IFB 202578378 Final v2.pdf

INVITATION FOR BID

WATER QUALITY INFRASTRUCTURE

IMPROVEMENTS

IFB No. 202578378

April 18, 2025

Invitation for Bid Letter

IFB NO. 202578378 WATER QUALITY INFRASTRUCTURE IMPROVEMENTS APRIL 18, 2025

INVITATION FOR BID (IFB)

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

Contract Administrator (CA): Rebecca Gloria E-Mail: contract.procurement@flydenver.com

Invitation for Bid #202578378

BIDS MUST BE RECEIVED BY: Wednesday, May 16, 2025 by 2:00 pm Denver Local Time.

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 IFB Advertisement April 18, 2025 Optional Pre-Bid Conference April 25, 2025 at 11:00 a.m. Denver Local Time Last Date to Submit Written Questions May 2, 2025 by 2:00 p.m. Denver Local Time Bid Opening May 16 by 2:00 p.m. Denver Local Time

Pre-Bid Conference – OPTIONAL An optional Pre-Bid 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.

**Optional Preproposal Conference Link**

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

IFB Questions DEN will not answer any telephone inquiries about this IFB. Written questions are due by the time listed above in the Schedule of Activities 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 bid at the link below following the deadline for submittal of questions:

https://www.bidnetdirect.com/colorado/cityandcountyofdenverdepartmentofaviation mailto:contract.procurement@flydenver.com https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDc2ZDQzOGQtYjg0ZC00NGU3LTk5YjgtZGRmNDVhNGUzMmQ2%40thread.v2/0?context=%7b%22Tid%22%3a%2279c62162-b85e-4b0e-a863-ebe7817ad70d%22%2c%22Oid%22%3a%2249226d1f-d9ba-428a-b52c-fafbcdcccc6c%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDc2ZDQzOGQtYjg0ZC00NGU3LTk5YjgtZGRmNDVhNGUzMmQ2%40thread.v2/0?context=%7b%22Tid%22%3a%2279c62162-b85e-4b0e-a863-ebe7817ad70d%22%2c%22Oid%22%3a%2249226d1f-d9ba-428a-b52c-fafbcdcccc6c%22%7d

Bid Submittal The bid shall be prepared in accordance with the Preparation of Bid as described in Section III of this IFB.

Bidders shall submit their bid and all required forms via the BidNet website at the link below. Bids 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 bid. Following are links to a BidNet Electronic Bid Submission (EBS) guide and EBS FAQ site. DEN strongly encourages Bidders to review this information prior to starting your submission in addition to starting the submission process at least one (1) business day prior to the bid 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

Pursuant to Article III of Chapter 28 of the Denver Revised Municipal Code (D.R.M.C) the Division of Small Business Opportunity (DSBO) has established the following participation requirement for this project:

16% Minority and Women-Owned Business Enterprise (MWBE)

The requirement must be met with certified firms, §§ 28-62, 28-66, D.R.M.C., or through the demonstration of a sufficient good faith effort. §§ 28-60, 28-64, D.R.M.C. and additional requirements pursuant to the D.R.M.C.

General Statement of Work The project consists of selecting a qualified contractor to provide Annual Water Quality Infrastructure Improvements at Denver International Airport (DEN). DEN seeks to construct storm drainage and water quality/detention infrastructure at two distinct project sites under the same project. This procurement is driven by the annual erosion control Capital Improvement Plan (CIP) program that requires DEN to make improvements to stormwater infrastructure as a compliance obligation under the Denver Revised Municipal Code Sec 56-112.

Project Description Annual Water Quality Infrastructure Improvements seeks to construct storm drainage and water quality/detention infrastructure at two distinct project sites under the same project.

The first project site, located at 7491 N Gun Club Road, proposes the construction of a regional water quality and detention pond southwest of the 75th Avenue and Gun Club Road intersection, and east of Second Creek. The proposed pond provides regional water quality and detention for a 140-acre tributary area and will eliminate the need for three existing water quality ponds that are tributary to the site. The current condition of the pond site is undeveloped prairie. The construction scope includes earthwork and grading, construction of storm drainage lines and improvements to an open drainage channel, construction of the water quality pond and associated concrete work, and erosion and sediment control measures. The work at this site will also include the demolition and decommissioning of three existing water quality ponds in the vicinity.

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

The second project site, located at 24735 E 75th Avenue, proposes the construction of a consolidated water quality and detention pond that north of the WorldPort #12 Building. Stormwater runoff from the WorldPort development currently drains to two existing water quality ponds, which will be decommissioned as part of the work. The construction scope includes earthwork and grading, construction of storm drainage lines, removal and replacement of asphalt pavement and curb and gutter, construction of the new water quality pond and associated concrete work, and erosion and sediment control measures. The demolition and decommissioning of two existing water quality ponds is included in the scope as well.

Project Schedule 100%/IFB Design Submittal – January 2025 Advertise for Bids – April 2025 Bid Opening – May 2025 Construction Start – September 2025

Construction Duration Construction is anticipated from September 2025 through January 2026. It is expected that the construction duration will be 150 calendar days.

Scope of Work

The major tasks required to complete the project include the following items:

• Removals – this item includes the removals required as part of the project and specifically the decommissioning of the 5 water quality ponds associated with the project scope. This includes the removal of inlets, manholes, pipe, end sections, and riprap.

• Earthwork – this item includes clearing and grubbing, unclassified and other excavation types, backfilling, relaying of riprap, installation of aggregate base course, and mobilization.

• Storm Drainage – this item includes the installation of proposed concrete pipes, inlets, and manholes.

• Roadway – this item includes the installation of asphalt paving and curb and gutter

• Dewatering – this item includes the appurtenances required to capture and route groundwater and stormwater offsite. The appurtenances required as part of this item are typically rental equipment that includes pumps, hoses, and filter bags.

Prequalification Requirements Each Bidder must be prequalified in category 1A: Heavy Civil at or above the $9,000,000.00 monetary level in accordance with the City’s Rules and Regulations Governing Prequalification of Contractors. Each Bidder must have submitted a prequalification application a minimum of ten (10) calendar days prior to the response due date. Applications must be submitted via B2Gnow. To view the Rules and information on how to apply, please visit our website at www.denvergov.org/prequalification.

https://denver.mwdbe.com/ http://www.denvergov.org/prequalification

Bid Submittal Requirements

BID SUBMITTAL REQUIREMENTS

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

□ Bid Forms – complete all Bid Forms and signed

• Bid Acknowledgement Letter –complete with all addenda acknowledged

• Disclosure of Legal & Administrative Proceedings & Financial Conditions

• Bid Data Form

• List of Proposed Non-MWBE or Non-DBE Subcontractors

• Certification of Non-Segregated Facilities

• Equal Opportunity Report Statement

• Bid Bond

□ Sample Agreement:

• List of All proposed modifications or legal issues regarding terms of the Sample Agreement as outlined in Section II-2.

□ DSBO MWBE Forms

• Commitment to MWBE Participation

• List of Proposed Subcontractors, Subconsultants, and/or Suppliers

• MWBE, SBE, EBE Letter(s) of Intent

• DSBO Program Requirements Handbook – Signature Statement

□ Diversity Survey

• Diversity and Inclusiveness in City Solicitations (online survey)

– include the completed survey with your Bid submission)

□ Financial Forms

• Summary of Quantities (Submit in Excel Format)

Table of Contents

TABLE OF CONTENTS

WATER QUALITY INFRASTRUCTURE IMPROVEMENTS Page

INVITATION FOR BID (IFB)

BID SUBMITTAL REQUIREMENTS

I. CITY, AIRPORT AND PROJECT OVERVIEW

II. ADMINISTRATIVE INFORMATION

II-1 Issuing Office II-2 Introduction and Acceptance of IFB Terms II-3 Means of Communication II-4 Interpretation of Bid Documents II-5 Addenda II-6 DEN Website II-7 Withdrawal of Bid II-8 Rights of DEN II-9 Bidder Agreements II-10 MWBE Responsiveness Requirements II-11 Certification of Independent Price and Work Determination II-12 Designation of Subcontractors II-13 Payment II-14 Disclosure of Legal and Administrative Proceedings and Financial Condition II-15 Insurance Requirements II-16 Governmental Immunity II-17 Security II-18 Airport Identification (ID) Badge Requirements II-19 Background Checks II-20 Vehicles in the Secured Area II-21 Violations II-22 Diversity and Inclusivity in City Solicitations II-23 Wage Ordinances II-24 Taxes II-25 Conformed Technical Specifications and Contract Documents II-26 Site Inspection and Investigations II-27 Materials and Substitutions II-28 Permit Fees II-29 Construction Scheduling II-30 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion II-31 Bond Requirements II-32 Bid Guarantee, Bond II-33 Payment & Performance Bonds II-34 Project Controls Requirements II-35 Equal Employment Opportunity

Table of Contents

II-36 Conflicts of Interest II-37 Title VI Solicitation Notice II-38 Confidentiality of Records II-39 Denver Construction Careers Program (DCCP)

III. PREPARATION OF BID

III-1 Preparation of Bid III-2 Completing and Signing Bid Forms

IV. EVALUATION OF BIDS

IV-1 BASIS FOR SELECTING THE APPARENT LOW BIDDER

IV-2 SUBMITTAL OF BIDS

IV-3 UNACCEPTABLE BIDS

IV-4 ONLY ONE BID ACCEPTED

IV-5 CONSIDERATION OF BIDS

IV-6 INFORMAL AND UNBALANCED BIDS

IV-7 NOTICE TO APPARENT LOW BIDDER – EXECUTION OF CONTRACT

V. ATTACHMENT 1, BID FORMS

VI. ATTACHMENT 2, DSBO FORMS

VII. ATTACHMENT 3, INSURANCE REQUIREMENTS

VIII. ATTACHMENT 4, DIVERSITY AND INCLUSIVENESS IN CITY SOLICITATIONS

IX. ATTACHMENT 5, SAMPLE AGREEMENT

X. ATTACHMENT 6, PERFORMANCE AND PAYMENT BOND

XI. ATTACHMENT 7, PREVAILING WAGES

XII. ATTACHMENT 8, LIEN RELEASE FORM

XIII. ATTACHMENT 9, SPECIAL CONDITIONS

City, Airport and Project Overview

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 Bidder’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 Bidders that demonstrate a history of equity, diversity, integrity, stewardship, innovation, and humanity. The City is looking for Bidders 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 accordance with procedures described herein, you are hereby invited to submit a Bid for the subject project, which is described in the Technical Specifications and Drawings incorporated herein. The work under this Contract is anticipated to start on or about September 2025 and has a scheduled duration of approximately 150 days. The Bid must be prepared and submitted in accordance with the requirements and procedures contained in this IFB document and the City’s ordinances, rules, policies, and procedures.

Compliance with these requirements by the Bidder is mandatory and is a condition of responsiveness. Any failure to satisfy these requirements will be a sufficient basis for the City to disqualify the Bidder. The City shall not be liable for any of the Bidder’s expenses associated with its preparation of the Bid or DEN’s consideration of it. The Bidder, if selected, shall not include any such expenses as part of its fee for performing the Scope of Work.

Preparation of Bid

II. ADMINISTRATIVE INFORMATION

II-1 Issuing Office

The City, by DEN Contract Procurement (DEN Contract Procurement). This IFB is governed by the City’s ordinances and Procurement Rules in effect at the time of its issuance. DEN Contract Procurement is the sole point of contact concerning this IFB. All communication must be done through DEN Contract Procurement.

II-2 Introduction and Acceptance of IFB Terms The Bidder, by submitting its Bid, acknowledges that it understands and will agree to the corresponding Exhibits and the Scope of Work, and that the Bidder shall be able to perform as required.

Acknowledgement of this condition shall be indicated by the signature of the Bidder on the Bid Acknowledgement Letter, which is attached hereto and incorporated here in as Attachment 1, or an officer of the Bidder legally authorized to execute contractual obligations. A submission in response to this IFB acknowledges acceptance by the Bidder of all terms and conditions as set forth herein. The Bidder shall identify clearly and thoroughly any variations between its Bid and this IFB. 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 IFB.

Bidders shall undertake a detailed review of the Attachment 5, Sample Agreement and submit with their Bid a list of all legal issues or proposed modifications which the Bidder would like DEN to review and address, should they be selected as the apparent lowest Bidder. The Bidder may submit questions regarding the contract using the same method designated for other questions related to this IFB. Bidders are strongly advised to seek legal counsel for advice regarding the Sample 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 Bidders. DEN shall assume that the Sample Agreement has been thoroughly reviewed and discussed with legal counsel prior to submission of the Bid. If the Bidder 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 Bidder, if they are selected as apparent lowest Bidder. The City may consider the Bidder’s comments in considering whether to select Bidder as the apparent best Bidder.

Attachment 5 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 the Sample 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.

II-3 Means of Communication

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

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

DEN Contract Procurement 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 lowest Bidder. It is the responsibility of each potential Bidder to monitor the BidNet website regularly in order 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 BidNet website to obtain solicitation information for the airport.

II-4 Interpretation of Bid Documents

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

Such requests must be made via the 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 IFB.

Note: BidNet limits the number of characters DEN may use to respond to each question. For this reason, do not submit multiple questions within a single question box, 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.

II-5 Addenda DEN reserves the right to revise the IFB documents at any time up to the time set for submission of the Bids. Any such revision(s) shall be described in an addendum to the IFB and shall be posted on the 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 Bids may be postponed by the number of days that DEN determines will allow Bidders sufficient time to revise their Bids. Any new submittal deadline date for delivering Bids to DEN shall be included in the addendum.

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

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

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

1. Advertisements for RFx and IFB opportunities

2. Status of RFx and IFB opportunities

3. Addendums including vendor questions and responses

4. Plan holder’s/Document Taker’s list

5. Award information

II-7 Withdrawal of Bid

A Bidder may withdraw its Bid by submitting to DEN a written request signed by the Bidder’s authorized representative. The withdrawal of a Bid does not prejudice the right of the Bidder to submit future Bids.

II-8 Rights of DEN DEN reserves the right to cancel or modify this IFB at any time and to reject any or all Bids for any reason or for no reason. This IFB is an open and equitable invitation for Bids, and each Bid constitutes an offer to contract that DEN may consider in its sole and absolute discretion. Any errors or omissions in a Bid may result in the rejection and disqualification of the entire Bid. Errors, omissions, and other acts that may result in Bid rejection and disqualification include, but are not limited to, failure to strictly comply with the IFB requirements or any applicable ordinances, rules, or policies; the submission of any inaccurate or false information; any improper communications or collusion involving Bidders; default or termination for cause of any public or private contracts within the past (5) 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 Bids, DEN may waive any immaterial deficiencies in Bids and may allow Bidders 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, Bidders will be notified of the allotted time to correct the identified deficiency; failure to correct the deficiency in the time allotted may result in Bids being deemed non-responsive and disqualified. DEN’s waiver of an immaterial deficiency will in no way modify the IFB or excuse Bidders from full compliance with all IFB specifications. DEN may exercise the foregoing rights at any time without notice and without any liability whatsoever to any Bidder or other party. By responding to this IFB, each Bidder is deemed to accept and agree to all of these terms and conditions and to waive any rights to challenge DEN’s determinations regarding Bid deficiencies in accordance with this section.

II-9 Bidder Agreements Bidders may submit proposed agreements of any form (contracts or documents) that contain supplemental terms and conditions that the Bidder desires to be considered by the City for inclusion in the contract. Such forms may include Bidder’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 IFB 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 Bidder, DEN may terminate negotiations with the Bidder and enter into a contract with another responsive Bidder. Certain of DEN’s contract provisions are required by Federal, State and/or City law and policy and are not subject to modification.

II-10 MWBE Responsiveness Requirements The below-listed DSBO bid requirements are all conditions of responsiveness. Failure to submit a responsive bid constitutes cause for rejection thereof.

1. Non-Competition Bidder shall not restrict an MWBE from providing subconsulting or subcontracting quotations to other Bidders. Any Bidder who does so shall cause their bid to be rejected. §§ 28-59(f), 28- 63(f), D.R.M.C.

2. Joint Ventures If Bidder is participating in a joint venture with a certified MWBE firm, bidder must submit the firm’s Joint Venture Agreement to DSBO at least 10 working days prior bid. The Joint Venture must be approved by DSBO.

A Joint Venture is an association of an MWBE firm and one or more other firms to carry out a single, for-profit business enterprise, for which the parties combine their property, capital efforts, skills and knowledge, and in which the MWBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest.

DSBO will count a portion of the total dollar value of the joint venture contract toward the MWBE requirement equal to the distinct, clearly defined portion of the work that the MWBE performs with its own forces in a NAICS code in which the firm is MWBE certified. The joint venture agreement MUST specify the services, dollar value, reporting structure, and details of the MWBE’s performance requirements associated with their percent of the joint venture ownership.

3. Commitment to MWBE Participation Bidder shall include with their bid a completed DSBO form, entitled “Commitment to MWBE Participation,” stating their committed MWBE participation percent on this project. The committed participation level will be inserted into any resulting contract and the Contractor/Consultant must comply with that committed participation amount during the term of the contract.

In determining whether a bidder’s committed level of participation meets the stated MWBE requirement, DSBO shall base its calculation of applicable dollar amounts and percentages on the total base bid amount. If a bid contains alternates, participation contained in any alternate will not count towards satisfaction of the requirement at time of bid opening.

4. Letter of Intent Bidder shall include with their bid completed DSBO form(s), entitled “Letter of Intent” (LOI).

The LOI evidences Bidder’s understanding that they will enter into a contractual relationship with the listed MWBE firm or that Bidder’s subcontractor(s), subconsultant(s), and/or supplier(s) will do so. A separate LOI is required for each MWBE subcontractor, subconsultant, and/or supplier at all tiers. Additionally, an MWBE Prime Bidder must submit an LOI for itself for self-performed work. The MWBE Prime Bidder must be City and County of Denver MWBE-certified in the relevant NAICS code(s) by the bid submission deadline for the self-performed work included in the LOI to count towards Bidder’s committed MWBE participation percentage. The collective LOI amounts must be consistent with the total committed MWBE participation percent stated on the Commitment to MWBE Participation form.

5. List of Proposed Subcontractors, Subconsultants, and/or Suppliers Bidder shall include with their bid a completed DSBO form, entitled “List of Proposed Subcontractors, Subconsultants, and/or Suppliers,” which is a comprehensive list of all firms (MWBE and non-MWBE) with whom Bidder will contract for this project, at all tiers. Each MWBE firm’s “contract value” listed on this form must be consistent with the amount listed on that firm’s corresponding LOI.

6. DSBO Program Requirements Handbook (DSBO Handbook) – Signature Statement

Bidder must submit the completed and signed Signature Statement of the DSBO Program Requirements Handbook with their bid documents to be found responsive. The signed

Signature Statement evidences Bidder’s review and agreement to comply with the requirements outlined in the DSBO Handbook.

7. Accurate, Complete, Consistent, and Executed Bidder is urged to carefully review their DSBO forms before submission to ensure that the forms are accurate, complete, consistent as between one-another, and executed by the appropriate parties. Only the MWBE firms identified on the above-listed required DSBO forms and MWBE certified in relevant NAICS codes at the time of bid opening, and the precise levels of participation listed for each, will be considered in determining whether Bidder has committed to meet the designated MWBE requirement. Additional MWBE participation submitted after bid opening will not be considered in determining responsiveness.

8. Good Faith Effort If Bidder cannot meet the MWBE requirement established by DSBO or is able to only meet part of the requirement, they shall furnish to DSBO, with their bid, a comprehensive statement of their good faith efforts to meet the requirement, along with supporting documentation demonstrative thereof. This means that Bidder must show that they took all necessary and reasonable steps to achieve the MWBE requirement which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient MWBE participation, even if they were not fully successful.

The statement of good faith efforts should address each of the categories outlined in the DSBO Ordinance, §§ 28-60, 28-64, D.R.M.C., and any additional criteria established by rule or regulation. As part of their good faith efforts, Bidders are encouraged to solicit the support and assistance of DSBO by contacting the procuring agency’s Contract Administrator (CA)/Buyer with specific questions; the CA/Buyer will coordinate with DSBO to reply thereto.

All good faith efforts information must be complete, accurate, adequately documented, and submitted with the bid. Good faith efforts must be demonstrated to be substantive and not merely for formalistic compliance with the DSBO Ordinance.

To award a contract to a bidder that has failed to meet the MWBE requirement, DSBO will determine whether Bidder made good faith efforts to actively, effectively, and aggressively seek MWBEs to meet the MWBE requirement prior to bid submission. Failure of Bidder to show good faith efforts shall render their bid ineligible for further consideration with the City.

9. Authority The DSBO Ordinance and rules and regulations promulgated pursuant thereto apply to this project and are incorporated into these solicitation documents by reference. Compliance with those, and any additional requirement contained herein, are conditions of responsiveness.

The DSBO Ordinance, its accompanying rules and regulations, and additional MWBE guidance are available here: https://www.denvergov.org/dsbo. Bidder is encouraged to contact the procuring agency/Buyer with specific questions related to compliance therewith, who will coordinate with DSBO to reply to Bidder’s questions.

II-11 Certification of Independent Price and Work Determination By submission of this Bid, each Bidder, and in the case of a joint Bid, each party thereto, certified, that, in connection with this procurement:

https://www.denvergov.org/dsbo

a. Prices and specific work processes in this Bid 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 Bidder 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 IFB is a part;

b. Unless otherwise required by law, the prices quoted and specific work processes described in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder 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 IFB is a part; and

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

Further, each person signing Attachment 1, Part 1 Bid Letter, for this Bid certified that:

d. They are the person in the Bidder’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. They are not the person in the Bidder’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 Bid 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 Bid will not be considered for award unless the Bidder furnishes with the Bid a signed statement which sets forth in detail the circumstances of the disclosure and the Chief Executive Officer (CEO), or its designee, determines that such disclosure was not made for the purpose of restricting competition.

II-12 Designation of Subcontractors

The Bidder 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.

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

II-13 Payment

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

II-14 Disclosure of Legal and Administrative Proceedings and Financial Condition

1. The Bidder 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 Bidder, its principals or key personnel were a party in the last five (5) years. The Bidder shall include in the statement:

a. The caption of the action naming all parties;

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

c. 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

d. The outcome or disposition of the action.

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

3. The Bidder shall submit (at time of submittal) a statement as to whether the Bidder, 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 Bidder 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.

a. If the Bidder 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 Bidder 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.

4. The Bidder shall submit (at time of submittal) a statement as to whether the Bidder, 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.

5. The Bidder shall submit (at time of submittal) its Dun & Bradstreet identification number if applicable.

If the Bidder is a partnership or joint venture, it must submit the Dun & Bradstreet identification number for each partner of a joint venture.

6. If the Bidder 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.

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

a. An audited statement of overhead rates, payroll taxes and operating (profit) margin used to calculate hourly billing rates for DEN’s approval. If the Bidder does not have audited overhead rates, a Core Staff Labor Rates Sheet, may be requested for each entity without audited overhead rates. This statement shall cover the Bidder’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 their opinion as to the fairness with which the statement represents the Bidder’s financial position, results of operations and changes in financial position.

b. If the Bidder is a partnership or joint venture, a Certified Audited Statement is required for each partner or joint venture. If the Bidder 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 Bidder, 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 their federal tax returns for the prior two (2) years.

c. If a Bidder is a small business as defined by the United States Small Business Administration, the Bidder 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.

d. 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 Bid.

II-15 Insurance Requirements

Bidder shall adhere to all insurance requirements stated in Attachment 3, which are attached hereto and incorporated herein by reference. ACORD FORM (or equivalent) must be emailed in pdf format to:

DEN.COI@flydenver.com.

II-16 Governmental Immunity Bidders 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, 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.

II-17 Security

After receiving an executed contract, the Bidder 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 (ASP) 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 company sponsoring a Participant shall immediately notify Airport Security when any sponsorship is terminated.

mailto:DEN.COI@flydenver.com

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 ASP 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 signing and verifying all information on the Denver International Airport Fingerprinting and Badging applications. All submitted applications must be an original. 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 Title 49 Code of Federal Regulations (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.

II-18 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 complete an application, on a form prepared and currently approved by Airport Security. Two (2) valid forms of identification must be presented with the application, 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 Fingerprinting and Badge Application, Security Threat Assessment (STA) and Criminal History Record Check (CHRC) must be completed for everyone requesting an Airport ID Badge. Denver International Airport Fingerprinting and Badge Applications are available from the Airport Security 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 DEN 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 DEN Fingerprinting and Badge Application must be completed and signed 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 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 completed for each employee still required on the project if the badges have expired.

II-19 Background Checks Every individual requesting an Airport ID Badge must complete a CHRC and an STA for unescorted access to the Sterile and Secured Areas.

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.

II-20 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…