City_Employee_Benefits.pdf

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City Employee Benefits
Solicitation number
26-22
Issued by
Jefferson County, Weston CDP, Colorado

About this file

This is a Request for Proposals (RFP) issued by the City of Wheat Ridge, Colorado, for comprehensive brokerage and consulting services for the City's employee insurance benefits program. The City seeks a qualified consultant to provide strategic design, implementation, evaluation, administration, and ongoing maintenance of employee benefit plans serving approximately 275 benefit-eligible employees. The selected firm will serve as a strategic partner providing guidance on benefits strategy, plan design, cost management, regulatory compliance, and industry best practices. Current benefit offerings include medical insurance through United Healthcare and Kaiser Permanente, dental through Dental Dental, vision through VSP, prescription coverage through CVS Caremark, and supplemental benefits including life insurance through The Standard, disability through Unum, and various wellness programs. The RFP was issued on April 9, 2026, with a question acceptance deadline of April 17, 2026, at 2:00 PM Mountain Time and proposals due by May 1, 2026, at 2:00 PM Mountain Time via the City's OpenGov Procurement portal. The anticipated contract date is May 12, 2026. The contract term is one year with the option to renew for four additional one-year periods, with benefits renewal occurring annually on January 1.

The evaluation process includes Phase 1 scoring based on seven criteria: ability to negotiate effective benefit programs (14 points), relevant experience and expertise (14 points), technical knowledge and online enrollment support (15 points), account team accessibility and location (14 points), qualifications of assigned personnel (14 points), proactive support and industry communication (14 points), and pricing and overall cost-effectiveness (15 points). Phase 2 includes oral interviews scored on a 0-10 point scale. The City may short-list firms for interviews and will attempt to negotiate with the highest-ranked firm following the interview process. Pricing shall remain firm for one year after acceptance, with subsequent renewal periods subject to the City's acceptance or rejection of price increase requests, limited to no more than one rate adjustment per contract term and not exceeding 10 percent of original costs. The contract requires Professional Liability/Errors and Omissions insurance of $1,000,000 per claim and $1,000,000 aggregate, Commercial General Liability of $1,000,000 per occurrence, and other standard insurance coverages. The City of Wheat Ridge is exempt from sales and use taxes. All contract products become the sole property of the City, and contractor performance will be assessed annually for renewable contracts based on timeliness, budget adherence, scope compliance, and future award recommendations.

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REQUEST FOR PROPOSALS

26-22 - City Employee Benefits

Submission Due Date

Friday, May 1, 2026 by 2:00 pm Mountain Time

Documents Prepared by:

Procurement & Contracts Division

On behalf of

HR

Anticipated Key Dates

RFP Issued April 9, 2026

Question Acceptance Deadline April 17, 2026, 2:00pm

Proposals Due by May 1, 2026, 2:00pm

Anticipated Contract Date May 12, 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.

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 is seeking a responsible and qualified consultant to provide comprehensive brokerage and consulting services for the City's employee insurance benefits program. Term shall be for one (1) year with the option to renew for four (4) additional one-year periods. Services are expected to include, but are not limited to, the strategic design, implementation, evaluation, administration and ongoing maintenance of the employee benefit plans.

The firm selected with be a strategic partner to the City, providing guidance on benefits strategy, plan design, cost management, regulatory compliance, and industry best practices. The firm will assist the City in evaluating and optimizing its benefits to ensure they remain competitive, cost-effective, and aligned with the City's goals and employee's neeeds.

RFP Issued: April 9, 2026

Question Acceptance Deadline: April 17, 2026, 2:00pm

Proposals Due by: May 1, 2026, 2:00pm

Anticipated Contract Date: May 12, 2026

1.2. Background

NO VALUE

1.3. Scope of Work

1.3.1. Scope of Work

As of the 2026 benefits enrollment period, the City of Wheat Ridge has approximately 275 benefit-eligible employees. The City is committed to maintaining a competitive, comprehensive benefits program that supports the health and well-being of its employees. The City renews benefits annually with an effective date of January

1.

Current Benefit Offerings:

• Medical Insurance o United Healthcare PPO o United Healthcare HDHP o Kaiser Permanente HMO o Kaiser Permanente HDHP

• Dental o Provided through Dental Dental

• Vision o Provided through VSP

• Prescription o CVS Caremark (United plans only)

• HSA and FSA o Provided through Alerus

• COBRA

o Provided through Alerus

• Employee Assistance Program (approximately all 500 City employees are eligible for EAP) o Provided through Triad

• Life Insurance, Disability Insurance, and Supplemental Benefits o Basic Life and Accidental Death & Dismemberment and Dependent Life

▪ The Standard o Voluntary Life

▪ The Standard o Short-Term and Long-Term Disability

▪ Unum o Accident and Critical Illness

▪ Allstate o Legal and ID Theft Protection

▪ Legal Shield & ID Shield

• Other Supplemental Benefits o Lantern o Teladoc o Healthcare Bluebook o Omada o Cancer Resource Services o Maternity Care Program o Wellness Apps o Via Benefits o Travel Assistance

The City of Wheat Ridge is seeking a qualified benefits broker/consultant to provide a comprehensive range of services related to the design, implementation, administration, communication, and ongoing evaluation of its employee benefits program.

The selected firm will serve as a strategic partner to the City and will be expected to provide the following services, including but not limited to:

1. Plan Administration Support: Assist the City with the administration of all group insurance plans by responding to employee inquiries, preparing reports, providing total compensation statements, and offering ongoing consulting and support throughout the plan year.

2. Regulatory Compliance & Industry Insight: Monitor and advise the City on new and pending legislative developments, regulatory requirements, and emerging trends affecting employee benefits and employer-sponsored plans.

3. Claims Analysis & Optimization: Analyze claims experience and claims administration to evaluate plan performance, identify cost drivers, and recommend strategies to improve plan efficiency and value.

4. Funding Strategy Recommendations: Evaluate and recommend cost-effective and sustainable funding strategies for the City's benefits program, including analysis of alternative funding arrangements when appropriate.

5. Carrier Negotiations: Represent the City in negotiations with insurance carriers regarding premium rates, plan design, benefit structures, and other contractual terms to secure competitive and advantageous arrangements.

6. Reporting & Stakeholder Communication: Provide regular reports and strategic updates to the Human

Resources team on plan performance, market conditions, and program improvement recommendations.

7. Program Implementation & Employee Communication: Assist with the implementation of new benefits programs or modifications to existing plans, including development of communication materials and participation in employee meetings and open enrollment events.

8. RFP Preparation & Bid Evaluation: Upon request, prepare bid specifications and solicit proposals from qualified insurance carriers. Assist the City in evaluating proposals based on criteria including administrative capabilities, claims management, customer service, provider networks, financial stability, and overall value.

9. COBRA Administration Support: Provide guidance and support related to COBRA administration to ensure compliance with applicable regulations and proper communication with eligible participants.

10. Issue Resolution & Carrier Liaison: Serve as a liaison between the City and insurance carriers to assist in resolving issues related to claims, billing, eligibility, and general plan administration.

Respondents are requested to provide detailed and complete responses to the following:

General Information

• Firm name, address, and contact information

• Primary point of contact

• Principals and Officers

• Type of firm (individual, partnership, corporation or subsidiary)

• Organization structure and firm history: Include the number of years in operation, the number and location of offices, and the total number of employees.

• Local service capability: Describe your firm's ability to provide local support to offices in Wheat Ridge, Colorado.

• Certifications and licenses

Experience and Client References

• Years of experience: Indicate the number of years your firm has provided health, dental, life and vision benefits consulting services to municipalities or other public sector organizations.

• Relevant clients: List public agencies your firm has serviced within the last three years. Include agency name, number of employees, and contact infromation

• Industry knowledge: Describe your firm's experience, resources, and understanding of the municipal or government sector, including familiarity with public sector benefit requirements and best practices.

Team Qualifications

• Service team: Identify the individual(s) who will serve the City account and describe their responsibilities, experience, and qualifications.

• Account management philosophy: Outline your firm’s philosophy on account service, including your approach to customer service, quality assurance, and proactive client support.

Value-Added Services

• Education and best practices: Describe how your firm provides education to clients on industry trends, emerging topics, and best practices.

• Legislative support: Explain your firm’s legal and regulatory research capabilities and how legislative or regulatory changes are communicated to clients.

• Underwriting capabilities: Describe your firm’s underwriting procedures, resources, and staffing support.

• Renewal process: Outline your firm’s approach to plan renewals, including key milestones, timelines, and recommended strategies for successful renewals.

• Benefits administration support: Identify the tools, services, or resources your firm provides to support the facilitation and administration of employee benefit programs.

• Communication services: Describe your firm’s capabilities for employee communication, including open enrollment meetings.

Technology and Compliance Support

• Online enrollment support: Detailed consulting services and technical support your firm may provide for implementing automated or online open enrollment processes.

Benchmarking and Wellness

• Benchmarking tools: Describe any benchmarking resources or tools available through your firm, including how data is used to evaluate plan performance and costs.

• Wellness programs: Share your firm’s philosophy on wellness as a strategy to manage healthcare costs, and describe.

Compensation and Transparency

• Compensation structure: Describe your firm’s method of compensation (e.g., commission-based, fee-for-service, hybrid, or other).

• Transparency & reporting: Explain how your compensation method will be transparent and how details of all compensation will be reported to the City of Wheat Ridge.

• Carrier overrides, bonuses, or incentives: Indicate whether your firm accepts any carrier overrides, bonuses, or other incentive payments.

• Additional compensation: If your compensation is commission-based, specify whether your firm will receive any form of compensation beyond the commissions included in premium rates.

• Disclosure practices: If selected, describe your firm’s method

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 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

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

Phase 1

No. Evaluation Criteria Scoring Method Weight (Points)

1. Ability to Negotiate Effective Benefit

Programs

Demonstrated ability to design, structure, and negotiate a benefits program that effectively meets the needs of the City of

Wheat Ridge.

Points Based 14 (14% of Total)

2. Relevant Experience and Expertise

Proven experience in managing and negotiating employee benefit plans for organizations of similar size and complexity, with a track record of achieving favorable outcomes.

Points Based 14 (14% of Total)

3. Technical Knowledge and Online

Enrollment Support

Depth of knowledge and capability to provide technical support for online benefits administration and open enrollment systems.

Points Based 15 (15% of Total)

4. Account Team Accessibility and

Location

Availability and responsiveness of the broker and assigned account team, including the location of the service office and capacity to meet the City’s needs promptly.

Points Based 14 (14% of Total)

5. Qualifications of Assigned Personnel

Experience, professional credentials, and references for the individuals who will directly manage and support the City’s account.

Points Based 14 (14% of Total)

6. Proactive Support and Industry

Communication

Ability to provide ongoing, proactive support to the City’s Human Resources team, including timely dissemination of relevant legal, regulatory, and insurance carrier updates.

Points Based 14 (14% of Total)

7. Pricing and Overall Cost-Effectiveness

Ability to provide cost-effective services that align with the City's organizational objectives and employees' needs.

Points Based 15 (15% of Total)

Phase 2

No. Evaluation Criteria Scoring Method Weight (Points)

1. Interview 0-10 Points 10 (100% 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

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

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

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*

*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 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.

5.7. Reference #2*

Reference Contact Name

*Response required

5.8. Company Name*

*Response required

5.9. Email*

*Response required

5.10. Phone Number*

*Response required

5.11. Project Information*

Brief overview of projected completed.

*Response required

5.12. Reference #3*

Reference Contact Name

*Response required

5.13. Company Name*

*Response required

5.14. Email*

*Response required

5.15. Phone Number*

*Response required

5.16. Project Information*

Brief overview of projected completed.

*Response required

6. ADDITIONAL DOCUMENTATION REQUIRED

Additional document copies to be submitted with this application:

6.1. Pricing Proposal*

26-22 – City Employee Benefits

Sample Agreement is intended for review only

THIS AGREEMENT made this day of MONTH, YEAR, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the “City” or “Owner” and Contractor Name, Contractor Address hereinafter referred to as the “Contractor.”

WITNESSETH, that the City of Wheat Ridge and the Contractor agree as follows:

Article 1 – Services

The Contractor will serve as the City’s contractor and provide at a minimum all the professional services required as per RFx, as more fully described in the Request for XX (Exhibit A), the Vendor’s response to the

RFx (Exhibit B) incorporated herein by reference.

Article 2 – Term

The work to be performed under this agreement may commence promptly after receipt of a fully-executed copy of the agreement, to the extent that the Contractor has been authorized to proceed by the City.

At the end of each year, if the City deems the Contractor’s performance acceptable and the pricing is consistent with the RFP response, the agreement may continue with automatic renewals. The agreement may be automatically renewed if:

• The work has not been completed per the agreed upon Statement of Work

• The City fails to contact your firm prior to the end of the current term regarding the desire to terminate.

• Pricing remains firm for the renewal period.

• The scope of work or specifications are not changed or modified.

If at the end of each year the City desires to rebid, or the Contractor’s performance is not acceptable, the City and Contractor may elect to continue the agreement on a month-to-month basis until the rebid process is complete.

Article 3 – Payment and Fee Schedule

It is understood and agreed by and between the parties hereto, that the City shall pay the Contractor for services provided, and the Contractor will accept a not-to-exceed amount of dollars, ($XX.XX) annually as full payment for such services.

Pricing will remain firm for renewals.

The City operates on a calendar year as its fiscal year; as such, all invoices must be received no later than

December 20, in order to be processed in the same calendar year.

A. Invoices by Task

Invoices will be submitted monthly by the Contractor for services performed and expenses incurred, pursuant to this agreement during the prior month. Payment is then made to the Contractor within thirty (30) days of receipt via Electronic Funds Transfer (EFT). The City may elect the alternative method of payment by the

Treasurer’s Office through proper accounting procedures.

B. Funding

There is in effect within the City of Wheat Ridge, Colorado, a provision 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 the provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was enacted pursuant to

Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is specifically subject to the provisions of said Ordinance and adopted Code Section.

Article 4 – No Damages for Delay

Pursuant to Section 2-4 of the Code of Laws, Contractor agrees to waive, release or extinguish its right to recover costs or damages, or obtain an equitable adjustment, for delays in performing this contract if such delay is caused in whole or in part by acts or omissions of the City or its agents, provided however an extension of time is the Contractor’s remedy for such delay.

Article 5 - 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, it shall be the vendor’s responsibility to notify the City in advance of any anticipated changes in prices and submit a request for a price increase. This City limits price escalation requests to no more than one (1) rate adjustment per contract term. Increases anticipated to exceed

10% of the original cost will not be accepted, rather the City will resolicit at that time.

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.

Article 6 -Sales and Use Taxes

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

Article 7 – Independent Contractor

In performing the work under this agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker’s compensation insurance, personal injury and property damage insurance, as well errors and omissions insurance. The Contractor, as an independent Contractor, is obligated to pay Federal and State income tax on monies earned. The personnel employed by the Contractor are not and shall not become employees, agents, or servants of the City because of the performance of any work by this agreement. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person—other than bona fide employees working solely for the

Contractor—any commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty the City will have the right to annul this agreement without liability or in its discretion to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

Article 8 – Insurance

In accordance with Article 7 above, the Contractor shall furnish a certificate of insurance upon notification of award, and prior to performance. Work shall not commence under this agreement until the Contractor has submitted to the City and received approval thereof, a certificate of insurance showing compliance with the following minimum types and coverages of insurance:

Type of Insurance Minimum Limits of Liability

Worker’s Compensation, Coverage A Statutory, including occupational disease coverage for all employees at work site.

Employer Liability, Coverage B $500,000 per person

$500,000 per accident

$500,000 each disease

Commercial General Liability (including Premises-

Operations, Independent Contractor’s Protective, Broad Form Property Damage, and Contractual

Liability)

• Bodily Injury

• Property Damage

$1 million per occurrence

$2 million aggregate

$1 million per occurrence

$2 million aggregate

Comprehensive Automotive Liability

(owned, hired, and non-owned vehicles)

• Bodily Injury

• Property Damage

$2 million per occurrence

$2 million per occurrence

An endorsement covering any explosion, collapse, and underground exposures, “XCU,” in the

Commercial General Liability policy is also required. The City of Wheat Ridge shall be named as additional insured on all liability policies. Insurance shall include provisions preventing cancellation without 30 days prior notice by certified mail to the City.

Nothing herein shall be deemed or construed as a waiver of any of the protections to, which the agencies may be entitled pursuant to the Colorado Governmental Immunity Act, Sections 24-10-101, CRS, as amended.

Article 9 – Indemnification

The Contractor agrees to indemnify, defend, and to hold the City and its agents, officials, officers and employees harmless for, from and against any and all claims, suits, expenses, damages, or other liabilities— including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person or persons to the extent caused by the negligent, acts, omissions, performance or failure of the Contractor to provide services pursuant to the terms of this agreement.

Article 10 – Equal Employment Opportunity

The Contractor shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Contractor shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to age, race, color, religion, sex, or national origin. Such action shall include—but not be limited to the following:

employment, upgrading, demotion or transfer,…

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