attachment-download.pdf

City of Aurora Purchasing Services, Suite 5700 15151 E. Alameda Parkway Aurora, Colorado 80012 Phone: 303-739-7100 Fax: 303-739-7509 www.auroragov.org

Request for Proposal: R-6037A Class/Item: 89078, 90921, 91345, 91356, 91359, 91360, 91391, 91842, 92533, 92544, 92597, 92974, 93662, 93663, 93691, 95826, 96895

October 3, 2024

REQUEST FOR PROPOSALS (RFP)

CONSTRUCTION MANAGER/GENERAL CONTRACTOR SERVICES

Kings Pointe Interceptor – Schedule B – Phase 1 The City of Aurora is requesting written proposals from qualified firms to provide CMGC services for the project identified above.

Proposal Submittal Deadline Proposals shall be submitted electronically through the Rocky Mountain E-Purchasing System (aka BidNet) no later than 2:00 p.m., local time, November 6, 2024. File size limit is 25 MB. Please be advised that proposals MUST be submitted through BidNet to be considered responsive. The proposals shall be retained by the City and cannot be returned. If you need assistance with the registration or proposal upload process, you may call BidNet’s vendor support at 1-800-835-4603 or e-mail e-procurementsupport@bidnet.com.

Pre-Proposal Conference:

A pre-proposal conference is scheduled for October 11, 2024, at 10:00 a.m. via MicroSoft Teams.

Click on the following link to participate: Join the meeting now . In the event that this link does not work, interested firms shall email Jeff Lehmann at jlehmann@auroragov.org and provide email address to be invited to the Pre-Proposal Conference Teams Meeting. The purpose of the pre-proposal conference is to provide assistance to prospective consultants in the interpretation of the Request for Proposals, Scope of Services, Sample Contract, and other technical and contractual matters. Attendance at the pre-proposal conference is not mandatory, but highly recommended.

Specific requirements for this project are contained in the attached Section I Scope of Services.

Attendance at the pre-proposal conference, is not mandatory, but highly recommended.

Schedule of Key Dates:

A Schedule of key dates for the Project has been established as follows (subject to change):

October 3, 2024 October 11, 2024 October 18, 2024

Advertise Pre-proposal Conference at 10:00 a.m. via MicroSoft Teams Questions regarding this RFP due by 2:00 p.m.

November 6, 2024 November 19, 2024

Proposals due by 2:00 p.m.

Notification to Short-Listed Firms https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTkxNmIwZmEtYzY5Ny00Yzg2LWJlNDItNGJjMmYzMDQ0YjY2%40thread.v2/0?context=%7b%22Tid%22%3a%229cf07bc1-6fa2-4d49-bc93-7acced6cc8d7%22%2c%22Oid%22%3a%2278818531-e140-49c2-8253-b7d223478dec%22%7d

Project Name: Kings Pointe Interceptor – Schedule B – Phase 1 Project Number: 6037A

Week of November 25, 2024 Week of December 2, 2024 Week of December 9, 2024 Week of December 23, 2024

Interviews with Short-Listed Firms (if needed) Notification to Top-Ranked Firm Negotiations with Top-Ranked Firm Completed Award of Contract Complete

Questions regarding this Request for Proposals shall be addressed to Jeff Lehmann, Sr. Procurement Agent, via email at jlehmann@auroragov.org AND Clinton Weisz, Project Manager via email at cweisz@auroragov.org. All questions will be answered via addendum posted to BidNet.

The City of Aurora reserves the right to amend, by an addendum or addenda to this RFP, at any time and/or a multiple number of times prior to the date set for receipt of the submission of proposals.

Addenda or amendments will only be posted and updated on the Rocky Mountain E-Purchasing System located at www.bidnetdirect.com/colorado . It shall be the responsibility of consultants to obtain all addenda from the Rocky Mountain E-Purchasing System. Parties obtaining bid information from other sources do so understanding that their information may be incomplete, inaccurate, or out of date and therefore wholly unreliable from a commercial perspective.

Consultants registered for the paid bidding notification service shall be notified either by fax or email depending on the service that they have subscribed to. It shall be the responsibility of prospective consultants registered for the no charge, no notification service on the Rocky Mountain E-Purchasing System to monitor the Rocky Mountain E-Purchasing System for any addenda. Failure to do so may lead to reliance on incomplete, inaccurate, or out of date information when submitting proposals subjecting such proposals to automatic disqualification from consideration. If revisions are of such a magnitude to warrant, in the City of Aurora’s opinion, the postponement of the date for receipt of proposals, an addendum will be issued announcing the new date.

Solicitation Process:

It is the intent of the City to award a Contract through a two phased process to the successful Proposer who is selected as the highest ranked CMGC firm from this RFP solicitation. In accordance with the requirements of this RFP, the CMGC Proposers shall submit a Proposal in accordance with the Proposal Submittal Requirements identified in Part - 2 of this RFP.

Under the First Phase the initial proposal responses will be evaluated, scored and ranked based on the evaluation criteria identified in the submittal requirements section Part – 2 of this RFP.

Under the Second Phase, the City may conduct interviews with the short-listed CMGC Proposers based upon the first phase evaluation results. Interviews may be waived if a direct selection of a Firm/Contractor is made based on evaluations of the written proposals. Based on the proposal responses and interviews, an evaluation committee comprised of City staff shall complete the final ranking of the CMGC firms. The firm who is ranked highest by the evaluation committee shall be awarded the contract subject to the successful negotiation of a final agreement and subsequent approval of the award by the City of Aurora Council.

Should the City be unable to reach an agreement with the top ranked CMGC firm, negotiations will commence with the second top ranked firm. This process will continue until a satisfactory contract is negotiated, or the City exercises its right to reject all proposals. The City shall solely decide when negotiations with any Proposer shall be concluded.

mailto:njones@auroragov.org mailto:cweisz@auroragov.org http://www.bidnetdirect.com/colorado

INSTRUCTIONS TO OFFERS & GENERAL REQUIREMENTS – PART 1

TABLE OF CONTENTS

Section No. & Title RFP Page No.

1.0 Introduction……………………………………………………………………… 4

1.1 RFP Documents ………………………………………………………………….. 4

1.2 City Points of Contact …………………………………….……………………… 5

1.3 Addendums…………………………………………………………………….. 6

2.0 General RFP Submittal Requirements …..…………….……………………….. 6

2.1 Preparation & Submission of Proposals……………………………………….. 6

2.2 Proposer’s Pre-Submittal Responsibilities and Representations……………. 6

2.3 Proposal Submission Due Date & Location…………………………………. 7

2.4 General Proposal Submittal Requirements …………………………………….. 7

3.0 Contract Award Process………………………………..……………………….. 8

3.1 Award of Contract ……………………….……………………………………… 8

3.2 Contract Agreement ………………………………..…………………………… 9

3.3 Performance Bond, Payment Bond & Insurance Certificates………………. 9

4.0 Miscellaneous Conditions……………………………….……………………… 10

4.1 Out of State Corporations …………………………….…………………………. 10

4.2 Colorado Labor Requirements …………………………..………………………. 10

4.3 State of Colorado Immigration Law ……………………………….…………… 10

4.4 Subcontractors…………………………………………….…………………… 10

4.5 Compliance with Registration and License Requirements………………….. 11

4.6 Confidentiality of Proposals……………………………… ………………. 11

4.7 Proposal Preparation Costs …………………………………..…………………. 12

4.8 City Of Aurora’s Small Business Enterprise (SBE) Program…….………….. 12

PART 1 – INSTRUCTIONS TO OFFERS & GENERAL REQUIREMENTS

1.0 Introduction

1.0.1 The City of Aurora (“COA”) has issued this Request for Proposals (“RFP”) to solicit proposals (“Proposals”) from firms/contractors (“Proposers”) interested in contracting to serve as the Construction Manager/General Contractor (CMGC) for the Kings Pointe Interceptor – Schedule B – Phase 1 (“Project”). The purpose of this RFP is to determine which Proposer (the “Successful Proposer”) will be awarded the CMGC contract (“Contract”) for the Project.

1.1 RFP Documents

1.1.1 The documents included in this RFP (collectively the “RFP Documents”) consist of the following sections, as well as any attachments and exhibits contained or identified in such sections:

PART 1 – INSTRUCTIONS TO OFFERS & GENERAL REQUIREMENTS

PART 2 – PROPOSAL SUBMITTAL REQUIREMENTS

PART 3 – CMGC CONTRACT AGREEMENT

PART 4 – CMGC GENERAL CONDITIONS

PART 5 – PROJECT SCOPE OF WORK/SPECIFICATIONS

1.1.2 Each Proposer shall review the proposed RFP Documents and provide comments regarding any aspect of such documents to which it has any concern, including but not limited to terms that it considers to be ambiguous or to which it takes exception. Such comments will be submitted to COA’s Purchasing Point of Contact within the time set forth on the cover page of this RFP for the deadline to submit questions. COA will review all comments received and, if it deems appropriate, in its sole discretion, may modify such documents through an Addendum. Proposers shall base their Proposals on the terms and conditions of this RFP only and as amended by any Addendum issued to modify this RFP’s terms and conditions.

1.1.3 The COA in making copies of the RFP documents available to interested firms does so only for the purpose of obtaining Proposals on the Project. As such, the COA does not confer any licenses and or grant for any other use the RFP documents beyond what is stated in this RFP.

1.1.4 The definitions for the terms used in “Part 4 – CMGC General Conditions” of this RFP have the same assigned meanings for the other parts of this RFP unless otherwise stated. The term “Successful Proposer” means the highest ranked best qualified responsive CMGC firm to whom the COA pursuant to the requirements of this RFP makes the award to.

1.2 City Point of Contact

1.2.1 COA’s sole Point of Contact (“POC”) for this RFP shall be the person designated below.

The POC is the only individual authorized to discuss this RFP with any interested parties, including Proposers. All communications about the Project or this RFP shall be in writing to the following

POC:

POC for RFP Solicitation Process: Jeff Lehmann Sr. Procurement Agent

City of Aurora Purchasing Services Division

15151 E Alameda Parkway Aurora, CO 80012 (P): 303-739-7102 Email: jlehmann@auroragov.org

1.2.2 COA disclaims the accuracy of information derived from any source other than COA POC, and the use of any such information is at the sole risk of Proposer. No oral interpretation of this RFP shall be considered binding on the COA.

1.2.3 All communications to the POC from Proposers shall specifically reference the correspondence as being associated with RFP’s Project Name, Project Number and RFP Number.

All questions and other requests for clarification regarding this RFP shall be submitted to COA’s POC in writing in electronic format (submission by email is acceptable). No requests for additional information, clarification or any other communication should be directed to any other individual.

No oral requests for information regarding this RFP will be accepted for response to by the COA.

1.2.4 All questions or requests for clarification must be submitted by the due date and time identified on the cover page of this RFP under the “Schedule of Key Dates”. Questions or clarifications received after such time will not be answered, unless the COA elects, in its sole discretion, to do so.

1.2.5 COA’s responses to questions or requests for clarification shall be in writing through issuance of an Addendum. COA will issue an Addendum to this RFP for responding to questions or requests for clarifications as deemed appropriate. COA will not be bound by any oral communications, or written interpretations or clarifications that are not issued in writing or set forth in an Addendum.

1.2.6 Any Addendum(s) shall be issued pursuant to the General Requirements Section 1.3.1 of this RFP.

1.3 Addenda

1.3.1 Addenda to the RFP Documents, if any, will be posted on the Rocky Mountain E- Purchasing System website as soon as available and shall be the responsibility of the CMGC to obtain all Addenda. COA reserves the right to amend this RFP by issuance of a written Addendum at any time prior to the date set for submission of proposals. CMGC’s registered for the paid notification service on the Rocky Mountain E-Purchasing System shall be notified of addenda either by fax or email depending on the service that they have subscribed to. It shall be the responsibility of contractors registered for the no charge, no notification service on the Rocky Mountain E-Purchasing System to monitor the Rocky Mountain E-Purchasing System for any addenda. If revisions are of such magnitude to warrant, in the City of Aurora’s opinion, the postponement of the date for receipt of proposals, an addendum will be issued announcing the new date.

mailto:njones@auroragov.org

2.0 General RFP Submittal Requirements

2.1 Preparation & Submission of Proposals

2.1.1 Proposals shall be considered only from Proposers that are firmly established in the appropriate business of providing CMGC services, who are financially responsible, and who have the resources and ability to perform the required services in a professional and industry acceptable manner. The City may request additional information as deemed necessary to substantiate the acceptability of any Proposer. Failure to provide such information may result in a Proposer’s proposal being rejected and considered non-responsive.

2.2 Proposer’s Pre-Submittal Responsibilities and Representations

2.2.1 Each Proposer shall be solely responsible for examining the RFP Documents, including any Addenda issued to such documents, and any and all conditions which may in any way affect its Proposal or the performance of the work on the Project, including but not limited to:

1. Examining and carefully studying the RFP Documents, including any Addenda and other information or data identified in the RFP Documents;

2. Visiting the Project site and becoming familiar with and satisfying itself as to the general, local, and site conditions that may affect the cost, progress, or performance of its work on the Project;

3. Becoming familiar with and satisfying itself as to all federal, state, and local laws and regulations that may affect the cost, progress, or performance of its work on the Project; and

4. Determining that the RFP Documents are sufficient to indicate and convey understanding of all terms and conditions for the performance of Proposer’s work on the Project.

2.2.2 The submission of a Proposal shall constitute an incontrovertible representation by the Proposer that they have complied with every requirement of this RFP and that the RFP Documents are sufficient in scope and detail to indicate and convey an understanding of all that is required to successfully complete the Project.

2.2.3 Each Proposer is responsible for giving prior to the proposal submission due date and time COA written notice of: (a) all conflicts errors, ambiguities, or discrepancies that Proposer discovers in the RFP Documents; and (b) aspects of the RFP Documents that Proposer does not understand. Any failure to do so shall be at Proposer’s sole risk, and no relief for error or omission will be provided by COA.

2.2.4 Proposer shall provide COA the RFP Acknowledgement, Revisions, and/or Addenda with submission of the Proposal which will serve to acknowledge that Proposer has received this RFP and accepts without exception all of the requirements, terms and conditions of the RFP including all the associated CMGC Contract documents. The Acknowledgement shall include the identity of the Proposer’s representative, who shall be Proposer’s single point of contact for the receipt of any documents and notices associated with this RFP.

2.3 Proposal Submission Due Date and Location

2.3.1 Unless otherwise changed by Addendum, Proposers are required to submit their proposal responses no later than the due date and time specified on the cover page of this RFP.

2.3.2 No late proposals shall be considered for award. The COA shall not be responsible for late deliveries or mail delays. The time/date stamp clock in the COA’s Office of Purchasing Services shall serve as the official authority for determining the actual time a Proposer’s proposal was submitted. Proposals received by the COA after the specified due date and time in this RFP for submission of proposals shall be rejected and will be returned to the Proposer unopened.

2.3.3 Proposals may only be modified and or withdrawn prior to the due date and time for the submission of proposals identified on the cover page of this RFP. A Proposer may not modify, withdraw and or cancel their Proposal after the Proposal Submittal Deadline unless as otherwise expressly identified in this RFP. As a condition of this RFP each Proposer submitting a Proposal acknowledges, accepts and agrees with this provision.

2.4 General Proposal Submittal Requirements

2.4.1 Proposers shall format and submit proposals in accordance with the general submittal requirements listed here under section 2.4 and in accordance with specific submittal requirements identified in Part - 2 of this RFP. Failure to complete and submit any required forms identified in Part - 2 of this RFP may result in the rejection of a Proposer’s proposal as non-responsive.

2.4.2 Proposers must indicate on their sealed proposal envelope/package the following:

A. The RFP Project Name & Number B. The RFP Solicitation Number C. The Name of the Proposer/Firm D. The Address of the Proposer/Firm

2.4.3 All copies of the Proposal documents identified in Part – 2 of this RFP must be submitted in a sealed envelope/package. Proposals submitted via fax, email, and or other electronic means shall be rejected as being non-responsive. No oral and or telephone proposals shall be considered for this RFP.

2.4.4 Proposers shall submit proposals using complete sets of RFP documents. The COA assumes no responsibility for errors or misinterpretations resulting from using incomplete sets of RFP documents. Proposals must be submitted on the forms/documents provided by the COA in Part - 2 of this RFP. The City may reject any Proposal that is incomplete and that is not legible.

2.4.5 Each copy of the Proposal shall include the legal name of the Proposer and be signed by the person or persons legally authorized to bind the Proposer to a Contract. Proposals submitted by a corporation shall indicate the State of incorporation.

2.4.6 Proposers shall only be allowed to submit one (1) Proposal prior to the due date and time stated in this RFP unless as otherwise specifically authorized in the RFP to submit multiple Proposals.

2.4.7 The COA reserves the right to reject any and all Proposals, to waive any and all informalities and the right to disregard all nonconforming, nonresponsive or conditional Proposals.

Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

3.0 Contract Award Process

3.1 Award of Contract

3.1.1 It is the intent of the COA to award the CMGC services under a phased approach to the successful highest ranked Proposer. Under the first phase of the award process, the COA will negotiate the pre-construction services with the highest ranked Proposer. Once an agreement has been reached on all the details associated with the scope, price and schedule for providing the pre-construction services, they will be incorporated into the initial award of the CMGC Contract found under Part – 3 of this RFP.

3.1.2 During the second phase of the award process the CMGC Contract awarded under phase one shall serve as the master agreement that governs the contractual terms and conditions for how all the work for the overall project shall be completed. The CMGC will be responsible for providing schedules and cost estimates throughout the pre-construction phase. The CMGC will provide an Initial Cost Estimate (ICE) for each work package and will trend the estimate and schedule for each work package throughout the pre-construction services phase. Separate Guaranteed Maximum Price (GMP) work packages will be issued as separate Notice to Proceeds under the master CMGC Contract. Each GMP work package shall include its own separate performance and payment bonds, insurance requirements, scope, price, schedule, substantial and final completion dates, and anything else required by the COA.

3.1.3 After the preconstruction services have been awarded under phase one of the contract award process, the COA shall determine the schedule and order for when each work package shall be completed. When the requirements for a given work package have been finalized, the COA shall request a separate GMP proposal for completing that work package from the CMGC. Each GMP work package proposal request from the COA shall include the details of what the CMGC is required to submit in response to the proposal request for completing the work package. The COA shall then review the submitted GMP work package proposal and negotiate any changes to it as deemed to be appropriate in the best interest of the COA. Once a final agreement has been reached between the COA and the CMGC for completing the work package and COA Council approval has been obtained, a Notice of Award shall be issued to the CMGC. The Notice of Award shall include the required Contract documents (performance and payment bond, insurance requirements and a GMP work package authorization signature form) that need to be completed before the Notice to Proceed can be issued. The CMGC shall sign and deliver the required number Contract documents to the COA within ten (10) calendar days of the receiving the Notice of Award. Once the COA receives the completed Notice of Award Contract documents the Notice to Proceed will then be issued and work may begin on the awarded work package.

3.1.4 In the event the COA and the CMGC are unable to reach an acceptable agreement for award of a GMP work package as described above under section 3.1.3 of this RFP, the COA shall pursue the award of the work package through any other process/means the COA solely deems appropriate. The COA shall be the sole judge in determining when to conclude negotiations on any given GMP work package proposal.

3.2 Contract Agreement

3.2.1 Included in this RFP is a sample of the standard “Construction Manager General Contractor (CMGC) Contract Agreement” that shall be used by the COA for award of the Project. Refer to Part - 3 of this RFP to see the complete sample copy of the Contract Agreement. Response to the RFP indicates the review and acceptance of the Contract as provided under in Part - 3.

3.3 Performance Bond, Payment Bond and Insurance Certificates

3.3.1 The successful Proposer shall be required to execute and furnish to COA a separate Performance and Payment Bond within ten (10) calendar days from the date of the Notice of Award for any awarded work package made under the CMGC Contract. Samples of the Performance and Payment Bonds are attached for review to the sample CMGC Contract included with this RFP.

3.3.2 The Performance and Payment Bonds shall be written on forms provided by the COA. The Attorney-in-Fact, who executes both the Performance and Payment Bonds on behalf of the Surety, shall affix to both Bonds a certified and current copy of Power of Attorney.

3.3.3 The successful Proposer shall also be required to provide the required insurance policies/coverages as required by the COA pursuant to the COA insurance requirements which can be found at the end of the sample CMGC Contract included with this RFP. The stated insurance requirements are considered the general minimum requirements for the initial award of a contract under this RFP. The COA reserves the right to adjust the stated minimum insurance requirements as deemed appropriate for any given work package.

3.3.4 If the successful Proposer fails to comply with any of terms and conditions of this RFP’s Section 3.3 for any given work package, the COA has the right to award the work package to another Contractor.

4.0 Miscellaneous RFP Conditions

4.1 Out of State Corporations

4.1.1 Before or at the time the Contract is awarded to a Proposer who is a Corporation organized outside the State of Colorado, such Corporation must carry out the proper procedure to conduct business in the State of Colorado, designate a place of business within the State of Colorado, and appoint an Agent for service of process, in accordance with Title 7, Article 9 of the Colorado Revised Statues.

4.1.2 Such Proposer/Corporation must furnish the COA with a Certificate from the Colorado Secretary of State indicating the Corporation has authority to conduct business within the State of Colorado.

4.2 Colorado Labor Requirements

4.2.1 Pursuant to Colorado Revised Statute 8-17-101, 102, & 103, a minimum of eighty percent (80%) Colorado labor is mandated for all public works construction. "Colorado labor" is defined as any person who is a resident of the state of Colorado at the time of employment without discrimination as to race, color, creed, sex, age, or religion except when sex or age is a bona fide occupational qualification.

Proposer understands and agrees that failure to comply with the eighty percent (80%) Colorado labor requirement shall constitute a material breach of the contract.

Colorado labor shall be employed to perform the work to the extent of not less than eighty percent (80%) of each type or class of labor in the several classifications of skilled and common labor employed on such public works projects.

Additionally, violators of the mandatory Colorado labor requirement may be found guilty of a misdemeanor and upon conviction, shall be subject to penalties of not more than five hundred dollars ($500) and/or imprisonment in the county jail for a maximum term of one year.

4.3 State of Colorado Immigration Law

4.3.1 Provisions for compliance with the State of Colorado Immigration Law are set forth in the CMGC Construction Agreement. The successful Proposer will be required to provide certification that its employment practices are in compliance with State and Local requirements.

4.4 Subcontractors

4.4.1 The Proposer may allow self-perform work secured in competition, as provided for in the Contract Documents, and/or use Subcontractors for each awarded work package.

4.4.2 Subcontractors and suppliers, proposed by a Proposer and accepted by the COA, must be used on the work for which they were designated. As required in Part 2 of this RFP the Successful Proposer shall furnish to the COA in writing the names of the persons, or entities (including those who are to furnish materials or equipment) proposed for each of the principle portions of the Project Work.

4.4.3 The Proposer shall be required to satisfy the COA regarding the reliability and responsibility of any proposed Subcontractors. This would include the Subcontractor’s capability to perform the Work on the Project for which the Proposer has designated them to complete.

4.4.4 The COA shall notify the Successful Proposer in writing if there is an objection to a proposed subcontractor. If the COA objects to a proposed subcontractor, the Proposer may be required to propose an acceptable replacement.

4.4.5 The COA will promptly reply to the Successful Proposer in writing stating whether or not the COA, after due investigation, has reasonable objection to any such proposed subcontractor, person or entity. Failure of the COA to reply shall constitute notice of no reasonable objection.

The Successful Proposer shall make no substitution for any approved subcontractor, person or entity without the COA’s written approval.

4.4.6 The awarded CMGC Contract Agreement shall not be sublet or assigned without the prior written approval of the COA.

4.5 Compliance with Registration and License Requirements

4.5.1 All Proposers and Proposals must comply with the law with regard to their organizational structure, any required registration with governmental agencies and/or entities, and any required governmental licensure, whether business, individual, or professional in nature, and nothing herein is intended to contradict, nor to supersede, state and federal laws and regulations regarding the same. At the time of submitting Proposals, all Proposers shall be eligible under applicable law and relevant regulations, to offer and to provide any services proposed or related to the Project.

4.5.2 The Successful Proposer and any subcontractors, if applicable, will be required to obtain and Aurora Business License and Contractors License. The Successful Proposer shall provide the license numbers to the COA’s POC for the RFP Solicitation Process prior to Contract award.

4.6 Confidentiality of Proposals

4.6.1 Proposals submitted to the COA for consideration shall be subject to the Colorado Open Records Law, Section 24-72-201, et seq., C.R.S. after award is made. Any confidential information in a proposal shall be identified as such by the submitting Proposer. Proposer’s submitted Proposals shall remain the property of the COA.

4.6.2 If any information is considered to be confidential, the Proposer shall agree to indemnify the COA for any and all attorney fees that the COA may incur in defending the withholding of such information by signing and returning the “Request Under the Colorado Open Records Act” letter found in Part - 2 of the Proposal Submittal Requirements of this RFP. Should the COA receive a request for the release of any information in the Proposer’s proposal in accordance with the open records law, the City will review the Proposer’s proposal, giving consideration to the portions that the Proposer indicated contained trade secrets, privileged information, or confidential commercial, financial, geological, or geophysical data, and may release only that information which has not been identified as confidential so long as Section VII has been signed and returned by the Proposer along with the proposal. Should the Proposer choose not to sign and return Request Under the Colorado Open Records Act letter, all information in the Proposer’s Proposal shall be considered releasable by the COA. Proposers will not be notified of any open records requests prior to the release of such information. If, in the opinion of COA’s legal counsel, the COA is nonetheless compelled to disclose any portion of such information to anyone or else stand liable for contempt or suffer censure or penalty, the COA may disclose such information without liability.

4.7 Proposal Preparation Costs

4.7.1 Any costs incurred by the Proposer in the preparation of a proposal response to this RFP are solely those of the Proposer. The COA assumes no responsibility for the reimbursement of any such costs incurred directly or indirectly by a Proposer associated with preparing and submitting a proposal in response to this RFP.

4.8 City of Aurora’s Small Business Enterprise (SBE) Program

NOTE: The City’s SBE program will be enforced with each construction work package. The information about the program is provided below for your information.

4.8.1 Objectives of the SBE Program are as follows:

The COA’s SBE Program demonstrates the COA’s commitment to the SBE community by promoting economic growth within the local business community and providing a development program to assist SBE’s regardless of gender, age, race or ethnicity.

For purposes of the COA’s Program, SBE’s are defined as a small business if they meet 50% of the Small Business Administration’s size standard that applies to the appropriate North American Industry Classification (NAICS) code for the scope being procured. SBE’s shall self-certify as to their business size status.

As part of the SBE Program, Contracts over $250,000 awarded to large businesses by the COA’s Office of Purchasing Service shall require that the large business use a Good Faith Effort to award no less than 10% of their subcontracting dollars to SBE’s, if they plan to subcontract any portion of the work. This Program does not apply to businesses that will perform 100% of the Contract with their own workforce and or to the Successful Proposer who is already a small business enterprise as it relates to the NAICS identified for this RFP.

Proposers are encouraged to identify as many aspects of the work as possible to enhance the utilization of SBE’s. Proposers are expected to use qualified SBE’s. To be qualified, SBEs must have the necessary financial capabilities, skill, experience, and access to the necessary staff, facilities and equipment to perform the work or to provide the supplies or services that are required.

4.8.2 If the Good Faith Effort requirements of the SBE Program are not met in awarding no less than 10% of the subcontracting dollars to qualified SBE’s, it shall be the responsibility of the large business/Successful Proposer to demonstrate its good faith efforts in attempting to meet the objective. The Successful Proposer, if it has not met the specified objective, must provide a completed Good Faith Effort Questionnaire in support of its good faith effort to meet the objective for evaluation and approval by the COA.

4.8.3 In order to demonstrate compliance with the COA’s SBE Program, the Successful Proposer must complete, sign and submit the documents/forms entitled Statement of Intent to Use Small Business Enterprises (Exhibit A) and Individual Letter of Intent for Each Small Business Enterprise (Exhibit B). In addition, if the SBE objective has not been met, the Successful Proposer will be required to submit the Good Faith Effort Questionnaire (Exhibit C) as provided for herein under "Good Faith Effort." All forms shall be submitted by the Successful Proposer as directed by the COA prior to the award of each work package. If these forms are not completed in detail, signed and submitted as noted above, the Successful Proposer’s Proposal may be rejected.

4.8.4 The adequacy of the Successful Proposer’s good faith effort will be evaluated based upon the following criteria:

1. The Proposer's outreach efforts, including:

Advertising in trade association publications and other publications;

Mailings to SBE’s;

Contacts with SBE contractor organizations;

Phone contacts with SBE’s; and Other activities identified by the Proposer.

2. List items of work identified by the Proposer for subcontract or supply to meet the Program objectives;

3. Efforts to negotiate with SBE’s to obtain them as subcontractors or suppliers;

4. Efforts to provide SBE’s a full and fair opportunity to submit proposals, including the opportunity to review drawings and to have the time to prepare proposals and negotiate; and

5. The reasons why the Proposer was unsuccessful in its efforts to obtain SBE’s as subcontractors, suppliers or joint venture partners.

If the COA determines that the Successful Proposer failed to make a good faith effort, their Proposal may be deemed non-responsive and may be rejected as such.

EXHIBIT A - STATEMENT OF INTENT TO USE SMALL BUSINESS ENTERPRISES (SBE)

The large business/selected contractor shall complete this form for the involvement of SBEs on this project and shall submit this form when Work Package negotiations begin.

IF THIS FORM IS NOT COMPLETED IN DETAIL, SIGNED AND SUBMITTED AS

NOTED ABOVE, THE TOP RANKED FIRM’S EVENTUAL WORK PACKAGE PRICE

PROPOSAL WILL BE REJECTED.

The following SBEs will be utilized (attach additional sheets as required):

1. Name: ____________________________________

Type of Work: _________________________________________________________________

Amount of Contract:

2. Name: ____________________________________

3. Name: ____________________________________

By executing this document, the large business hereby certifies that it fully intends to employ the SBEs listed on this STATEMENT OF INTENT TO USE SMALL BUSINESS ENTERPRISES. Should one or more listed SBEs be deleted after this form has been submitted and or if it becomes necessary to replace an SBE, the CONTRACTOR MUST OBTAIN PRIOR WRITTEN APPROVAL FROM THE

CITY.

Total Anticipated Subcontracting Dollars:

Total Anticipated SBE Subcontracting Dollars:

Total SBE Program Participation Achieved: %

Firm:

(Company Name) By:

(Signature of Firm’s Authorized Representative) Name:

(Type or Print) Title:

Date:

EXHIBIT B - INDIVIDUAL LETTER OF INTENT FOR EACH SMALL BUSINESS

ENTERPRISE

The large business/selected firm shall complete this form for the involvement of SBEs on this project and shall submit this form when negotiations begin.

FIRM INFORMATION:

Name:

Address:

Telephone:

SBE INFORMATION:

Name:

Address:

Telephone:

Type of Firm: Subcontractor Supplier

The North American Industry Classification System (NAICS) code for this award is 237110.

The small business size standard designated for this award in accordance with the City of Aurora’s SBE Program is 22.55 Million U.S. dollars Employees

Description of work to be performed:

Estimated start date: Total value of estimated work:

BIDDER INTENDS TO UTILIZE THE ABOVE-NAMED SBE FIRM FOR THE WORK

DESCRIBED ABOVE. IF THE ABOVE-NAMED LARGE BUSINESS IS NOT DETERMINED TO

BE THE SUCCESSFUL CONTRACTOR AWARDED THE CONTRACT, THIS LETTER OF

INTENT SHALL BE NULL AND VOID.

Firm: SBE Firm:

(Company Name) (Company Name) By: By:

(Firms’s Authorized Representative) (SBE’s Authorized Representative) Name: Name:

(Type or Print) (Type or Print) Title: Title:

Date: Date:

EXHIBIT C - GOOD FAITH EFFORT QUESTIONNAIRE

The large business/selected contractor who has failed to meet the SBE objective is required to complete and submit this form, along with supporting documentation when negotiations begin.

Please use an additional sheet when space is inadequate.

Project SBE Objective: 10% CONTRACTOR SBE PARTICIPATION: %

1. Did your firm advertise for SBE participation? Yes No

If yes, were the advertisements specific or general ?

In what publication(s) did your ad appear?

Please provide a copy of your advertisements.

2. What other sources did your firm use to solicit proposals from SBE subcontractors?

Please provide a copy of your advertisements.

3. What items of work were identified for SBE contracting opportunities? List the items of work identified and the percent of contract:

Item Percent of Total Subcontract Dollars

4. How many SBE firms did you contact by mail?

Please provide a copy of all materials mailed and a list showing to which SBE firms the various mailings were sent.

5. How many SBE firms did you contact by phone?

Please provide a list showing which SBE firms were contacted by phone.

GOOD FAITH EFFORT QUESTIONNAIRE (CONTINUED)

6. For subcontracts where an SBE submitted a proposal, but was not used, provide the following information:

A. Scope of work SBE proposed vs. scope of work non-SBE proposed:

B. Amount of SBE proposal vs. amount of non-SBE proposal. (Note: Include the date the proposals were received.)

7. If you negotiated with SBEs, but no negotiated subcontracts resulted, please give the reasons that your negotiated efforts failed relative to each such failure.

8. If you did not negotiate with any SBE firm(s) please explain why.

9. Please indicate how many negotiated subcontracts you entered into:

10. How many SBE firms reviewed the Scope of Work requirements at your office?

11. Have you previously responded to RFPs on work with public entities in which the solicitation documents set forth objectives for SBEs? Yes No

If the answer to this question is yes, please provide the following information:

A. Were you ever the top ranked firm? Yes No

B. Have you ever failed to meet a specified objective? Yes No

If yes, relative to each incident in which you have failed to reach the objective, please set forth the reasons for any such failure.

C. Has a proposal submitted by your firm ever been rejected for its failure to respond to an

SBE program? Yes No

D. Have you ever competed successfully for a public project and met the objectives specified therein? Yes No

If yes, please identify those projects.

Relative to each of the questions set forth above, please respond in detail on a separate piece of paper, if necessary. This information will be used by the City as an indication of your commitment to the City’s SBE Program.

PROPOSAL SUBMITTAL REQUIREMENTS – PART 2

Submittals shall be formatted and tabbed in the exact form and alphanumeric sequence as listed below. A maximum of 27 pages with two of the pages can be in 11x17 tri-fold format, otherwise all pages must be single sided printed on 8 ½ x 11 paper, 11 point font or larger. Use of figures, photographs, or other graphics within the page constraints indicated is up to the discretion of the contractor.

Additional information, if provided, shall appear at the end of the submittal under its own tab. The City cannot guarantee review of voluminous firm-specific or other information contained as an appendix.

1. Cover Letter (2 page limit)

In one page, express your interest in the Project, state qualifications to do the Work and recount any summary information on the Project Team or your company that may be useful or informative to the reviewers. Include a statement in your cover letter demonstrating the organization’s commitment to provide the level of resources and skills required throughout the project for successful completion. Include the mailing and email addresses and phone number of the primary contact person for this selection process in the introductory letter. Acknowledge receipt of any addenda to the RFP. No separate evaluation points are assigned to this section.

Include the following elements of information in the letter as a minimum and highlight these items in bold letters.

A. Organization Chart showing key personnel attached to this project (one chart for the preconstruction services and another one for the construction services) B. Project number and title C. Certification that the information and data submitted is true and complete to the best knowledge of the individual signing the letter.

D. Certification that your firm accepts and agrees to all the terms and conditions of the CMGC

Contract Agreement and the associated General Conditions including the Insurance Requirements/Policies and Limits provided under Parts 3 & 4 of the RFP. The Certification shall include a definitive statement that if your firm is selected for the award of the contract, that your firm will execute all the required Contract award documents without requesting changes to them.

E. Name, phone number, email address, and fax number of primary contact for the proposal.

2. Bonding Capacity Letter (2 page limit)

Provide a letter from a surety company indicating that the Contractor is capable of obtaining Payment and Performance Bonds covering the full scope/maximum expected cost of the project work. A detailed scope of work will be jointly developed with Contractor during the predesign/preconstruction phase of the project. At present, the cost of the work is estimated at approximately $20M. The surety submitting the letter must be a surety company or companies licensed by the State of Colorado and listed in the current United States Department of the Treasury Circular 570 as an acceptable surety (ies) for the bond amount on federal bonds.

Letters indicating “limited” bonding/security capability are not acceptable.

3. Experience of Firm with Alternative Project Delivery (3 page limit, NOTE Attachment B does not count towards this total and must be included at the end of the section)

• List a minimum of three Alternative Delivery projects (Design-Build, CMAR, CM/GC, and Job Order Contracting, as examples) your organization has completed in the last 10 years. For each of the projects listed, please complete the information requested in Attachment B (you may reproduce the form as necessary).

• Each project listed must have a minimum construction value of $2,000,000.

• The total number of projects listed must have a cumulative construction cost of not less than $10,000,000.

4. Experience of Firm with open cut wastewater pipeline installation (5 page limit, NOTE Attachment B does not count towards this total and must be included at the end of the section)

• List three similar wastewater pipeline construction projects your organization has completed in the last five years, using any project delivery method. For each of the projects listed, please complete the information requested in Attachment B (you may reproduce the form as necessary).

• Projects provided in Item 3 above may also be used as projects to meet the requirements of this section. Provide an additional form for those projects in this section.

• Similar projects shall have the following minimum characteristics:

o 1000 LF or more installation of 18” diameter or larger wastewater pipeline installation o Work in tight corridors or around other congested utilities o Manage pedestrian traffic

5. Experience of Firm with tunneling wastewater pipeline installation (5 page limit, NOTE Attachment B does not count towards this total and must be included at the end of the section)

• List three similar wastewater pipeline construction projects your organization has completed in the last five years, using any project delivery method. For each of the projects listed, please complete the information requested in Attachment B (you may reproduce the form as necessary).

• Projects provided in Item 3 and 4 above may also be used as projects to meet the requirements of this section. Provide an additional form for those projects in this section.

• Similar projects shall have the following minimum characteristics:

o 100 LF minimum of 18” diameter gravity pipe or larger tunneling component. Allowable tunneling methods include guided auger bore, guided pipe ramming, TBM, and or MTBM.

6. Experience of Recommended Project Manager (1 page limit, NOTE Resume should be included as appendix and does not count towards this total)

• List construction experience of the recommended Project Manager that would be assigned to this project. Their resume shall demonstrate the following minimum qualifications:

i. Five years of experience.

ii. Shall have successfully completed a minimum of two wastewater pipeline projects of at least $5,000,000 construction value per project as a project manager in the last five years.

iii. Shall have successfully completed a minimum of two tunneling projects of at least $500,000 construction value per project as a project manager in the last five years..

iv. Provide availability for this project in 2024 - 2026.

v. Provide assurance to the Owner that other project work will not limit the

Project Manager’s performance on this Project.

7. Experience of Recommended Open Cut Superintendent (1 page limit, NOTE Resume should be included as appendix and does not count towards this total)

• List construction experience of the recommended Superintendent that would be assigned to this project. Their resume shall demonstrate the following minimum qualifications:

i. Five years of experience.

ii. Superintendent shall have successfully completed a minimum of two wastewater pipeline facilities of at least $1,000,000 construction value per project in the last five years.

iii. Provide availability for this project in 2024 - 2026.

iv. Provide assurance to the Owner that other project work will not limit the

Superintendent’s performance on this Project.

8. Experience of Recommended Tunnel Superintendent (1 page limit, NOTE Resume should be included as appendix and does not count towards this total)

• List construction experience of the recommended Superintendent that would be assigned to this project. Their resume shall demonstrate the following minimum qualifications:

i. Five years of experience.

ii. Superintendent shall have successfully completed a minimum of two tunneling projects of at least 100 LF of 18” diameter gravity pipe or larger.

iii. Provide availability for this project in 2024 and 2025.

iv. Provide assurance to the Owner that other project work will not limit the

Superintendent’s performance on this Project.

9. FIRM’s CMGC Management Approach (4 page limit)

Provide information related to the CMGC process. At a minimum please address each of the following topics:

• Discuss how a collaborative relationship with the Owner and Design Engineer would be established during preconstruction-phase development, scheduling, cost estimating and risk management.

• Value Engineering and Constructability Reviews. Describe your approach to performing constructability reviews and value engineering based on limited predesign level information. Provide any specific value engineering observations, construction techniques, or innovative ideas that may add value to the project.

• Cost Estimate Development. Describe your approach to developing an Initial Cost Estimate (ICE) and Guaranteed Maximum Price (GMP) for work packages and the total project based on 90% design. How will you ensure that excessive contingency does not become entrenched in the Initial Cost Estimate or GMP?

• Goods and Services Procurement. Describe how you propose to implement and manage the process of procurement of equipment and materials. How you propose to evaluate proposals to balance risk and cost? List the scopes of work you would prefer to Self- Perform specific to this project.

• Risk Management. Explain how you will identify, price, and mitigate risk through a formalized risk management process. How will you support the team during pre-construction and construction activities in achieving a cost at or below traditional projects?

• Cost Estimating and Control. As the project progresses, you will assist the team in updating cost information to ensure the Initial Cost Estimate (ICE) is not exceeded and that the Guaranteed Maximum Price (GMP) is achieved at or below the ICE, and hopefully improved upon. Describe the estimating process you will use to define the cost of each bid item and the cost of any risk. Explain how you will compare your cost to market conditions.