RFP 202578283 DEN Third Party Materials Manager 4325-1.pdf

Request for Proposal Letter

REQUEST FOR PROPOSALS

DEN THIRD PARTY MATERIALS MANAGER SERVICES

RFP No. 202578283

April 3, 2025

RFP NO. 202578283 DEN THIRD PARTY MATERIALS MANAGER April 3, 2025

REQUEST FOR PROPOSALS (RFP)

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

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

Request for Proposals # 202578283-00

PROPOSALS MUST BE RECEIVED BY: Thursday, May 8, 2025 Denver Local Time at 2:00 PM as noted below.

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

Schedule of Activities:

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

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

Event Date RFP Advertisement April 3, 2025 Optional Pre-Proposal Conference April 10, 2025 at 9:00 AM Denver Local Time Last Date to Submit Written Questions April 17, 2025 by 2:00 PM Denver Local Time Proposal Due Date May 8, 2025 by 2:00 PM Denver Local Time

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

Optional Preproposal Conference Link

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

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

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

mailto:contract.procurement@flydenver.com https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzljZDg0OWQtMWNmYy00MmU0LTlhNWItZDM1YmQ3OWRlNzE4%40thread.v2/0?context=%7b%22Tid%22%3a%2279c62162-b85e-4b0e-a863-ebe7817ad70d%22%2c%22Oid%22%3a%2249226d1f-d9ba-428a-b52c-fafbcdcccc6c%22%7d

RFP NO. 202578283 DEN THIRD PARTY MATERIALS MANAGER April 3, 2025 https://www.bidnetdirect.com/colorado/cityandcountyofdenverdepartmentofaviation

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

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

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

EBS FAQs:

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

Minority and Women-Owned Business Enterprise Participation Pursuant to Article V of Chapter 28 of the Denver Revised Municipal Code (D.R.M.C.) the Division of Small Business Opportunity (DSBO) has established the following participation requirement for this project:

7% Minority and Women-Owned Business Enterprise (MWBE)

The requirement must be met with certified firms, § 28-127 D.R.M.C., or through the demonstration of a sufficient good faith effort. § 28-128 D.R.M.C. and additional requirements pursuant to the D.R.M.C.

General Statement of Work This request is for a competitive Request for Proposal (RFP) between a qualified vendor and Denver International Airport (DEN). DEN owns and maintains two material recycling yards (Recycle Yards, or Yards), primarily stockpiling processed and unprocessed recycled asphalt and concrete products. DEN has operated and maintained the Recycle Yards since 2017, after approximately five years of operation under a third party on DEN’s behalf. DEN has identified the potential need to return the Recycle Yards to third party operations by an approved vendor and is evaluating potential models of operation to provide an effective return on investment to its stakeholders. The bidder is requested to enter into an operating agreement (Agreement) to upgrade, improve, operate, and maintain the North and South Recycle Yards for a minimum of ten (10) years as part of the Agreement.

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

Proposal Submittal Requirements

RFP NO. 202578283 DEN THIRD PARTY MATERIALS MANAGER April 3, 2025

PROPOSAL SUBMITTAL REQUIREMENTS

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

□ Proposal Narrative:

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

□ Sample Agreement:

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

Agreement as outlined in Section III-2

□ Proposal Forms - all complete and signed

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

• Proposal Data Form

• Disclosure of Legal & Administrative Proceedings & Financial Conditions

□ DSBO Forms

• Commitment to MWBE Participation

• DSBO Program Requirements Handbook - Signature Statement

• MWBE Utilization Plan Form

□ Diversity Survey

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

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

• Exhibit B – Schedule of Prices

Table of Contents

RFP NO. 202578283 DEN THIRD PARTY MATERIALS MANAGER April 3, 2025

REQUEST FOR PROPOSAL

202578283

DEN THIRD PARTY MATERIALS MANAGER SERVICES

REQUEST FOR PROPOSALS (RFP)

PROPOSAL SUBMITTAL REQUIREMENTS

I. CITY, AIRPORT AND PROJECT OVERVIEW

II. SCOPE OF WORK

III. ADMINISTRATION INFORMATION

III-1 Issuing Office

III-2 Introduction and Acceptance of RFP Terms

III-3 Means of Communication

III-4 Interpretation of Proposal Documents

III-5 Addenda

III-6 DEN Website

III-7 Withdrawal of Proposal

III-8 Rights of DEN

III-9 Confidentiality of Records

III-10 Proposer Agreements

III-11 Minority and Women-Owned Business Enterprise (MWBE) Participation

III-12 Certification of Independent Price and Work Determination

III-13 Designation of Subcontractors

III-14 Payment

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

III-16 Insurance Requirements

III-17 Governmental Immunity

III-18 Security

III-19 Airport Identification (ID) Badge Requirements

III-20 Background Checks

III-21 Vehicles in the Secured Area

III-22 Violations

III-23 Diversity and Inclusivity in City Solicitations

III-24 Wage Ordinances

III-25 Conflicts of Interest

Table of Contents

RFP NO. 202578283 DEN THIRD PARTY MATERIALS MANAGER April 3, 2025

III-26 Collective Bargaining Agreement

III-27 Title VI Solicitation Notice

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

IV. PREPARATION OF PROPOSAL

IV-1 Preparation of Proposal - Proposal Forms

IV-2 Preparation of Proposal - Proposal Narrative

IV-3 Proposal Narrative Contents

V. EVALUATION OF PROPOSALS

V-1 Evaluation of Proposals

V-2 Past Performance

V-3 Shortlisting and Interviews (If Necessary)

V-4 Best and Final Offers

V-5 Evaluation Criteria

VI. ATTACHMENT 1, PROPOSAL FORMS

Attachment 1, Part 1 Proposal Acknowledgement Letter

Attachment 1, Part 2 Proposal Data Form

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

Attachment 1, Part 4 DSBO Forms

Attachment 1, Part 5 Exhibit B

VII. ATTACHMENT 2, INSURANCE REQUIREMENTS

VIII. ATTACHMENT 3, DIVERSITY AND INCLUSIVENESS IN CITY SOLICITATIONS

IX. ATTACHMENT 4, SAMPLE AGREEMENT

City, Airport and Project Overview

RFP NO. 202578283 DEN THIRD PARTY MATERIALS MANAGER April 3, 2025

I. CITY, AIRPORT AND PROJECT OVERVIEW

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

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

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

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

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

In accordance with procedures described herein, you are hereby invited to submit a proposal for the subject project, which is described in the Scope of Work incorporated herein. The work under this

RFP NO. 202578283 DEN THIRD PARTY MATERIALS MANAGER April 3, 2025

Contract is anticipated to start on or about October 1, 2025, and has a scheduled duration of at least Ten

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

PROJECT OVERVIEW

BACKGROUND

Since opening on Feb. 28, 1995, Denver International Airport (DEN) has become one of the world’s busiest airports. In 2022, 69.3 million passengers passed through DEN, making DEN the world’s third-busiest airport during the global pandemic. In 2024, DEN welcomed a record-breaking 82.4 million passengers, a

5.8 percent increase over the previous year. DEN is Colorado’s primary economic engine, generating $36.4 billion in annual economic impact for the state. DEN’s Vision 100 is focused on preparing the airport to serve 100 million annual passengers as soon as 2027, and Operation 2045 lays the foundation for needed infrastructure work that will Prepare DEN to successfully reach its half-century mark.

PROJECT DESCRIPTION

DEN owns and maintains two material recycling yards (Recycle Yards, or Yards), primarily stockpiling processed and unprocessed recycled asphalt and concrete products. DEN has operated and maintained the Recycle Yards since 2017, after approximately five years of operation under a third party on DEN’s behalf. DEN has identified the desire to return the Recycle Yards to third party operations by an approved vendor and is evaluating potential models of operation to provide an effective return on investment to a prospective partner, DEN and its stakeholders.

The North Yard began operations near the southeast corner of Newbern Street and Trussville Street in the late 1990’s, expanding east towards Queensburg Street in the early 2000’s. The South Yard started operations in 1999 expanding west towards Jackson Gap in 2008. Both yards were primarily for storage of DEN produced recycled asphalt and concrete materials with light-duty processing and crushing of the materials. Recycled Materials Company, Inc. (RMCI) under contract with DEN, operated both facilities between 2012 and 2017. Truck scales and associated scale house structures were installed by RMCI in 2012 and are present today in fair to poor condition.

The proposed bidder is requested to enter into an operating agreement (Agreement) to upgrade, improve, operate, and maintain the North and South Recycle Yards for a minimum of ten (10) years as part of the Agreement.

The overall goal of the project is to conduct a public procurement for a Materials Manager Team (MMT) who will execute an Operating Agreement to transition the poorly maintained recycled yard sites into an operation DEN can be proud of and potentially as a new source of revenue.

RFP NO. 202578283 DEN THIRD PARTY MATERIALS MANAGER April 3, 2025

The locations of the North and South Yards (shown in blue) are presented below and shown in Figure 1:

• North Concrete and Asphalt Recycling Yard (North Yard)

26376 E 109th Ave Denver CO 80249 CDPS General Permit

COR901342

• South Concrete and Asphalt Recycling Yard (South Yard)

7230 Jackson Gap St Denver CO 80249

CDPS General Permit

Figure 1. DEN North and South Yard Locations

RFP NO. 202578283 DEN THIRD PARTY MATERIALS MANAGER April 3, 2025

• The North and South Yards consist of approximately 29 and 38 acres of yard space, respectively, with limited signage, security, and operational protocol.

• A visual estimate of the stockpiles of both the North and South Yards indicates an approximate volume (approximately 650,000 tons in the North Yard and 900,000 tons in the South Yard) of both processed and unprocessed concrete and asphalt (as of January 2024). The quality of the materials ranges from processed for use to mixed materials to unusable material (i.e., ‘muck’) suitable for landfill. A field evaluation conducted in October 2024 estimated approximately 60 percent of the existing materials could be processed and utilized for recycled materials. The remaining 40 percent would likely be disposed or evaluated for additional processing.

• Typical materials utilized for recycled materials include but are not limited to the following:

o CDOT Class 5 and 6 recycled concrete base o CDOT Class 5 and 6 recycled asphalt base o CDOT Class 5 and 6 recycled comingled base o CDOT Class 1 structural fill o Concrete dry screened aggregate – 2-in x ¾-in and 4-in x 2-in o ASTM #57/67 concrete dry screened aggregate o DEN/DIA stone (6 and 12-in) o Crusher fines – 3/8-in

• The recycling of concrete and asphalt is a high-volume, low-unit-per value industry which means that a small variation in operations economics can have a significant impact on an operation’s feasibility. The proximity of the North and South Yards to the material sources and future projects is key to project financials, longevity, and viability.

• Transportation costs are an extremely important consideration. The South Yard is near significant planned development south of DEN. While Commerce City is also seeing significant planned development near E- 470, these developments are also in closer proximity to other recycled aggregate sources. The North Yard currently appears to have a more active processing operation associated with the DEN airside projects since it’s directly adjacent to an airside gate.

• Pinpointing immediate future demand is potentially challenging because aggregate recycling, while likely to grow, is not mandated. CDOT uses approximately 20 percent of recycled materials in its projects.

Because of price and potential decreased availability of new aggregate, it is assumed that private projects will increasingly incorporate some percentage of recycled materials. This increase will likely occur in all uses of concrete, particularly roadway, sidewalk, and other flat work. Recycled material use, including concrete aggregate in structural concrete, is increasingly utilized. Recycled Asphalt Pavement, or RAP, is the most recycled product in the world, and typically can be completely recycled and utilized in new mixtures (up to 30 percent) for all uses.

• A business model was developed in October 2024 to assume a third-party MMT. The model incorporates an estimate of the capital improvements needed and projects operational costs and revenues. The model anticipates operations commencing at 200,000 tons annually, ramping up to 500,000 tons. For initial operations, the model anticipates the MMT installing yard improvements including infrastructure for permanent yard operations. The model assumes an initial lease revenue paid to DEN of 5 percent of gross revenues received once 250,000 tons of new materials are processed annually. The yards would be

RFP NO. 202578283 DEN THIRD PARTY MATERIALS MANAGER April 3, 2025 anticipated to achieve a break-even point at approximately seven years and over a ten-year period, achieving an Internal Rate of Return (IRR) of 25% to 40%. The details of this model will not be shared with prospective bidders.

• Existing volumes at both the North and South Yards pose a challenge as the quality and age of the materials are unknown. No quality controls have currently been provided during the input stage.

Process and gradation controls can be implemented by a third-party MMT to screen aggregates for use as a CDOT Class 6 base and recycled concrete aggregates.

Continuation of the current Recycled Yard Program is not financially, operationally, or environmentally sustainable. DEN’s current Recycle Yards and the material contained within are haphazardly stored, inappropriately accessed, and operated or overseen by multiple contractors and DEN personnel leading to reduced controls and unsightliness. Selection of a singular third-party MMT could allow for greater authority, possibly improved product availability and revenue generation. The purpose of this initiative is to select an MMT with extensive experience and regulatory knowledge, with the ability to wholly meet the DEN program objectives and Scope of Work detailed below. Interested Proposers shall have industry and market expertise, experience with complex recycling projects, and regulatory knowledge including managing potentially contaminated materials, environmental aspects, and flexible cost structuring.

DEN’S PROJECT OBJECTIVES

DEN has identified several project objectives for this third-party operation:

• Operate in compliance with local, state and federal regulations and permit requirements

• Manage material inventory - improved Recycle Yard performance, greater oversight, better land use

• Prioritize DEN’s internal needs

• Control material costs to DEN – Lower operating and product costs

• Maximize waste diversion

• Optimize land use

• Monetization of waste materials

• Develop Key Performance Measures o Observing organized and compliant recycled yards o Meeting DEN’s material management needs (volume, timing and cost) o Realizing positive net income in approximately five (5) years

Scope of Work

RFP NO. 202578283 DEN THIRD PARTY MATERIALS MANAGER April 3, 2025

II. SCOPE OF WORK

INTRODUCTION

STATEMENT OF PURPOSE

The City and County of Denver (Sponsor, “CCD”), owner and operator of Denver International Airport (DEN), is soliciting proposals from qualified firms to provide materials management services. The selected Materials Manager Team (MMT) will serve as an integral part of DEN’s project readiness and delivery team for projects contained within the planned 10-year DEN Capital Improvement Program.

The competitive selection process provided for under this RFP will focus on the qualifications and prior history of performance on similar projects of each qualified firm and their approach to the improvement, management and operations of DEN’s Recycled Yards, in accordance with the selection criteria set forth in this RFP. Proposers are asked to provide a thoughtful, thorough submission that details their response.

Past successful teaming experiences on programs with similar scopes of work should be covered.

Proposers should also demonstrate the abilities of their assigned experienced personnel at all levels as needed to ensure workforce capability, strategic planning and collaboration. Include areas of expertise and relevant certifications.

For this opportunity, DEN will enter a contract with one (1) qualified respondent to provide Third Party Materials Management of the North and South Recycle Yards. The contracted MMT will report to DEN’s designated Project Manager, pursuant to the Agreement, and work closely with various DEN staff to deliver on the program requirements. The DEN Design, Engineering and Construction (DEC) division will hold the final authority over the program's performance, including supporting project and financial decisions. The MMT's assignments will be determined by DEN, in consultation with sponsoring divisions and stakeholders.

All work performed under the ultimately issued Agreement will be reviewed by DEN on a periodic basis, which may be in the form of an annual work plan. DEN in close coordination with the selected MMT will periodically prepare a detailed description of the scope of required services, including specific deliverables, along with the expected time of completion for each specific task and/or deliverable. Any required recycled yard improvement work under the Agreement will begin only after it has been approved and NTP has been formally issued by DEN.

REQUEST FOR PROPOSALS

The targeted respondents to this solicitation are firms with substantial, direct, and relevant Materials Management Services experience along with aviation and environmental industry experience. The proposed project staff must have knowledge of the specialized practices and limitations associated with materials management and be well versed in the State of Colorado regulatory environment surrounding the operations of a recycled materials yard. The selected MMT and its core team must provide and maintain a compliant, cost-effective, and timely operation in executing the general scope of services defined below. The MMT will be selected based on criteria outlined in the Selection Criteria section of this

RFP.

RFP NO. 202578283 DEN THIRD PARTY MATERIALS MANAGER April 3, 2025

GENERAL SCOPE OF WORK

This list of services is not intended to be all inclusive for the work to be performed but rather has been prepared so that responses will be written using a common base. Following the contract award, scope of services will be further defined through a negotiation with the successful respondent.

The MMT agrees to diligently and professionally provide services as more specifically described in the Operating Agreement and all appendices thereto. The MMT shall perform all the services and produce all the deliverables set out in the Scope of Work (“SOW”), after agreement commencement. The MMT will furnish all of the technical, administrative, professional, and other labor; all supplies and materials;

crushing, processing, screening and other related equipment; printing; vehicles, local travel, office space, perimeter controls, safety and signage, scales and weigh stations, testing and analysis, calculations, and any other facilities or resources required to perform and complete the work which is assigned under the resulting Agreement (the “Work”).

Access: MMT, its agents and its employees are granted a non-exclusive right of ingress to and egress from the Recycle Yards, by means of a reasonable access located outside the boundaries of the Recycle Yards as will be specified from time to time by DEN. DEN may at any time close, relocate, reconstruct or modify such means of access, provided that a reasonably convenient and adequate means of ingress and egress is made available for the same purposes. Typical operating hours for the Recycle Yards will be Monday to Saturday, 7:00am to 5:30pm, or at the MMT’s discretion as approved by DEN. Typical operating hours may be adjusted during peak construction season, if needed, to accommodate active projects. A minimum 24 hours’ notice from a contractor/customer is typically required if access to either of the recycle yards is requested outside of the typical operating hours.

Recycle Yard Locations: MMT shall perform the SOW at the locations depicted in Figure 1 above (the “Recycle Yards”). Only activities related to the SOW and other DEN-approved material handling operations may be performed at the Recycle Yards. The parties agree and understand that the Operating Agreement includes the right to access, occupy, manage, operate, control, and maintain the Recycle Yards in accordance with the Operating Agreement and the SOW. The relocation of the North Yard is considered part of the required SOW. DEN has currently designated a new North Yard location approximately 1. 5 miles north of the current facility.

Further Recycled Yards Relocation: If the CEO determines that the area on which the Recycle Yards are located is required for airport operations and/or development purposes, the CEO shall have the right to require relocation of the Recycle Yards and shall provide a one (1) year prior written notice to MMT of such relocation. If relocation of any of the Recycling Yards is required, MMT may (i) elect to terminate the Agreement and shall be compensated for any such termination costs in accordance with Section 23 of this Agreement, as if the termination is a termination without cause, or (ii) elect to be relocated.

Recycled Yard Locations Clean-up: MMT shall systematically, regardless of market need, begin the definition, segregation and processing of materials located within the North and South Recycle Yards. It is DEN’s expectation the MMT shall process, to the largest extent possible, all materials as it produces commercially viable product and begins to implement the Infrastructure Improvements identified below.

Following its classification work, when the MMT identifies non-commercially viable material, DEN has designated two on-airport locations for the MMT to haul non-commercially viable materials to. See the “Proposed North and South Soil Storage” locations on Figure 1. The MMT will be responsible for all costs required for the cleanup of the Recycled Yards. To be clear, this includes the cleanup of the materials contained within the existing North Yard location.

RFP NO. 202578283 DEN THIRD PARTY MATERIALS MANAGER April 3, 2025

Infrastructure Improvements: The MMT will be responsible for all capital and maintenance costs required for processing improvements of the South Yard, and relocation and improvements for the proposed new location of the North Yard. Improvements shall be funded and implemented by the MMT at both yards and include the following (but not limited to):

1. Create new or repaired perimeter fencing and security gates, including dust and wind barriers.

Gates shall be electronic and automatically controlled.

2. Installation of permanent electrical and water utilities.

3. Regrade perimeter easements to improve drainage and runoff.

4. Installation and continued maintenance of permanent erosion control best management practices (BMP’s).

5. Installation of security systems for continuous monitoring.

6. Installation of ingress/egress delineations, improved drives/roads, lighting and ANSI/OSHA regulated signage.

7. Establish delineated areas for dumping, staging, processing, stockpiling, and staff offices/testing facilities. Areas shall be established to maximize safety and quality, with improved and efficient workflow.

8. MMT shall install and maintain an equipment portfolio capable of processing up to one million tons of recycled products per year. Sufficient labor and backup equipment shall be available when needed or at peak demand. Equipment shall include at a minimum:

a. Jaw and impact crushers, including controls

b. Stackers and conveyors with belt scales

c. Mass excavators with appropriate specialized attachments

d. Wheel loaders

e. Track skidsteers

f. Water trucks and associated misting equipment

g. Refuse equipment including rolloffs

h. Onsite testing/quality laboratory, sufficient for identifying the presence of ASR and PFAS contaminated materials.

Encouragement of Recycling and Use of Recycled Materials: DEN shall use best efforts to encourage all asphalt and concrete rubble and debris generated at the Airport (“Airport Materials”) to be delivered to the Recycle Yards for processing by MMT, and DEN shall make good faith efforts to include information about the Recycle Yards in all requests for proposal and bid specifications issued for design or construction on the Airport and encourage the use of recycled products produced at the Recycle Yards from Airport Materials.

Additionally, the MMT may accept processed or partially processed asphalt and concrete materials from projects outside of DEN, including from neighboring agencies for both public and private projects. The MMT is responsible for the quality, processing, testing, stockpiling, and distribution of the outside materials for use on DEN or outside DEN projects. The MMT is responsible for prioritizing DEN project demands before other outside projects.

Notwithstanding the foregoing, DEN reserves the right to allow others to perform limited rubble and debris recycling services for specific projects at the Airport.

Materials Planning: To accommodate fluctuations in DEN material requirements and to avoid excess accumulation of Airport Materials, the SOW permits the MMT to accept material and sell recycled aggregates from projects outside of DEN, including from neighboring agencies for both public and private

RFP NO. 202578283 DEN THIRD PARTY MATERIALS MANAGER April 3, 2025 projects. Accordingly, for MMT’s planning and management purposes, DEN will provide the MMT with quarterly projections for incoming Airport Materials, and for expected DEN purchases of recycled aggregate for Airport projects.

The Recycle Yards will be used as a staging area for the purpose of sizing and crushing asphalt and concrete removed from DEN airside and landside, and outside DEN construction projects.

A Performance Quality Assurance (QA) Inspection Program shall be developed by the MMT and provide a qualified QA Inspector(s) to monitor and document all activities occurring within the recycle yards, and all site inspections as required by the Permit and the site-specific Stormwater Management Plan (SWMP).

The QA Inspector(s) qualifications shall include working knowledge and experience in construction, familiarity and knowledge of recycled yard operations, and shall have successfully completed the Transportation Erosion Control Supervisory Certificate Training (TECS) as provided by the Colorado Department of Transportation (CDOT).

The QA Inspector will record daily updates, including the Quality Assurance Daily Report, utilizing Autodesk BIM 360 Field.

The MMT will be responsible for keeping the recycle yards secure. Gates shall be locked at the end of the day. If night operations are required, Inspectors shall be available and knowledgeable as to the operations that are permitted each night. Project Inspectors shall be responsible for the actions identified in the MMT’s Standard Operating Procedures (SOP), including tracking the materials coming both into and out of each recycle yard, and report these activities to the QA Inspector each morning.

A primary and secondary contact for the management of both recycle yards, including during project planning, and day-to-day shall be maintained throughout the duration of the project and approved by

DEN.

The MMT shall develop SOP’s that govern the access, use and required coordination necessary to operate the yards in compliance with the Agreement. The SOPs should include specifications of DEN Project Manager roles in the communication and coordination of DEN construction projects effects on the Recycled Yards.

DEN Project Managers shall ensure the appropriate specification is included in the Contract documents outlining the requirements and operations for the Contractor’s performance regarding the DEN recycle yards. The DEN Project Manager will also be responsible for making initial contact, and providing adequate information to the QA Inspector throughout the project to ensure their project is accurately accounted for. During initial contact in the Design Phase of a construction project, the DEN Project Manager will also provide the anticipated quantity of material that will be brought into the recycle yards for planning purposes.

Based on the information received from all DEN Project Managers utilizing the recycle yards, the MMT shall maintain an updated log of active construction projects, for reference, and to ensure material coming into the recycle yards, and material leaving the recycle yards, are associated with an approved DEN construction project and Contractor.

PROFESSIONAL STAFF EXPERTISE

The MMT will develop and propose a list of key personnel by title and individual to provide the highest level of expertise. Professional staff with program support services experience such as quality assurance, project management, development tracking and management of project scopes, program planning and master scheduling, budget development, program phasing, inventory logistical support, schedule and cost

RFP NO. 202578283 DEN THIRD PARTY MATERIALS MANAGER April 3, 2025 reporting and DEN tenant work coordination. Any changes in such personnel from those proposed will be subject to review and approval by DEN.

PRICING SCHEDULES TO DEN, DEN TENANTS AND COMMERCIAL CUSTOMERS

MMT is free to propose the acceptance, processing and sale of materials from customers and projects that are not located at DEN. Outside material sales and handling is permitted.

Payment for services provided by the MMT for processing existing inventory and all incoming materials, will be included in the material rates paid by DEN, DEN tenant projects and outside DEN commercial customers using the Recycle Yards for materials on hand or processed materials.

DEN intends for the MMT to charge operational fees and materials pricing that includes MMT’s overhead, improvement, clean up and operating costs. DEN does not anticipate paying the MMT directly for costs associated with the cleanup and improvements of the Recycled Yards. MMT should propose pricing in Exhibit E- Scheduled of Prices that includes these estimated costs.

Initial rates identified in Exhibit B – Schedule of Prices and charged to DEN and DEN’s projects will be agreed upon during contract negotiations and documented in the executed Agreement’s Exhibit B – Schedule of Prices. MMT must indicate how and when it proposes the rates can be adjusted.

Additionally, the MMT should propose a mechanism and initial rate it will pay DEN to utilize the associated land supporting their commercial activity and should include this in their proposal response.

ANTICIPATED AGREEMENT TERM

The agreement for MMT services has an anticipated minimum term of ten (10) years. Specifics of this item will be negotiated with the successful respondent during contract award.

Administrative Information

RFP NO. 202578283 DEN THIRD PARTY MATERIALS MANAGER April 3, 2025

III. ADMINISTRATION INFORMATION

III-1 Issuing Office

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

All communication must be done through the Contract Services Department.

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

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

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

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

III-3 Means of Communication

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

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

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

RFP NO. 202578283 DEN THIRD PARTY MATERIALS MANAGER April 3, 2025

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

III-4 Interpretation of Proposal Documents

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

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

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

III-5 Addenda

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

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

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

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

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

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

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

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

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

mailto:contract.procurement@flydenver.com

RFP NO. 202578283 DEN THIRD PARTY MATERIALS MANAGER April 3, 2025

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

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

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

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

III-9 Confidentiality of Records

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

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

RFP NO. 202578283 DEN THIRD PARTY MATERIALS MANAGER April 3, 2025

III-11 Minority and Women-Owned Business Enterprise (MWBE) Participation

MWBE Responsiveness Requirements Award of this project will be determined, in part, on Proposer’s commitment to strengthen the small, minority, and women-owned business community. Said commitment is shown through adherence to and thoughtful completion of the below-listed DSBO proposal requirements, which are all conditions of responsiveness. Failure to submit a responsive proposal constitutes cause for rejection thereof.

A. Non-Competition Proposer shall not…