R-2474 Binney WPF LED Improvements.pdf

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

Request for Proposal: R-2474 Class/Item: 90694, 91360, 91438, 92517, 92528, 92531, 92533, 92535, 92538, 92544, 92558, 92587, 92596, 92597 Date: August 14, 2024

REQUEST FOR PROPOSALS

Engineering Services for the Binney (WPF) LED Lighting Improvements Project

The City of Aurora is requesting written proposals from qualified firms to provide engineering services for the project identified above.

Proposal Submittal Deadline Proposals shall be submitted electronically through the Rocky Mountain E-Purchasing System (aka BidNet) no later than 2:00 p.m., local time, September 9, 2025. File size limit is 25 MB. Please be advised that proposals MUST be submitted through BidNet to be considered responsive. The proposals shall be retained by the City and cannot be returned. If you need assistance with the registration or proposal upload process, you may call BidNet’s vendor support at 1-800-835-4603 or e-mail e-procurementsupport@bidnet.com.

Pre-Proposal Conference A pre-proposal conference call is scheduled for August 26, 2025 at 10:00 AM via Microsoft Teams. Click on the following link to participate: Join the meeting now . In the event that this link does not work, interested firms shall email Nathan Jones at njones@auroragov.org and provide email address to be invited to the Pre- Proposal Conference Teams Meeting. The purpose of the pre-proposal conference is to provide assistance to prospective consultants in the interpretation of the Request for Proposals, Scope of Services, Sample Contract, and other technical and contractual matters. Attendance at the pre-proposal conference is not mandatory, but highly recommended. Specific requirements for this project are contained in the attached Section I Scope of Services.

The City of Aurora reserves the right to amend, by an addendum or addenda to this RFP, at any time and/or a multiple number of times prior to the date set for receipt of the submission of proposals. Addenda or amendments will only be posted and updated on the Rocky Mountain E-Purchasing System located at www.bidnetdirect.com/colorado . It shall be the responsibility of consultants to obtain all addenda from the Rocky Mountain E-Purchasing System. Parties obtaining bid information from other sources do so understanding that their information may be incomplete, inaccurate, or out of date and therefore wholly unreliable from a commercial perspective. Consultants registered for the paid bidding notification service shall be notified either by fax or email depending on the service that they have subscribed to. It shall be the responsibility of prospective consultants registered for the no charge, no notification service on the Rocky Mountain E-Purchasing System to monitor the Rocky Mountain E-Purchasing System for any addenda. Failure to do so may lead to reliance on incomplete, inaccurate, or out of date information when submitting proposals subjecting such proposals to automatic disqualification from consideration. If revisions are of such a magnitude to warrant, in the City of Aurora’s opinion, the postponement of the date for receipt of proposals, an addendum will be issued announcing the new date.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_OWZmMzAzNmUtM2VlYy00ODk1LTgzNTUtNjRkZjRmNGVkMzUx%40thread.v2/0?context=%7b%22Tid%22%3a%229cf07bc1-6fa2-4d49-bc93-7acced6cc8d7%22%2c%22Oid%22%3a%2241c2541f-5743-487e-8543-7c4178a22eb4%22%7d mailto:njones@auroragov.org http://www.bidnetdirect.com/colorado

PROPOSAL NUMBER: R-2474

A TENTATIVE SCHEDULE of key dates for the project has been established as follows:

August 26, 2025

Pre-Proposal Conference Call via Microsoft Teams at 10:00 a.m.

August 29, 2025 Technical questions regarding RFP due by 2:00 p.m.

September 9, 2025 Technical Qualification Proposals due by 2:00 p.m.

September 23, 2025 October 2025

Negotiations with Top-ranked firm completed Contract Award Actions Complete/Services Start Date

Technical Questions regarding this Request for Proposals shall be addressed to ,Safa Obaid, Project Manager via email at Sobaid@auroragov.org AND Nathan Jones, Contract Administrator, via email at njones@auroragov.org. Questions will be answered via addendum posted to BidNet.

Solicitation Process The Request for Proposals is being solicited under a three-phase qualification based procurement procedure.

First Phase: The first phase requires all interested firms to submit un-priced Technical Qualification Proposals addressing only those items cited in Section II, Proposal Submittal Requirements, of this Request for Proposals.

Technical proposals will be evaluated using the general evaluation criteria outlined in Section III, Technical Proposal Evaluation, to select a short list of firms for further participation in the second phase. During the first phase of the Technical Proposal Evaluation the City may at its sole discretion request additional information or hold discussions for clarification purposes with select firms in order to complete the City’s evaluation of a firm’s submitted technical proposal. Only those firms who are placed on the short list will be able to participate during the second phase. In the event only one firm is found to be technically qualified under the first phase of this RFP’s evaluation process to provide the services identified in Section I of the RFP, then the City reserves the right to enter into direct negotiations pursuant to negotiation process identified below under the third phase of this RFP with that single firm for the award of the contract.

Second Phase: During the second phase, all those firms that the City has notified of being placed on the short list for further participation in this solicitation process, shall be required to attend an onsite interview with the City’s evaluation committee. The results of the onsite interview shall be used by the City for establishing the final ranking of the short listed firms. The firm that is selected by the City from the interview process that is the number one top ranked firm shall be considered for award of the contract subject to successful negotiation of a final agreement under the third phase of this RFP process. Should the City be unable to reach agreement with the number one top ranked firm, negotiations will commence with the second ranked firm. This process will continue until a satisfactory contract is negotiated, or the City exercises its right to reject all proposals.

Third Phase: During the third phase the top ranked firm shall be contacted by the City to begin the negotiation process for award of the contract. Within 5 business days of being notified by the City that the negotiation process is beginning the top ranked firm must submit the following:

1. Detailed Scope of Work: The Scope of Work (SOW) should include a detailed breakdown by Tasks with sub-tasks that shows what services shall be provided to the City for completing the proposed engineering services identified in Section I, Scope of Services of this RFP.

2. Detailed Project Schedule: The Project Schedule should directly reflect/correspond to the above proposed SOW in a bar chart format that shows the Tasks and sub-tasks from the beginning to the end of the SOW to be performed.

3. Detailed Price Proposal: The detailed price proposal shall reflect completing all the proposed services identified in the SOW and Project Schedule submitted under items 1 & 2 above. The detailed price proposal shall be submitted in an “Excel” style spread sheet that shows the following:

• List of tasks & sub-tasks for the furthest left hand column (must correspond with the SOW)

• List of key personnel with titles and hourly rates on the top row area going from left to right mailto:Sobaid@auroragov.org mailto:njones@auroragov.org

• List of total hours per each sub-task for each identified key personnel – this would be a column under each listed key personnel. Also add a total number of hours row/area for all sub-tasks at the bottom of the spread sheet which would show the overall total number of hours for each key personnel

• List of the total hours estimated to complete each sub-task that shows a total of all hours for all the key personnel assigned to complete the sub-task (this should be column that comes right after the last listed key personnel)

• List of the total direct labor costs estimated to complete each sub-task (this should be a column that comes right after the list of total hours noted in the previous bulleted item)

• List of all other direct and or indirect costs like, mileage, airfare, lodging, sub-consultant costs…etc.

• In addition to the above a detailed breakdown of the unburdened hourly rates for each key personnel listed to provide service on the project shall be submitted along with the multiplier that is proposed for calculating the billable hourly rate (this shall not be part of the above items on the Excel spreadsheet, but should be submitted on a separate page)

After the City has completed its initial evaluation of the above submitted SOW, Project Schedule and Price proposal follow up meetings/negotiation discussions with the top ranked firm shall be scheduled to discuss potential changes to their submitted proposal. The negotiation discussions shall involve all the aspects of the top ranked firm’s submitted SOW, Project Schedule, and Price proposal. The City shall be the sole judge in determining the number of negotiation discussions, length of the negotiation discussion and any other parameters associated with conducting the negotiation process for the award of the contract. In the event the City determines that negotiations have failed to reach an acceptable agreement for award of the contract to the top ranked firm, then the City shall notify the top ranked firm of the City’s decision to conclude negotiations. The City will then contact the second ranked firm to begin negotiations as previously identified under the second phase of this RFP.

Note: Once a final agreement has been negotiated by City staff under the third phase of this RFP the recommendation for award of the contract will be sent to the Aurora City Council for final approval. Aurora City Council approval will be subject to successful negotiation of the final terms associated with scope, schedule and budget. Once Council approval of the award is obtained and the contract is signed, work may begin.

Confidentiality Proposals submitted to the City of Aurora for consideration shall be subject to the Colorado Open Records Act and Colorado Statute C.R.S Sec 24-92-103(4) after award is made. Any confidential information in a proposal shall be identified as such by the submitting firm. Firms will be notified before information is released. Proposals submitted and terms and conditions specified in each firm’s response shall remain the property of the City of Aurora.

Licenses The successful Proposer, without additional expense to the City, shall be responsible for obtaining any necessary licenses and for complying with any applicable federal, state, and municipal laws, codes and regulations in connection with the prosecution of the services. The successful Proposer and any subcontractors, if applicable, will be required to obtain an Aurora Business License. The successful Proposer shall provide the Aurora Business License number(s) to Nathan Jones, Contract Administrator, within thirty days of contract award.

Amendments to the Request for Proposal The City of Aurora reserves the right to amend this Request for Proposal by an addendum at any time prior to the date set for receipt of proposals. Addenda or amendments will be posted on the City of Aurora web site as soon as available and shall be the responsibility of the Proposer to obtain all addenda. Proposers registered for the paid bidding notification service shall be notified either by fax or email depending on the service that they have subscribed to. If revisions are of such a magnitude to warrant, in the City of Aurora’s opinion, the postponement of the date for receipt of proposals, an addendum will be issued announcing the new date.

Payments The City now makes payments through electronic transfers. The successful Proposer will be asked to complete a ACH Direct Payment Authorization form upon contract award. The form may be found as an attachment to these Instructions To Proposers. If the successful Proposer has already completed this form for the City, there is no need to submit another one, unless the information has changed.

Additional Information Proposals will be considered only from firms or individuals that are firmly established in an appropriate business, who are financially responsible, and who have the resources and ability to offer services in a professional and expedient manner. The City may request additional information as deemed necessary. Failure to provide such information may result in the proposal being considered non-responsive.

The City of Aurora reserves the right to reject any and all proposals, to waive any informalities in the proposals received, and to accept the proposal deemed most advantageous to the best interest of the City.

NO OTHER CONTACT SHALL BE MADE REGARDING THIS REQUEST FOR PROPOSAL WITH ANY

OTHER CITY OF AURORA STAFF. DURING THE REQUEST FOR PROPOSAL PHASE NO CONTACT

SHALL BE MADE REGARDING THIS PROJECT WITH REPRESENTATIVES OF OTHER CITY, COUNTY,

REGIONAL, STATE OR FEDERAL AGENCIES. FAILURE TO COMPLY WITH THIS REQUIREMENT MAY

RESULT IN THE OFFENDING FIRM BEING REMOVED FROM CONSIDERATION. FURTHERMORE,

FIRMS IN VIOLATION OF SECTION 2-667(F) OF THE CITY CODE, DISQUALIFIED VENDOR OR

CONTRACTOR, WILL HAVE ANY CURRENT BIDS/PROPOSALS DISQUALIFIED FOR FURTHER

CONSIDERATION AND WILL BE DEBARRED FROM PARTICIPATION IN FUTURE SOLICITATIONS

REGARDLESS OF WHETHER OR NOT THEY PARTICIPATED IN THIS SOLICITATION PROCESS.

Consultant Acceptance of the Request for Proposals By submitting a proposal in response to this Request for Proposals, the Consultant accepts all of the conditions described in this Request for Proposals, including the Professional Design Services Agreement and agrees to abide by all final decisions made by the City.

Respectfully, Nathan Jones Procurement Supervisor

Attachments: Section I Scope of Services Section II Technical Qualification Proposal Submittal Requirements Section III Technical Qualification Proposal Evaluation Section IV Special Conditions Attachment 1 Open Records Requests Attachment 2 Small Business Entity Status Attachment 3 Statement of Intent to Use SBE Attachment 4 Individual Letter of Intent for SBEs Attachment 5 Good Faith Effort Questionnaire Attachment 6 Sample Professional Design Services Agreement

SECTION I

SCOPE OF SERVICES

AURORA WATER

REQUEST FOR PROPOSALS

AURORA WATER – Binney (WPF) LED Lighting Improvements Project

PROJECT DESCRIPTION

The Project Delivery Services Division of Aurora Water is requesting written proposals from qualified firms to provide Electrical Engineering Services for the preliminary design, final design documents through bidding as well as services during construction for the Binney (WPF) LED Improvements Project.

PROJECT BACKGROUND

The LED Lighting Improvements project aims to address and resolve ongoing lighting system issues across several buildings within the facility. The main objectives are to enhance lighting efficiency, improve maintenance access, and ensure safety in all critical areas. To achieve this, an Electrical consultant will be engaged to assess the existing system and provide alternative design solutions where necessary.

SCOPE OF SERVICES

The scope of services for the project includes preparation of design drawings with 30%, 60% and 90% review meetings and project specifications and front end documents. General scope elements associated with the project as cited below. This is not an all-inclusive list. During the proposal phase each qualified firm is encouraged to identify, define and address specific issues related to the design and construction.

The Consultant as part of this design will coordinate with the City of Aurora Project Delivery Services and Aurora Water Facility Maintenance personnel to review all options for the system improvements as well as review the means and methods of construction for the installation.

The following is a list of items that the consultant will need to address:

1. On Site Data gathering and review of Design Drawings, permit requirements and City Standards.

2. Field investigation of existing conditions

3. Information of all existing electrical and lighting appurtenances shall be shown.

4. Constructability & Construction Sequencing

5. Identify any permits required

6. Complete set of Plans & Specifications

7. Opinion of Probable Cost at 60% and 90% design milestones

8. To follow through the City review process until drawings are approved.

9. Services During Construction Note, This project is expected to proceed under the (CM/GC) delivery method

10. Record Drawings & Asset Intake Documentation

See below Figures 1,2 & 3 for location map and existing lighting system.

FIGURE 1- AURORA WATER – BINNY (WPF) LED IMPROVEMENTS PROJECT

Figure 2 & 3 Existing Lighting System Conditions

Binney

WPF

All work impacting Aurora Water facility operations must be scheduled and performed in close coordination with Aurora Water staff to mitigate any impacts to operations

Project Management The selected firm shall regularly schedule meetings and coordinate with Aurora Water and, as appropriate, entities outside of the City; identify and facilitate milestone meetings and workshops; and submit monthly schedule, budget, and project status reports. Status reports shall be submitted electronically. Schedules shall be prepared and submitted in Microsoft Project (.mpp) format.

The consultant will also prepare a Project Management Plan (PMP) to include, at a minimum, the following elements:

• Scope

• Budget

• Permitting requirements

• Outside agency coordination

• Coordination with departments within the City of Aurora

• Schedule – tasks, meetings, milestones, delivery dates

• Regular monthly meetings

• Milestones (assessment deficiency reports, pre-design)

• Expectations of City (City input, documents to be provided, coordination required, etc.)

• Team structure, including sub-consultants

• Team member contact information

• QA/QC plan, including specific names and locations of technical reviewers

Construction Plans and Specifications

This project will include a 30%, 60% and 90% design review and 100% deliverable(s). A submittal of plans and specifications shall be submitted to the City for review at 60% and 90% design completion. The selected firm shall prepare all design documentation including drawings, plans, specifications, contract documents necessary for bidding and constructing the project and other related project documentation.

The design shall include all facilities and appurtenances in accordance with accepted engineering practices and compatible with existing facilities and systems within the City. A project construction schedule and projection of construction costs will be required in the 60% and 90% design phases and shall be submitted with each review based on Division standards.

Technical specifications and standard details shall be prepared based on City of Aurora standards and specifications.

The consultant shall provide all calculations used during the design of the facilities. Design calculations and notes, sketches and modeling outputs shall be submitted to the City in a 3-ring binder format at the conclusion of the project.

Design Standards All drawings and designs shall be in accordance with the City's Rules and Regulations, and the latest edition of the Building Codes and Standards and Specifications

Drawings must provide a complete presentation of the necessary work to allow accurate bidding.

Coordination of Design The selected firm shall hold progress meetings as needed with the City's designated project management team during the course of design and coordinate with the City’s project manager to verify design appropriateness of system components.

The selected firm shall ensure the design is in compliance with all Federal, state, local, and City requirements.

Quantities and Cost Estimates A detailed engineer’s opinion of probable construction cost shall be provided for the base bid and any alternatives. The selected firm shall also estimate the appropriate construction timing and schedule. All estimates shall be in accordance with the Capital Projects Division Guide to Construction Estimating.

Risk Analysis A Risk Assessment shall be provided for all alternatives. The consultant shall anticipate potential risks associated with the project and prepare action plans to respond to each possibility.

Contract Time The consultant shall have until December 2025 to complete all bid documents (drawings and specifications), engineer’s opinion of probable construction cost, permits and contract documents. The above time includes time for review and approval by the City. The Consultant will determine and include review times needed by other agencies if required.

The consultant shall submit a schedule in bar chart or other suitable form clearly indicating work to be performed and completion dates of major events, milestones, and phases of the design work. All submittal dates shall be identified.

All work shall be complete with all plans and contract documents ready for bidding within the allotted time.

ESTIMATED PROJECT SCHEDULE

A tentative schedule of key dates for the project has been established as follows:

Notice to Proceed

October 2025

Plans Complete and Approved by COA

December 2025

Construction Phase Services

January 2026

Contract Award The City’s intent for the initial award of a contract from this RFP is for the engineering services that are needed to complete the project through Final Design, Bid Phase Support and Construction Phase Support engineering services as described within the above Scope of Services of this RFP.

In the event the City elects to award the services contemplated in this RFP under a phased approach, then the remaining phases of engineering services will be added to the awarded contract with the successful firm via a contract Amendment. Any amendment for adding services is at the sole option of the City to continue with the completion of the project, and is subject to the availability of funding. The award of an initial contract as described above shall not be considered a guarantee by the City to the successful firm of the award of any contract amendment(s) for future phases of services/work associated with the project.

The final execution of any contract amendment is contingent upon the approval of the City of Aurora’s City Council.

SECTION II

TECHNICAL QUALIFICATIONS PROPOSAL SUBMITTAL

REQUIREMENTS

Limit the TOTAL LENGTH of the core proposal to eight-(8) pages maximum, which does not include cover letter; index and/or table of contents, front and back covers, title page, separation tabs, request for business status, appendices, and resumes (keep resumes to one (1) page each, maximum). A maximum of one of the eight pages can be in 11x17 tri-fold format. Consultant must use 11 point font or larger. Use of figures, photographs, or other graphics within the page constraints indicated is up to the discretion of the consultant.

The City cannot guarantee review of voluminous firm-specific or other information contained as an appendix. The qualified firm's proposal shall include at a minimum the following information:

1. Statements of Qualifications including:

• General firm information including both local and firm-wide resources pertinent to this project

• Resumes of key project personnel and percent of team that is local

• Location of key project personnel and availability

2. Proposed project team including Project Manager, QA/QC , Lead Electrical Engineer, support staff, and proposed sub consultants, if any. Include information on sub-consultant firm(s), including sub-consultant personnel who will be working on the project, and their specific roles. Include information on the firm and personnel who will be working on the constructability review.

3. Project descriptions and references from at least three projects with similar size, type, and scope.

These projects should demonstrate the experience of the project team and need to have been completed during the past five years. The descriptions should include whether the project was completed on time and within budget per the original schedule and budget; any discrepancies should be explained. Similar projects shall consist of those projects which demonstrate the firm’s prior experience with Water Treatment Facilities, LED Lighting Retrofit.

4. Approach to completing the project, including addressing the elements of the Scope of Services contained within this RFP, and any additional anticipated issues and proposed strategies for addressing the issues based on additional insight, capabilities or perspectives of the consultant.

This includes addressing coordination with other entities (including other departments within the City of Aurora) and defining project milestones, including project meetings and workshops. Work will most likely occur while the facility is on-line. Provisions should be noted regarding how the project will be constructed without affecting operations.

5. Proposed schedule to complete the design.

6. Request for Business Status – Refer to Attachment-2 of this RFP.

Note: No priced proposals are to be submitted at this time. The City shall notify the number one top ranked firm when a price proposal is to be submitted in accordance with the third phase price proposal requirements identified on page 2 & 3 of this RFP.

The City reserves the right to obtain financial data or other supplemental information concerning the firm and/or its proposed sub-consultants.

SECTION III

TECHNICAL QUALIFICATIONS PROPOSAL EVALUATION

Interested firms will be evaluated on the criteria listed below. The selection committee will review each firm’s approach to ascertain their understanding of the project and issues to assure that a proper effort will be devoted to the project, and to entertain the firm’s special perspective on approach, techniques, and work efforts. Based on the selection committee’s review, a list of the short listed firms that are selected to participate in the second phase of the RFP solicitation process will be sent to the City’s Purchasing Services Office. Interviews with select firms may be conducted by the City’s evaluation committee at its sole discretion to aid in the evaluation of a firm’s technical proposal submitted pursuant to first phase of this

RFP.

PROPOSAL EVALUATION AND SELECTION CRITERIA

Firms will be evaluated based on their exhibited understanding and familiarity with the project issues as demonstrated by the firm’s unique perspective and presentation on the proposed strategies, approach, team structure, experience/expertise, and schedule. The selection committee will evaluate the technical proposals based on the following criteria.

1. Statement of Qualifications: Exhibited strength of firm to complete this project based on the information provided in the proposal including Project Manager; Lead Electrical Engineer, project management structure; QA/QC support, including support project engineers and other professional staff; sub-consultants; and location(s) of key personnel, including sub-consultants.

2. Project Descriptions and References: Similar/pertinent project experience and references.

3. Project sequence of work and methodology: Project approach and scope of work, including demonstrated understanding of technical and non-technical issues associated with the project, understanding of City policies and procedures, value added by the firm’s proposed approach and schedule. Includes the firm’s approach to LED Lighting System Improvements

4. Overall quality, readability and responsiveness of the proposal and adherence to submittal requirements.

Note: The team of key personnel presented in the proposal shall work on the project until completion. Any substitute of personnel shall require the approval, in writing, of the City. Personnel changes shall only be considered for valid reasons such as an employee leaving the firm, major illness or accident. Only persons as well qualified as the proposed individual shall be approved.

TECHNICAL QUALIFICATIONS PROPOSAL EVALUATION AND SELECTION CRITERIA

Criteria Max. Points (100 pts) Statement of Qualifications - Specialized experience and Technical competence of project team assigned to this project: 40

Experience and qualifications of key personnel (20) Relevant projects completed by key personnel (20)

Project Descriptions and References: 20 Experience and performance of the project team/firm on similar projects (20)

Firm’s project management and availability of local staff: 35 Project understanding and overall approach (20) Firm’s demonstrated ability to meet project schedules and budgets (10) Capability to complete major portions of work at local office (5)

Overall impression of proposal and adherence to submittal requirements: 5 Organization, clarity, conciseness and thoroughness (5)

SECTION IV

SPECIAL CONDITIONS

GENERAL INFORMATION

Reimbursement will not be made for costs incurred prior to a formal Award. The proposal must be comprehensive and specify how the consultant would complete all of the elements of the "Scope of Services".

SAMPLE PROFESSIONAL DESIGN SERVICES CONTRACT

Included in this package is a sample of the standard "Professional Design Services Contract", used by the City.

Prospective consultants are requested to review this document and comment on any areas of objections in their technical proposals.

INSURANCE REQUIREMENTS

Attached to the sample "Professional Design Services Contract" is a copy of the City's current insurance requirements.

If prospective consultants do not have insurance coverage in any of the identified areas, the reason for lack of coverage should be clearly stated in the technical proposal. The City may consider granting a waiver if the amount of coverage in any of the identified areas does not meet the City's required minimums.

INDEPENDENT CONTRACTOR AFFIDAVIT

The successful consultant is required to sign and notarize an affidavit stating that they are an independent contractor. A sample affidavit is attached for your review. THE INDEPENDENT CONTRACTOR IS NOT

ENTITLED TO WORKERS' COMPENSATION BENEFITS. AN INDEPENDENT CONTRACTOR IS

OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONIES EARNED PURSUANT TO

THE CONTRACT RELATIONSHIP. ADDITIONALLY, IT IS UNDERSTOOD THAT THE INDEPENDENT

CONTRACTOR IS NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS

UNEMPLOYMENT COMPENSATION COVERAGE IS PROVIDED BY THE INDEPENDENT CONTRACTOR

OR SOME ENTITY OTHER THAN THE CITY OF AURORA, COLORADO.

CONFIDENTIALITY

Proposals submitted to the City for consideration shall be subject to the Colorado Open Records Law, Section 24-72-201, et seq., C.R.S. Any confidential information in the Proposer’s proposal shall be identified as such. If any information is considered to be confidential, the Proposer shall agree to indemnify the City of Aurora for any and all attorney fees that the City may incur in defending the withholding of such information by signing and returning the letter found at Attachment -1 of this RFP. Should the City receive a request for the release of any information in the Proposer’s proposal in accordance with the open records law, the City will release only that information which has not been identified as confidential so long as Attachment - 1 has been signed and returned by the Proposer along with their proposal. Should the Proposer choose not to sign and return Attachment - 1, all information in the Proposer’s proposal shall be considered releasable by the City. Proposers will not be notified of any open records requests prior to the release of such information. If, in the opinion of City’s legal counsel, the City is nonetheless compelled to disclose any portion of such information to anyone or else stand liable for contempt or suffer censure or penalty, the City may disclose such information without liability.

SUBLETTING OF CONTRACT

The Consulting Firm will agree not to assign or sublet the whole or any part of the contract without the prior written consent of the City.

CHANGES IN SCOPE OF SERVICES

The Project Manager will agree that any change of scope in the work to be performed after the original contract has been signed shall be documented as a written change order, be accepted by all parties, and made a part of the original contract by addendum.

SMALL BUSINESS ENTERPRISE (SBE) PROGRAM FOR CONTRACTS OVER $250,000.00

This Request for Proposal is subject to the new Small Business Enterprise (SBE) Program approved by City Council on Oct. 15, 2007. The intent is to recognize the role and importance of small businesses in our country’s and City’s continued success. For Aurora to acknowledge this category of businesses involved with providing professional and regular services it has been determined that certain actions are necessary to support this program.

Objectives of the SBE Program The City of Aurora’s Small Business Enterprise (SBE) Program demonstrates the City’s commitment to the SBE community by promoting economic growth within the local business community and providing a development program to assist SBEs regardless of gender, age, race or ethnicity.

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

As part of the SBE Program, contracts over $250,000 awarded to large businesses by the City’s Office of Purchasing Service shall require that the large business use a good faith effort to award no less than 10% of their subcontracting dollars to SBEs, if they plan to subcontract any portion of the work. This Program does not apply to large businesses that will perform 100% of the contract work with their own workforce without using any sub-consultants and or to the top ranked successful firm that has self certified themselves as a small business enterprises.

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

Good Faith Effort If the objective specified herein has not been met, it shall be the responsibility of the large business top ranked consultant to demonstrate its good faith efforts in attempting to meet the objective. The large business top ranked consultant, if it has not met the specified objective, must provide a completed Good Faith Effort Questionnaire in support of its good faith effort to meet the objective for evaluation and approval by the City.

SBE Program Documents In order to demonstrate compliance with the City’s SBE Program, the top ranked consultant must complete the initial “Request for Business Status” form (refer to Attachment-2 of this RFP). If the top ranked consultant has self certified as a large business, then that consultant must sign and submit the forms entitled Statement of Intent to Use Small Business Enterprises (SBEs) (Attachment

3) and Individual Letter of Intent for Each Small Business Enterprise (Attachment 4). In addition, if the SBE objective has not been met, the large business top ranked consultant will be required to submit the Good Faith Effort Questionnaire (Attachment 5) as provided for herein under "Good Faith Effort." All forms shall be submitted along with the top ranked consultant’s price proposal.

Evaluation Criteria for a Good Faith Effort The adequacy of the large business top ranked consultant’s good faith effort will be evaluated based upon the following criteria:

1. The consultant’s outreach efforts, including:

Advertising in trade association publications and other publications;

Mailings to SBEs;

Contacts with SBE contractor organizations;

Phone contacts with SBEs; and Other activities identified by the consultant.

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

3. Efforts to negotiate with SBEs to obtain them as subcontractors or suppliers;

4. Efforts to provide SBEs a full and fair opportunity to provide a proposal, including the opportunity to review the scope of services and to have the time to prepare proposals and negotiate; and

5. The reasons why the consultant was unsuccessful in its efforts to obtain SBEs as subcontractors, suppliers or joint venture partners.

If the City determines that the large business top ranked consultant failed to make a good faith effort, the proposal will be deemed non-responsive and will be rejected.

PROPOSAL ACKNOWLEDGEMENT SIGNATURE PAGE

In submitting this proposal, it is understood that the right is reserved by the City of Aurora to reject any and all proposals, and to waive any informalities in submitted proposals.

The undersigned further states that this proposal is made in good faith and is not founded on, or in consequence of, any collusion, agreement or understanding between oneself or any other interested party.

OFFICIAL ADDRESS:

(FIRM NAME)

(TYPE OR PRINT PRINCIPAL’S NAME)

(SIGNATURE OF PRINCIPAL)

STATE OF INCORPORATION:

(TITLE)

PHONE:

(DATE)

(PHONE)

(EMAIL)

NOTE:

IF REMITTANCE ADDRESS IS OTHER THAN THAT STATED ABOVE, PLEASE FURNISH THE

REMITTANCE ADDRESS:

Attachment - 1

City of Aurora

Purchasing Services, Suite 4400 15151 E. Alameda Parkway Aurora, Colorado 80012 Phone: 303-739-7100 Fax: 303-739-7509 www.auroragov.org

Re: Request under the Colorado Open Records Act

Request for Proposal Number R-2474

Proposals submitted by Proposers in response to the City of Aurora’s Request for Proposal R-2474 are subject to the Colorado Open Records Act. Should the City receive a request for the release of any information in the Proposers proposal in accordance with the open records law, the City will review the Proposers proposal, giving consideration to the portions that the Proposer indicated contained trade secrets, privileged information, or confidential commercial, financial, geological, or geophysical data, and may release only that information which has not been identified as confidential and/or proprietary in your proposal pursuant to C.R.S. 24-72-201.

By having an authorized officer of the company sign below, Proposer agrees to indemnify the City of Aurora for any and all attorney fees that the City may incur in defending the withholding of such information.

PROPOSER

By:

Signature

Name (Type or Print)

Title

Date

Attachment - 2

REQUEST FOR BUSINESS STATUS

Please provide the information requested below.

The North American Industry Classification System (NAICS) code for this award is 541330.

The small business size standard the City of Aurora designates for this award is $12.75 Million U.S. dollars Employees

Identify the business size status of your firm based on the above small business size standard:

Large Business

Small Business Enterprise

Please identify if your firm is in one of the following categories

Minority-owned vendor

Woman-owned vendor

Minority/woman-owned vendor

Veteran

Disabled Veteran

Other

From what source did you learn about his solicitation to which you are now responding?

Website;

Newspaper (please name the paper);

Fax;

Automatic notice by E-mail;

Telephone call from buyer;

Other (please describe):

Attachment - 3

STATEMENT OF INTENT TO USE SMALL BUSINESS ENTERPRISES (SBE)

The large business top ranked firm shall complete this form for the involvement of SBEs on this project and shall submit this form with their priced proposal.

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

NOTED ABOVE, THE TOP RANKED FIRM’S PROPOSAL WILL BE REJECTED.

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

1. Name: ____________________________________

Type of Work: _________________________________________________________________

Amount of Contract:

2. Name: ____________________________________

3. Name: ____________________________________

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

CITY.

Total SBE Program Participation Achieved: %

Firm:

(Company Name) By:

(Signature of Firm’s Authorized Representative) Name:

(Type or Print) Title:

Date:

Attachment - 4

INDIVIDUAL LETTER OF INTENT FOR EACH SMALL BUSINESS ENTERPRISE

The large business apparent top ranked firm shall complete this form for the involvement of SBEs on this project and shall submit this form with their priced proposal.

FIRM INFORMATION:

Name:

Address:

Telephone:

SBE INFORMATION:

Name:

Address:

Telephone:

Type of Firm: Subcontractor Supplier

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

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

Description of work to be performed:

Estimated start date: Total value of estimated work:

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

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

BE THE SUCCESSFUL TOP RANKED FIRM, THIS LETTER OF INTENT SHALL BE NULL

AND VOID.

Firm: SBE Firm:

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

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

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

Date: Date:

Attachment - 5

GOOD FAITH EFFORT QUESTIONNAIRE

The large business apparent top ranked firm who has failed to meet the SBE objective is required to complete and submit this form, along with supporting documentation with their priced proposal.

Please use an additional sheet when space is inadequate.

Project SBE Objective: 10% CONTRACTOR SBE PARTICIPATION: %

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

If yes, were the advertisements specific or general ?

In what publication(s) did your ad appear?

Please provide a copy of your advertisements.

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

Please provide a copy of your advertisements.

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

Item Percent of Total Subcontract Dollars

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

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

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

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

GOOD FAITH EFFORT QUESTIONNAIRE (CONTINUED)

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

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

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

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

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

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

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

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

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

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

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

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

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

SBE program? Yes No

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

If yes, please identify those projects.

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

AGREEMENT

for

PROFESSIONAL DESIGN SERVICES

DESIGN SERVICES AGREEMENT

CITY OF AURORA

AURORA, COLORADO

TITLE: ________________________

FILE: ________________________

P.O. NO.: ________________________

(Version PDSA 10 2024)

TABLE OF CONTENTS

Section

Recitals Section I – Scope of Work Section II – Project Management Section III - Designer’s Responsibilities Section IV - Schedule Section V- Compensation Section VI - Examination of Records Section VII - Personnel Assignments - Key Personnel Section VIII - Ownership of Documents Section IX - Taxes and Licenses Section X - Assignment and Subcontracting Section XI - The City’s Responsibilities Section XII - Mutual Obligations of the City and Designer Section XIII - Charter, Laws and Ordinances Section XIV - Status of Designer/Independent Contractor Section XV - Termination of Agreement Section XVI - Amendments and Extensions Section XVII – Dispute Resolution Section XVIII – Equal Employment Opportunity Section XIX – Special Conditions Section XX – Insurance Requirements Section XXI - Indemnification Section XXII – Miscellaneous

Attachment 1: Scope of Work Attachment 2: Milestone Schedule Attachment 3: Compensation Attachment 4: Insurance Coverage

AGREEMENT

THIS AGREEMENT, with an effective date of the day of 20 , is made and entered into between the CITY OF AURORA, COLORADO, acting by and through the Aurora Utility Enterprise (also known as Aurora Water Enterprise) (hereinafter called the “City”), and , a corporation with a principal place of business at , (hereinafter called the “Designer”). (City and Designer may be collectively referred to herein as “Parties”, or individually as “Party”.)

Recitals

WHEREAS, the City desires to obtain professional design services for a City project (“Project”) as hereinafter provided; and

WHEREAS, the Designer represents that its project team includes engineers and/or architects licensed by the State of Colorado or by another State, Federal, or governmental entity recognized by the State of Colorado, and that Designer is experienced and qualified to perform professional design services for the City of Aurora, including the planning, designing, drafting and preparation of construction documents for the Project specified in this Agreement, as well as the bidding of the Project specified in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual covenants and obligations set forth herein, the Parties mutually agree as follows:

Section I – Scope of Work

A. Designer agrees to provide professional design services for the Project as stated in the Scope of Work specified in Attachment 1, attached hereto and incorporated into this Agreement. The order of precedence of the Agreement documents shall be:

1. Agreement

2. Scope of Work, Attachment 1

3. Schedule, Attachment 2

4. Compensation, Attachment 3

5. Insurance Coverage, Attachment 4

The above documents may be superseded supplemented and amended through the amendment process as codified in Section 2-676 of the City Code and by applicable amendments approved by the Parties as required by City.” It is the intent of the Parties that any Amendment and the Contract be read together as being consistent with one another. To the extent there is any inconsistency between the terms of an Amendment and the Contract, the provisions of the Contract shall be given precedence.

B. Nothing in this Agreement shall be construed as placing any obligation on the

City to proceed with tasks beyond those which have been identified in Attachment 1.

Section II – Project Management

A. ("Project Manager") is the City’s Project Manager. The Project

Manager is responsible for authorizing and approving all work performed under this Agreement. All work to be performed by Designer shall be authorized in writing by the Project Manager as provided by this Agreement. All communications related to the Project shall be with the Project Manager or written authorized designee. The Project Manager is authorized to make decisions on behalf of the City related to the design of the Project. The Project Manager shall be responsible for the day-to-day administration, coordination and approval of work performed by Designer.

B. (“Designer Representative”) is Designer’s representative for the

Project. Designer Representative shall have sufficient authority to represent and bind Designer in those instances when such authority is necessary to carry out Designer’s responsibilities and obligations under the terms of this Agreement.

Section III – Designer’s Representations

A. Designer hereby represents to the City that Designer is financially solvent and possesses sufficient experience, licenses (including required state licenses), authority, personnel and working capital to complete the services as required herein.

B. The design services contemplated by this Agreement shall be diligently performed by Designer’s regular professional and technical staff. In the event Designer does not have as part of its regular staff certain professional consultants, then such consulting services shall be performed, with the City approval, by practicing professional sub-consultants outside of Designer’s regular employment.

C. Prior to designating an outside professional to…