Final RFP - Creative Professional Services 202578795.pdf

Request for Proposal Letter

REQUEST FOR PROPOSALS

Creative Professional Services and Staff

Augmentation

RFP No. 202578795

April 18, 2025

RFP No.202578795 Creative Professional Services and Staff Augmentation April 18, 2025

REQUEST FOR PROPOSALS (RFP)

Airport Office Building (AOB) Denver International Airport (DEN) 8500 Pena Boulevard, Room 8810 Denver, Colorado 80249-6340

Contract Administrator (CA): Sheila Motley E-Mail: contract.procurement@flydenver.com

Request for Proposals # 202578795

PROPOSALS MUST BE RECEIVED BY: May 20, 2025, at 2:00 PM.

UNDER NO CIRCUMSTANCES WILL E-MAIL OR FACSIMILE RESPONSES BE ACCEPTED.

Schedule of Activities:

This projected schedule is an estimated timeline and is subject to change at the sole discretion of the City.

All times listed in this document are understood to be Denver local time.

Event Date RFP Advertisement 4/18/2025 Optional Pre-Proposal Conference 4/29/2025 at 10:00 AM Denver Local Time Last Date to Submit Written Questions 5/6/2025 at 2:00 PM Denver Local Time Proposal Due Date 5/20/2025 at 2:00 PM Denver Local Time

Pre-Proposal Conference – OPTIONAL An optional Pre-Proposal Conference will be held virtually via a Microsoft Teams Meeting at the date and time listed above in the Schedule of Activities. Please click on the following link to access the meeting.

Pre-Proposal Conference Link

At this conference, DEN representatives will explain the opportunity and answer questions regarding this RFP, including any written questions submitted to DEN prior to the conference.

RFP Questions DEN will not answer any telephone inquiries about this RFP. Written questions are due by the deadline for questions listed in the Schedule of Activities above and shall be submitted electronically via the Rocky Mountain E-Purchasing System (BidNet) website. DEN requires all questions to be submitted individually on this site.

Note: BidNet limits the characters available to input for DEN to respond to each question. For this reason, multiple questions may not be submitted as a single question, as DEN is unable to respond to multiple questions in the space provided. Because of this limitation, DEN reserves the right to reject groups of questions submitted in a single question box or to select and respond to only one question posed. A multi-part question containing an initial question and a follow-up is the exception to this rule. All questions and answers will be posted on the BidNet website as an addendum to the RFP at the link below following the deadline for submittal of questions:

mailto:contract.procurement@flydenver.com https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODkxN2Q2M2MtZmYzYS00NzJlLWI2YjUtYzI5YWExODE0NzNl%40thread.v2/0?context=%7b%22Tid%22%3a%2279c62162-b85e-4b0e-a863-ebe7817ad70d%22%2c%22Oid%22%3a%22e47f4aa8-eac1-4659-838e-f0ecd4442c4f%22%7d

RFP No.202578795 Creative Professional Services and Staff Augmentation April 18, 2025 https://www.bidnetdirect.com/colorado/cityandcountyofdenverdepartmentofaviation

Proposal Submittal The proposal shall be prepared in accordance with the Preparation of Proposal as described in Section IV of this RFP. Proposers shall submit their proposal and all required forms via the BidNet website at the link below. Proposals are due by the date and time listed in the Schedule of Activities above.

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

Allow ample time for the electronic submission of your proposal. Following are links to a BidNet Electronic Bid Submission (EBS) guide and EBS FAQ site. DEN strongly encourages Proposers to review this information prior to starting your submission in addition to starting the submission process at least one business day prior to the proposal due date. DEN will not extend the submission deadline due to any technical issues or outages you may experience.

EBS FAQs:

http://faq.bidnetdirect.com/electronic-bid-submission/

Minority and Women-Owned Business Enterprise Participation DSBO has established that no DSBO program will apply

General Statement of Work Denver International Airport (DEN) is looking for two on-call Creative Professional Services and Staff Augmentation Companies to support various marketing, communication and creative projects handled by DEN’s Global Communications and Marketing (GCM) team. The awarded companies will work alongside DEN to evaluate, hire, manage, pay and ensure Contingent Workers have the necessary skills and qualifications for the specific projects as assigned.

The purpose of this proposal is to augment the existing GCM team with specialized creative personnel to assist with specific initiatives as projects and needs arise.

GCM is responsible for supporting all departments across the airport with both internal and external initiatives, as well as supporting some external stakeholder projects. As DEN’s passenger traffic continues to grow, our workforce, infrastructure and programs have also been expanding, therefore creating a heavier workload for the GCM team, which has not been growing at the same rate.

To fulfill the increased demand and competing requests from the airport’s various departments in a timely and efficient manner, GCM will need to rely on additional resources, such as augmented staffing.

Outsourcing a portion of the marketing, communications and creative workload as needed through staff augmentation will allow GCM to dedicate more focus towards the highest-priority and large-scale projects, while simultaneously satisfying the needs of individual departments, resulting in higher quality end-products overall.

https://www.bidnetdirect.com/colorado/cityandcountyofdenverdepartmentofaviation http://faq.bidnetdirect.com/electronic-bid-submission/

Proposal Submittal Requirements

RFP No.202578795 Creative Professional Services and Staff Augmentation April 18, 2025

PROPOSAL SUBMITTAL REQUIREMENTS

The following is a checklist for reference when compiling the proposal submission. The documents listed below are required:

□ Proposal Narrative:

• Complete responses to the Content Narrative as outlined in Section IV, which includes the required DEN Equity, Diversity, and Inclusion Plan (DEN EDI Plan)

□ Sample Agreement:

• List of all proposed modifications or legal issues regarding terms of the Sample

Agreement as outlined in Section III-2

□ Proposal Forms - all complete and signed

• Proposal Acknowledgement Letter – filled out completely and acknowledged all addenda

• Proposal Data Form

• Disclosure of Legal & Administrative Proceedings & Financial Conditions

□ Diversity Survey

• Diversity and Inclusiveness in City Solicitations (online survey – include the completed survey with your proposal submission)

□ Financial Forms (From primes only, financial forms from subs are not required) - to be submitted as separate electronic files from the proposal

• Exhibit B – Rate Sheet

Table of Contents

RFP No.202578795 Creative Professional Services and Staff Augmentation April 18, 2025

REQUEST FOR PROPOSAL

NO. 202579795

Creative Professional Services and Staff Augmentation

REQUEST FOR PROPOSALS (RFP)

PROPOSAL SUBMITTAL REQUIREMENTS

I. CITY, AIRPORT AND PROJECT OVERVIEW

II. SCOPE OF WORK

III. ADMINISTRATION INFORMATION

III-1 Issuing Office

III-2 Introduction and Acceptance of RFP Terms

III-3 Means of Communication

III-4 Interpretation of Proposal Documents

III-5 Addenda

III-6 DEN Website

III-7 Withdrawal of Proposal

III-8 Rights of DEN

III-9 Confidentiality of Records

III-10 Proposer Agreements

III-11 Minority and Women-Owned Business Enterprise (MWBE) Participation (or DBE, if applicable)

III-12 Certification of Independent Price and Work Determination

III-13 Designation of Subcontractors

III-14 Payment

III-15 Disclosure of Legal and Administrative Proceedings and Financial Condition

III-16 Insurance Requirements

III-17 Governmental Immunity

III-18 Security

III-19 Airport Identification (ID) Badge Requirements

III-20 Background Checks

III-21 Vehicles in the Secured Area

III-22 Violations

III-23 Diversity and Inclusivity in City Solicitations

III-24 Wage Ordinances

Table of Contents

RFP No.202578795 Creative Professional Services and Staff Augmentation April 18, 2025

III-25 Conflicts of Interest

III-26 Collective Bargaining Agreement

III-27 Title VI Solicitation Notice

III-28 Compliance with Americans with Disabilities Act (“ADA”)

IV. PREPARATION OF PROPOSAL

IV-1 Preparation of Proposal - Proposal Forms

IV-2 Preparation of Proposal - Proposal Narrative

IV-3 Proposal Narrative Contents

V. EVALUATION OF PROPOSALS

V-1 Evaluation of Proposals

V-2 Past Performance

V-3 Shortlisting and Interviews (If Necessary)

V-4 Best and Final Offers

V-5 Evaluation Criteria

VI. ATTACHMENT 1, PROPOSAL FORMS

Attachment 1, Part 1 Proposal Acknowledgement Letter

Attachment 1, Part 2 Proposal Data Form

Attachment 1, Part 3 Disclosure of Legal and Administrative Proceedings and Financial Condition

Attachment 1, Part 4 Exhibit B

VII. ATTACHMENT 2, INSURANCE REQUIREMENTS

VIII. ATTACHMENT 3, DIVERSITY AND INCLUSIVENESS IN CITY SOLICITATIONS

IX. ATTACHMENT 4, SAMPLE AGREEMENT

City, Airport and Project Overview

RFP No.202578795 Creative Professional Services and Staff Augmentation April 18, 2025

I. CITY, AIRPORT AND PROJECT OVERVIEW

The values of equity, diversity, inclusivity, accessibility, and sustainability are inherent to the City’s strategy to develop and maintain prosperous communities. Accordingly, these values are imbedded into all the City’s procurement processes to ensure competitive procurements that offer equitable opportunities for all potential Bidders, including greater contracted and significant participation for historically underutilized businesses to ensure Denver’s long-term economic, social, and environmental health. Through equitable procurements, the City is committed to working to remove barriers and increase access to City contracting opportunities for all historically underutilized and small businesses including those owned by veterans and individuals living with disabilities as well as those in economically distressed or redlined neighborhoods. It is a primary value to promote economic equity by engaging a more inclusive community of Bidders and contractors, both as prime and sub-contractors to address socioeconomic disparities. Through this promotion of equity and inclusion (EDI), the City strives to improve opportunities that ensure fair and just access to jobs, housing, education, mobility options, and healthier communities. It is the City’s expectation that all successful Bidders demonstrate their commitment to these City values through their procurement responses and post contract and/or lease activities.

Each procurement opportunity is to be approached with ethical and honest behavior. The City will solicit, evaluate, and award contracts based upon the Proposer’s alignment with the City’s values as it relates to its approach, proven experience, ability to perform work, costs, and pricing. DEN is looking for Proposers that demonstrate a history of equity, diversity, integrity, stewardship, innovation, and humanity. The City is looking for Proposers that have equity, diversity, and inclusion (EDI) embedded in their policies, procedures, practices, initiatives, and exhibit actionable results and ensures that of those that they partner with.

The City’s values may be demonstrated through but are not limited to: (a) workforce expansion; (b) utilization of and work with the historically underutilized community, separate from required certified goals; (c) environmental sustainability and (d) EDI and Equal Employment Opportunity (EEO) programs for staff.

DEN plays a unique role as a gateway to the world for the region, our passengers, our communities, and our partners. As such, DEN has a generation of operators, concessionaires, designers, builders, planners, and small businesses that are stronger and more successful because of this work. DEN has also helped build new businesses that have flourished and grown into mature industry leaders. As part of its new Vision 100 plan, DEN intends to expand this legacy by looking to the community that has succeeded in the past at DEN to bring the next generation forward.

In its review of this contract opportunity, DEN believes that the scope of work and firms in the industry lends itself to unique partnership opportunities, and therefore, highly encourages firms that have historically proposed as prime contractors to serve as subcontractors to M/WBE firms in their contract with DEN, or to create Joint Ventures with M/WBE firms. A focus of this partnership should be for the contracting partners to build a meaningful relationship that is not merely transactional to meet a numerical goal. The objective is to afford the M/WBE firm the opportunity to learn from the large contractor, grow its financial capacity, build its generational wealth and its portfolio, and increase its capability to perform new commercially useful functions on future contracts.

In accordance with procedures described herein, you are hereby invited to submit a proposal for the subject project, which is described in the Scope of Work incorporated herein. The work under this Contract is anticipated to start on or about October, 2025 and has a scheduled duration of approximately 5 years.

City, Airport and Project Overview

The proposal must be prepared and submitted in accordance with the requirements and procedures contained in this RFP document and the City’s, including DEN’s, ordinances, rules, policies, and procedures. Compliance with these requirements by the Proposer is mandatory and is a condition of responsiveness. Any failure to satisfy these requirements will be a sufficient basis for the City and County of Denver’s Department of Aviation, also known as Denver International Airport, (DEN or City) to disqualify the Proposer. The City shall not be liable for any of the Proposer’s expenses associated with its preparation of the proposal or DEN’s consideration of it. The Proposer, if selected, shall not include any such expenses as part of its fee for performing the Scope of Work.

Scope of Work

II. SCOPE OF WORK

Professional Services and Staff Augmentation Scope of Work – Denver International Airport

Introduction:

Denver International Airport (DEN) is looking for up to two on-call Creative Professional Services and Staff Augmentation Companies to support various marketing, communication and creative projects handled by DEN’s Global Communications and Marketing (GCM) team. The awarded companies will work alongside DEN to evaluate, hire, manage, pay and ensure Contingent Workers have the necessary skills and qualifications for the specific projects as assigned.

Duration:

The Creative Professional Services and Staff Augmentation contract term will initially be for three years, with the option of two one-year extensions based on performance and business needs.

General Scope of Work (SOW):

The purpose of this proposal is to augment the existing GCM team with specialized creative personnel to assist with specific initiatives as projects and needs arise.

GCM is responsible for supporting all departments across the airport with both internal and external initiatives, as well as supporting some external stakeholder projects. As DEN’s passenger traffic continues to grow, our workforce, infrastructure and programs have also been expanding, therefore creating a heavier workload for the GCM team, which is not growing at the same rate.

To fulfill the increased demand and competing requests from the airport’s various departments in a timely and efficient manner, GCM will need to rely on additional resources, such as augmented staffing. Outsourcing a portion of the workload as needed through staff augmentation will allow GCM to dedicate more focus towards the highest-priority and large-scale projects, while simultaneously satisfying the needs of individual departments, resulting in higher quality end-products overall.

Services requested may include but are not limited to:

• Marketing Professional support:

o Graphic design o Brand support including logo work, brand guidelines and reference guides o Creation of templates, brochures, flyers, presentations and other materials o Creative direction to support project requests o A high-level design style (corporate, clean, modern, on-brand)

• Communication Professional work:

o Copywriting o Technical writing o Script writing

• Potential other professional work:

o Event support o Photography

Scope of Work o Videography o Animation o Creative Project Management (not technical) o WordPress support o Social media support – copywriting, photography, content creation

Proficiencies:

• Adobe Creative Suite (IL, ID, PS)

• Digital Accessibility Knowledge

• Microsoft Suite

• PowerPoint

• Wrike or other project management software

• WordPress

Requirements:

• Detailed resumes and qualifications of Contingent Workers should be reviewed and approved by DEN.

• Portfolios and/or samples of work will be required during the review process.

• Contingent Workers should be able to predetermine the estimated hours each project is expected to take.

If hours cannot be predetermined, the Contingent Worker should agree to check in at determined hourly milestones. (Example: check in on progress after X number of hours completed).

• Contingent Workers should agree to adhere to company policies, confidentiality and project timelines.

• Contingent Workers should be able to work from home or on-site at the airport.

• Billing will take place monthly.

• The companies agree to no more than a 30% markup for rates paid to hired professionals.

Administrative Information

III. ADMINISTRATION INFORMATION

III-1 Issuing Office

The City and County of Denver’s Department of Aviation (City or DEN), by the Contract Services Department (DEN Contract Services). This RFP is governed by the City’s ordinances and Procurement Rules in effect at the time of its issuance. DEN Contract Services is the sole point of contact concerning this RFP.

All communication must be done through the Contract Services Department.

III-2 Introduction and Acceptance of RFP Terms The Proposer, by submitting its proposal, acknowledges that it understands and will agree to the corresponding Exhibits and the Scope of Work, and that the Proposer shall be able to perform as required.

Acknowledgement of this condition shall be indicated by the signature of the Proposer on the Proposal Acknowledgement Letter, which is attached hereto and incorporated here in as Attachment 1, or an officer of the Proposer legally authorized to execute contractual obligations. A submission in response to this RFP acknowledges acceptance by the Proposer of all terms and conditions as set forth herein. The Proposer shall identify clearly and thoroughly any variations between its proposal and this RFP. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in this RFP.

Proposers shall undertake a detailed review of the Attachment 4, Sample Agreement and submit with their proposal a list of all legal issues or proposed modifications which the Proposer would like DEN to review and address, should they be selected as the apparent best Proposer. The Proposer may submit questions regarding the contract using the same method designated for other questions related to this RFP. Proposers are strongly advised to seek legal counsel for advice regarding the Same Agreement. DEN will not respond to legal questions such as about the interpretation of a provision of the Sample Agreement or provide legal advice regarding the Agreement to proposers. DEN shall assume that the Sample Agreement has been thoroughly reviewed and discussed with legal counsel prior to submission of the Proposal. If the Proposer does not identify any issues or proposed modifications to the Sample Agreement, the City may refuse to consider any proposed revisions received later from the Proposer, if they are selected as apparent best Proposer. The City may consider the Proposer’s comments in considering whether to select Proposer as the apparent best Proposer.

Attachment 4 is a sample agreement and, as such is subject to revision or modification by DEN at any time. DEN reserves the right to modify any term or condition of this Agreement, and to add, delete or modify terms and conditions, as DEN’s interests may require, prior to execution of a final agreement. The sample agreement contains provisions required by Federal, State, and/or City law and policy, and these provisions may not be revised or negotiated.

III-3 Means of Communication

During the solicitation process for this RFP, all communication between the Contract Services Department and Proposers will be via postings on DEN’s Rocky Mountain E-Purchasing System’s (BidNet’s) website:

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

The Contract Services Department will post notices, which include, but are not limited to, any modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, addenda, and the announcement of the apparent successful Proposer. It is the responsibility of each potential Proposer to monitor the BidNet website regularly to be aware of changes, communications and/or addenda to bids.

DEN will not be held responsible for misinformation received from private plan holders. Please use the DEN BidNet website to obtain solicitation information for the airport.

III-4 Interpretation of Proposal Documents

The Proposer may request, in writing, a clarification or interpretation of any aspect of the RFP documents.

Such requests must be made via the Rocky Mountain E-Purchasing System (BidNet) website by the due date and time specified in the Schedule of Activities listed on Page 2. DEN shall post all questions and answers on the BidNet Website following the deadline for submittal of questions as an addendum to the bid. DEN will not accept or respond to oral inquiries except for those made at the Pre-Bid Conference.

The only ‘official’ responses are those that are posted to the BidNet Website for this RFP.

III-5 Addenda

DEN reserves the right to revise the RFP documents at any time up to the time set for submission of the proposals. Any such revision(s) shall be described in an addendum to the RFP and shall be posted on the DEN BidNet Website at the following link:

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

If DEN determines that the addendum may require significant changes to the Scope of Work, the deadline for submitting the proposals may be postponed by the number of days that DEN determines will allow Proposers sufficient time to revise their proposals. Any new submittal deadline date for delivering proposals to DEN shall be included in the addendum.

Proposers must acknowledge in the proposal submission that they received all addenda to the proposal documents (see Attachment 1, Part 1). Failure to acknowledge receipt of addenda may disqualify the proposal.

III-6 DEN Website It shall be conclusively presumed that the Proposer did, before submitting a proposal and prior to the final proposal deadline, read all addenda, posted decisions and other information items relevant to the RFP which appeared on the DEN BidNet Website. Proposer may also contact the DEN Contract Administrator, Sheila Motley, by email at contract.procurement@flydenver.com to confirm all posted information.

Please visit the DEN BidNet Website at the following link which contains such services and information as:

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

A. Advertisements for RFx and IFB opportunities B. Status of RFx and IFB opportunities C. Addendums including vendor questions and responses D. Plan holder’s/Document Taker’s list E. Award information

III-7 Withdrawal of Proposal A Proposer may withdraw its proposal by submitting to DEN a written request signed by the Proposer’s authorized representative. The withdrawal of a proposal does not prejudice the right of the Proposer to submit future proposals.

III-8 Rights of DEN DEN reserves the rights to cancel or modify this RFP at any time and to reject any or all proposals for any reason or for no reason. This RFP is an open and equitable invitation for proposals, and each proposal https://www.bidnetdirect.com/colorado/cityandcountyofdenverdepartmentofaviation mailto:contract.procurement@flydenver.com constitutes an offer to contract that DEN may consider in its sole and absolute discretion. Any errors or omissions in a proposal may result in the rejection and disqualification of the entire proposal. Errors, omissions, and other acts that may result in proposal rejection and disqualification include, but are not limited to, failure to strictly comply with the RFP requirements or any applicable ordinances, rules, or policies; the submission of any inaccurate or false information; any improper communications or collusion involving Proposers; default or termination for cause of any public or private contracts within the past five years; delinquent arrearages owed to DEN; and failure to submit proof of licensing or franchise authority and any related exclusivity requirements.

Notwithstanding the broad rights reserved to DEN to reject and disqualify any or all proposals, DEN may waive any immaterial deficiencies in proposals and may allow Proposers to cure any such deficiencies if an opportunity to cure is determined by DEN to be in DEN’s best interests. If given an opportunity to cure, Proposers will be notified of the allotted time to correct the identified deficiency; failure to correct the deficiency in the time allotted may result in proposals being deemed non-responsive and disqualified.

DEN’s waiver of an immaterial deficiency will in no way modify the RFP or excuse Proposers from full compliance with all RFP specifications. DEN may exercise the foregoing rights at any time without notice and without any liability whatsoever to any Proposer or other party. By responding to this RFP, each Proposer is deemed to accept and agree to all of these terms and conditions and to waive any rights to challenge DEN’s determinations regarding proposal deficiencies in accordance with this section.

During the evaluation process, DEN reserves the right to request additional information from any Proposer, to seek clarification of information provided, to conduct its own due diligence with respect to any Proposer or proposal, including Self-Guided Tours of a Proposer’s other operations, reference checks, credit checks, health department checks, or any other investigations deemed necessary.

III-9 Confidentiality of Records

Documents submitted pursuant to this RFP will be subject to the Colorado Open Records Act, C.R.S. §§ 24-72-201, et seq. Information clearly marked as confidential and proprietary will be kept confidential by City, unless otherwise provided by law. City will attempt to notify the Proposer if a request is made for pages of documents clearly marked as confidential and proprietary so that the Proposer may take any action it deems necessary to defend the request. The Proposer, not the City, shall be the entity responsible for defending against Colorado Open Records Act disclosures for any records claimed by the Proposer to be confidential and proprietary.

III-10 Proposer Agreements Proposers may submit proposed agreements of any form (contracts or documents) that contain supplemental terms and conditions that the Proposer desires to be considered by the City for inclusion in the contract. Such forms may include Proposer’s software licensing agreements, maintenance contracts, and technical support agreements. By accepting delivery of these items, DEN is not bound to accept them as part of an ensuing contract. DEN may negotiate such supplemental terms and conditions that do not materially conflict with the contract terms and conditions detailed in this RFP and do not materially change the nature of this solicitation or adversely affect competition. If the parties cannot agree on the terms of the contract, including any terms desired by Proposer, DEN may terminate negotiations with the Proposer and enter into a contract with another responsive Proposer. Certain of DEN’s contract provisions are required by Federal, State and/or City law and policy and are not subject to modification.

III-11 Minority and Women-Owned Business Enterprise (MWBE) Participation (or DBE, if applicable) DSBO has established that no DSBO program will apply

III-12 Certification of Independent Price and Work Determination By submission of this proposal, each Proposer, and in the case of a joint proposal, each party thereto, certified, that, in connection with this procurement:

A. Prices and specific work processes in this proposal have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Proposer or with any competitor, or with any party contracted by DEN to design and/or manage all or part of the program or work of which this RFP is a part;

B. Unless otherwise required by law, the prices quoted and specific work processes described in this proposal have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to opening, directly or indirectly to any other Proposer or to any competitor or to any party contracted by DEN to design and/or manage all or part of the program or work of which this RFP is a part; and

C. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

Further, each person signing Attachment 1, Part 1 Proposal Acknowledgement Letter, for this proposal certified that:

D. They are the person in the Proposer’s organization responsible for the decision as to the prices being offered herein and that they have not participated, and will not participate, in any action contrary to subsection (a) through (c) above; or

E. He / She is not the person in the Proposer’s organization responsible for the decision as to the prices being offered herein but that they have been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to subsections (a) through (c), above, and as their agent does hereby so certify; and they have not participated, and will not participate, in any action contrary to subsections (a) through (c), above.

A proposal will not be considered for award where subsections (a), (c), (d) or (e), above, have been deleted or modified. Where (b) above has been deleted or modified, the proposal will not be considered for award unless the Proposer furnishes with the proposal a signed statement which sets forth in detail the circumstances of the disclosure and the CEO, or its designee, determines that such disclosure was not made for the purpose of restricting competition.

III-13 Designation of Subcontractors

The Proposer shall describe the qualifications of each subcontractor which it intends to use and the percentage and scope of the work which will be assigned to each of them. Resumes for the subcontractor’s key personnel must be included.

Proposers who submit a proposal in response to this RFP are precluded from participation as a subcontractor with any other Proposers who submit a proposal for this RFP. However, subcontractors may be named on more than one (1) proposal. Subcontractors who are named in more than one proposal are prohibited from sharing information about one Proposer with another Proposer or utilizing such information to assist in the preparation of another proposal.

III-14 Payment Appropriate clarifications and additions to the Scope of Work may be made during negotiations with the successful Proposer. It is the intent of DEN to enter into a Contract in which the Proposer will be paid pursuant to the terms of the Contract.

III-15 Disclosure of Legal and Administrative Proceedings and Financial Condition A. The Proposer shall submit (at time of submittal) a statement which shall disclose all legal or administrative proceedings that involve a civil claim in excess of Fifty Thousand Dollars ($50,000) in which the Proposer, its principals or key personnel were a party in the last five years. The Proposer shall include in the statement:

1. The caption of the action naming all parties;

2. The case number, jurisdiction and the date the action was filed;

3. A brief description of the action, the amount of the claim and whether the action involved performance under any public or private construction contract; and

4. The outcome or disposition of the action.

B. The Proposer shall submit (at time of submittal) a statement which shall disclose whether Proposer has filed for protection under the laws of the U. S. Bankruptcy Code within the last ten (10) years.

C. The Proposer shall submit (at time of submittal) a statement as to whether the Proposer, its principals or key employees presently, or in the past, are or have been involved in any debarment or suspension proceedings. Please include a description of any proceedings which prohibited or limited the Proposer from bidding or entering into any contract with any federal, state or local government entity. Include a brief description of the reason(s) for such action having been taken, the effective dates thereof and the governmental agency.

If the Proposer is a partnership or joint venture, please include a statement disclosing the information listed in subparagraph A and B, above, for each partner or joint venturer. If the Proposer is fifty percent (50%) or greater owned by another entity or individual, please include a statement disclosing the above information for such entity or individual.

D. The Proposer shall submit (at time of submittal) a statement as to whether the Proposer, its principals or key employees have been convicted of any crime related embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, fraud, unfair trade practices, violation of state of federal antitrust statutes, or other law indicating a lack of business integrity or business honesty or have been convicted of any other felony in any jurisdiction within the last five (5) years. Include the current status of any such principal or key employees.

E. The Proposer shall submit (at time of submittal) its Dun & Bradstreet identification number. If the Proposer is a partnership or joint venture, it must submit the Dun & Bradstreet identification number for each partner of a joint venture.

F. If the Proposer is a publicly held company, it shall submit (at the time of submittal) a list of any holders of ten percent (10%) or more of its stock.

G. During contract negotiations or at any time during the term of the executed contract, the Proposer may be asked to submit the following:

1. An audited statement of overhead rates, payroll taxes and operating (profit) margin used to calculate hourly billing rates for DEN and approval. If the Proposer does not have audited overhead rates, a Core Staff Labor Rates for Professional Services sheet, may be requested for each entity without audited overhead rates. This statement shall cover the Proposer’s most recently completed fiscal year and shall be signed by a certified public accountant as a Certified Audited Statement in which the accountant expresses his or her opinion as to the fairness with which the statement represents the Proposer’s financial position, results of operations and changes in financial position.

2. If the Proposer is a partnership or joint venture, a Certified Audited Statement is required for each partner or joint venture. If the Proposer does not have audited overhead rates, a Core Staff Labor Rates Sheet, may be requested for each entity without audit overhead rates. If any individual owns thirty-two percent (32%) or more of the Proposer, a Certified Audited Statement is required for each such individual or if a Certified Audited Statement is not available, then the individual must supply copies of his or her federal tax returns for the prior two (2) years.

3. If a Proposer is a small business as defined by the United States Small Business Administration, the Proposer may elect to submit copies of its Federal tax return for the prior two (2) years and prepare a Core Staff Labor Rates Sheet, in lieu of a Certified Audited Statement.

4. A signed statement certifying that no material or significant changes have occurred since the date of completion of the Certified Audited Statement, or the filing of the Federal tax return and the date of the proposal.

III-16 Insurance Requirements

Proposer shall adhere to all insurance requirements stated in Attachment 2, which is attached hereto and incorporated herein by reference. ACORD FORM (or equivalent) must be emailed in pdf format to:

DEN.COI@flydenver.com.

III-17 Governmental Immunity

Proposers and subcontractors understand and agree that the City, its officers, officials and employees are relying on, and do not waive or intend to waive by any provisions of this Contract, the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, §§ 24-10-101 - 120, C.R.S., or otherwise available to the City, its officers, officials and employees.

III-18 Security

After receiving an executed contract, the Proposer shall be deemed a Contractor of DEN. The Contractor (or subcontractor) requiring access to the Controlled Area, Sterile Area or Secured Area shall become a “Participant” in the Airport Security Program and remain in good standing in order to retain Airport Security privileges.

Participant guidelines are outlined in DEN Rules and Regulations Part 20. A Contractor must be sponsored by an Air Carrier, Tenant or by the City. Once a Contractor company has been sponsored, they must designate an Authorized Signatory.

The sponsorship establishes that a Contractor (or subcontractor) has legitimate business at the Airport.

All construction Contractors must submit a Participant Sponsorship form signed by their sponsor. A mailto:DEN.COI@flydenver.com company sponsoring a Participant shall immediately notify Airport Security when any sponsorship is terminated.

A subcontractor company working under its own entity must be sponsored by a Contractor company. The subcontracting company must designate its own Authorized Signatory(ies).

Each Participant shall designate an Authorized Signatory to ensure the Participant’s compliance with the Airport Security Program and act as the point of contact between the Participant and Airport Security. The Authorized Signatory shall be designated in writing to Airport Security by the Participant.

The Authorized Signatory is responsible for entering and verifying information on the online Badging applications. It is the Authorized Signatory’s responsibility to ensure that Airport Security maintains valid contact information. The Authorized Signatory must maintain a current and valid Airport Identification Badge (ID Badge).

The security status of the Airport is subject to change without notice. Should the security status of the Airport change at any time during the term of the Contract, a written notice shall be issued to the Contractor, detailing all applicable security modifications. The Contractor must take immediate steps to comply with those security modifications.

The Contractor shall return to DEN, upon Contract completion or termination, or upon demand by DEN, all access keys and Airport ID Badges issued to it by DEN to Controlled Areas, Sterile Areas or Secured Areas of the Airport. If the Contractor fails to return any such Airport ID Badge(s) or Airport Security Key(s) at Contract completion or termination or upon demand by the DEN, the Contractor shall be liable to the DEN for all DEN’s costs, including the DEN’s labor costs for re-coring doors and any other work which is required to prevent compromise of any Airport Security system. In order to collect such costs hereunder, the DEN may withhold funds in such amount from any amounts due and payable to the Contractor under the Contract.

Airport Security must be immediately notified if an Airport ID badge or security key is lost or stolen and must be notified immediately upon the termination of an individual’s employment. Pursuant to 49 C.F.R.

Part 1520.04-10(d) a fee shall be assessed against any employer who fails to return an Airport ID badge or security keys upon the termination of an individual’s employment, transfer, or completion of a project or contract. An additional fee may be requested to cover the administrative cost of processing a lost badge or security key.

III-19 Airport Identification (ID) Badge Requirements All individuals employed at the Airport with Secured Area access, or working in the Terminal, Concourses or Parking and Ground Transportation facilities, must obtain an Airport ID Badge. Airport ID Badges will be issued by Airport Security. All Airport ID Badges shall be and remain the property of the Airport. The Airport ID Badge must be surrendered on demand to Airport Operations and/or a Contract Security Guard.

An individual employed by more than one (1) company, or changing employers, must obtain an Airport ID Badge for each company. Badge color indicates general areas and levels of authorization in relationship with direct support of an individual’s job function. Badge color does not determine access. The respective classes of Airport ID Badges, indicated by badge color and associated driving endorsement icon, describe driving privileges in direct correlation with job function.

The individual must meet with their authorizing signatory to complete an online application in DEN’s security system. Two (2) valid forms of identification must be presented at the badging office, one of which must be a government-issued photo identification. The second form of identification must verify proof of citizenship (i.e., birth certificate or legal residency with work authorization). All information regarding the individual’s name, age, gender and other vital statistics on both forms of identification must be consistent and verifiable.

A DEN online Badge Application, Security Threat Assessment (STA) and Criminal History Record Check (CHRC) must be completed for everyone requesting an Airport ID Badge. The Badge Applications should be entered by the authorizing agent 24 hours prior to going to the badging office. Allow adequate time for processing of the STA and CHRC.

The individual must view a training film on DEN Rules and Regulations as they pertain to overall security and pass a corresponding test to assure understanding of the Rules and Regulations.

If the individual requests driver authorization, a valid driver’s license must be presented, and the individual must view a training film on DEN Rules and Regulations as they pertain to overall Movement of Vehicles in the Secured Area and pass a corresponding test to assure understanding of the Rules and Regulations.

A construction orientation specific to the project must be conducted. A designated time for this session must be coordinated with Planning and Development and Airport Operations.

A lost or stolen Airport ID Badge must be immediately reported to Airport Security. For a replacement Airport ID Badge, a new Badging Application must be entered by the Company(s) Authorized Signatory. A non-refundable fee must be paid for a replacement Airport ID Badge.

If for any reason the Airport ID Badge becomes inoperable or damaged, the Airport ID Badge holder shall return that badge to Airport Security, and a replacement badge will be issued. A replacement fee may be assessed should the damage be attributable to the negligence of the employee who was issued the badge.

When an employee is terminated, the Contractor company shall immediately notify Airport Security. This notification must be followed by the return of the Airport ID Badge and written confirmation of this information. The Contractor company must recover Airport ID Badges from individuals whose employment at the Airport has been terminated. The Contractor company shall notify Airport Security in writing when a subcontractor is no longer under the Contractor company’s sponsorship. All Airport ID Badges must be returned to Airport Security.

An employee possessing a valid Airport ID Badge may escort other individuals into the Secured Area(s) under the conditions listed in the DEN Rules and Regulations Part 20. If the project is extended, DEN’s Project Manager must submit a new Sponsorship Form with a new expiration date. This can be accomplished thirty (30) calendar days prior to expiration of the Airport ID Badge. An application revision must be entered for each employee still required on the project if the badges have expired.

III-20 Background Checks Every individual requesting an Airport ID Badge must complete a CHRC and a STA for unescorted access to the Sterile and Secured Area(s).

If an applicant has been convicted of a crime or found guilty by reason of insanity or has been arrested for any of the disqualifying crimes or is awaiting judicial proceedings, they may be ineligible to obtain an Airport ID Badge. A list of the disqualifying crimes may be found in 49 C.F.R. 1542.209.

III-21 Vehicles in the Secured Area

All Contractor employees who are required to drive in the Sterile and Secured Area(s) unescorted to perform their jobs are required to complete a training film on DEN Rules and Regulations as they pertain to overall movement of vehicles in the Sterile and Secured Area(s) and pass a corresponding test to assure understanding of the DEN Rules and Regulations.

All unescorted vehicles must display a current Airport Contractor Vehicle Permit (Permit). Permits are available from Airport Security. An application form must be completed, approved by an Authorized Signatory and all applicable permit fees must be paid for each Permit requested, and it must be signed by the Authorized Signatory. A Permit is required for each state licensed vehicle, and the vehicle Permit is not transferable.

The Contractor shall purchase and maintain in force a minimum of Ten Million Dollars ($10,000,000.00) in combined, single-limit automobile insurance for bodily injury and property damage liability per accident or occurrence.

III-22 Violations Any Contractor employer not regulated under 49 C.F.R. Part 1544, Aircraft Operator, will be responsible for payment or reimbursement to DEN of any Civil Penalties imposed by the Transportation Security Administration (TSA) for individual security violations by their employees and/or subcontractor employees for violations under 49 C.F.R. Part 1542.

A Contractor employee may be personally subject to Civil Penalties imposed by TSA for individual security violations committed by Contractor employees and/or subcontractor employees under 49 C.F.R Part 1542.

Everyone who is issued an Airport ID Badge shall comply with all Security Advisories, Rules and Regulations Governing the DEN Rules and Regulations, the CEO Directives and the Denver International Airport Standard Policies and Procedures regarding Airport Safety, Security and Operations. The failure of any individual to comply with such Security Advisories, rules and directives, etc. will result in the issuance of a Violation Notice and may result in the assessment of a Federal Civil Penalty and/or the denial, suspension or revocation of their Airport ID Badges.

III-23 Diversity and Inclusivity in City Solicitations Each Proposer shall, as a condition of responsiveness to this solicitation, complete and return the “Diversity and Inclusiveness in City Solicitations Information Request Form” with their proposal. Using the “Diversity and Inclusiveness in City Solicitations Information Request Form,” please state whether your firm has a diversity and inclusiveness program for employment and retention, procurement and supply chain activities, or customer service, and provide the additional information requested on the form. The information provided on the “Diversity and Inclusiveness in City Solicitations Information Request Form” will provide an opportunity for DEN contractors to describe their own diversity and inclusiveness practices.

Proposers are not expected to conduct intrusive examinations of its employees, managers, subcontractors or business partners in order to describe diversity and inclusiveness measures. Rather, DEN simply seeks a description of the Proposer’s current practices, if any.

Diversity and Inclusiveness information provided by Proposers in response to DEN solicitations for services or goods will be collated, analyzed and made available in reports consistent with the Mayor’s Executive

Order No. 101. However, no personally identifiable information provided by or obtained from Proposers will be in such reports.

For DEN to consider a proposal, Proposers must complete the electronic version of the Diversity and Inclusiveness in City Solicitations Form – then save an electronic copy of the completed form and include the electronic copy as part of its proposal. A proposal or response to a solicitation by a Proposer that does not include this completed form shall be deemed non-responsive. The form is found at:

https://us.openforms.com/Form/57f3a8ea-39b7-4115-be17-1770f38d3cf6

The Diversity and Inclusiveness Form is separate from the requirements established by the Division of Small Business Opportunity (DSBO) and must always be completed – regardless of whether there are any DSBO goals assigned to this project.

III-24 Wage Ordinances

The services being requested in this RFP may involve services that are covered pursuant to Article IV of Chapter 20, D.R.M.C., which is designed to address the issue of wage equity and cost of living affordability in the City & County of Denver.