Anderson_Pool_Replacement_Owner's_Representative.pdf

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REQUEST FOR PROPOSAL

26-42 - Anderson Pool Replacement Owner's Representative

Submission Due Date Thursday, July 23, 2026 by 12:00 am Mountain Time

Documents Prepared by:

Procurement & Contracts Division

On behalf of

Parks & Recreation

Anticipated Key Dates

RFP Issued June 30, 2026

Pre-Proposal Meeting / Conference (Non-Mandatory)

July 14, 2026, 10:00am Join:

https://teams.microsoft.com/meet/2277227419

44242?p=KzdqJXl95clAMKjtrK Meeting ID: 227 722 741 944 242 Passcode: BF6iT3Vv

Question Acceptance Deadline July 16, 2026, 2:00pm

Proposals Due by July 23, 2026, 12:00am

Anticipated Contract Date August 25, 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/227722741944242?p=KzdqJXl95clAMKjtrK https://teams.microsoft.com/meet/227722741944242?p=KzdqJXl95clAMKjtrK

Request For Proposal -26-42-Anderson Pool Replacement Owner's Representative

Table Of Contents

1. Introduction, Background, Scope of Work

1.1. Introduction

1.2. Background

1.3. Scope of Work

2. Evaluation Process & Criteria

2.1. Evaluation Process

2.2. Evaluation Criteria

3. Administrative and Offeror Information

3.1. Proposal Opening, Evaluation, and Award

3.2. Sales & Use Tax

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. Indemnification

3.9. Insurance

3.10. Laws and Regulations

3.11. Federally Funded Projects

3.12. Accessibility

3.13. Subcontracting

3.14. Sales Prohibited/Conflict of Interest

3.15. Modification of Agreement

3.16. Cancellation

3.17. Termination of Award for Cause

3.18. Termination of Award for Convenience

3.19. Equal Opportunity

3.20. Disadvantaged Business Enterprise

3.21. Common Language

3.22. Proprietary Information

3.23. Competitiveness and Integrity

3.24. Proposal Format

3.25. Proposal Rejection and/or Partial Acceptance

3.26. Governing Law

3.27. Taxes and Licenses by the Awarded Contractor

3.28. Prompt Payment Discounts

3.29. Reserved.

3.30. Ownership of Contract Products

3.31. Funding

3.32. Independent Contractor

3.33. Employment of Labor

3.34. Due Diligence

3.35. Debriefing

3.36. Security Access Cards

3.37. Cooperative Procurement

3.38. Vendor Performance Feedback

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 Owner’s Representative firms to manage the

Anderson Pool replacement project throughout the design, demolition, and construction phases. Anderson

Pool is located at Anderson Park: 4355 Field St. Wheat Ridge, CO 80033. It is anticipated that the Owner’s

Representative will be selected in August 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. Project Overview

The City of Wheat Ridge is seeking proposals from qualified Owner’s Representative firms to manage the

Anderson Pool replacement project throughout the design, demolition, and construction phases. Anderson

Pool is located at Anderson Park: 4355 Field St. Wheat Ridge, CO 80033. It is anticipated that the Owner’s

Representative will be selected in August 2026.

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.

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).

The selected Owner's Representative firm will manage the project in collaboration with the design firm

(anticipated contract award in July 2026) the City of Wheat Ridge, and the eventual selected construction firm.

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.

1.3.2. All Phases: General & Project Planning

• Set up and manage Project Management Online Software, including shared documents, contacts, and secure access requirements.

• Establish Owner's Representative as the central point of contact for coordinating all project activities, including the process for approvals, maintenance of project records, responses to inquiries from consultants, suppliers, and contractors, transfer of information to decision-makers, coordination of project information flow, and progress reports to the Owner.

• Represent the Owner at regular project meetings and provide advice that will help facilitate economic, efficient, and desirable development and construction procedures. Track project-related issues, assign responsibility and track follow-through.

• Act as liaison between the project team members and assist in the obtaining of building permits, other governmental approvals, authorizations, and sign-offs as necessary for the design, construction, and operations of the Project.

• Establish a process by which all changes can be priced, submitted, reviewed, and added or subtracted from the project cost. Review and submit, with recommendations, all requests for payment under vendor agreements, provided that all such payments shall be subject to Owner approval. Coordinate with the Owner's finance and accounting departments on related budget and financial matters.

• Submit to the Owner suggestions or changes that could improve the design or reduce costs.

• Maintain electronic files for the Owner.

• Review the options for project delivery methods based on program needs and recommend an approach.

• Manage the overall project budget to ensure the financial objectives are met.

• Establish a project schedule that coordinates project funding with contract, city budget, bidding and contract award, and cashflow commitments.

• Provide regular project status updates to the Parks and Recreation Department and to other key City staff as needed.

• Work directly with staff and leaders from the City of Wheat Ridge to define the project requirements.

• Confirm infrastructure and site requirements for the site and lead the City through any associated entitlement work related to the site.

o This includes coordination through the planning processes for all involved jurisdictions and utilities, such as fire, power, and water.

1.3.3. Contract Management and Communication

• The Owner’s Representative firm will manage pay applications, change directives, change orders, RFIs, submittals, and other documents that are managed timely and effectively to avoid delays in project delivery.

• The Owner’s Representative firm will work with its representatives to process all job documentation through an established document management and control system.

• Clear communication related to project activities; including cost control, schedule control, budget, and quality issues as they arise.

• Lead project kick-off meeting with City Staff and key stakeholders.

• Work with the Owner and design team to understand project goals and objectives.

• Analyze the site documentation (existing and new).

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

1.3.4. Design

• Review Design Team agreement and scope.

• Work with the Owner and design team and/or to generate a program outlining space and square footage requirements.

• Oversee conceptual design diagrams for the floor plan and site.

• Generate a milestone schedule for the proposed project.

• Oversee the daily tasks and ensure design milestones are met.

• The Owner’s Representative will work with the design firm and City staff ensure the project is designed to specifications, to code, to standards, within budget, and overall to ensure the best possible version of the project is designed.

• The Owner’s Representative will work with the design firm and City staff to define and address the site development requirements, including items such as utilities, staff and user safety considerations, recreation amenities, shade, staff spaces, and more.

• Conduct regular design meetings with the selected design firm and City staff.

• Lead public engagement efforts in coordination with the selected design firm and City Staff.

• Review concept and design packages in collaboration with City staff to make changes and improvements.

• Provide interpretation of plans and specifications.

• Review existing documentation and data, manage existing data, and new project data.

• Discuss Project with the Owner to review the critical information gathered related to the Project and analyze strategies for the Project's success.

• Review proposed cost estimates and construction bidding documents in collaboration with City staff to make changes and improvements.

• Work with network of general contractors and industry experts to refine costs related to the project.

• Work with design team estimator or General Contractor to track estimates and cost-saving options to align with the project budget.

• Analyze and present the construction delivery methods for the proposed project.

• Monitor generation of final report and co-present it to Department leadership, the Parks and Recreation

Commission, and City Council.

• Work with the design team and Owner to prepare them for and attend public engagement meetings in collaboration with city staff to gather feedback on the conceptual alternatives and determine the preferred design direction.

1.3.5. Construction Firm Procurement

• Manage general contractor selection process, including generating RFPs, checking references, analyzing fees, managing the interview process, and attending interviews.

• Manage the procurement of the material testing firm.

• Monitor the procurement process, led by the design team, of procurement of the FF&E required for the

Project.

1.3.6. Demolition and Construction

• Confirm that the permit process is completed prior to the start of construction.

• Coordinate and review any modifications to pricing with the Owner.

• Review insurance and bonding requirements.

• Review subcontractor bids and process and confirm that a competitive process has been followed in obtaining bids from subcontractors, assist in the review of bids and subcontractor selection, and take necessary action such that subcontractors are properly insured.

• Issue final approval of Guaranteed Maximum Price or hard bid award.

• Oversee the daily tasks and ensure demolition and construction milestones are met.

• The Owner’s Representative will work with the construction firm, design firm (who will manage

Construction Administration), and City staff ensure the project is built as designed, to specifications, to code, to standards, within budget, and overall to ensure the best possible version of the project is built.

• Conduct regular design meetings with the selected construction firm, design firm, and City staff.

• Assist with project update public messaging in coordination with the selected construction firm, design firm, and City Staff.

1.3.7. Close Out and Post-Construction

• Monitor the moving of new/old/stored furnishings and equipment into the completed facility.

• Monitor the creation of the design team punch list monitor progress and completion of corrective work identified on the punch list.

• Recommend to the Owner the approval of the issuance of the Certificate of Substantial Completion.

• Provide recommendation to the Owner regarding the final acceptance of the Project and release of final payment to the contractor(s).

• Monitor the turnover of stock supplies of materials as specified by the contract documents.

• Monitor the preparation of operations, maintenance manuals, and as-built plans and specifications on behalf of the Owner.

• Facilitate contractor's training of appropriate; Owner selected facilities staff members on subjects of operations and maintenance.

1.3.8. Warranty Period

• Assist the Owner with determining the warranty period. If an extended warranty is considered, assist the Owner with understanding the cost and value associated with extended warranties to evaluate the value and additional cost.

• Schedule and monitor the 11-month warranty walkthrough with the design team if the warranty is a minimum of 1 year.

• Assist the Owner with building issues/complaints and determine the necessary steps to take to address these items. Address warranty items to confirm the requirements of the warranty are met.

• Provide status reports to the Owner summarizing progress, schedule and cost status, major decisions, changes and other key project information affected through the warranty period.

1.3.9. Other Considerations: Preliminary Aquatic Facility Program (Typical Components)

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 structure

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

• Certain elements above could 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 Wi-Fi (likely commercial-grade), with a private network for staff o Aligning with current 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 camera and area with non-slip surfacing o Cameras consistent with current city system (Verkada) and providing thorough coverage o Restricted access consistent with current city system (Genetec)

• 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

1.3.10. 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.

Phase Estimated Duration

Public Engagement and Design 12-16 months

Budget Alignment and potential

Budget Development

3 months-3 years

Construction Firm Competitive

Procurement

3 months

Demolition 1-3 months

Construction 8-12 months

Total Anticipated Project Timeline: TBD based on budget availability for construction, but at minimum 12 months for design and an additional 9+ months for demolition and construction. While the City feels confident that funding will be available to move swiftly from design to construction, the possibility of a significant gap between design phase and construction phase exists, depending on city budget funds.

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.

2. Evaluation Process & Criteria

2.1. Evaluation Process

2.1.1. Proposal Requirements

Proposals submitted in response to this RFP should include:

• Project understanding and approach

• Detailed work plan and methodology

• Project schedule

• Owner’s Representative team organization and roles

• Relevant project experience

• Fee proposal

• References

2.1.2. 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. Proposals will be evaluated by a City selection committee based on the criteria listed below. The City may invite top-ranked firms to participate in interviews prior to final selection. Submittals should be formatted to correspond exactly to the bullets. 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.

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 and construction considerations. Quality and clarity of the proposed methodology and work plan.

Points Based 20 (20% of Total)

2. Relevant Experience

Experience of the firm with similar aquatic facility projects, particularly design and construction of municipal outdoor pools along the Front

Range 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. Project Team Coordination Strategy

Experience and success with effectively coordinating efforts between the project design firm, project construction firm, and project owner (City in this case).

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 the city website. Proposals 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 apparent Best Value to the City and not necessarily based on lowest price. 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 & Use Tax

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 proposal 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. 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 proposal 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 proposal. 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. Indemnification

Contractor hereby indemnifies and agrees to hold the City and its representatives and agents harmless for and on account of any act or omission of the Contractor in the execution and completion of the project specified herein, and this indemnification shall extend to and include Bodily Injury, Property Damage or Personal Injury, including compensatory, economic, punitive or special damages suffer by any person or entity in connection with the project. Contractor agrees to defend the City hereunder and indemnify the City, to include all court costs and attorney’s fees incurred in any defense required to be undertaken by the City as a result of the actions of the Contractor on the project. Notwithstanding the foregoing, nothing contained herein shall be deemed a waiver by the City of any of the protections afforded the City by virtue of the provisions of the

Colorado governmental Immunity Act (Colo. Rev. Stat. 24-10-101).

3.9. 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

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

3.10. 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.

3.11. Federally Funded Projects

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

3.12. Accessibility

Contractor(s) and solutions complies 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). Contractor also complies with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1, as described in State of Colorado

Technical Standard TS-OEA-002, Technology Accessibility for Web Content and Applications when developing solutions for the state.

The Contractor agrees to indemnify, save, and hold harmless the state, its employees, agents and assignees

(collectively, the “Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified

Parties in relation to the Contractor’s failure to comply with §§24-85-101, et seq., C.R.S., or 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 Contractor, and any addition or change to the Price Proposal will be disallowed.

3.13. Subcontracting

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

3.14. 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.

3.15. 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.

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

3.16. 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.

3.17. Termination of Award for Cause

If through any cause the successful proposer shall fail to fulfill in a timely and proper manner its obligations, or if the successful proposer shall violate any of the covenants, agreements, or stipulations of the award, the City shall thereupon have the right to terminate the award by giving written notice to the successful proposer of such termination—specifying the effective date of termination. In that event, all finished or unfinished services, reports, or other materials prepared by the successful proposer shall—at the option of the City—become its property, and the successful proposer shall be entitled to receive just, equitable compensation for any satisfactory work completed, or prepared documents/materials furnished.

Notwithstanding the above, the successful proposer shall not be relieved of liability to the City for damage sustained by the City by virtue of breach of the award by the successful proposer, and the City may withhold any payments to the successful vendor for the purpose of set-off, until such time as the exact amount of damages due the City from the successful proposer is determined.

3.18. Termination of Award for Convenience

The City may terminate the award at any time by giving written notice to the successful vendor of such termination (specifying the effective date thereof) at least thirty (30) working days before the effective date of such termination. In that event all finished or unfinished services, reports, materials(s) prepared or furnished by the successful proposer under the award shall—at the option of the City—become its property. If the award is terminated by the City as provided herein, the successful vendor will be paid an amount which bears the same ratio to the total compensation as the services actually performed or material of compensation previously made. If the award is terminated due to the fault of the successful proposer, termination of award for cause relative to termination shall apply.

3.19. Equal Opportunity

The successful firm 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.

3.20. Disadvantaged Business Enterprise

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.

3.21. 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

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

3.22. 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.

3.23. 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.

3.24. Proposal Format

All responses to this Request for Proposal 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. Proposal 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.

3.25. 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 and RFQ documents until a contract is executed.

3.26. 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.

3.27. Taxes and Licenses by the Awarded Contractor

The contractor shall promptly pay—when they are due—all taxes, excises, license fees, and permit fees of whatever nature applicable to work which it performs under this agreement and shall take out and keep current all required municipal, County, State or Federal licenses required to perform this work. Additionally, the contractor shall furnish the City—upon request—duplicate receipts or other satisfactory evidence showing or certifying to the proper payment of all required licenses and taxes. Contractor shall promptly pay—when due— all bills, debts, and obligations it incurs performing work under this agreement, and to allow no lien, mortgage, judgment, or execution to be filed against land, facilities, or improvements owned by the City.

3.28. Prompt Payment Discounts

In determining the most responsive price proposal(s) the City will consider all acceptable proposals on a basis of the net price to be paid after deduction of the discount specified in the respective proposals. Prompt payment discounts allowing less than 10 days for the discount to apply shall not be considered as a cost factor in the evaluation of proposals. In connection with any prompt payment discount offered, time will be computed from date of receipt of a correct invoice to include the receipt and acceptance of performance.

3.29. Reserved.

Reserved.

3.30. Ownership of Contract Products

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

3.31. 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. The contractor is specifically advised of this Section

2-4 of the Code of Laws. This contract is specifically subject to the provisions of said Code Section. Funding of this contract for any time period after January 1st of the year succeeding the date of entry of this contract 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.

3.32. 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 firm shall make no representation that it is the employee of the City for any reason.

3.33. Employment of Labor

The Consultant 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.

The Consultant shall employ only competent persons to do the work, and whenever requested in writing by the

City Representative, the Consultant shall discharge any person who commits trespass or in, in the opinion of the City Representative, disorderly, dangerous, unfaithful, insubordinate, incompetent or otherwise unsatisfactory.

3.34. 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.

3.35. Debriefing

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

3.36. Security Access Cards

The City will issue security access cards to assigned workers. It will be at the discretion of the City to determine if the access cards are issued specifically for each worker, or if a guest card will be issued.

3.37. Cooperative Procurement

The City of What Ridge encourages and participates in cooperative procurement endeavors undertaken by or on behalf of other governmental agencies including the Multiple Assembly of Procurement Officials (MAPO) and the Cooperative Educational Purchasing Council (CPEC).

We hereby request that and 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

Wheat Ridge is not a legally binding party to any contractual agreement made between another governmental entity and the successful vendor as a result of this solicitation. The City shall not be liable for any costs or damages incurred by any other entity.

3.38. Vendor 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:

a. Work completed on time

b. Work completed within budget

c. Work completed as per the Scope of Work

d. Future awards recommendation

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*

*Response required

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*

*Response required

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…