Equity_Audit.pdf

REQUEST FOR PROPOSALS

26-8 - Equity Audit

Submission Due Date

Thursday, March 5, 2026 by 2:00 pm Mountain Time

Documents Prepared by:

Procurement & Contracts Division

On behalf of

HR

Anticipated Key Dates

RFP Issued February 10, 2026

Question Acceptance Deadline February 21, 2026, 2:00pm

Proposals Due by March 5, 2026, 2:00pm

Anticipated Contract Date April 1, 2026

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

Mugford-Smith, wmsmith@wheatridge.gov

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

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. Reserved.

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. Cooperative Procurement

3.32. Contractor Performance Feedback

3.33. 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's goal is to contract with a qualified individual or firm to provide an Equity Audit.

The City seeks a consultant to engage in a comprehensive, organization-wide equity audit, that will culminate in a report with recommendations based on observations of internal policies and communications, external communications, and organizational practices as they pertain to goals of racial equity and are aligned with the

City of Wheat Ridge’s organizational values. The recommended strategy will help the City continue building a culture of belonging and embed inclusive policies and practices into our daily culture and operations. Additionally, the consultant will assist the City in developing a shared understanding of these values and the development guiding principles for action.

RFP Issued: February 10, 2026

Question Acceptance Deadline: February 21, 2026, 2:00pm

Proposals Due by: March 5, 2026, 2:00pm

Anticipated Contract Date: April 1, 2026

1.2. Background

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

Mountains. The City is a suburban community of approximately 33,000 residents and contains approximately

500 employee across six departments: Police, Public Works, Parks & Recreation, Administrative Services, Community Development, the City Manager's Office, and General Government (which includes Clerk and

Court). 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.

The City of Wheat Ridge has the following vision and mission statements:

Vision:

Wheat Ridge is a dynamic and welcoming community where collaboration with all people guides growth by embracing equity, innovation, and tradition.

Mission:

Wheat Ridge cultivates opportunities to grow and generates resilience by embracing inclusive engagement, committing to resource stewardship, and valuing connectivity between people, places and businesses.

Wheat Ridge embraces ACTION values:

Accountability: Employees take responsibility for their actions, decisions and recommendations and are accountable to each other and the community.

Change: Adapts to changing organizational needs, conditions, and work responsibilities.

Teamwork: Employees value teamwork as a collaborative effort, with each person contributing unique skills, knowledge and training to achieve common goals.

Integrity: Employees uphold the highest ethical standards, recognize the importance of public and customer trust and adhere to the values of the organization.

Opportunity: Employees are empowered to grow professionally, develop best practices and seek challenges to advance the City.

NOW! Employees are proactive, timely and efficient in responding to the needs of the organization and the community – NOW!

1.3. Scope of Work

1.3.1. 2026 City of Wheat Ridge Equity Audit

Scope of Work

The consultant will:

• Collect, organize, review, analyze, interpret, and assess policies, programs, and practices that directly or indirectly impact City staff regarding their race, ethnicity, gender, national origin, color, disability, age, sexual orientation, gender identity, religion, or other socio-culturally significant factors. Please describe in detail the approach to this process.

• Conduct listening and gathering campaign that includes, but is not limited to, surveys, 1:1 interviews, and group discussions with staff and key stakeholders.

• Prepare a formal presentation of findings to stakeholders including City Council and City staff. The data should be comprehensive and identify the current state of the organization, and any organizational trends.

• Develop a final report of recommendations and insights including the equity audit evaluation data. This report should identify strengths, gaps, and best practices; establish a baseline from which to measure and benchmark progress; determine Inclusion, Diversity, Equity and Accessibility (IDEA) priorities, strategies, objectives, programs, and initiatives; ascertain aspects of employees' experience and where attention should be focused in the future; and pinpoint policies, programs, and practices that may be inhibiting IDEA success in key organizational areas. The report should include achievable short-term action steps and sustainable, long-term goals, as well as short-term and longer-term monitoring and evaluation methods to understand, enhance, and sustain IDEA initiatives.

The equity audit will include the review of the following, but not limited to:

• City policies, practices, and trainings (including personnel/Human Resources)

• Organizational structure

• Protocols

• Initiatives

• Community engagement

• Internal and external communications

• City website

• Program funding and expenses

• City staff demographics

Requested Qualifications

• Experience providing consulting services, including audits or assessments related to racial equity/diversity/inclusion/cultural competency/anti-racist organizations

• Experience working with local government agencies

• Experience bridging gaps in communication, building transparency, and inclusive decision-making

• Strong facilitation skills

• Experience performing equity audits at municipal government level preferred

2. Evaluation Criteria, Evaluation Process

2.1. Evaluation Process

2.1.1. Evaluation Process

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

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

2.1.2. Selection Process

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

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

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

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

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

2.2. Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Firm Capabilities and References for

Similar Work Completed by Proposed

Team

1. Provide an overview of your company’s history. Include information on management, firm size, number of employees, years in business, location of working office, and other DBA’s.

2. Provide references for projects of similar size and scope: include the name, current phone number and email address of the owner’s project manager for each project listed. Provide total dollar amount and a brief summary of the work performed, listing any sub-consultants you may have partnered with.

3. Demonstrate experience in overseeing and coordinating multiple, concurrent projects.

4. Discuss your firm’s familiarity with the project area and local market.

5. State any MBE/WBE, disadvantaged business enterprise participation.

6. Provide a statement agreeing to provide and maintain insurance per the RFP requirements, if awarded.

7. Disclose any relationships the owner or employees may have that could be construed or perceived as personal or organizational conflicts of interest.

8. Provide a brief summary regarding your firm’s financial stability. Disclose whether or not your firm or any affiliates have filed for bankruptcy or reorganization under bankruptcy laws.

Points Based 20 (20% of Total)

2. Scope of Submission

1. Identify the team members and their respective roles, including any sub-consultants.

2. Provide resumes of essential staff; indicate experience with similar projects, credentials of training, education, and certifications, and lengths of time with the company,

3. Outline experience and references of the project manager on similar projects in the same capacity.

4. Describe individual experiences with the City or other government agencies. Detail experience in the

Denver metropolitan and other areas in Colorado.

5. Describe any prior client relationships that were not renewed after the agreed upon term and why.

6. Describe the unique strengths and relevant experience your firm offers.

7. Provide any instances in the past

5 years of client-firm dispute resolution and whether or not the dispute was resolved to the satisfaction of both parties and if not be prepared to explain why.

3. Effective Approach and Timeline

1. Provide information on current and projected (next 9 months) workload and how this project will be accomplished within that framework, outlining various phases, if any.

2. Detail your approach in managing work to meet project deadlines, or an expedited schedule if needed.

3. Identify any foreseeable problems in the implementation of the program.

4. Describe how the objectives identified will be achieved.

5. Demonstrate your understanding of the technical requirements.

Points Based 20 (20% of Total)

4. Plan Effectiveness

1. Discuss your customer service philosophy and your firm’s approach toward client communication and reporting.

2. Discuss quality control methodology, including adherence to widely accepted standards.

3. Discuss your firm’s billing procedures, claims processing, reporting, collection, and customer service policies.

4. Detail any value-added services such as reporting, training, public outreach, educational programs, resources, health and safety programs, investments, or service at public events.

5. Price and/or Total Cost of Ownership

1. Provide a detailed statement of fees including individual rates for partners and support staff. Include all reimbursable expenses, which should be assumed to be billed at cost, without mark-up.

2. Outline all rates/fees for staff including fringe benefits, payroll taxes, insurance, and overhead costs.

3. List pricing for any or all of the requested services.

4. Rates are negotiable.

3. Administrative and Offeror Information

3.1. Proposal Opening, Evaluation, and Award

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

(60) calendar days of the Proposal Opening date.

3.2. Sales and Use Taxes

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

Exempt: 98-03515.

3.3. Proposer Qualifications

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

3.4. Right to Investigate

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

3.5. No Commitment by the City of Wheat Ridge

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

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

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

3.6. Proposal Representation

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

3.7. Anti-Collusion Clause

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

3.8. Insurance

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

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

Certificate Holder:

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

Required

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

Required

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

Ridge.

Required

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

Subrogation on behalf of City of Wheat Ridge.

Employer’s liability:

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

Required

Commercial General Liability

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

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

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

Required

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

Not Required

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

Combined single limit for bodily injury and property damage.

$1,000,000 each accident

Required

Professional Liability/Errors and Omissions

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

Required

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

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

Required

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

Required

3.9. Laws and Regulations

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

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

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

3.10. Federally Funded Projects

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

3.11. Accessibility

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

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

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

3.12. Subcontracting

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

3.13. Sales Prohibited/Conflict of Interest

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

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

3.14. Modification of Agreement

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

3.15. Cancellation

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

3.16. Equal Opportunity

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

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

3.17. Disadvantaged Business Enterprises

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

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

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

3.18. Common Language

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

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

3.19. Proprietary Information

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

3.20. Competitiveness and Integrity

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

3.21. Proposal Format

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

3.22. Proposal Rejection and/or Partial Acceptance

The City reserves the right to the following:

• Reject any and all proposals.

• Accept other than the lowest price.

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

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

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

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

3.23. Governing Law

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

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

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

3.24. Reserved.

Reserved.

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. 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).

Proposers are hereby advised that any member of MAPO/CPEC is permitted to avail itself of this RFP at the prices resulting from the successful award of this RFP.

3.32. 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

3.33. 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

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.

*Response required

5.7. Reference #2*

Reference Contact Name

5.8. Company Name*

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*

26-8 – Equity Audit

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, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training—including apprenticeship. The

Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause.

The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this agreement so that such provisions will be binding upon each subcontractor—provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

Article 11 – Charter, Laws, and Ordinances

The Contractor at all times during the performance of this agreement, agrees to strictly adhere to all applicable

Federal, State, and local laws, rules, regulations, and…