RFQ-PWU-24-562_On-Call Architect Design Services.pdf

REQUEST FOR QUALIFICATIONS (RFQ)

ON-CALL ARCHITECTURE AND DESIGN SERVICES

VARIOUS DESIGN DISCIPLINES

Solicitation No. RFQ-PWU-24-562

SCHEDULE OF EVENTS

RFQ Advertisement 04/30/25

Pre-Submittal Conference 05/06/25 10:00 AM MST

Deadline to Submit Questions 05/12/25 4:00 PM MST

Response to Questions 05/14/25 4:00 PM MST

Submittal Due Date 05/21/25 4:00 PM MST

Evaluation 05/21/25 – 06/05/25

Tentative Interviews Week of June 9

The party submitting qualifications, hereinafter referred to as the Submitter, offers to furnish to the City of Westminster the materials, supplies, products, or services requested in accordance with the specifications and subject to the Terms and Conditions described herein.

The City utilizes the Rocky Mountain E-purchasing System (BidNet®) in the advertisement and facilitation of solicitations administered by the City's Procurement Division; therefore, respondents must ONLY rely on documents provided on the Rocky Mountain E-purchasing System (BidNet®) website or as communicated directly from the Procurement official. Only rely on this web address: https://www.bidnetdirect.com/colorado https://www.bidnetdirect.com/colorado

Table of Contents

SECTION A: RFQ OVERVIEW AND PROJECT REQUIREMENTS

A.1 INTRODUCTION:

A.2 PROJECT DESCRIPTION

A.3 SCOPE OF WORK & REQUIREMENTS:

A.4 RFQ ATTACHMENTS:

A.5 PRE-SUBMITTAL CONFERENCE:

A.6 ELECTRONIC SUBMISSION OF QUALIFICATIONSS AND COMMUNICATION:

A.7 CLARIFYING QUESTIONS:

A.8 ADDENDA:

A.9 PRICING:

A.10 PRICE REDETERMINATION:

A.11 TERM:

A.12 PAYMENT TERMS:

A.13 INSURANCE REQUIREMENTS:

SECTION B: QUALIFICATIONS SUBMISSION REQUIREMENTS

B.1 GENERAL SUBMISSION INFORMATION:

B.2 CHANGES:

B.3 MODIFICATIONS TO SUBMITTAL:

B.4 CONTRACT DOCUMENTS:

B.5 ACCEPTANCE PERIOD:

B.6 SUBMITTAL CONTENTS AND FORMAT:

SECTION C: EVALUATION AND AWARD

C.1 EVALUATION OVERVIEW

C.2 SUBMITTAL EVALUATION ITEMS:

C.3 FEE SCHEDULE ITEMS:

C.4 INTERVIEW EVALUATION ITEMS:

C.5 EVALUATION AND SELECTION:

C.6 AWARD TYPE:

C.7 NOTICE TO PROCEED:

SECTION D: GENERAL RFQ AND CONTRACT INFORMATION

D.1 PAYMENT CONDITIONS:

D.2 RFQ CONDITIONS AND PROVISIONS:

D.4 GRATUITIES AND KICKBACKS:

D.5 NON-COLLUSIVE SUBMITTER CERTIFICATION:

D.6 DISCLOSURE OF CONTENTS OF SUBMITTALS:

D.7 COOPERATIVE PURCHASING:

SECTION A: RFQ OVERVIEW AND PROJECT REQUIREMENTS

A.1 INTRODUCTION:

The City of Westminster, hereinafter referred to as the City, is inviting qualified firms to submit qualifications for comprehensive architectural and design services on an on-call basis to support a variety of projects throughout the City. The City intends to establish a roster of qualified firms to provide services under an On-Call Agreement.

The total contract value is anticipated at $500,000 per year, with no specific volume of work guaranteed. This RFQ outlines the scope of work, requirements, and conditions for proposing. The successful firm, hereinafter referred to as the Consultant, will enter into a contract with the City for the completion of the work outlined herein.

A.2 PROJECT DESCRIPTION

The Facilities Engineering Division of the Department of Public Works and Utilities manages capital improvement projects at more than 30 City facilities, ensuring they meet operational needs, safety standards, and community expectations.

Future projects may encompass a wide range of facility renovations, master planning efforts, studies related to space optimization, building performance, and sustainability initiatives at the City’s public safety buildings, recreation centers, libraries, administrative offices, and other facilities. Design services related to large renovations and new construction are not included in this RFQ and may be procured individually.

The primary goal of the on-call contract is to deliver architectural, design, and consulting services that ensure scheduled facility renovations are completed efficiently, cost-effectively, and to the highest standards of quality and customer service. These efforts aim to support the needs of City of Westminster staff and residents alike.

The City seeks firms that offer the best combination of cost and value and reserves the right to award contracts to up to five Consultants to meet the variety of projects anticipated.

Projects under this contract will be approved on an individual basis. The City will request qualifications from the architect for each project, which will include the scope of work, schedule, and fee submission. Proposals will be reviewed, negotiated, and mutually agreed upon, ensuring alignment with the project needs and available budget. Work will commence only after the contract has been finalized and approved by the City. A Purchase Order (PO) will serve as the formal authorization to proceed and will be issued upon agreement of the proposal. The issuance of the PO confirms the City's acceptance of the negotiated terms and initiates the work.

A.3 SCOPE OF WORK & REQUIREMENTS:

The Consultant(s) will be responsible for providing planning, design, and contract administration services. The Consultant(s) will be responsible for providing architectural, engineering, and other consulting services as necessary.

The scope of services outlined in this RFQ may include, but are not limited to:

1. Design Disciplines

a. Architectural Design

b. Interior Design

c. Structural Engineering

d. Civil Engineering

e. Mechanical, Electrical, and Plumbing (MEP) Engineering

f. Low Voltage Design (IT, Security, Access Control, AV)

g. Landscape Architecture

h. Fire Protection System Design

2. Planning and Studies

a. Master Planning

b. Facility Condition Analysis

c. Feasibility Studies and Site Analysis

d. Preliminary Concept Design for Budgeting and Planning

3. Design Phases

a. Programming

b. Schematic Design

c. Design Development

d. Construction Documents

e. Construction Administration

i. Site Visits

ii. Submittal and Shop Drawing Review

iii. RFIs (Request for Information)

iv. Punchlist and Closeout

v. Warranty

4. General Requirements

a. Conduct assessments of existing facilities and recommend upgrades.

b. Provide expertise in space planning, interior design, and adaptive reuse.

c. Incorporate sustainable design practices and energy efficiency solutions.

d. Respond to urgent requests for assessments, repairs, or other immediate design needs.

e. Collaborate with City representatives, consultants, contractors, and vendors.

5. Regulatory Compliance and Coordination

a. Ensure compliance with local, state, and federal building codes and regulations

b. Assist in the coordination of permitting and securing required approvals.

6. Cost Estimating and Value Engineering

a. Provide cost-estimating services at various design phases to ensure projects remain within budget.

b. Conduct value-engineering exercises as needed to ensure project goals are met and design intent is met within the allowable budget

7. Stakeholder Engagement and Facilitation

a. Work closely with the City of Westminster’s representatives to understand project goals.

b. Facilitate stakeholder meetings and presentations.

c. Collaborate with external partner agencies, consultants, contractors, and vendors to ensure cohesive project delivery.

8. Third-Party Coordination

a. Manage coordination with utility providers, permitting agencies, and other third-party stakeholders.

b. Ensure smooth integration of third-party requirements into the project design and execution.

Desired Qualities To align with the City’s vision, firms must demonstrate the following design and operational values:

1. Design Values

a. Sustainability-Driven

b. People-Centered Design

c. Natural Light Optimization

d. Human Scale

e. Lifecycle Cost Awareness

f. Durability and Resilience

g. Maintenance-Oriented Solutions

h. Flexibility for Future Needs

i. Wayfinding and Accessibility

2. Operational Values

a. Value-Conscious

b. Efficient Design Solutions

c. Client-Focused Communication

d. Transparency and Collaborative Engagement

e. Responsiveness and Flexibility

Consultant Requirements

To be considered, firms must demonstrate:

1. Experience in facility planning, project management, and architectural design.

2. Licensure to practice architecture in the State of Colorado.

3. A proven track record of successful project delivery within budget and schedule constraints.

Preferred qualifications include the following:

1. Municipal facility planning

2. Experience working with local government and facilities

Can provide all services described in the Scope of Services, either directly or through subconsultants, such as permits, inspections, specific materials or equipment to be used, etc.

A.4 RFQ ATTACHMENTS:

Exhibit A Sample Architect or Engineer Agreement Exhibit B Fee Schedule

A.5 PRE-SUBMITTAL CONFERENCE:

A recommended pre-submittal conference will be conducted on the date and time listed in the Schedule of Events on the cover page. The solicitation terms and conditions will be reviewed and discussed at this time. Interested firms may attend virtually via Microsoft Teams.

Microsoft Teams Meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 219 066 922 795 4 Passcode: Ht96Hf9p Download Teams | Join on the web https://teams.microsoft.com/l/meetup-join/19%3ameeting_OWZhYjA5NmQtMDgyOC00M2ZkLThhZWYtMWNiODBhODFhYmE3%40thread.v2/0?context=%7b%22Tid%22%3a%22f94ebb71-3556-4624-9547-b725ee971c94%22%2c%22Oid%22%3a%22f5dd3eaf-e1b4-402c-859f-a03832796826%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting

Or call in (audio only) +1 720-739-8152,,989210015# United States, Denver Phone Conference ID: 989 210 015#

A.6 ELECTRONIC SUBMISSION OF QUALIFICATIONSS AND COMMUNICATION:

The City is using Rocky Mountain E-purchasing System (BidNet®) to advertise and manage formal solicitations. Registration with BidNet® is free and provides access to view posted governmental submittals, with an optional paid notification service.

Submission of all qualificationss and clarifying questions for this solicitation must be done electronically through BidNet® at https://www.bidnetdirect.com/colorado/cityofwestminster no later than the date and time specified in the Schedule of Events. The City is not responsible for the Submitter's actions or interactions with BidNet® or other third-party services related to this RFQ.

For more information or assistance with BidNet®, call 1-800-835-4603, Option 2.

A.7 CLARIFYING QUESTIONS:

The City is not bound by, and Submitters shall not rely on, any oral interpretations or clarifications of this RFQ.

All questions must be submitted via BidNet no later than the date and time specified in the Schedule of Events. Responses will be posted on BidNet for public viewing.

Except for pre-submittal meetings or site visits, communication with City personnel outside of the Procurement staff may result in disqualification of the firm’s submission.

A.8 ADDENDA:

In the event it becomes necessary to revise, change, modify or cancel this RFQ or to provide additional information, addenda will be issued and made available on BidNet®. It is the responsibility of the Submitter to confirm that they have reviewed all addenda related to this solicitation and they have reviewed and complied with the RFQ requirements.

A.9 PRICING:

The City will request project-specific pricing submittals from the Consultant for each project as needs arise.

tel:+17207398152,,989210015 https://www.bidnetdirect.com/colorado/cityofwestminster

As part of this RFQ, firms must submit a detailed fee schedule that includes the following:

1. Hourly rates for key personnel (principal, project manager, architect, etc).

2. Any other applicable fees or charges anticipated during the term of the contract.

The submitted fee schedule will serve as a baseline for future project-specific submittals. All future project fees must align with the approved fee schedule unless otherwise negotiated and approved by the City. The City reserves the right to negotiate project-specific terms to ensure alignment with project requirements and budget constraints.

A.10 PRICE REDETERMINATION:

The fee schedule submitted as part of this RFQ, including hourly rates and other applicable fees, will remain fixed for the initial term of the contract. However, the City recognizes that architectural fees, including hourly rates and sheet fees, may require periodic adjustments to account for changes in operational costs, labor rates, and other relevant factors.

At the time of contract renewal, the selected Architect may submit a request for fee adjustments, including updates to sheet fees. Any such request must be accompanied by documentation supporting the proposed changes, including a rationale for the adjustment based on industry standards, labor costs, and firm-specific operational changes.

Fee adjustments will be evaluated based on the following criteria:

1. Consistency with Industry Norms: The City will compare the proposed fees to industry benchmarks for similar architectural services.

2. Reasonableness and Justification: The Architect must provide a clear and reasonable justification for any proposed fee increase, supported by relevant data such as labor rate adjustments or inflationary pressures.

3. Performance and Value: The City will also consider the Architect’s performance over the contract period, including adherence to project timelines, responsiveness, and overall value provided.

All fee adjustments must be mutually agreed upon prior to contract renewal and will be incorporated into the contract through an amendment. The City reserves the right to negotiate the proposed fee adjustments or decline the request if it is not deemed reasonable or adequately justified.

Note: Project-specific fees submitted during the contract term must align with the approved fee schedule, unless otherwise negotiated for a particular project.

A.11 TERM:

It is the City’s intention to award this Contract for a term of five (5) years. The initial Contract will be one (1) year, with four (4), 1-year renewals.

A.12 PAYMENT TERMS:

On-call contracts require that each project be proceeded by a detailed quote in accordance with the Contract terms. Work may begin upon the issuance of a valid Purchase Order.

The City will make progress payments based on monthly invoices submitted by the consultant in accordance with the approved Purchase Order and Fee Schedule.

Invoices must reflect the percentage of work completed during the billing period for each item listed in the Project Proposal and/or Fee Schedule.

Each invoice must clearly identify the following:

1. The approved contract value and fees/rates outlined in fee schedule.

2. Work completed to date, expressed as a percentage of each item listed in the submittal.

3. Current billing amount for work performed during the billing period.

4. Previously billed amounts and the remaining balance for each line item.

Invoices will be reviewed by the City for accuracy and approval before payment is processed. Payments will be made for work completed and approved during the billing period.

A.13 INSURANCE REQUIREMENTS:

The Consultant shall carry the insurance specified in Exhibit A, Sample Architect or Engineer Agreement Template, which is included with this RFQ, and shall submit proof of such insurance when delivering the executed Contract to the City of Westminster.

The City shall be named as an additional insured on the specified liability insurance policies and certificates of insurance. Insurance certificates required for this project shall be sent to the Project Manager, after the contract has been awarded.

SECTION B: QUALIFICATIONS SUBMISSION REQUIREMENTS

B.1 GENERAL SUBMISSION INFORMATION:

This section outlines the submittal requirements for all documents and pricing.

Submitters must carefully follow these instructions and provide all requested information in the specified formats.

All submittals must be received by the date and time specified in the Schedule of Events on the cover page. Late submissions will not be considered.

Qualificationss submitted through BidNet are locked until after the due date. Bidders are encouraged to submit their bids well in advance to allow time for any technical issues, as late bids cannot be accepted by the system.

For assistance with bid submissions, please contact BidNet® at 1-800-835-4603, Option 2.

Submitters unable to submit electronically must submit a written request to the Procurement Analyst by the Question Due Date to receive permission and instructions for submitting a hardcopy bid.

B.2 CHANGES:

The City will not consider change orders or amendments unless they involve a change to the original project scope. Any items necessary for project completion that are not itemized in the submittal must be supplied by the Submitter at no additional cost to the City.

Omissions must be identified by the Submitter and listed as separate line items with pricing for inclusion in the submittal.

The City will not approve increases to the contract or purchase order (in amount or time) for items not included in the submittal.

B.3 MODIFICATIONS TO SUBMITTAL:

No submittal may be modified or withdrawn after the submission deadline. If a firm submits more than one submission, only the last submission will be considered.

Once submitted, a submission becomes City property. The City shall retain all qualifications submitted regardless of whether that submission is selected in accordance with the City’s retention policy. A submission of qualifications indicates acceptance by the Submitter of the conditions contained in this RFQ.

B.4 CONTRACT DOCUMENTS:

The City's Sample Contract is provided as Exhibit A of this RFQ. The awarded Contractor will be required to sign a version of the Contract similar to the one in Exhibit A, with modifications to reflect the actual scope of services.

Any exceptions to the Contract terms must be clearly identified and submitted with the qualifications as a redlined version of the City’s Contract. These exceptions will be considered during the evaluation of submittals.

The City reserves the right to reject any or all proposed modifications.

B.5 ACCEPTANCE PERIOD:

By responding to this RFQ, Submitters confirm that their submittals are valid from the closing date of the RFQ, through the initial contract term.

B.6 SUBMITTAL CONTENTS AND FORMAT:

Submittals must be in Microsoft Word or an original PDF (not a scanned copy) as well as Excel if specified.

Submittals should address all items outlined in the SOW and align with the evaluation criteria, including the following:

1. Submittal. Submittals should not exceed 15 pages of text and figures. Cover letters, resumes and exhibits to the bid do not count toward the bid page limit.

1. Capability and Experience: Provide a detailed summary of the firm’s experience in providing on-call architecture services for municipal or public-sector clients.

Include three to five (3 – 5) specific examples within the past five (5) years that demonstrate your experience.

For each example include:

a. Project name and location

b. Project scope and value

c. Client name and contact information

d. Date of project completion

e. Key personnel involved and their roles

f. Any challenges and how they were addressed

2. Project Management Approach: Describe your methodology for managing multiple projects simultaneously under and on-call services simultaneously under an on-call services agreement. Your response should address:

a. Your team’s design philosophy in approaching new projects

b. Your knowledge and work history of innovative approaches to design projects.

c. Describe how your firm promotes a collaborative approach with the Owner and various project stakeholders.

d. How your firm approaches project challenges such as budget and schedule restraints while ensuring the quality of the finished project.

e. Clearly outline your approach to managing change orders, unforeseen conditions, and project delays to minimize impacts on the City

3. Capacity and Resources: Outline your firm’s current capacity to meet the City’s needs, including:

a. Key personnel who will be assigned to the City’s on-call contract, their roles, and their availability. Include resumes or bios for key team members.

b. Resources available

c. Subconsultant management practices, including how subconsultants are selected, vetted, and managed to ensure high-quality work.

d. Scalability of resources, demonstrating your firm’s ability to handle both routine and emergency requests from the City.

e. Indicate whether you have dedicated personnel or specialized resources available for emergency or short-notice projects.

• Do not include projects in your submission unless the proposed team members for this contract were directly involved in those projects. The City is particularly interested in the experience and performance of the specific individuals being proposed for this on-call contract, not just the firm’s overall portfolio.

4. Responsiveness and Flexibility: Describe your firm’s ability to respond to short-notice and time-sensitive requests, including how your team manages unexpected project needs or schedule changes.

5. Fee Submission: Complete and submit firm’s fee schedule, attached as Exhibit

B; including the following:

a. Hourly rates for all key personnel, broken down by role (project manager, superintendent, skilled labor, administrative support).

b. Overhead and profit (O&P) percentage applied to project costs

c. Markups for subconsultants

d. Reimbursable expenses

e. Minimum billing requirements, if applicable

f. Subconsultants rate sheets, if subconsultants are expected to be used frequently.

g. The fee submittal should be submitted as a pricing schedule that will be used as a baseline for negotiating project-specific proposals during the contract term.

6. References and Past Performance: Provide feedback from at least 3 past clients on similar projects, including the client’s name, title, contact information, and project details.

The City will evaluate past performance on relevant projects based on available records, references, and documented outcomes, regardless of whether specific references are provided in the submittal. This includes:

a. Completion of projects on time and within budget

b. Ability to manage multiple projects under on-call contracts

c. Quality of work, responsiveness and professionalism

If your firm has previously completed projects for the City of Westminster, please include details on those projects as part of your submission. Past performance with the City will be considered during the evaluation process.

7. Licenses and Certifications. Proof of valid Colorado Architect’s license and applicable certifications.

8. Insurance. Proof of the Consultant’s insurance coverage (general liability, workers' compensation, etc.).

9. Sample Contract Redlines. (if applicable)

10. Certificate of Good Standing from the Colorado Secretary of State’s Office.

Successful vendors that are required to furnish a Certificate of Good Standing from the Colorado Secretary of State’s Office, as proof that they are properly registered to do business in the State of Colorado, prior to finalization of award and contracting.

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SECTION C: EVALUATION AND AWARD

C.1 EVALUATION OVERVIEW

The City does not discriminate on the grounds of race, religion, color, age, sex, disability, or national origin in consideration of an award. Disadvantaged business enterprises are afforded a full opportunity to submit qualifications.

C.2 SUBMITTAL EVALUATION ITEMS:

The Selection Committee will perform a preliminary evaluation of each submittal using the following criteria and weighting:

C.3 FEE SCHEDULE ITEMS:

Submitter Fees will be shared and evaluated by the selection team, after the scoring of the initial evaluation criteria.

C.4 INTERVIEW EVALUATION ITEMS:

The Selection Committee will perform a preliminary evaluation of each submittal using the following criteria and weighting:

Evaluation Criteria Weight 1 Proposed Key Personnel 30 2 Understanding of On-Call Contracts 25 3 Problem Solving 25 4 Communications and Responsiveness 20 Total 100 Points

Evaluation Criteria Weight 1 Technical Capability and Experience 25 2 Project Management Approach 20 3 Capacity and Resources 15 4 Responsiveness and Flexibility 10 5 References and Past Performance 15 6 Fee Schedule (Evaluated After) 15 Total 100 Points

C.5 EVALUATION AND SELECTION:

Selection shall be made to the highest scoring Submitters of the evaluation criteria of this RFQ and in accordance with Westminster Municipal Code (W.M.C.) Title XV, Chapter 1, Section 15-1-5.

In evaluating submittals, the City shall consider the qualifications of the Submitters, and whether or not the submittals comply with the prescribed requirements. The City reserves the right to reject submittals that do not pass any such evaluation to the City's satisfaction.

C.6 AWARD TYPE:

Final award as a result of this RFQ is contingent upon the successful execution of a City Contract.

Final contracts may vary from the sample attached in the RFQ. Contracts will be adjusted based on specific disciplines and tasks as appropriate.

Multiple awards will be made based on Firms’ Design Disciplines. Prices must be shown for each item listed. Qualifications submitted without individual item prices listed may be considered as non-responsive and rejected.

The City reserves the right to award part or all of the submittal.

C.7 NOTICE TO PROCEED:

Work with the City shall not commence until a contract has been fully executed and the Consultant has received a City Purchase Order (PO) for each task. A Notice to Proceed is not considered invalid unless it is accompanied by a PO.

SECTION D: GENERAL RFQ AND CONTRACT INFORMATION

D.1 PAYMENT CONDITIONS:

Payment to the Consultant will be made within 30 days after the completion of services and acceptance of a proper invoice. The City reserves the right to withhold payment if the Consultant fails to comply with the purchase agreement or if services are deemed unsatisfactory by the City's inspection. The City will notify the Consultant promptly of any performance issues so that corrections can be made, if possible, before payment is delayed.

Final payment will not be made if the work is found incomplete or does not meet the agreed-upon specifications, including authorized changes. The Consultant must correct or complete any deficiencies before receiving final payment.

Under no circumstances will payment be made for work not authorized by the City, as evidenced by a Purchase Order.

D.2 RFQ CONDITIONS AND PROVISIONS:

1. Submission: Qualifications (including all required attachments) must be submitted electronically via the Rocky Mountain E-purchasing System (BidNet®).

2. Compliance: All Submitters must comply with the conditions, requirements, and instructions outlined in this RFQ. If there are any omissions or conflicts in the instructions, the Submitter must seek written clarification from the Procurement Manager at least forty-eight (48) hours before the submittal opening.

3. Typographical Errors: Errors in submission pricing may result in the loss of contract award.

4. Submission Completeness: All requested information must be provided. Failure to submit complete information may result in disqualification.

5. City’s Discretion: The City reserves the right to postpone, cancel, or reject all submittals if deemed in the City’s best interest.

6. Pricing: Unit prices must be provided for each item. In case of discrepancies in price extensions, the unit price will govern.

7. Waiver of Errors: The Procurement Manager reserves the right to waive minor errors or omissions and to reject any or all submittals, or to award a contract in part or whole, if in the City’s best interest.

8. Compliance with Specifications: The Consultant must comply with all terms, conditions, and specifications of this RFQ.

9. Eligibility: Submittals from entities in arrears to the City, or failing to meet required legal or regulatory compliance, will not be accepted. Submitters may be asked to demonstrate the necessary knowledge and financial capacity to perform the work.

10. Legal Compliance: The Submitter agrees to abide by all applicable laws, regulations, and ordinances of the United States, State of Colorado, and City of Westminster, securing all necessary licenses and permits.

11. Standards Compliance: All materials, supplies, equipment, and services provided must meet all applicable federal, state, and local codes.

12. Formal Contract: A formal contract will be prepared by the City, and the Consultant must sign and submit required insurance and documentation within ten (10) days (or as otherwise specified) from receipt of the contract.

13. No Liability for Costs: The City will not be liable for any costs incurred by the Submitter in the preparation of submittals or in connection with work performed prior to the contract’s execution.

14. Permits and Fees: The Contractor is responsible for procuring necessary permits, paying taxes, and complying with all associated fees. All costs should be included in the submittal price.

15. Tax Exemption: The City is exempt from City, State, and Federal sales/excise taxes.

Tax exemption certificates will be provided upon request.

D.3 PROTESTS:

This policy does not apply if all submittals are rejected or if the solicitation is cancelled without an award.

1. Right to Protest: Any firm who feels wronged (referred to as the "aggrieved party") regarding the solicitation or contract award can protest to the Westminster Procurement Manager, Aran Raz, at araz@westminsterco.gov.

2. Timing of Protests:

a. Pre-Award: If the aggrieved party has concerns about the submittal specifications before the submittal opening date, they must submit their protest at least three (3) business days before that date. The aggrieved party must show that there’s a problem with the specifications. Late protests shall not be accepted.

b. Post Award. If the aggrieved party believes the award process didn’t follow the City’s Procurement rules, they must submit a protest within ten (10) business days after the intent to award is published on Rocky Mountain E- Purchasing System (Bidnet). The aggrieved party must show that the rules were not followed. Late protests shall not be accepted.

c. All protests must be made in writing to the Westminster Procurement Manager, Aran Raz, at araz@westminsterco.gov.

3. Written protest must include:

a. Name, address, and telephone number of the aggrieved party

b. RFQ number and date of procurement

c. A clear explanation of the issues.

d. Any evidence or documents that support your protest

e. A detailed explanation of why you believe you are aggrieved.

4. Decision Authority: The Procurement Manager will review and decide on the protest within ten (10) business days of receiving it. The decision will address the issues raised and will be final.

Award Delay: If a protest is filed, the Procurement Manager may choose to delay the award until the protest is resolved.

D.4 GRATUITIES AND KICKBACKS:

It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee (within six months of termination from City employment), to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding of application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or submittal therefore.

It shall be a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a Subconsultant under a contract to the prime Consultant or higher tier Subconsultant or any person associated therewith, as an inducement for the award of a subcontract or order.

In the event that any gratuities or kickbacks are offered or tendered to any City of Westminster employee, the submittal shall be disqualified and shall not be reinstated.

D.5 NON-COLLUSIVE SUBMITTER CERTIFICATION:

By submission of these qualifications, the Submitter certifies that:

1. The submission has been arrived at by the Submitter independently and has been submitted without collusion with any other Submitter.

2. The contents of the submittal have not been communicated by the Submitter, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the Submitter or its surety on any bond furnished herewith, and will not be communicated to any such person prior to the official opening of the submittal.

3. No firm shall submit more than one submission for this RFQ. It shall be the responsibility of each Submitter to obtain the prior written permission of the Procurement Manager before submittal opening in every situation in which the Submitter, due to corporate association or other affiliation, may be found to be impermissibly associated with another Submitter. Failure to observe this requirement could result in all such affiliated submittals being rejected.

4. Any firm with multiple submissions, shall only have the last submission considered to accommodate technical difficulty deleting a previous submission.

D.6 DISCLOSURE OF CONTENTS OF SUBMITTALS:

The contents of all submittals become a matter of public record and a “Record” under the Colorado Open Records Act, § 24-72-201, et seq., C.R.S. (“CORA”). Upon request to the City, the disclosure of Records is mandatory, with the exception of those Records under CORA which are excluded from disclosure sometimes identified as business or trade secrets or proprietary matters (“Protected Items”). Protected Items so marked may not be disclosed unless disclosure is otherwise required under CORA. If a request is made under CORA for Records, the City will use reasonable efforts to notify the Submitter of the request, and it will be the responsibility of the Submitter to appropriately redact Protected Items from its submittal to the City. If a Submitter does not respond to the City to redact Protected Items as requested all Records may be disclosed by the City. If necessary, a Submitter shall seek a court order to protect their Protected Items, and will defend, indemnify, and hold harmless the City from any claim or action related to the City’s withholding of Protected Items.

D.7 COOPERATIVE PURCHASING:

The City of Westminster encourages and participates in cooperative purchasing endeavors undertaken by or on behalf of other governmental jurisdictions including the Multiple Assembly of Procurement Officials (MAPO) and the Cooperative Educational Purchasing Council (CPEC). We hereby request that any member of MAPO/CPEC by permitted to avail itself of this contract and purchase as specified by the contract resulting from this solicitation request, at the contract prices established therein.

Each governmental entity would establish its own contract, issue its own orders, be invoiced directly, make its own payments and issue its own exemption certificates as required. It is understood and agreed that the City of Westminster is not a legally binding party to any contractual agreement made between another governmental entity and the Consultant as a result of this solicitation. The City shall not be liable for any costs or damages incurred by any other entity.