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REQUEST FOR PROPOSAL

25-40 - Zoning Code Consultant

Submission Due Date Thursday, September 3, 2026 by 2:00 pm Mountain Time

Documents Prepared by:

Procurement & Contracts Division

On behalf of

Comm Dev.

Anticipated Key Dates

RFP Issued August 4, 2026

Pre-Proposal Meeting / Conference (Non-Mandatory)

August 11, 2026, 10:00am Microsoft Teams Join:

https://teams.microsoft.com/meet/2491052267

8274?p=dugwUV1OpdazDYPaXe Meeting ID: 249 105 226 782 74 Passcode: 4xj3NT2G

Question Acceptance Deadline August 18, 2026, 2:00pm

Proposals Due by September 3, 2026, 2:00pm

Anticipated Kick-Off October 5, 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, Kelsey

Carter, kcarter@wheatridge.gov

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

https://teams.microsoft.com/meet/24910522678274?p=dugwUV1OpdazDYPaXe https://teams.microsoft.com/meet/24910522678274?p=dugwUV1OpdazDYPaXe

Request For Proposal -25-40-Zoning Code Consultant

Table Of Contents

1. Introduction, Background, Scope of Work

1.1. Introduction

1.2. Background

1.3. Scope of Work

2. Evaluation Process & Criteria

2.1. Evaluation Process

2.2. Evaluation Criteria

3. Administrative and Offeror Information

3.1. Proposal Opening, Evaluation, and Award

3.2. Sales & Use Tax

3.3. Proposer Qualifications

3.4. Right to Investigate

3.5. No Commitment by the City of Wheat Ridge

3.6. Proposal Representation

3.7. Anti-Collusion Clause

3.8. Indemnification

3.9. Insurance

3.10. Laws and Regulations

3.11. Federally Funded Projects

3.12. Accessibility

3.13. Subcontracting

3.14. Sales Prohibited/Conflict of Interest

3.15. Modification of Agreement

3.16. Cancellation

3.17. Termination of Award for Cause

3.18. Termination of Award for Convenience

3.19. Equal Opportunity

3.20. Disadvantaged Business Enterprise

3.21. Common Language

3.22. Proprietary Information

3.23. Competitiveness and Integrity

3.24. Proposal Format

3.25. Proposal Rejection and/or Partial Acceptance

3.26. Governing Law

3.27. Taxes and Licenses by the Awarded Contractor

3.28. Prompt Payment Discounts

3.29. Escalation

3.30. Ownership of Contract Products

3.31. Funding

3.32. Independent Contractor

3.33. Employment of Labor

3.34. Due Diligence

3.35. Debriefing

3.36. Security Access Cards

3.37. Cooperative Procurement

3.38. Vendor Performance Feedback

4. Vendor Response

4.1. Vendor Questionnaire

Attachments:

A - Sample Agreement - Informational Only

B - Sample Billing Form - Informational Only

1. Introduction, Background, Scope of Work

1.1. Introduction

The City of Wheat Ridge is seeking proposals from a qualified consultant team to support a comprehensive analysis of the city's zoning code and to provide technical support with drafting and adopting recommended code amendments. The project implements strategies identified in the City Plan, Affordable Housing Strategy and Action Plan, and Sustainability Plan.

The project is funded through a combination of city and federal grant funds and will require coordination with city staff to support grant compliance, reporting, and billing requirements. The federal funding comes through the Colorado Energy Office Local Impact Accelerator Grant, via the EPA’s Climate Pollution Reduction Grant.

1.2. Background

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

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

1.3. Scope of Work

1.3.1. Overview

The city recently adopted the City Plan (otherwise known as a Comprehensive Plan), which establishes a long-term vision for growth, development, and community character over the next 15 years. A central component of the plan is the concept of Place Types, which define how different areas of the city are expected to evolve while maintaining the city’s unique “patchwork quilt” of neighborhoods and corridors.

The City Plan identifies four key outcomes related to community character that will guide future zoning and development decisions:

• Evolution of Our Places – Supporting incremental, context-sensitive change while maintaining the distinct identity of different areas

• Peaceful Coexistence – Ensuring new development is compatible with and complementary to existing neighborhoods

• Improved Connectivity and Access – Enhancing mobility, particularly for pedestrians and bicyclists

• Making Great Places – Improving the public realm and spaces between buildings to create more vibrant, livable environments

This project will serve as a key implementation step for the City Plan by aligning the zoning code with community priorities. Refer to pages 144-145 and 149-152 of the City Plan for specific implementation steps related to zoning code updates.

In addition to the City Plan, the project will support the implementation of other adopted plans to coordinate and address zoning and land use code updates, including:

• Affordable Housing Strategy and Action Plan (2023) – Identifies the need for expanded housing options, including creation of a new R-4 zone district and exploration of housing preservation strategies such as “no net loss.” Refer to pages 48-59.

• Sustainability Action Plan (2024) – Recommends removing regulatory barriers to transit-oriented development and enabling increased density, mixed uses, and more flexible development standards.

Refer to page 33 of the plan.

Together, these plans establish a clear policy direction to modernize the city’s zoning framework to better support housing, sustainability, and equitable growth.

1.3.2. Project Goals

The city received a grant from the Colorado Energy Office Local IMPACT Accelerator program to support the adoption of code amendments. Therefore, the project is structured around two complementary goals, each tied to distinct policy outcomes and funding sources:

Goal 1: Expand Housing Options and Remove Barriers to Residential Development

Support implementation of housing and sustainability policies by evaluating zoning barriers that directly impact attached housing, multi-family, and mixed-use development near commercial corridors and transit areas. This goal includes a review of the zoning code and recently adopted plans to evaluate zoning tools, including the creation of a new R-4 district and housing preservation strategies, such as “no net loss.”

This goal corresponds with Task 1.A and related policy adoption support funded through the Colorado Energy

Office Local IMPACT Accelerator Grant.

Goal 2: Modernize Commercial and Mixed-Use Zoning to support Economic Vitality

Support implementation of the City Plan by evaluating and modernizing commercial, industrial, and mixed-use zoning regulations to promote economic vitality, redevelopment opportunities, and peaceful coexistence with adjacent neighborhoods.

This goal corresponds with Task 1.B and it is funded by city funds.

1.3.3. Scope of Work

The scope of work is centered around three main tasks, including:

1. Zoning code analysis

2. Technical support for city-drafted code amendments

3. Supporting policy adoption

The Scope of Work is intended to serve as a framework for proposals. Respondents can refine or include additional tasks based on their professional expertise and experience with similar projects.

Task 1: Conduct a zoning code analysis to align with adopted plans

The consultant shall conduct a comprehensive audit of the city’s zoning code and zoning map to evaluate consistency with adopted city plans and identify opportunities to modernize regulations and remove barriers to desired development outcomes. The report shall be broken up into two components: 1) Residential and 2)

Non-Residential, as detailed below:

Task 1.A: Residential Code Audit

This task will focus on evaluating residential development in transit and commercial areas, such as:

1. Analyze the zoning code to identify barriers to housing in commercial areas along key corridors

2. Evaluate lot size and width requirements to allow appropriate infill development in established residential neighborhoods

3. Evaluate a new R-4 zone district allowing attached housing and multi-unit residential with appropriate limitations

4. Explore an approach to allow one-for-one replacement of residential units when redeveloping a nonconforming residential site, called a “no net loss” approach, or other housing preservation strategies

5. Identify inconsistencies, redundancies, and unclear or outdated provisions within the zoning code

6. Ensure alignment between the existing zoning code and the City Plan's goals and desired outcomes

7. Evaluate recent state land use and housing legislation impacts on the zoning code related to House Bill

(HB) 26-1001 and the HOME Act

The analysis shall include both a review of the zoning code and associated documents, with an emphasis on key corridors and areas identified in the City Plan. Refer to page 150 of the City Plan, pages 48-57 of the

Affordable Housing Strategy and Action Plan, and page 33 of the Sustainability Action Plan for specific implementation steps related to residential zoning code updates.

Task 1.B: Non-Residential Code Audit

This task will focus on evaluating non-residential development to support vibrant commercial corridors and economic vitality, such as:

1. Identifying regulatory barriers to commercial, industrial, and mixed-use development by:

a. Analyzing zoning solutions to allow appropriate temporary and short-term commercial development, including pop-up uses

b. Modernizing parking requirements to determine if flexibility can be offered, especially for existing constrained commercial sites, and exploring opportunities for shared or district parking approaches

c. Identifying other zoning code barriers to redevelopment/repurposing of existing sites and infill commercial development

2. Reviewing and recommending updates to the list of permitted uses for commercial, industrial, and mixed-use zones to balance the desire for economic development and simplifying permitted use tables with the need to ensure peaceful coexistence when adjacent to residential uses, which may include:

a. Reviewing the types of uses that may be impactful to adjacent residents, including a review of the special use and conditional use processes

b. Recommendations to streamline and simplify the use tables to make them more user-friendly, lower barriers to new businesses, and allow for flexibility

c. Aligning permitted uses to the goals and Place Types in the City Plan

3. Evaluating inconsistencies, redundancies, and unclear or outdated provisions within the zoning code

4. Ensuring alignment between the zoning code and the City Plan’s desired outcomes

The analysis shall include both a review of the zoning code and associated documents, with an emphasis on key corridors and areas identified in the City Plan. Refer to pages 149-152 of the City Plan for specific implementation steps related to non-residential zoning code updates. This specific task should be billed separately from Task 1.A to ensure proper reporting for the grant funds.

Task 1.C Stakeholder Engagement to Inform Code Amendments

In addition to a zoning code analysis, the consultant will lead targeted stakeholder engagement with developers and builders to understand unclear or outdated provisions of the zoning code applied in practice.

Results from this engagement should help inform the findings and recommendations from the zoning code analysis.

This task can be completed through one-on-one interviews or facilitated focus group discussions and should be summarized in the final technical memorandum or report.

Task 1 Deliverables

1. Technical memorandum summarizing the residential and non-residential zoning code analysis, including identified barriers, inconsistencies, and opportunities for improvement

2. Analysis of misalignment between existing zoning, land use patterns, and City Plan Place Types

3. Summary of targeted stakeholder engagement

Task 2: Provide technical support to inform code amendments

City staff will take the lead in drafting the code amendments and final ordinance for adoption. However, the selected consultant is expected to provide recommendations, best practice research, and technical guidance sufficient to support city staff in preparing draft code amendments and related policy materials.

Based on findings from Task 1, this may include, but is not limited to:

1. Providing recommendations to inform updates to zoning districts, permitted uses, and development standards

2. Providing recommendations to simplify and streamline the zoning code, both regulations and processes

3. Advising on the structure and considerations for new or updated districts (including a potential R-4 district)

4. Identifying potential future zoning map updates through analysis and recommendations on permitted uses and commercial corridors.

Task 2 Deliverables

Deliverables for this task include:

1. Research and documentation of best practices and feasibility considerations

2. Term sheet and outline for proposed code amendments

3. Technical support to city staff and recommended refinements to code amendments

Task 3: Support Policy Adoption

The city will lead policy adoption, but the selected consultant shall support city staff by attending planning commission and city council meetings and study sessions, preparing presentation materials, providing technical input on draft refinement, and other support as needed.

Task 3 Deliverables

1. Presentation materials for Planning Commission and City Council

2. Attendance and technical support at public meetings and hearings

3. Technical guidance on final policy language and ordinance

1.3.4. Project Funding

The total anticipated budget is approximately $217,500, consisting of city funds and a federal grant from the

Colorado Energy Office:

Funding Source Project Budget (Approx.) Description

City of Wheat Ridge – City Plan

Implementation

$60,000 Non-residential and general zoning code updates (Reserved funds to assist with task

1.B)

Colorado Energy Office – Local

IMPACT Accelerator Grant

$157,500 Topics that address housing in residential and commercial areas adjacent to transit corridors (Primarily to assist with task 1.A, Task 2, and Task 3).

The selected consultant team is expected to understand these funding distinctions and work collaboratively with city staff to appropriately allocate billing and expenses to the correct funding source throughout the project. Because this project is supported in part by a federal grant, the selected consultant will also be expected to provide invoices, supporting documentation, and reporting materials that comply with applicable federal requirements.

Final funding amounts are negotiable and will be finalized upon contract execution. Proposals should include a clear, detailed scope of work and a fee structure that demonstrates how the core project objectives can be completed within the anticipated project budget.

If the consultant team believes additional tasks, technical analyses, engagement activities, or other services would strengthen the overall project outcome, proposals may include optional or supplemental services as a separately identified component. These items should include a description of the added value provided, associated costs, and any other relevant information. The city may elect to include some, all, or none of the additional services during contract negotiations, depending on project priorities, available funding, and the final agreed-upon scope of work.

1.3.5. Project Schedule

The project is anticipated to kick off in early October and will take approximately 12-18 months to complete.

The proposals shall include a project schedule that details milestones and deliverables.

1.3.6. Artificial Intelligence Disclosure and Use Requirements

The City recognizes that vendors may use artificial intelligence (AI) tools to assist in the performance of services under this solicitation. The use of AI is permitted provided it complies with the following requirements:

Disclosure of AI Use

The Contractor shall disclose whenever artificial intelligence tools, including generative AI, machine learning applications, or automated analysis systems, are used to create or materially contribute to any deliverable provided under this contract prior to delivery. The disclosure shall identify:

• The AI tool(s) or system(s) used; and

• The nature of the AI's contribution (e.g., research, drafting, editing, analysis, data summarization, or other assistance).

Human Review and Responsibility

All deliverables submitted to the City shall be reviewed, verified, and approved by qualified personnel with appropriate subject matter expertise prior to submission. The Contractor remains solely responsible for the accuracy, quality, completeness, legality, and compliance of all deliverables, regardless of the extent of AI assistance. AI-generated or AI-assisted content must be fact-checked, reviewed for bias or errors, and validated against primary sources where applicable.

Data Security and Confidentiality

The Contractor shall not enter confidential information, personally identifiable information (PII), protected data, or other non-public information into publicly available or consumer-grade AI platforms. Any AI tools used in the performance of this contract shall provide enterprise-level security and data protection appropriate for the information being processed. Data provided by the City shall not be used to train, improve, or fine-tune any AI model without the City's prior written approval.

Quality Standards

All deliverables shall meet the requirements of the Scope of Work and all acceptance criteria identified in the solicitation and resulting contract. Where appropriate, AI-generated content shall be distinguishable from the

Contractor's independent analysis. Factual statements shall be supported by primary or otherwise authoritative sources and shall not rely solely on AI-generated summaries or conclusions.

2. Evaluation Process & Criteria

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: Kelsey Carter at kcarter@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. Understanding of Scope of Work

1. The two-part structure of the zoning audit, residential (Task

1.A) and non-residential (Task

1.B).

2. The policy context driving this project and demonstrated understanding of the goals in the

City Plan, the Affordable Housing

Strategy and Action Plan, and the

Sustainability Action Plan.

3. The federal grant requirements of the Colorado Energy Office Local

IMPACT Accelerator Grant and the importance of proper expense allocation and documentation between funding sources.

4. The city’s role as the primary author of code amendments, and the consultant’s role in providing analysis, best practice research, stakeholder engagement, and technical support.

5. The scope and nature of deliverables, including the technical memorandum, targeted stakeholder engagement, and policy adoption support materials.

Points Based 25 (25% of Total)

2. Qualifications of Firm and

Subconsultants

1. Experience conducting zoning code audits, land use analyses, and map analysis, particularly in suburban communities of comparable size and character to

Wheat Ridge.

2. Familiarity with the scope of work, including experience modernizing zoning codes to support residential infill opportunities such as missing middle housing, and non-residential zoning by right-sizing regulations to support economic vitality

3. Demonstrated capacity to manage federally funded planning projects, including compliance with grant reporting and documentation requirements.

4. Qualifications and relevant experience of key personnel assigned to the project, including project managers and technical leads. Resumes or qualifications summaries should be included.

5. Experience of any proposed subconsultants, and a clear description of their role in the project.

References from comparable prior projects will be considered as part of this category.

The City may contact references provided.

Points Based 20 (20% of Total)

3. Proposed Approach to Providing

Services

1. A clear and well-structured project work plan describing how the consultant will approach each task, including the zoning code analysis for residential (Task 1.1) and non-residential (Tasks 1.2), technical support for code amendments (Task 2), and policy adoption support (Task 3).

2. A project schedule with defined milestones and deliverables that demonstrates the ability to complete the project within the anticipated 12–18 month timeline, based on the anticipated project kick-off date.

3. A description of how the consultant team will coordinate with city staff, maintain clear communication, and support grant reporting obligations throughout the project.

Points Based 25 (25% of Total)

4. Related Experience and References

1. Zoning code audits and comprehensive code updates for municipalities with a similar size and character to Wheat Ridge.

2. Projects that addressed housing diversity and affordability, including creation of new residential zone districts, removal of barriers to attached housing, or other relevant strategies.

3. Projects that help modernize commercial, industrial, and mixed-use zoning to help promote economic redevelopment and vitality.

4. Work completed in collaboration with community planning departments, providing technical support and analysis.

5. Experience working within grant-funded project structures, including federally funded programs with specific reporting and compliance requirements.

Proposals shall include a minimum of three

(3) references from comparable projects completed within the past five (5) years.

References should include the project name, client name, and contact information, project description, and the consultant’s specific role. The city reserves the right to contact references as part of the evaluation process.

Points Based 15 (15% of Total)

5. Price

The total anticipated budget for this project is approximately $217,500, funded through a combination of city funds and a Colorado

Energy Office Local IMPACT Accelerator

Program grant. Proposals will be evaluated on:

1. The overall reasonableness of the proposed fee relative to the scope, complexity, and quality of work described in the proposal.

2. The consultant team’s ability to deliver the core project objectives within the anticipated project budget.

3. How effectively the proposed budget allocation aligns with the scope of work, project priorities, and anticipated level of effort for each task.

4. The consultant’s approach to separately tracking and billing costs associated with grant-funded tasks versus city-funded tasks in accordance with grant compliance requirements.

5. The value provided relative to cost, including the quality, completeness, and feasibility of proposed deliverables.

6. If the proposal exceeds the anticipated budget, the clarity and justification of any additional tasks or services, including a description of the value each addition would provide to the overall project outcome.

The City reserves the right to negotiate scope and fees with the selected consultant. Final funding amounts are subject to confirmation upon contract execution.

Points Based 15 (15% of Total)

3. Administrative and Offeror Information

3.1. Proposal Opening, Evaluation, and Award

There is no public opening. Names of each proposer will be posted on the city website. Proposals will be examined after opening and will be evaluated based on the evaluation criteria. The firm selected for the award will be chosen based on the apparent Best Value to the City and not necessarily based on lowest price. The City reserves the right to make multiple awards if deemed in the best interest of the City. No proposal may be withdrawn for a period of sixty (60) calendar days of the Proposal Opening date.

3.2. Sales & Use Tax

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

Exempt: 98-03515

3.3. Proposer Qualifications

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

3.4. Right to Investigate

The City reserves the right to investigate and confirm the proposer’s financial responsibility. This may include financial statements, bank references, and interview with past consultants, employees, and creditors.

Unfavorable responses to these investigations are grounds for rejection of the proposal.

3.5. No Commitment by the City of Wheat Ridge

This Request for Proposals does not commit the City of Wheat Ridge to award any costs or to pay any costs, or to award any contract, or to pay any costs associated with or incurred in the preparation of a proposal to this request, or to procure or contract for services or supplies. In acceptance of proposals, the City of Wheat Ridge reserves the right to negotiate further with one or more of the contractors as to any features of their proposals, and to accept modifications of the work and price when such action will be in the best interest of the City. This includes solicitation of a best and final offer from one or more of the proposers.

3.6. Proposal Representation

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

3.7. Anti-Collusion Clause

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

3.8. Indemnification

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

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

3.9. Insurance

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

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

Certificate Holder:

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

Required

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

Required

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

Ridge.

Required

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

Subrogation on behalf of City of Wheat Ridge.

Employer’s liability:

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

Required

Commercial General Liability

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

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

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

Required

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.

Required

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

Combined single limit for bodily injury and property damage.

$1,000,000 each accident

Required

Professional Liability/Errors and Omissions

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

Required

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

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

Required

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

Required

3.10. Laws and Regulations

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

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

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

3.11. Federally Funded Projects

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

3.12. Accessibility

Contractor(s) and solutions complies with all applicable provisions of §§24-85-101, et seq., C.R.S., [1] and the

Accessibility Standards for Individuals with a Disability, as established by the Office Of Information

Technology pursuant to Section §24-85-103(2.5). Contractor also complies with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1, as described in State of Colorado

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

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

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

Parties in relation to the Contractor’s failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility

Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to

Section §24-85-103(2.5).

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

3.13. Subcontracting

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

3.14. Sales Prohibited/Conflict of Interest

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

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

3.15. Modification of Agreement

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

3.16. Cancellation

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

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3.17. Termination of Award for Cause

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

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

3.18. Termination of Award for Convenience

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

3.19. Equal Opportunity

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

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

3.20. Disadvantaged Business Enterprise

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

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

3.21. Common Language

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

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

3.22. Proprietary Information

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

3.23. Competitiveness and Integrity

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

3.24. Proposal Format

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

3.25. Proposal Rejection and/or Partial Acceptance

The City reserves the right to the following:

• Reject any and all proposals.

• Accept other than the lowest price.

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

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

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

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

3.26. Governing Law

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

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

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

3.27. Taxes and Licenses by the Awarded Contractor

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

3.28. Prompt Payment Discounts

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

3.29. 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 will be considered up to 3% of the original contract value. All increases must be justified in writing. The City reserves the right to reject pricing increases and may choose to resolicit.

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.

3.30. Ownership of Contract Products

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

3.31. Funding

There is in effect within the City of Wheat Ridge, Colorado, Section 2-4 of the City’s Code of Laws which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid award. The contractor is specifically advised of this Section

2-4 of the Code of Laws. This contract is specifically subject to the provisions of said Code Section. Funding of this contract for any time period after January 1st of the year succeeding the date of entry of this contract is expressly contingent upon appropriations being made by the City Council of the City of Wheat Ridge, Colorado. No promise—expressed or implied—is made that such funding will be approved by the City Council, acting in its legislative discretion.

3.32. Independent Contractor

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

3.33. Employment of Labor

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

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

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

3.34. Due Diligence

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

3.35. Debriefing

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

3.36. Security Access Cards

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

3.37. Cooperative Procurement

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

We hereby request that and member of MAPO/CPEC by permitted to avail itself of this contract and purchase as specified by the contract resulting from this solicitation request, at the contract prices established therein.

Each governmental entity would establish its own contract, issue its own orders, be invoiced directly, make its own payments and issue its own exemption certificates as required. It is understood and agreed that the City of

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

3.38.