IFB V4.pdf

INVITATION FOR BID

Taxiways F, G, H and De-Ice Pads Pavement

Rehabilitation Project

IFB No. 202578816

April 8, 2025

Invitation for Bid Letter

IFB NO. 202578816 Taxiways F, G, H and Deice Pads Pavement Rehabilitation Project April 8, 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): Jacob Troxell E-Mail: contract.procurement@flydenver.com

Invitation for Bid #202578816

BIDS MUST BE RECEIVED BY: Monday, May 6, 2025, by 2:00 p.m. 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 8, 2025 Optional Pre-Bid Conference April 15, 2025, at 3:00 p.m. Denver Local Time Last Date to Submit Written Questions April 22, 2025, by 2:00 p.m. Denver Local Time Bid Due May 6, 2025, 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.

Link to Pre-Bid Conference

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 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_ZjMwNGJlZjEtM2MzOS00OGYwLThmYmQtYWI1MjgxNjM3YmZh%40thread.v2/0?context=%7b%22Tid%22%3a%2279c62162-b85e-4b0e-a863-ebe7817ad70d%22%2c%22Oid%22%3a%2293f292a9-4414-4706-bd17-fe6d3e0a3cee%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/

Disadvantaged Business Enterprise (DBE) Participation The Director of the Division of Small Business Opportunity has the authority to establish a project goal for federally funded expenditures contracted by the City and County of Denver (City). The specific goal for this project is:

24% DBE Participation Goal

The requirement must be met with certified firms, 49 C.F.R. § 26.55, or through the demonstration of a sufficient good faith effort, 49 C.F.R. § 26.53. DSBO has designated a DBE requirement for this project.

This procurement and resulting contract are governed by the U.S. Department of Transportation (USDOT) Rules and Regulations and Code of Federal Regulations (C.F.R.) 49 C.F.R. § 26 or 40 C.F.R. § 30, as well as DSBO’s DBE Program Plan (collectively, the “DBE Program”). Throughout the life of the contract, the awarded contractor (“Contractor”) will be required to comply with the DBE Program. Failure by the Contractor to comply therewith during the performance of the contract is a material breach of the contract, which may result in the imposition of sanctions on the Contractor, as deemed appropriate by

DSBO.

General Statement of Work This request is for a competitive Invitation for Bid (IFB) procurement to select a qualified contractor to provide construction services for the Taxiways F, G, H and Deice Pads Pavement Rehabilitation project at Denver International Airport (DEN). The primary reason for this project is to improve the pavement condition of the Taxiway F, G, & H complex as a means of sustaining DEN’s current investment, fulfilling our FAA grant assurance obligations, and maintaining our Part 139 certification. Additionally, this project would provide the operational closure window needed to replace select damaged LED fixtures within the project area; to replace aging and worn electrical infrastructure (as needed); to remove redundant electrical cabling within the existing duct banks; to perform four (4) utility manhole adjustments; to repair the failing underdrain along Deice Pad B; and to remove and replace the worn surface painted pavement markings within the complex.

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

Prequalification Requirements Each Bidder must be prequalified in category 3C: Concrete Airfield Paving at the $20,000,000.00 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 for prequalification 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 proposed modifications or legal issues regarding terms of the Sample Agreement as outlined in Section II-2.

□ DSBO DBE Forms

• Commitment to DBE Participation

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

• DBE Letter(s) of Intent and DBE Regular Dealer-Distributor Affirmation Form (If

Applicable)

□ Diversity Survey

• Diversity and Inclusiveness in City Solicitations (online survey

– include the completed survey with your Bid submission)

□ Financial Forms

• Exhibit B – TW F G H Rehab Bid Form (Must submit in Excel format)

□ Federal Funding Procurement Forms

• Certificate of Buy American Compliance for Total Facility

• Certificate of Buy American Compliance for Manufactured Products

• Certification of Offeror/Bidder Regarding Tax Delinquency and Felony Convictions

Table of Contents

TABLE OF CONTENTS

Taxiway F, G, H and Deice Pads Pavement Rehabilitation Project Page

INVITATION FOR BID (IFB)

BID SUBMITTAL REQUIREMENTS

I. CITY, AIRPORT AND PROJECT OVERVIEW

II. ADMINISTRATIVE INFORMATION

Issuing Office Introduction and Acceptance of IFB Terms Means of Communication Interpretation of Bid Documents Addenda DEN Website Withdrawal of Bid Rights of DEN Bidder Agreements

Disadvantaged Business Enterprise (DBE) Participation Certification of Independent Price and Work Determination Designation of Subcontractors Payment Disclosure of Legal and Administrative Proceedings and Financial Condition Insurance Requirements Governmental Immunity Security Airport Identification (ID) Badge Requirements Background Checks Vehicles in the Secured Area Violations Diversity and Inclusivity in City Solicitations Wage Ordinances Taxes Conformed Technical Specifications and Contract Documents Site Inspection and Investigations Materials and Substitutions Permit Fees Construction Scheduling Certification Regarding Debarment, Suspension, Ineligibility and Voluntary

Exclusion Bond Requirements Bid Guarantee, Bond Payment & Performance Bonds Project Controls Requirements Equal Employment Opportunity

Table of Contents

Conflicts of Interest Title VI Solicitation Notice Confidentiality of Records Denver Construction Careers Program (DCCP)

III. PREPARATION OF BID

Preparation of Bid Completing and Signing Bid Forms

IV. EVALUATION OF BIDS

BASIS FOR SELECTING THE APPARENT LOW BIDDER

SUBMITTAL OF BIDS

UNACCEPTABLE BIDS

ONLY ONE BID ACCEPTED

CONSIDERATION OF BIDS

INFORMAL AND UNBALANCED BIDS

NOTICE TO APPARENT LOW BIDDER – EXECUTION OF CONTRACT

V. ATTACHMENT 1, BID FORMS

VI. ATTACHMENT 2, EXHIBIT B – TW F G H REHAB BID FORM

VII. ATTACHMENT 3, DSBO FORMS

VIII. ATTACHMENT 4, INSURANCE REQUIREMENTS

IX. ATTACHMENT 5, DIVERSITY AND INCLUSIVENESS IN CITY SOLICITATIONS

X. ATTACHMENT 6, SAMPLE AGREEMENT

XI. ATTACHMENT 7, PERFORMANCE AND PAYMENT BOND

XII. ATTACHMENT 8, PREVAILING WAGES

XIII. ATTACHMENT 9, LIEN RELEASE FORM

XIV. ATTACHMENT 10, 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 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 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 May 12, 2025 and has a scheduled duration of approximately NTP plus 425 days. The Bid must be prepared and submitted in accordance with the

City, Airport and Project Overview 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.

Instructions to Bidders

II. ADMINISTRATIVE INFORMATION

Issuing Office 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.

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 the Scope of Work 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 herein 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 6, 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 Sample Agreement 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 Sample 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 low Bidder.

Attachment 6 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 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 certain provisions required by Federal, State, and/or City law and policy, and these provisions may not be revised or negotiated.

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 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 DEN.

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.

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

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, Jacob Troxell 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. Addenda including vendor questions and responses

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

5. Award information

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.

Rights of DEN DEN reserves the rights 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 https://www.bidnetdirect.com/colorado/cityandcountyofdenverdepartmentofaviation 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 five (5) 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.

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.

Disadvantaged Business Enterprise (DBE) Participation The City’s Disadvantaged Business Enterprise (DBE) policy is to ensure nondiscrimination in the award and administration of the City’s construction contracts, professional services contracts, and in the procurement of common goods and services. The awarded contractor (Contractor) shall comply with and implement requirements of the U.S. Department of Transportation (USDOT) Rules and Regulations and Code of Federal Regulations (C.F.R.) 49 C.F.R. § 26 or 40 C.F.R. § 30, and DSBO’s DBE Program Plan (collectively, the DBE Program) in the award and administration of Subcontracts under any agreement resulting from this solicitation (Contract). The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the administration and performance of the Contract. The Contractor shall carry out DBE Program requirements in the award and administration of its contracts as well as the flow down provisions of this DBE Contract requirements to be incorporated in all DBE subcontract agreements regardless of tier. It is the City’s intention to create a level playing field on which DBEs can compete fairly for federally funded contracts. Failure by the Contractor to comply with or implement these requirements is a material breach of the Contract, which may result in the termination of the Contract or such other remedy as the City deems appropriate. These legal remedies may include but are not limited to:

withholding monthly progress payments, assessing sanctions, liquidated damages, and/or disqualifying the Contractor from future bidding as non-responsible. 49 C.F.R. § 26.13. The City’s commitment to the DBE Program is not intended to and shall not be used as a justification to discriminate against any qualified company or group of companies.

City’s Equity, Diversity, & Inclusion Values

The City is committed to advancing its vision of equity, diversity, inclusion, and sustainability through growing the capacity of historically underutilized businesses, which include DBE firms, providing significant contracting opportunities, and ensuring they benefit from said contracts.

Counting DBE Participation

For a firm’s performance to count toward meeting the DBE requirement, they must be DBE certified by the City or the Colorado Department of Transportation (CDOT), also known as the Colorado Unified Certification Program (UCP), on or before execution of Contractor’s agreement with the DBE firm and must be certified in the NAICS code(s) that coincide with the scope of work that they will be performing.

In instances of a DBE Prime Contractor, the DBE Prime must be certified prior to executing their agreement with the City. The UCP maintains a DBE Directory (Directory), which is a current listing of UCP-certified DBEs and may be accessed via the DSBO website at https://www.denvergov.org/dsbo. Bidders are encouraged to use the Directory to assist in identifying DBEs for the work and supplies required for the project. Bidders are reminded that changes may be made to the Directory at any time. DBE certification or listing in the Directory is not a representation or warranty by the UCP regarding the qualifications of any listed DBE.

During performance, accounting of DBE participation will be maintained for all purchase orders, task orders, and work orders, which participation will collectively be applied to the contract’s overall DBE participation attainment.

In utilizing the participation of a DBE supplier, the degree to which their participation counts towards satisfaction of the DBE requirement varies. If materials or supplies are obtained from a DBE manufacturer, one hundred percent (100%) of the cost of the materials or supplies counts toward the requirement. Sixty percent (60%) of the value of the commercially useful function performed by DBE regular dealers counts toward satisfaction of the requirement. If the materials or supplies are purchased from a DBE distributor, which neither maintains sufficient inventory nor uses its own distribution equipment for the products in question, count forty percent (40%) of the cost of materials or supplies (including transportation costs) counts toward the requirement. Only the bona fide commissions earned by manufacturer representatives or brokers for their performance of a commercially useful function counts toward meeting the requirement. Therefore, Bidder must separate bona fide brokerage commissions from the actual cost of the supplies or materials provided to determine the actual dollar amount of participation that can be counted towards meeting the requirement.

Should any designated alternate be selected by the City for inclusion in the contract ultimately awarded, the DBE requirement percentage level submitted at time of bid opening, on the base bid, will also apply to the selected alternates and must be maintained through the remaining term of the contract on the total contract amount, including any alternate work. Therefore, bidders are urged to consider participation in preparing bids for designated alternates.

DBE Responsiveness Requirements

Award of this project will be determined, in part, on Bidder’s commitment to strengthen the disadvantaged business community. Said commitment is shown through adherence to and thoughtful completion of the below-listed DSBO bid requirements, which are all conditions of responsiveness. Failure to submit a responsive bid constitutes cause for rejection thereof.

1. Non-Competition

Bidder shall not restrict a DBE from providing subconsulting or subcontracting quotations to other Bidders.

Any Bidder who does so shall cause their bid to be rejected.

2. Joint Ventures

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

A Joint Venture is an association of a DBE 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 DBE 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 DBE requirement equal to the distinct, clearly defined portion of the work that the DBE performs with its own forces in a NAICS code in which the firm is DBE certified. The joint venture agreement MUST specify the services, dollar value, reporting structure, and details of the DBE’s performance requirements associated with their percent of the joint venture ownership.

3. Commitment to DBE Participation

Bidder shall include with their bid a completed DSBO form, entitled “Commitment to DBE Participation,” stating their committed DBE participation percent on this project. The committed participation level will be inserted into any resulting contract and the Contractor 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 DBE 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 DBE firm or that Bidder’s subcontractor(s), subconsultant(s), and/or supplier(s) will do so. A separate LOI is required for each DBE subcontractor, subconsultant, and/or supplier at all tiers. Additionally, a DBE Prime Bidder must submit a LOI for itself for self-performed work. If the bidder includes a DBE supplier, then page 2 of the LOI, known as the DBE Regular Dealer -Distributor Affirmation Form, must be completed.

The collective LOI amounts must be consistent with the total committed DBE participation percent stated on the Commitment to DBE 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 (DBE and non-DBE) with whom Bidder will contract for this project, at all tiers. Each DBE firm’s “contract value” listed on this form must be consistent with the amount listed on that firm’s corresponding LOI.

6. 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 DBE firms identified on the above-listed required DSBO forms and DBE 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 DBE requirement. Additional DBE participation submitted after bid opening will not be considered in determining responsiveness.

7. Good Faith Effort

If Bidder cannot meet the DBE 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 DBE requirement which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if they were not fully successful.

The statement of good faith efforts should address the categories outlined in 49 C.F.R. § 26, Appendix A 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) with specific questions; the CA 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 49 C.F.R. § 26.53.

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

8. Authority

DBE statutes, 49 C.F.R. § 26 or 40 C.F.R. § 30, 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 DBE guidance are available here:

https://www.denvergov.org/dsbo ; the C.F.R. is available here: https://www.ecfr.gov/current/title- 49/subtitle-A/part-26Bidder is encouraged to contact the procuring agency with specific questions related to compliance therewith, who will coordinate with DSBO to reply to Bidder’s questions.

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, certifies, that, in connection with this IFB:

1. 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;

2. 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

3. 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 certifies that:

4. 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

5. 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.

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.

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.

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.

Insurance Requirements

Bidder shall adhere to all insurance requirements stated in Attachment 4, which are attached hereto and incorporated herein by reference. ACORD FORM (or equivalent) must be emailed in pdf format to:

DEN.COI@flydenver.com.

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.

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.

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).

mailto:DEN.COI@flydenver.com

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.

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 online application with their Company’s Authorized Signatory and submit electronically one (1) day prior to visiting the badging office. 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 online by the Company Signatory and submitted electronically for everyone requesting an Airport ID Badge. 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…