based on the aquatic program and community priorities, the consultant shall develop two conceptual design alternatives based on the current footprint of the Anderson Outdoor Pool. In the bid, consultants should provide an add alternate option for a third, larger pool concept that would be an expansion of the current pool footprint either to the west or the south.

Tasks

• Prepare conceptual site plans, sketch massing, and renderings for two alternatives that may vary in:

o Pool configurations o Recreation and leisure water features o Lap swim facilities o Children’s water play areas o Support buildings and amenities

▪ Including: staff offices, storage space, infrastructure rooms o Deck areas, shade structures, and seating o Circulation and site layout o Staffing requirements compared to current pool o Environmental or permitting considerations o Survey on current City Datum and title work if needed

• Evaluate operational considerations and pros/cons for each concept.

• Develop order-of-magnitude construction cost estimate ranges.

• Add alternate bid item:

o A third, larger pool concept that expands the pool’s footprint either to the west and/or the south

▪ If applicable, providing the design/space impact to the soccer field to the south if a concept includes expanding the pool footprint to the south

Deliverables

• Conceptual plans and graphics

• Concept comparison matrix

• Preliminary concept-level cost estimates

• Concept presentation materials

Phase 3 – Community Engagement: Preferred Concept Direction

The consultant shall conduct a public engagement phase in collaboration with city staff to gather feedback on the conceptual alternatives and determine the preferred design direction.

Tasks

• Initial (1) presentation to City Council, followed by incorporating Council feedback

• Present conceptual alternatives to the community, elected officials, staff, and key stakeholders.

• Facilitate engagement including:

o 1 open house o At least 1 online surveys or feedback tool o At least 1 stakeholder meeting

• Gather feedback on priorities, amenities, and design tradeoffs.

• City staff to make final decision on concept direction

Deliverables

• Public Engagement Summary Report, incorporating 2025 engagement results

• Identification of Preferred Concept Direction

• Refined Aquatic Program and Design Criteria

Phase 4 – Preliminary Design Options (Preferred Concept Refinement)

Based on the preferred concept direction, the consultant shall develop refined preliminary design options.

Tasks

• Prepare two to three refined design options (approximate revised 10% design level) exploring variations of the preferred concept.

• Evaluate variations in:

o Pool configuration specifics o Feature elements o Deck layout o Shade structures o Support buildings (including storage and office space) o Circulation and site amenities o Staffing requirements compared to current pool o Utilities and infrastructure

▪ May include discussions with utility providers o Accessibility and current ADA compliance and considerations o Environmental or permitting considerations

▪ May include discussions with utility providers

• Prepare updated construction cost estimates.

• Develop presentation-ready illustrative graphics and renderings.

Deliverables

• Preliminary design option plans

• Renderings and diagrams

• Updated cost estimates

Phase 5 – Community Engagement Round 2: Design Options Review

The consultant will conduct a second, more limited engagement phase to present refined design options and confirm the final facility configuration.

Tasks

• (1) presentation to City Council, followed by incorporating Council feedback

• Present design options to the community, elected officials, staff and key stakeholders

• Facilitate feedback through staff and stakeholder comments and digital engagement tools

• Facilitate engagement, more limited than Phase 3, including:

o At least 1 online surveys or feedback tool o At least 1 stakeholder meeting

• City staff will decide final direction for the project design

Deliverables

• Public Engagement Summary Report

• Final Design Direction Recommendation

Phase 6 – Schematic Design (30% Design)

The consultant shall prepare schematic design documents based on the selected design direction.

Tasks

• Develop 30% design/schematic plans including:

o Pool layouts and water features o Mechanical and filtration systems o Buildings and support facilities o Site design and landscaping o Accessibility features

▪ May include discussions with utility providers

▪ Develop preliminary utility plan sheets o Environmental or permitting considerations

▪ May include discussions with utility providers

• Coordinate design with City staff and operational requirements.

• All designs, including and after this 30% design phase, must be compliant with all local, state, and federal codes. All designs must consider additional voluntary guidelines and standards and incorporate them where possible. If codes are non-compatible with standards, all designs must comply with codes.

o Applicable codes including but not limited to:

▪ Colorado Department of Public Health and Environment – Water Quality and Control Division – Swimming Pools and Mineral Baths

▪ Virginia Graeme Baker Pool and Spa Safety Act (VGB)

▪ Americans with Disabilities Act (ADA)

▪ IRC / IBC

• 2024 ISPC, IBC, IMC, IPC, ICC A117.1-2017, Colorado LECC

• NEC either 2023 or 2026

• 2024 IFC

▪ (potentially) Municipal Separate Storm Sewer System (MS4) permit o Applicable guidelines/standards:

▪ Model Aquatic Health Code (MAHC)

▪ ANSI/APSP/ICC

• Prepare a 30% construction cost estimate.

Deliverables

• 30% Design Drawings

• City staff review and feedback process

• Outline Specifications

• Updated Project Schedule

• Cost Estimate

Phase 7 – Design Development (60% Design)

The consultant will further refine all project elements and systems.

Tasks

• Develop 60% design/development drawings including:

o Pool layouts and water features o Mechanical and filtration systems o Buildings and support facilities o Site design and landscaping o Accessibility features o Structural systems o Mechanical and aquatic systems o Electrical systems o Architectural elements o Site infrastructure o Utilities and infrastructure

▪ May include discussions with utility providers

▪ Updated utility plan sheets o Accessibility and current ADA compliance and considerations o Environmental or permitting considerations

▪ May include discussions with utility providers

• Coordinate design with City staff and operational requirements.

• Provide updated construction cost estimate.

Deliverables

• 60% Design Documents

• City staff review and feedback process

• Updated Cost Estimate

• Design Development Report

Phase 8 – Construction Document Development (90% Design)

The consultant shall prepare near-final construction documentation.

Tasks

• Prepare detailed construction drawings and technical specifications.

o Pool layouts and water features o Mechanical and filtration systems o Buildings and support facilities o Site design and landscaping o Accessibility features o Structural systems o Mechanical and aquatic systems o Electrical systems o Architectural elements o Site infrastructure o Utilities and infrastructure

▪ May include discussions with utility providers

▪ Updated utility plan sheets o Accessibility and current ADA compliance and considerations o Environmental or permitting considerations

▪ May include discussions with utility providers

• Coordinate design with City staff and operational requirements.

• Provide updated construction cost estimate.

• Conduct coordination meetings with City staff, including a preliminary review with the Building Division.

• Coordinate all disciplines and systems.

• Conduct internal quality control and constructability reviews.

• Present final design to staff

• Present final design to City Council

Deliverables

• 90% Construction Documents

• City staff review and feedback process

• Updated Cost Estimate

• Quality Control Review Documentation

Phase 9 – Final Construction Documents

The consultant shall finalize the construction document package suitable for bidding and permitting.

Tasks

• Address City review comments, including a Building Division/Building Permit review.

• Finalize construction drawings and specifications including, but not limited to:

o Architectural, Mechanical, Electrical, Civil Design, demolition, site plans, drainage plan, utilities, landscaping and irrigation, erosion control, and stormwater management plan

• Prepare final construction cost estimate.

• Coordinate with permitting agencies as needed.

Deliverables

• Final Stamped Construction Drawings

• Final Technical Specifications

• Final Construction Cost Estimate

• Bid-Ready Construction Document Package

• Additional revisions will be required for permitting as needed.

Consultants are encouraged to include optional pricing for ongoing or as-needed design services

(e.g., hourly rates, retainer packages, or rate cards). While not guaranteed, such services may be requested by the City following the initial project award.

1.3.2. Proposed Project Schedule

The City anticipates the project following a schedule similar to the outline below. The outdoor pool season is typically Memorial Day weekend-mid August, followed by weekend-only hours through Labor Day. There are indoor pools open year-round at the Wheat Ridge Recreation Center.

Proposers may suggest alternative schedules if they believe improvements can be made.

Phase Estimated Duration

Project Kickoff and Existing Conditions

1–2 months

Concept Development 2 months

Public Engagement Round 1 1 month

Preliminary Design Options 2 months

Public Engagement Round 2 1 month

Schematic Design (30%) 2 months

Design Development (60%) 2 months

Construction Documents (90%) 2 months

Final Construction Documents 1 month

Total Anticipated Design Timeline: approximately 14–16 months

The selected consultant will be expected to coordinate the schedule with City staff and key decision milestones, including City Council or advisory board presentations if required.

1.3.3. Preliminary Aquatic Facility Program (Typical Components)

The consultant will refine the aquatic program through public engagement; however, proposals should assume the facility may include a mix of the following elements commonly found in modern municipal aquatic facilities.

Core Aquatic Elements

• Lap pool with multiple lanes for lap swimming and swim team use

• Leisure pool with zero-depth entry

• Children's play pool or splash area

• Water slides or aquatic play structures

• Deep-water activity area (optional depending on community preference) o Diving boards are not being considered due to safety concerns

• Certain elements above could be combined within the same physical space

Recreation Features

• Interactive water play features (spray elements, small slides, climbing features)

• Lazy river or current channel (optional)

• Climbing wall or specialty aquatic features (optional)

Deck and Visitor Amenities

• Pool deck seating and lounge areas

• Shade structures and umbrellas

• Picnic areas and group seating o Replace or remove current concession stand and park restroom building

• Lifeguard stations and safety equipment

• Storage for staff, programs, and potentially partner organizations (swim teams)

• Public wifi (likely commercial-grade), with a private network for staff o Aligning with current city network (Meraki wireless)

Support Facilities

• Staff offices and lifeguard break rooms o One private administrative office space large enough for two workstations with internet connection, phone access, and storage space o First aid space (designed for user privacy)

• Equipment and maintenance supply storage

• Mechanical rooms, pool filtration, and treatment systems o High-rate sand filters o Pulsar chlorination systems o BECSys5 chemical controllers o Safe storage spaces to allow for a separated CO2/liquid acid combo feed system o Below-grade installation of all pumps o VFDs o Consideration for delivery access

Site Elements

• Landscaping and shade trees o If possible, preserving existing mature, healthy trees would be prioritized o Including logical additional new trees in the design would also be prioritized

▪ Trees added along the eastern side of the pool footprint would provide additional value as protection from foul balls from the nearby ballfield

▪ Trees along the perimeter, in general, would be prioritized

▪ The City forestry team would review and approve all tree selections

• Accessible pathways and ADA access including ADA-compliant pool lifts

• Safety and security elements, such as security cameras and areas with non-slip surfacing o Cameras consistent with current city system (Verkada)

• Consideration of incorporating reference to original for community nostalgia and continuity

Accessibility and Inclusion

The City encourages the design of a facility that promotes universal accessibility, which may include:

• Zero-depth entry pools

• Accessible water play elements

2. Evaluation Criteria, Evaluation Process

2.1. Evaluation Process

2.1.1. Evaluation Process

Firms will be evaluated not only on their past experience for the type of work involved, but also on their ability to address issues critical to the success of the audit services requirements outlined in this RFP. Submittals should be formatted to correspond exactly to the bullets. Indexes for each of the categories are preferred, in the same order. Additional relevant information is encouraged.

Omissions or incomplete responses in terms of content or aberrations in form may, at the City’s discretion, render the proposal non-responsive. If you would like to incorporate the City marketing logo or City seal in your submittal, please contact: Whitney Mugford-Smith at wmsmith@wheatridge.gov

Proposals submitted in response to this RFP should include:

• Project understanding and approach

• Detailed work plan and methodology

• Public engagement strategy

• Project schedule

• Consultant team organization and roles

• Relevant project experience

• Fee proposal

• References

2.1.2. Selection Process

The selection committee may either recommend an award based on the proposals alone or elect to short-list firms and conduct interviews.

The short-list process includes written notification to the short-listed firms, interviews with firm members, reference checks on the top-ranked firm, and the negotiation of fees.

1. Short List: Submittals will be evaluated in accordance with the evaluation criteria above. The panel will review and score all proposals received. Firms with the highest scores may be invited to participate in oral interviews with the evaluation committee.

2. Oral Interviews: It is anticipated that oral interviews will be conducted in accordance to the schedule below. Short-listed firms will be notified in writing and invited to interview. Key personnel from the firm and major consultants who will be directly involved with the project should attend the interview. The selection committee will, in particular, be interested in knowing more about the firm’s previous experiences, the perceived ability to meet specified deadlines, and the overall project approach, and will appreciate the opportunity to converse with individuals who will act as the primary contacts for the project.

3. Fee Proposals and Final Selection: The City will attempt to negotiate a contract with the highest ranked firm, following the interview process.

2.2. Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Project Understanding and Approach

Demonstrated understanding of the project goals, local community needs, regional conditions, regulatory environment, and aquatic facility design considerations.

Quality and clarity of the proposed methodology and work plan.

Points Based 20 (20% of Total)

2. Relevant Experience

Experience of the firm and project team with similar aquatic facility projects, particularly municipal outdoor pools and community engagement processes.

Points Based 20 (20% of Total)

3. Project Team Qualifications

Qualifications, roles, and experience of key personnel assigned to the project.

Points Based 15 (15% of Total)

4. Public Engagement Strategy

Quality and creativity of the proposed public engagement approach, including strategies for inclusive participation.

Points Based 15 (15% of Total)

5. Project Schedule and Management

Feasibility of the proposed schedule and effectiveness of project management approach.

Points Based 10 (10% of Total)

6. Fee Proposal

Reasonableness and transparency of the proposed fee relative to the scope of work.

Points Based 20 (20% of Total)

3. Administrative and Offeror Information

3.1. Proposal Opening, Evaluation, and Award

There is no public opening. Names of each proposer will be posted on OpenGov. Responses will be examined after opening and will be evaluated based on the evaluation criteria. The firm selected for the award will be chosen based on the qualifications and apparent Best Value to the City. The City reserves the right to make multiple awards if deemed in the best interest of the City. No proposal may be withdrawn for a period of sixty

(60) calendar days of the Proposal Opening date.

3.2. Sales and Use Taxes

Don’t include sales or use tax in your proposal, as the City of Wheat Ridge is exempt from City, County, State, and Federal sales and excise taxes. Certificates will be issued upon request. City of Wheat Ridge Sales Tax

Exempt: 98-03515.

3.3. Proposer Qualifications

No response will be accepted from and no contract will be awarded to any person, firm, or corporation that is in arrears to the City of Wheat Ridge, upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply or service bid upon and that they have the necessary financial resources to provide the proposed supply or service.

3.4. Right to Investigate

The City reserves the right to investigate and confirm the proposer’s financial responsibility and technical ability. This may include financial statements, bank references, and interview with past consultants, employees, and creditors. Unfavorable responses to these investigations are grounds for rejection of the proposal.

3.5. No Commitment by the City of Wheat Ridge

This Request for Proposals does not commit the City of Wheat Ridge to award any costs or to pay any costs, or to award any contract, or to pay any costs associated with or incurred in the preparation of a response to this request, or to procure or contract for services or supplies. In acceptance of proposals, the City of Wheat

Ridge reserves the right to negotiate further with one or more of the contractors as to any features of their proposals, and to accept modifications of the work and price when such action will be in the best interest of the

City. This includes solicitation of a best and final offer from one or more of the proposers.

3.6. Proposal Representation

Each proposer must sign the proposal and shall give his or her full business address on the form provided in this request. Proposals by partnerships shall be signed with the partnership name by one of the members or by an authorized representative. Proposals by corporations shall be signed with the name of the corporation, followed by the signature and designation of the president, secretary, or other person authorized to bind it in the matter and shall have the corporate seal affixed thereto.

3.7. Anti-Collusion Clause

No officer or employee of the City of Wheat Ridge, and no other public official or employee who may exercise any function or responsibilities in the review or approval of this undertaking, shall have any personal or financial interest—direct or indirect—in any contract or negotiation process thereof. The above compliance request will be part of all City of Wheat Ridge contracts for this service.

3.8. Insurance

The successful Proposer(s) will be required to execute Certificates of Insurance to be attached to the executed contract documents and which shall become part of the contract as information documents only. The certificates shall provide that the insurance shall not be cancelled or terminated prior to completion of the work and that thirty (30) days’ notice shall be given the City prior to cancellation of policies.

The successful Proposer shall be required to maintain the following insurance coverage:

Certificate Holder:

City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033

Required

City of Wheat Ridge, its officers and employees must be named as an additional insured to general liability policy.

Required

All policies as required shall provide a waiver of subrogation in favor of City of Wheat

Ridge.

Required

Workers Compensation - statutory limits provided by an insurance carrier that is licensed to do business in Colorado. The policy shall contain a Waiver of

Subrogation on behalf of City of Wheat Ridge.

Employer’s liability:

$100,000 each accident $500,000 disease policy limit $100,000 disease each employee

Required

Commercial General Liability

$1,000,000 each occurrence $2,000,000 general aggregate $1,000,000 personal injury $2,000,000 products and completed operation aggregate

If applicable to the scope of work, the following shall be included:

-No exclusion for abuse or molestation -No exclusion for assault and battery -Liquor liability

Required

Builder’s Risk – The Contractor shall insure 100% of the replacement value of the work and materials installed and delivered, plus the replacement value of the work or materials furnished or delivered but not yet paid for by the City, for the life of the contract on an All-Risk basis, subject to the normal exclusions, terms, and conditions of the standard Builder’s Risk insurance policy with an insurance company or companies acceptable to the City. The Contractor shall be responsible for all damage to the work under construction until acceptance of and release of responsibility for the work to the City.

Not Required

Commercial Automobile Liability – including owned, hired, and non-owned vehicles. (If autos are used in the performance of work under this agreement).

Combined single limit for bodily injury and property damage.

$1,000,000 each accident

Required

Professional Liability/Errors and Omissions

$1,000,000 each claim $1,000,000 aggregate

Required

The insurance requirements specified by the City shall remain in effect for the full term of the contract and/or agreement and any extension thereof. Updated

Certificates of Insurance shall be sent to the City during the full term of the contract and/or agreement and any extension thereof.

Required

Any subcontractors must meet the same insurance requirements for the contract or purchase order unless Procurement has approved a deviation.

Required

3.9. Laws and Regulations

All applicable State of Colorado and Federal laws, City and County ordinances, licenses and regulations shall apply to the award throughout, and herein incorporated here by reference.

The Proposer shall confirm its compliance with the 80% Colorado labor requirement of the Keep Jobs in

Colorado Act, H.B. 13-1292, including C.R.S. 8-17-101,et seq.

3.10. Federally Funded Projects

Proposer must complete and submit the Vendor Qualification Form provided with the RFP. Failure to complete this form and submit with response may result in the disqualification of the proposer. The City’s acceptance of this proposal shall be based on information provided by the proposer in the form. For all federally funded projects, Contractor cannot be banned or debarred, per current sam.gov information at www.sam.gov.

3.11. Accessibility

Proposer(s) and subcontractors and solutions will comply with all applicable provisions of §§24-85-101, et seq., C.R.S., [1] and the Accessibility Standards for Individuals with a Disability, as established by the Office of

Information Technology pursuant to Section §24-85-103(2.5).

Any additional costs to add accessibility features will be the obligation of the Proposer, and any addition or change to the Price Proposal will be disallowed.

3.12. Subcontracting

No portion of this proposal may be subcontracted without the prior written approval of the City.

3.13. Sales Prohibited/Conflict of Interest

No officer, employee, or member of City Council shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies, or services—where such officer or employee exercises

(directly or indirectly) any decision-making authority concerning such sale or has any supervisory authority over the services to be rendered. Soliciting or accepting any gift, gratuity favor, entertainment, kickback, or any items of monetary value from any person who has or is seeking to do business with the City of Wheat Ridge is prohibited.

3.14. Modification of Agreement

No modification of award shall be binding upon the City, unless made in writing and signed by authorized agents of both parties.

3.15. Cancellation

Either party may cancel the award in the event that a petition—either voluntary or involuntary—is filed to declare the other party bankrupt or insolvent, or in the event that such party makes an assignment for the benefit of creditors.

3.16. Equal Opportunity

The successful proposer will agree not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry, or physical handicap.

It shall be a condition that any company, firm, or corporation supplying goods or services must be in compliance with the appropriate areas of the Americans with Disabilities Act of 1990 as enacted, and from time to time amended, and any other applicable Federal regulation. A signed, written certificate stating compliance with the Americans with Disabilities Act may be required, upon request, by the City.

3.17. Disadvantaged Business Enterprises

https://ciwheatridgecous.sharepoint.com/sites/Procurement/Shared%20Documents/Templates/ADA%20Template%20Refresh/www.sam.gov

Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. As a recipient of Federal funds, subject to United States Department of Transportation Title VI Regulations at 49 CFR Part 21 the Civil

Rights Act of 1964, the City of Wheat Ridge and its responsible agents, contractors and consultants assure that no person shall on the grounds of race, color or national origin be excluded from participation in the opportunity to bid or be discriminated against in consideration of award of this project. The Unites States has a right to seek judicial enforcement with regard to any matter arising under Title VI, 49 CFR Part 21.

3.18. Common Language

Unless otherwise specified in this document, all words shall have a common language unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. Additionally, words in the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender. The words

“service provider” “firm,” “bidder,” “vendor,” “offeror,” “contractor,” “consultant,” and “proposer” refer to any person, partnership, corporation, or other entity.

3.19. Proprietary Information

The evaluation committee will hold information provided by proposers during the solicitation process in confidence until the date of an award. After that date, proposals will become public record. Proposers may request parts of their proposals to remain confidential and shall indicate as such in the proposal and on the appropriate proprietary or financial pages. All information included in any proposal that is of a proprietary nature must be clearly marked. The City shall be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the proposing firm. An entire proposal shall not be considered proprietary.

3.20. Competitiveness and Integrity

The Procurement Office maintains control of its internal and third-party communications during the procurement process to prevent biased evaluations and compromises of confidential information, and to preserve the competitiveness and integrity of such procurement efforts. Proposers should not disclose their pricing to any employees of the City other than the contract representative. Attempts by proposers to establish informal communication channels regarding this procurement will be viewed negatively and shall result in rejection of the offending firm’s offer.

3.21. Proposal Format

All responses to this Request for Proposals shall use the respondent’s format, except for those pages which have blanks to be filled in by the respondent, or those pages marked for return with proposal. A proposal can be rejected by the City if the submitting firm fails to completely fill in all blanks for evaluation of the proposal or fails to answer all questions. Proposals should be submitted initially on the most favorable terms. All proposals shall be prepared in a comprehensive manner as to content; however, no necessity exists for expensive binders or promotional materials. All costs—including travel and expenses incurred in the preparation of this proposal—shall be borne solely by the proposer.

3.22. Proposal Rejection and/or Partial Acceptance

The City reserves the right to the following:

• Reject any and all proposals.

• Accept other than the lowest price.

• Waive minor defects or technicalities, formalities, and informalities.

• Accept in whole or in part such proposal where it is deemed advisable.

• Make an award on the basis of the apparent greatest benefit to the City of Wheat Ridge.

• Alter the scope of work reasonably until a contract is executed.

3.23. Governing Law

The laws of the State of Colorado shall govern any contract executed between the successful contractor and the City. Further, the place of performance and transaction of business shall be deemed to be in the County of

Jefferson, State of Colorado. In the event of litigation, the exclusive venue and place of jurisdiction shall be the

State of Colorado—more specifically, Jefferson County, Colorado.

3.24. Escalation

All prices/fees/wages offered in response to this RFP shall be firm against any increase for one (1) year after acceptance by the City. For subsequent periods, the City reserves the right to accept or reject the request for a price/fee/wage increase prior to the renewal option period. If the price/fee/wage increase is approved, prices will remain firm for a year from the date of increase, at a minimum.

3.25. Ownership of Contract Products

All products produced from the awarded contract shall be the sole property of the City.

3.26. Funding

There is in effect within the City of Wheat Ridge, Colorado, Section 2-4 of the City’s Code of Laws which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid award. Funding of any awarded contract for any time period after January 1st of the year succeeding the date of entry is expressly contingent upon appropriations being made by the City Council of the City of Wheat Ridge, Colorado. No promise—expressed or implied—is made that such funding will be approved by the City Council, acting in its legislative discretion.

3.27. Independent Contractor

The consulting firm is an independent contractor. Notwithstanding any provision appearing in this RFP, all personnel assigned by the firm to perform work under the terms of this RFP and any subsequent agreement shall be—and remain at all times—employees or agents of the firm for all purposes. The proposer shall make no representation that it is the employee of the City for any reason.

3.28. Employment of Labor

The Proposer and each of the approved sub-consultants shall hire qualified workers for the project who are citizens of the Unites States or legal resident aliens with first preference being given, insofar as practicable, to those having served in the armed forces of the United States and having been honorably discharged or released from active duty therein.

3.29. Due Diligence

Due care and diligence have been used in the preparation of this information and it is believed to be substantially correct. The responsibility, however, for determining the full extent to the exposure and the verification of all information shall rest solely with the proposer. The City is not responsible for any errors or omissions in the specification, or for the failure on the part of the proposer in determining the full extent of exposure.

3.30. Debriefing

After the project award has been made, vendors may contact the City Procurement Manager to request a debriefing on the selection process, as well as a discussion of the strengths and weaknesses of their firm’s proposal.

3.31. Contractor Performance Feedback

The City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’s performance and issue a determination as to whether the City should award the vendor future City contracts.

All contracts will need to be considered as part of the requirement. The following criteria will be evaluated annually for renewable contracts and at contract closeout for one-time agreements:

1. Work completed on time

2. Work completed within budget

3. Work completed as per the Scope of Work

4. Future awards recommendation

3.32. Sample Documents

A sample agreement and invoice are provided in the RFP documents for informational purposes only. Do not complete or enclose with your submission.

THANK YOU FOR YOUR INTEREST IN DOING BUSINESS WITH THE CITY OF WHEAT RIDGE

4. Vendor Response

4.1. Vendor Questionnaire

1. ACKNOWLEDGEMENTS

1.1. Non-Discrimination Assurance Title VI Regulations at 49 CFR Part 21*

Title VI of the Civil Rights Act of 1964 prohibits discrimination of the basis of race, color or national origin by any entity receiving Federal financial assistance.

The City of Wheat Ridge is a recipient of Federal financial assistance and as such, it—as well as all of its responsible agents, contractors and consultants—is required by the United States Department of

Transportation Title VI Regulations at 49 CFR Part 21 (the Regulations) to assure nondiscrimination. The City of Wheat Ridge assures that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, or national origin under any program or activity conducted by the City.

All bidders are hereby notified that the City of Wheat Ridge will affirmatively ensure that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. This applies to all solicitations for bids for work or material subject to the Regulations, and for all proposals for negotiated agreements.

By clicking "Please confirm" below, the bidder agrees as follows:

1. The bidder shall comply with the provisions of Title VI of the Civil Rights Act of 1964.

2. The bidder assures the City of Wheat Ridge that disadvantaged business enterprises are afforded full opportunity to submit bids as sub-contractors or sub-consultants and will not be discriminated against on the grounds of race, color or national origin in consideration for award.

3. The bidder shall comply with all reasonable requests made in the course of an investigation of Title VI, the Regulations and this assurance by the Colorado Department of Transportation, the US Department of Transportation or the City of Wheat Ridge, as a sub-recipient of Federal financial assistance.

4. The bidder agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under Title VI, the Regulations and this assurance.

☐ Please confirm

*Response required

1.2. Non-Collusion Affidavit*

The Contractor, of lawful age, being duly sworn, on oath says that (s)he is the agent authorized by the Bidder to submit the attached bid. Affidavit further states that the Bidder has not been a party of any collusion among

Bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or any Federal, State or Municipal official or employees as to quantity, quality, or price in the prospective

Contract, or any other items of said prospective Contract; or in any discussions between bidders and any

Federal, State or Municipal official concerning exchange of money or other thing of value for special consideration in the letting of a Contract.

☐ Please confirm

*Response required

1.3. Contractor acknowledges they:*

1. Have read the RFP documents thoroughly prior to submitting a proposal,

2. Will fulfill the obligations in accordance to the scope of work or specifications, terms, and conditions,

3. Are capable of performing quality work to achieve the City objectives, and

4. Are submitting without collusion with any other individual or firm.

By clicking "Please confirm" the contractor agrees to the above.

☐ Please confirm

*Response required

2. OWNERSHIP/MANAGEMENT, PROJECT MANAGEMENT, SUPERVISORS, AND RELATED

ENTITIES

2.1. Principle In Charge Name*

*Response required

2.2. Principle in Charge Email*

2.3. Type of Business Organization*

☐ Sole Proprietorship

☐ Corporation

☐ Partnership

☐ Limited Partnership

*Response required

2.4. State in which incorporated

2.5. Joint Venture

2.6. Contact Information*

Name, position, and address of contract person regarding the information on this form.

*Response required

2.7. Number of years your firm has done business under current name?*

*Response required

2.8. Previous Names or Partnerships

Previous firm names and / or partnerships (or firms you have had any interest in), and number of years of each name

3. CONTRACTING HISTORY

3.1. Major Account History*

Attach a list of all major accounts for the past two (2) years. For each account indicate the following:

• Original contract bid amount

• Owner (address, telephone number, and contact name)

• Account services provided

• Litigation or claims related to each project—state nature of claim(s), the parties, the dollar value, the status and outcome—including the value of any judgment(s) or settlement(s)

• Name, address, and phone number(s) of reference(s)

*Response required

3.2. Company Availability*

List major equipment, facilities, number and type of employees available for City contract work. Specify type of work normally done by your forces, and type of work you normally subcontract.

*Response required

3.3. Have you ever terminated or abandoned any work prior to completion, or had work completed by others?*

☐ Yes

☐ No

*Response required

When equals "Yes"

3.3.1. If yes, describe the situation*

3.4. Has your firm—or any firm you have had any interest in—ever been debarred or prohibited from contract work with any government or private institution?*

☐ Yes

☐ No

*Response required

When equals "Yes"

3.4.1. If yes, describe the situation:*

*Response required

3.5. City Staff will evaluate all qualification forms. The evaluation will include the following:*

• Verification of statements and information provided

• Ability to perform work of similar nature

• Financial stability and capability

• Any pattern of controversy, poor management, delayed claims, late completion, inferior service or equipment, or other undesirable characteristics

This qualification process is not intended to restrict competition. The intent is to protect the City’s legitimate interests by ensuring that vendors are competent, capable of quality work, and financially able to complete the work awarded.

☐ Please confirm

*Response required

4. COMPLIANCE WITH LAWS AND OTHER REGULATIONS

If “Yes” is answered to any of the following questions in Sections IV, V, or VI, please provide details—including a brief summary of cause(s) of action, indicating if applicant firm, owner, or affiliate firms were plaintiffs (P) or defendants (D); define charges explicitly, identifying by what authority, court, or jurisdiction charge(s) were made. Complete details are required.

NOTE: For Sections IV and V below, the definition of an “investigation” includes:

• An appearance before a grand jury by representatives of the firm

• Any oral or written inquiry or review of the firm’s documents by a governmental or law enforcement agency or investigative agency

• Questioning of employees concerning the general operation or specific activities of the firm

4.1. Public Benefit

I, the vendor, swear or affirm under penalty of perjury, and under the laws of the State of Colorado, that: (select an option below)

I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that State law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn Affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under C.R.S. 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received.

☐ I am a United States citizen

☐ I am a permanent resident of the United States

☐ I am lawfully present in the United States, pursuant to Federal law.

4.2. Acceptance of Conditions Statement*

City of Wheat Ridge prohibits contracting with firms that employ certain relatives of City employees, unless the

City Council determines that the making of such a contract is in the City’s best interest. No City Council member, member of a City Board or Commission, Municipal judge, City Manager, City attorney(s), or employee of the City of Wheat Ridge—or any such person’s spouse, child, parent, brother, sister, dependent or person assuming a relationship being the substantial equivalent of the above—has an existing or pending

(direct or indirect) financial, pecuniary, or personal interest in the proposing firm or this Request for Proposal

(RFP)

☐ Please confirm

*Response required

5. References

5.1. Reference Authorization*

I authorize the City of Wheat Ridge to contact the following listed references.

☐ Please confirm

*Response required

5.2. Reference #1*

Reference Contact Name

*Response required

5.3. Company Name*

*Response required

5.4. Email*

*Response required

5.5. Phone Number*

*Response required

5.6. Project Information*

Brief overview of projected completed.

*Response required

5.7. Reference #2*

Reference Contact Name

*Response required

5.8. Company Name*

*Response required

5.9. Email*

5.10. Phone Number*

5.11. Project Information*

Brief overview of projected completed.

*Response required

5.12. Reference #3*

Reference Contact Name

*Response…