biddoc.pdf

REQUEST FOR PROPOSAL (RFP) – CONSTRUCTION

CONSTRUCTION MANAGER AT RISK FOR THE BIG DRY CREEK 54-INCH

INTERCEPTOR SEWER REPAIR AND REPLACEMENT PROJECT

Solicitation No. RFP-PWU-26-323

SCHEDULE OF EVENTS

RFP Advertisement October 9, 2026 Mandatory Pre-Proposal Conference October 15, 2026 10:00 AM MST Deadline to Submit Questions October 23, 2026 4:00 PM MST Response to Questions October 29, 2026 4:00 PM MST Proposal Due Date November 10, 2026 4:00 PM MST Evaluation November 12 – November 23, 2026 Tentative Interviews with Shortlisted Contractors December 3, 2026 Notification of Final Selection December 7, 2026 Contract Negotiations with Selected CMAR December 8, 2026 – December 23, 2026 Tentative Date for City Council Approval January 25, 2027

Procurement official: Bryn Fillinger, Senior Procurement Analyst Email: bfilling@westminsterco.gov

Phone: 303-658-2716

Authorized Communications. From the date of issuance of this Solicitation until award, all communications regarding this Solicitation shall be directed only through BidNet and to the Procurement official listed on the cover page, unless otherwise authorized by the City.

Communication with other City personnel regarding this Solicitation may result in disqualification, in the City’s sole discretion.

The party submitting a proposal, hereinafter referred to as the Proposer, offers to furnish to the City of Westminster the products and services requested in accordance with the specifications and subject to the Terms and Conditions described herein.

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Table of Contents

A.1 INTRODUCTION:

A.2 PROJECT DESCRIPTION

A.3 TERM:

A.4 SCOPE OF WORK/ REQUIREMENTS

A.5 RFP ATTACHMENTS:

A.6 WORK SCHEDULE

A.7 MANDATORY PRE-PROPOSAL CONFERENCE and SITE VISIT:

A.8 ELECTRONIC SUBMISSION OF PROPOSALS AND COMMUNICATION:

A.9 CLARIFYING QUESTIONS:

A.10 ADDENDA:

A.11 PRICING:

A.12 PRICE REDETERMINATION:

A.13 PAYMENT TERMS:

A.14 INSURANCE REQUIREMENTS:

A.15 BID BOND REQUIREMENTS (Phase 1):

A.16 PAYMENT AND PERFORMANCE BONDS:

A.17 LIQUIDATED DAMAGES:

A.18 AWARDS

A.19 NOTICE TO PROCEED

A.20 REGISTRATION WITH THE COLORADO SECRETARY OF STATE:

A.21 OBLIGATION TO KEEP PROJECT TEAM INTACT:

SECTION B: PROPOSAL SUBMISSION REQUIREMENTS

B.1 GENERAL SUBMISSION INFORMATION:

B.2 CHANGES:

B.3 MODIFICATIONS TO PROPOSAL:

B.4 CONTRACT DOCUMENTS:

B.5 ACCEPTANCE PERIOD:

B.6 PROPOSAL CONTENTS AND FORMAT:

B.7 PROPOSAL INTERVIEWS, EVALUATION, AND SELECTION:

SECTION C: EVALUATION AND AWARD

C.1 EVALUATION OVERVIEW

C.2 PROPOSAL EVALUATION ITEMS:

C.3 INTERVIEW EVALUATION ITEMS:

C.4 EVALUATION AND SELECTION:

C.5 AWARD TYPE:

C.6 NOTICE TO PROCEED:

SECTION D: GENERAL RFP AND CONTRACT INFORMATION

D.1 RFP CONDITIONS AND PROVISIONS:

D.3 GRATUITIES AND KICKBACKS:

D.4 NON-COLLUSIVE PROPOSER CERTIFICATION:

D.5 DISCLOSURE OF CONTENTS OF PROPOSALS:

RFP OVERVIEW AND PROJECT REQUIREMENTS

A.1 INTRODUCTION:

The City of Westminster, hereinafter referred to as the City, is inviting qualified construction contractors to submit proposals for a Construction Manager at Risk (CMAR) for the Big Dry Creek 54-inch Interceptor Rehabilitation Analysis and Design Project. This RFP outlines the scope of work, requirements, and conditions for proposing. The successful Proposer, hereinafter referred to as the Contractor, will enter into a contract with the City for the completion of the work outlined herein.

A.2 PROJECT DESCRIPTION

The project includes the rehabilitation of the final segment of the Big Dry Creek Interceptor Sewer (BDCIS), a 54-inch diameter pipeline along with a new diversion structure. The selected CMAR will assist the City of Westminster and its Consultant from 30% to final design phases. Rehabilitation includes cured-in-place pipe (CIPP) to deliver a sustainable and cost-effective result.

The CMAR will be required to provide Phase 1 Preconstruction Services that include constructability and phasing reviews, schedule and cost model development, risk identification and mitigation, and procurement planning. Deliverables for Phase 1 will include participation in workshops and design meetings, development of a Guaranteed Maximum Price (GMP) proposal, and preparation of project management plans such as safety, quality, and environmental management.

If awarded, the CMAR will then perform Phase 2 Construction Services, which will encompass bidding and procurement of subcontractors, execution of construction and commissioning activities, and implementation of the project management plans developed in Phase 1. Throughout both phases, the contractor will be responsible for transparent cost estimating, documenting decisions, and coordinating closely with City staff and the design team to maintain operational continuity at the facilities.

Location: 128th and N. Pecos to BDC WWTF Estimated Duration: Phase 1: 6 to 8 months, Phase 2: 6 to 9 months

A.3 TERM:

Please include an anticipated project duration for the work remaining with your submittal.

All payments and obligations under any resulting contract are subject to annual appropriation of funds by the Westminster City Council for each fiscal year. If the City Council does not appropriate funds for any fiscal year during the term, the contract will terminate as of the end of the last fiscal year for which funds were appropriated.

Nothing in this RFP or any resulting contract shall be deemed or construed as creating a multiple-fiscal-year direct or indirect debt or financial obligation under Colorado Constitution Article X, Section 20 (the TABOR Amendment).

A.4 SCOPE OF WORK/ REQUIREMENTS

The Scope of Work (SOW) is attached as Exhibit B to this RFP.

A.5 RFP ATTACHMENTS:

Exhibit A Sample CMAR Agreement with General Conditions Exhibit A.1 Amendment No. 1 to the CMAR Agreement Exhibit B Scope of Work Exhibit C Overall Map of 54-inch BDCIS Exhibit D Price and Fee Workbook/Work Breakdown Structure Exhibit E CCTV Exhibit F 30% Plans Exhibit G 30% Basis of Design Report

A.6 WORK SCHEDULE

All work on City property shall be done during regular working hours on regular working days (Saturdays, Sundays and Holidays excepted) or as follows:

1. Any excessively noisy work or other work which might disturb procedure at City Building shall be rescheduled through the Project Manager or Building Superintendent.

If a Contractor must work overtime, on City property, in order to meet required completion dates, they shall get advance approval from the agency involved, and hours of work shall be agreed upon.

A.7 MANDATORY PRE-PROPOSAL CONFERENCE and SITE VISIT:

A MANDATORY pre-proposal conference and site visit will be conducted at the date and time listed above in the Schedule of Events on the cover page. The solicitation terms and conditions will be reviewed and discussed. Interested Proposers MUST ATTEND this conference and site visit to have their proposals considered responsive in person at the address listed below

In-Person Meeting Location and Site Visit Immediately after Meeting City of Westminster Reclaimed Water Treatment Facility 13070 Huron St, Westminster, CO 80234

For any issues finding the meeting location, Proposers may contact Daniel Stewart at

720.527.1886 on the date of the site inspection.

Proposals submitted by firms that did not have a representative at the mandatory pre-proposal and site visit will be considered non-responsive.

A.8 ELECTRONIC SUBMISSION OF PROPOSALS AND COMMUNICATION:

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

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

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

A.9 CLARIFYING QUESTIONS:

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

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

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

A.10 ADDENDA:

If it becomes necessary to revise, clarify, supplement, or cancel any part of this solicitation, the City will issue written addenda through BidNet. It is each Respondent’s responsibility to verify receipt of and compliance with all addenda.

https://www.bidnetdirect.com/colorado/cityofwestminster

A.11 PRICING:

The Proposer must complete Exhibit D: Price and Fee Workbook/Work Breakdown Structure submitting all required pricing information. Exhibit D shall be included in a separate envelope.

Total level of effort and fee for the Pre-Construction, Phase 1, Scope of Services shall be submitted in the format specified in Section B: Proposal Submission Requirements of this RFP.

Do not include cost or price figures anywhere except in the CMAR Price and Fee Workbook/Work Breakdown Structure. Please submit the written proposal as Envelope 1 and the completed CMAR Price and Fee Workbook/Work Breakdown Structure as Envelope 2.

A.12 PRICE REDETERMINATION:

The Contractor’s pricing and fee schedule for Phase 1 Preconstruction Services shall remain firm for the duration of the preconstruction period. No adjustments to hourly rates, multipliers, or other fee components will be permitted during Phase 1.

For Phase 2 Construction Services, the Guaranteed Maximum Price (GMP) and associated fee schedule, once negotiated and approved by the City, shall remain fixed for the duration of the construction phase, subject only to adjustments as allowed by the CMAR Agreement and its attachments including General Conditions.

A.13 PAYMENT TERMS:

Each invoice shall be accompanied by a pricing worksheet acceptable to the City, submitted in an editable Excel format, and updated to allow the City to track project progress independently. The worksheet shall include, at a minimum:

1. Hours worked by individual staff member and classification, assigned to each task and subtask

2. Billing rates and associated costs for each staff member and classification

3. Total cost incurred for each task, subtask, and overall project for the billing period and cumulative to date

4. Planned progress vs. actual progress, with a clear benchmark for comparison

5. Contractor’s assessment of earned value on a cumulative basis as the project progresses

Progress payments shall be based on actual hours worked and authorized in the CMAR Agreement. Direct labor charges shall include only personnel actively engaged on the project. Management and administrative costs shall be considered overhead.

Under no circumstances will the CMAR receive payment for work not authorized by the City.

The worksheet must allow City staff to easily verify who worked on what, how much time was spent, the cost by person, and the total cost and progress for each task and subtask

For Phase 2 Construction Services, once a GMP is established and approved by the City, payment will be made in accordance with the GMP Agreement, subject to City review and approval. Retainage will be withheld in accordance with state law and contract provisions until final completion and acceptance of the work.

A.14 INSURANCE REQUIREMENTS:

The Contractor shall carry the insurance specified in Exhibit A: Sample CMAR Agreement with General Conditions, which is included with this RFP, and shall submit proof of such insurance when delivering the executed Contract to the City of Westminster.

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

A.15 BID BOND REQUIREMENTS (Phase 1):

A Bid Bond is not required for Phase 1 Preconstruction Services. However, each Proposer shall submit a letter from a surety company authorized in Colorado, verifying the Proposer’s bonding capacity sufficient to cover the anticipated Phase 2 construction value. Failure to provide proof of bonding capacity may result in disqualification.

A.16 PAYMENT AND PERFORMANCE BONDS:

Prior to execution of the Phase 2 Amendment 1 (upon GMP approval), the Contractor shall furnish both a Performance Bond and a Payment Bond, each equal to 100% of the total GMP. Bonds shall be issued by a surety company authorized in Colorado, listed on the U.S. Department of the Treasury’s approved list, and rated at least “A-” by A.M. Best (or equivalent).

The required security must be submitted within ten (10) business days of contract execution and shall remain in effect through final acceptance of the work. Failure to furnish the required bonds within the specified timeframe may result in the City rescinding the Phase 2 award and awarding construction services to the next qualified proposer.

A.17 LIQUIDATED DAMAGES:

Liquidated damages will not apply to Phase 1 Preconstruction Services. For Phase 2 Construction Services, the City and the Contractor acknowledge that timely completion of the Work is critical. Accordingly, liquidated damages may be assessed if the Work is not substantially complete within the timeframe established in the Phase 2 Amendment No. 1. Specific liquidated damages amounts and durations will be negotiated and incorporated into the GMP amendment.

A.18 AWARDS

Any award as a result of this RFP shall be contingent upon the execution of a City contract. One award will be made on an "all or none" basis. Prices must be shown for each item listed. Proposals submitted without individual item prices listed will be considered as non-responsive and rejected.

A.19 NOTICE TO PROCEED

The awarded Proposer, herein referred to as the CMAR shall not perform any work prior to an executed City Contract and Notice to Proceed. A Notice to Proceed is not considered invalid unless it is accompanied by a PO.

A.20 REGISTRATION WITH THE COLORADO SECRETARY OF STATE:

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

A.21 OBLIGATION TO KEEP PROJECT TEAM INTACT:

The Proposer shall acknowledge and accept, as part of its Proposal, that the individuals and Key Firms identified in its Proposal are essential to the successful delivery of the Project. Substitution or replacement of such Key Personnel or Key Firms shall not occur without prior written approval by the City. In the event substitution is necessary due to circumstances beyond the Proposer’s control (e.g., illness, resignation, termination, force majeure), the Proposer shall promptly propose a replacement of equal or greater qualifications and experience, subject to City review and approval. The City reserves the right to reject any proposed substitutions that do not meet these requirements.

The Proposer shall expressly confirm acceptance of this requirement in its Proposal Transmittal Letter.

SECTION B: PROPOSAL SUBMISSION REQUIREMENTS

B.1 GENERAL SUBMISSION INFORMATION:

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

Proposals submitted through BidNet are locked until after the due date. Proposers are encouraged to submit their proposals well in advance to allow time for any technical issues, as late proposals will not be accepted by the system.

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

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

B.2 CHANGES:

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

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

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

B.3 MODIFICATIONS TO PROPOSAL:

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

Once submitted, a proposal becomes City property. The City shall retain all proposals submitted regardless of whether that proposal is selected in accordance with the City’s retention policy. Submission of a proposal indicates acceptance by the Proposer of the conditions contained in this RFP.

B.4 CONTRACT DOCUMENTS:

The City’s Sample Contract is included as Exhibit A: Sample CMAR Agreement with General Conditions of this RFP. The awarded CMAR will be expected to sign a reasonable facsimile of the Contract as presented in Exhibit A: Sample CMAR Agreement with General Conditions of this RFP packet, except that the Contract will be modified to reflect the actual scope of services being provided.

Proposers should submit any proposed exceptions in a red-lined copy of the City’s Contract when submitting their proposal.

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

B.5 ACCEPTANCE PERIOD:

Proposals in response to this RFP shall indicate that they are valid for a period no less than 120 days from the closing date, and if awarded, through the initial contract period.

B.6 PROPOSAL CONTENTS AND FORMAT:

I. Submission Content

The content requirements set forth in this RFP and the Exhibits represent the minimum content requirements for the Proposal. It is the Proposer’s responsibility to include information in its Proposal to present all relevant qualifications and other materials. The Proposal, however, should not contain standard marketing or other general materials. It is the CMAR’s responsibility to modify such materials so that only directly relevant information is included in the Proposal. The Proposal shall not exceed 30 pages excluding attachments.

The Proposal must include the following information in the order listed below:

Envelope 1 in BidNet:

Transmittal/Cover Letter Part 1: Executive Summary Part 2: CMAR Profile Part 3: Project Organization and Key Personnel Part 4: Relevant Project Experience Part 5: Project Approach Appendix A: Supporting Financial and Company Documentation Appendix B: Resumes of Key Personnel Appendix C: CMAR Contract Markup Appendix D: Proposed Schedule

Envelope 2 in BidNet:

Appendix E: Fee and Price Proposal

Proposals shall be signed by a duly authorized officer of the company submitting the proposal.

II. Proposal Transmittal Letter

Proposer must submit a transmittal letter on the Proposer letterhead. It must be signed by a representative of the Proposer who is authorized to sign such material and to commit Proposer to the obligations contained in the Proposal. The transmittal letter must include the name, address, phone number and e-mail address for the Proposer Contact and must specify who would be the CMAR’s signatory to any contract documents executed with the Owner. The transmittal letter may include other information deemed relevant by the Proposer.

The transmittal letter must include the requirement of acknowledging and accepting Section A.23: Obligation to Keep Project Team Intact, confirming that any substitution of Key Personnel or Key Firms will be subject to prior written approval by the City and that proposed replacements must be of equal or greater qualifications and experience.

III. Proposal Part 1: Executive Summary

The executive summary must include a concise overview of the key elements of the proposal. All Fee and Price Information shall be included in Appendix E: Fee and Price Proposal of the Proposal and shall be based on the form in Exhibit D:

Price and Fee Workbook/Work Breakdown Structure. The executive summary shall not be used to convey additional information not found elsewhere in the Proposal.

IV. Proposal Part 2: CMAR Profile and Key Firms

A detailed and complete description of the CMAR and Key Firms must be provided in Part 2 of the Proposal.

A. CMAR Profile

1. Provide the following information for the CMAR. Required information applies to the CMAR and not to Key Firms (subconsultants/ subcontractors). In the case of a joint venture, both parties must provide requested information. The CMAR Profile must include the following information.

a. General Information. Provide general information about the CMAR, such as lines of business and service offerings, locations of home and other offices, number of employees (professional and non-professional), years in business, and evidence of ability to conduct business in Colorado.

b. CMAR Legal structure. Identify whether the CMAR is organized as a corporation, limited-liability company (LLC), general partnership, joint venture, limited partnership, or other form of legal entity.

Describe how the CMAR has used this structure, or a similar structure, to deliver similar projects.

c. Project office location. Identify where the CMAR intends to maintain its project office(s) and the location where the construction management work will be performed. CMAR Home office location shall also be identified.

d. Safety. Provide a summary description of the CMAR's corporate safety program and include safety statistics or records indicating categories of accidents and their incidence or frequency rates for the past three years. The following safety records must be provided for the CMAR for the past three years:

i. The experience modification rate (EMR) calculated by the

National Council on Compensation Insurance or similar rating bureau. (The EMR is also referred to as the experience modification rating, experience modification factor, experience modifier or X-mod.) Where this value is greater than the industry average of 1.0, Proposer may provide mitigating information to explain the reasons for the EMR rating in Proposal Appendix A:

Supporting Financial and Company Documentation.

ii. The days-away-from-work injury incidence rate. A day-away-from-work injury is an injury that

iii. prevents an employee from returning to his or her next regularly scheduled shift. The incidence rate is calculated by multiplying the number of days-away-from-work injuries for the particular year by 200,000 and then dividing the product by the person-hours worked for that year.

2. The Proposal must provide the following additional information pertaining to factors or events that have the potential to adversely impact the CMAR’s ability to perform its contractual commitments. If any of the questions below are answered in a manner that indicates that any of these unfavorable factors or events are present, it is the Proposer’s responsibility to: (1) describe in detail the unfavorable factor or event and

(2) provide sufficient information to demonstrate that the unfavorable factor or event will not adversely impact the Proposer’s ability to perform its contractual commitments. Include the following information in Proposal Appendix A: Supporting Financial and Company Documentation.

a. Financial condition. Provide financial statements for the CMAR for the past three years and quarterly financial statements, certified by the chief financial officer, for the current year. For publicly traded companies, reference to U.S. Securities and Exchange Commission 10k filings and any recent 10Q findings are adequate. For entities that are not publicly traded, provide audited financial statements for the same period. If the CMAR is a joint venture, LLC or partnership, such financial statements must be provided for each partner or member.

b. Payment and performance bonds. Provide a letter issued by the CMAR's surety company or surety broker to verify the single project limit, the overall surety capacity of the Proposer as well as the current amount of the overall capacity currently available. Proposer shall be required to provide payment and performance bonds only for Phase 2 (construction) of the Project and as Phase 1 is services, surety bonds are not required for the Phase 1 services.

c. Insurance. Provide a letter from the surety indicating insurance certificates may be provided in full compliance with City requirements for both phases upon authorization to proceed with each phase for Phase 2 the maximum price listed herein must be adhered to.

d. Legal proceedings and judgments. List and briefly describe any pending or past (within five years) legal proceedings and judgments, or any contingent liability that could adversely affect the financial position or ability to perform contractual commitments to Owner. If no such proceedings or judgments are listed, provide a sworn statement to that effect from the CMAR's general counsel. List all open legal proceedings for municipal owners in the United States.

e. Completion of contracts. Has the CMAR failed to complete any contract, or has any contract been terminated due to alleged poor performance or default within the past five years? If so, describe the circumstances.

f. Debarred from bidding. Has the CMAR been debarred within the past five years, or is it currently under consideration for debarment, on public contracts by the federal government or by any state? If so, describe the circumstances.

g. Licenses and Certifications. Proof of valid Colorado contractor's license and applicable certifications.

h. Provide a Certificate of Good Standing from the Colorado Secretary of State's Office, as proof the CMAR is properly registered to do business in the State of Colorado.

B. Key Firms

1. Identify and provide general information for any Key Firms (such as subcontractors and sub-consultants) included on the Project Team.

Include EMR safety records for the for the past three years for each Key Firm anticipated to be responsible for construction activities.

V. Proposal Part 3: Project Organization and Key Personnel A. Describe the organization and management of the Project Team. Note that any change in the Key Firms or Key Personnel included in the Proposal are subject to the provisions outlined in Section A.23: Obligation to Keep Project Team Intact, which requires Owner approval of such changes.

1. Project Organization

a. Describe the scope of the CMAR's (and each Key Firm's if applicable) services and responsibilities.

b. Include organizational chart(s) showing reporting relationships and responsibilities of the CMAR (and Key Firms if applicable) during the limited Phase I services and Phase 2.

2. Key Personnel Experience and Qualifications

a. Include organizational chart(s) identifying all Key Personnel (and their firm affiliations) and showing reporting relationships and duties of all Key Personnel (along with their firm affiliations) during both Phases 1 and 2.

b. Provide the proposed utilization of the team members and identify their primary office location.

c. Minimum Key Personnel may include the following (please match Key Personnel with the proposed approach):

i. Project Manager

ii. Superintendent

iii. Lead Cost Estimator

iv. Project Engineer

v. Construction Scheduler

vi. Procurement Manager (if not previously identified)

vii. Safety Manager

viii. Commissioning Manager (if not previously identified)

3. Describe Key Personnel individual qualifications and experience and how it aligns with their proposed role. Specifically discuss Project Manager's experience leading similar teams.

4. Provide resumes for all Key Personnel in Proposal Appendix B: Resumes of Key Personnel. Resumes must be limited to two pages or less per individual and include:

a. Tenure with organization and industry

b. Experience as it relates to the Project and to the individual's specified role on the Project

c. Reference name and contact information from individual familiar with Key Person's abilities on similar projects.

d. Professional qualifications

5. Provide key team members’ availability and commitment to the project.

6. Acknowledgment of Obligation to Keep Project Team Intact

a. As part of their Proposal, the Proposer shall expressly acknowledge and accept the requirement set forth in Section A.23: Obligation to Keep Project Team Intact. The Proposer must include in its Proposal Transmittal Letter a statement confirming acceptance of this requirement. Failure to provide such acknowledgment may render the Proposal non-responsive.

VI. Proposal Part 4: Relevant Project Experience A. Describe the performance history and specialized experience of the Project

Team on 3 (three) similar CMAR/CMGC projects within the last ten years.

Provide specific emphasis on recent and relevant project experience in the Colorado region for sanitary sewer work of similar size, scope ($5 Million to $10 Million), and complexity delivered utilizing collaborative delivery or negotiated price.

B. Provide CMAR experience with the City and demonstrate familiarity with City codes, policy, procedures, and regulations.

C. Each project description shall contain at least the following information:

1. Project Name and Location

2. Name of Owner

3. Owner reference and contact information (phone number and email)

4. Delivery Model

5. Role of CMAR and/or Key Firm(s)

6. Initial and Final Contract value and reason for change

7. Scheduled and Actual completion dates

8. Description of the project showing relevance to this Project

a. Names of Key Personnel that participated in project and are included in this Proposal, along with a clear description of the roles and responsibilities of each

VII. Proposal Part 5: Project Approach

A. Provide CMAR contractor's understanding of Phase 1 services as specified in the scope of services including but not limited to development of the GMP Proposal and Bidding efforts:

1. Description of CMAR contractor's approach to addressing critical elements for successful project delivery, including:

a. Approach to open-book transparency in the preparation of the GMP proposal through bidding and final construction services.

b. Construction schedule management and phasing

i. Critical path schedule shall be provided in Appendix D:

Proposed Schedule

c. Constructability and safety reviews

d. Risk management

e. Partnering and collaboration

B. Upon review of the current draft 30% design documents identify project specific opportunities for risk reduction/management to reduce overall impacts to construction schedule and costs taking into consideration the current design development will be moving towards 100%.

C. Description of CMAR contractor's experience identifying risk, creating contract means to addressing it and tracking unrealized risk through contingency and allowance methods to provide cost certainty to the owner.

D. Project schedule that demonstrates clear understanding of the project and the ability to meet the City's targeted completion date.

E. Describe CMAR's ability to leverage the local market to reduce overall project contingency and risk of escalation. Identify your history with local vendors, materials suppliers and subcontractors, and ideas to reduce overall project risks including construction quality, safety, schedule, and price escalation:

VIII. Proposal Appendix A: Supporting Financial and Company Documentation

A. Proposal must include all information as follows:

1. Financial Condition

2. Ability to provide Performance and Payment Bonds per the Agreement

3. Ability to provide Insurance per the Agreement

4. Legal proceedings and judgements

5. Completion of contracts

6. Debarment

7. Proof of Valid Colorado Contractor's Licenses

8. Certificate of Good Standing from Colorado Secretary of State's Office

IX. Proposal Appendix B: Resumes of Key Personnel

A. Proposal must include resumes for all Key Personnel in Proposal, per requirements of this RFP. A minimum of three professional references and contact information shall be provided for the Project Manager and the Superintendent. Resumes should be limited to two pages or less.

X. Proposal Appendix C: CMAR Contract Markup

A. Proposer shall include a detailed markup of Exhibit A: Sample CMAR Agreement with General Conditions, setting forth any and all revisions requested by the Proposer. Although the Owner will undertake negotiations of the CMAR Contract, the CMAR Contract Markup will be treated as a de facto offer that the Owner can accept as is, which would result in a binding contract between the CMAR Firm without further negotiations or revision.

B. Proposal Appendix C: CMAR Contract Markup must explain the rationale for proposed revisions and the associated benefits to the Owner. Proposer is encouraged to suggest revisions that would more efficiently allocate risk, improve the parties’ understanding of risk allocation, and improve clarity of any terms of Exhibit A: Sample CMAR Agreement with General Conditions where ambiguities or uncertainties may arise in their application or interpretation.

C. The Owner is not obligated to accept any of the requested exceptions, modifications, additions, etc. submitted by the Proposer in the CMAR Contract Markup when negotiating and finalizing the CMAR Contract.

Furthermore, the Owner may request additional revisions during negotiations and before finalizing the CMAR Contract.

XI. Proposal Appendix E: Fee and Price Proposal A. The Proposer must complete Exhibit D: Price and Fee Workbook/Work

Breakdown Structure submitting all required pricing information, include it as Proposal Appendix E: Fee and Price Proposal.

B. Total level of effort and fee for the Pre-Construction, Phase 1, Scope of Services shall be submitted in the following format:

1. Provide a cost breakdown and level of effort with other direct costs

(ODCs) for each project task. Any additional or optional services proposed must be included as an independent task, and the optional fee presented clearly for the City’s consideration.

2. All team members, their hourly rates, and proposed effort (presented in hours) shall be included in the cost breakdown for Phase 1 by task. Hourly totals for all team members and the associated fee shall also be presented. Total fee shall include the CMAR’s cost of work and expenses, including subcontractors’ costs and expenses.

C. Provide rate sheets for all Phase II activities by team member.

D. The scope of CMAR services for which pricing is required is defined in this document: Preconstruction Scope of Services, Exhibit A: Sample CMAR Agreement with General Conditions, and the 30% Design Documents. The CMAR shall present proposed indirect costs directly associated with unedited CMAR Contract and 30% Design Documents. If the CMAR proposed revisions to the Draft CMAR Contract in Exhibit A: Sample CMAR Agreement with General Conditions. All indirect pricing provided by the Proposer shall be treated as a de fact that the Owner can accept as is, which would result in its incorporation into the GMP Proposal and its acceptance by the City it would become a binding contract between the CMAR Firm without further negotiations or revision.

E. Please be advised that the Owner is not interested in proposed fees or rates that provide excessive discounts from the CMAR Firm’s anticipated actual costs for the construction phase services. If Owner determines, at its sole discretion that the fees and rates included in a Proposal are unacceptably below industry norms or that a Proposer’s fees and rates are substantially or unacceptably below other Proposers, the Owner may, at its sole discretion either declare that Proposal to be non-responsive or seek additional detailed information from that Proposer concerning the cost basis for its Work Breakdown Proposal, prior to rendering a decision on the Proposal’s responsiveness.

XII. Proposal Format A. Proposals must be in original PDF (not scanned copy).

B. Proposal pages must be in 8.5” x 11” letter size pages. Up to two (2)-11x17 pages are allowed as part of the page count. Each 11x17 is considered one (1) page if single-sided. If the 11x17 page is double-sided, it counts as two (2) pages.

C. Front and back covers/dividers and appendices are not considered part of the page count.

D. The following sections of the proposal do not count towards the maximum page count:

1. Content located in the proposal appendices

2. Cover pages for proposal sections

B.7 PROPOSAL INTERVIEWS, EVALUATION, AND SELECTION:

XIII. Qualifications

Each responsive Proposal will be reviewed to determine whether it meets the Requirements outlined in this RFP. At its sole discretion, the selection committee may waive any failure to satisfy such requirements and may request clarification or additional information to address any questions that may arise in this regard.

Any Proposal that does not satisfy all of the Requirements may be rejected.

XIV. Interviews

The City, at its sole discretion, will determine how many firms to invite for interviews. If deemed beneficial by the evaluation committee, the highest scoring Proposers will be provided the opportunity to present their project approach during formal interviews. Interviews are intended to allow the Proposers to further explain their written Proposal.

Interviews may be up to 90 minutes, providing 60 minutes for the Proposers to discuss their specific capabilities and approach to successfully execute both phases of this CMAR project. The presentation will be followed by up to 30 minutes of questions posed by selection committee members.

SECTION C: EVALUATION AND AWARD

C.1 EVALUATION OVERVIEW

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

The selection committee will evaluate and rank the responsive Proposals that satisfy the minimum and desired qualifications by applying the weighted comparative evaluation criteria set forth below. Proposers will also be required to demonstrate they meet certain minimum qualifications indicated as pass/fail elements.

The award will be made to the best, most qualified responsible Contractor meeting the proposal requirements unless City Council determines, after reviewing the City Manager's report that the public interest would be better served by accepting a specific proposal.

C.2 PROPOSAL EVALUATION ITEMS:

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

Evaluation Criteria Weight 1 Project Understanding and Approach 25% 2 Project Team 25% 3 Firms Qualifications 25% 4 Risk Management 15% 5 Fee Proposal 10% Total 100%

C.3 INTERVIEW EVALUATION ITEMS:

The Selection Committee will evaluate the interview of each shortlisted firm using the following criteria and weighting:

Evaluation Criteria Weight 1 Project Understanding and Approach 20% 2 Project Team 20% 3 Firms Qualifications 10% 4 Risk Management 10% 5 Fee Proposal 10% 6 Interview Presentation and Responses 30% Total 100%

C.4 EVALUATION AND SELECTION:

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

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

C.5 AWARD TYPE:

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

C.6 NOTICE TO PROCEED:

Work shall not commence until a contract has been fully executed and the Contractor has received a City Purchase Order (PO). A Notice to Proceed is not considered valid unless it is accompanied by a PO.

SECTION D: GENERAL RFP AND CONTRACT INFORMATION

D.1 RFP CONDITIONS AND PROVISIONS:

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

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

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

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

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

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

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

8. Compliance with Specifications: The Contractor must comply with all terms, conditions, and specifications of this RFP. The City reserves the right to inspect the Contractor’s facilities and equipment to ensure compliance.

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

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

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

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

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

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

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

Tax exemption certificates will be provided upon request.

D.2 PROTESTS:

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

1. Right to Protest: Any Proposer or vendor who feels wronged (referred to as the

"aggrieved party") regarding the solicitation or contract award can protest to the Westminster Procurement Manager, Aran Raz, at araz@westminsterco.gov.

2. Timing of Protests:

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

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

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

3. Written protest must include:

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

b. RFP number and date of procurement

c. A clear explanation of the issues.

d. Any evidence or documents that support your protest

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

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

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

D.3 GRATUITIES AND KICKBACKS:

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

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

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

D.4 NON-COLLUSIVE PROPOSER CERTIFICATION:

By the submission of this proposal, the Proposer certifies that:

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

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

3. No Proposer shall submit more than one proposal for this purchase. It shall be the responsibility of each Proposer to obtain the prior written permission of the Procurement Manager before proposal opening in every situation in which the

Proposer, due to corporate association or other affiliation, may be found to be impermissibly associated with another Proposer. Failure to observe this requirement could result in all such affiliated proposals being rejected.

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

5. Conflict of Interest Disclosure. Each Proposer shall disclose in its proposal any actual, potential, or perceived conflict of interest, including any current or prior relationship with the City, its officials, or employees, that could affect the Proposer's objectivity or the integrity of the selection process. Failure to disclose a known conflict may result in disqualification.

D.5 DISCLOSURE OF CONTENTS OF PROPOSALS:

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