RFP-25-020_bidnet.pdf

REQUEST FOR PROPOSAL #25-020

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REQUEST FOR PROPOSALS

CITY OF ENGLEWOOD UTILITIES

SERVICENTER SPACE IMPROVEMENTS

FOR

THE CITY OF ENGLEWOOD, COLORADO

RFP NO: 25-020

RFP ISSUANCE DATE: April 29, 2025 PROPOSAL DUE DATE: June 3, 2025

This document is the UNOFFICIAL RFP document. The City of Englewood's official posting platform can be found on The City of Englewood's website, Solicitation

Opportunities & Awards. Instructions for registration are included for the new platform.

Solicitation Opportunities & Awards | City of Englewood, Colorado https://www.englewoodco.gov/government/city-departments/finance/solicitation-opportunities-awards

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Statement of Purpose The City of Englewood Utilities Department (“the City” or “City”) is seeking written proposals from qualified Contractors to Construct Office Space Improvements at the Englewood ServiCenter’s Building 11 located at 2800 S. Platte River Drive, Englewood, CO, 80110.

Considerations This City invites qualified Contractors to submit a Proposal to Construct Office Space Improvements at the Englewood ServiCenter’s Building 11 located at 2800 S. Platte River Drive, Englewood, CO, 80110.

Proposals will be reviewed and evaluated using a competitive, best-value selection process described below. Proposals shall be considered from Contractors who are firmly established in the appropriate business. Contractors shall be financially sound and have the resources and ability to perform the required services in a professional and safe manner in accordance with industry standards.

Proposals in response to this Solicitation must be submitted prior to 2:00 PM MDT, June 3, 2025. Sealed proposals (electronic submissions only) will be received and accepted online via the City of Englewood’s Online Procurement System (https://www.englewoodco.gov/government/city-departments/finance/solicitation-opportunities-awards).

Solicitation Process Proposals will be evaluated and scored based on the criteria provided in this RFP. The City will consider the approach to complete the scope of work, qualifications of the project team, experience in similar work, and value of the proposed fee to complete the work.

The City may conduct interviews with short-listed firms.

Negotiations may be held with the Contractor ranked the highest by the evaluation committee based on proposal, fee, and interview (if needed). The City and the top-ranked Contractor may negotiate the details of the final contract, and City Council approval of the award may be requested. Upon Council approval, the contract will be signed, a PO set up, Notice to Proceed issued and work may begin. Should the City be unable to reach an agreement with the top-ranked Contractor, negotiations may commence with the next-ranked Contractor. This process will continue until a satisfactory contract is negotiated, or the City exercises its right to reject all proposals.

Project Manager

Adam Marquez will serve as the City Project Manager.

City Communications

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No oral communications from the Project Manager or any other individual representing or purporting to represent the City are binding. Contractors are restricted from any and all contact with City staff and any public official of these organizations, other than the Procurement Division, regarding the project during the procurement process. A violation of this provision may result in disqualification of Contractor.

Pre-Proposal Meeting A mandatory pre-proposal meeting will be held on Thursday, May 8, 2025 @ 9:30 AM MDT at the Englewood ServiCenter’s Building 11 located at 2800 S. Platte River Drive, Englewood, CO, 80110.

A Contractor representative is required to attend in order to submit a proposal.

Questions raised and information provided during the pre-proposal meeting will be screened for applicability and responded to as necessary in an addendum. Oral statements may not be relied upon and will not be binding or legally effective.

This is a locked facility. Please arrive at least 10 minutes early to ensure you are at the location prior to the start of the meeting. If you are late, you will not be able to participate in the meeting. There will be no exceptions.

Questions Questions will be accepted until Thursday, May 8, 2025 @ 2:00pm. Once the question period expires, the addendum will be posted on the City’s online Strategic Sourcing platform. Verbal questions during the recommended pre-proposal meeting and site visit will be screened for applicability and, as applicable, responded to in an addendum. All questions during the procurement period must be directed in writing to:

Trudi Peepgrass, NIGP-CPP, CPPB Procurement & Contracts Manager Finance Department City of Englewood 1000 Englewood Parkway, Englewood, CO 80110 303-762-2419 tpeepgrass@englewoodco.gov

RFP Organization This RFP consists of the following:

• Section 1 – Project Overview, Background, and Goals

• Section 2 – Project Schedule and Milestones

• Section 3 – Scope of Work

• Section 4 – Proposal Submittal Requirements

• Section 5 – Proposal Evaluation and Selection

• Section 6 – Conditions for Contractors

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• Attachment A – Sample Contract for Construction

• Attachment B – City of Englewood General Conditions

• Attachment C – Project Manual including Bid Forms

• Attachment D – Drawings

• Attachment E – WIFIA

Section 1 – Project Overview, Background, and Goals

1.1 Project Overview

The City of Englewood (City) Utilities Department is seeking qualified Contractors to Construct Office Space Improvements at the Englewood ServiCenter’s Building 11 located at 2800 S. Platte River Drive, Englewood, CO, 80110.

1.2 Project Background

Since 2020, the City Of Englewood Utilities Department (Utilities) has increased in staff size to address aging infrastructure and modernize the department. This growth has led to the need to consolidate existing facility usage and to create new space to meet staff, equipment storage, and maintenance needs. The Utilities Department’s Distribution & Collection Division is responsible for maintaining water mains, service lines, valves, and sewer mains for the City’s water and sewer collections systems. The Division has eighteen (18) employees who work at the Englewood ServiCenter Building 11 and out of two temporary trailers behind Building 11. Utilities seeks to expand Building 11 and thereby eliminate the need for trailers.

1.3 Project Goals

The City’s objectives for delivery of the Project are as follows:

• Safety: Incorporate best industry practices for the protection of City staff and the Contractor’s employees. Address the unique safety needs of a commercial project located on an industrial site.

• Quality: Deliver the work products to be consistent with project specifications and in full compliance with federal, state, and local regulations. Provide comprehensive and seamless commissioning and project turnover to the owner.

• Cost: The project must be cost-effective to comply with the City’s project budget and federal funding source: the Water Infrastructure Finance and Innovation Act (WIFIA) loan.

• Maintenance of Operations: Minimize the impact of the project on all staff in the City, particularly the staff from multiple departments working at the ServiCenter.

• Schedule: Achieve or beat the scheduled completion date for the Project.

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Section 2 – Project Schedule and Milestones

2.1 Schedule

The City intends to proceed with the Office Space Improvements at the Englewood ServiCenter’s Building 11.

2.2 Project Milestones

These milestones represent the anticipated schedule for resource planning purposes and are subject to change.

Request for Proposals posted April 29, 2025 Mandatory Pre-Proposal meeting May 8, 2025 @ 9:30 am Deadline for written questions May 12, 2025 @ 2:00 pm Proposal and fee submission due date June 3, 2025 @ 2:00 pm Anticipated Contractor Interviews (as needed) Week of June 16, 2025 Anticipated WSB & Council Consideration August 2025 Anticipated Notice to proceed August 25, 2025

Section 3 – Scope of Work The upgrades to the Englewood Utilities Building 11 at the City of Englewood ServiCenter facility includes approximately 3,525 square feet of building addition and 810 square feet of existing building remodel. The primary area of remodel will be within the existing office area of the building leaving the existing fire rated assembly between the business occupancy and storage occupancy of the existing vehicle bays. There will be limited remodel within the existing vehicle bays to add two new sectional overhead doors along the north façade in order to create two drive-through bays. There will be site work associated with this project to provide accessible access to entrances, regraded drive access to the proposed drive-through bays, and a small outdoor patio area along the north side of the offices.

Deliver the project in full compliance with the contract documents, including project general conditions, technical specifications, and drawings.

Supplemental Services The City has, to the best of its knowledge, defined the scope and tasks to complete the work. The Contractor may propose, at its discretion, additional services beyond those listed in this RFP that it feels are necessary to complete the work or add value to the project. Those additional services shall be included in the scope and fee as a stand-alone task under “Supplemental Services.” The City Project Manager must approve Supplemental Services before performing the work.

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Contract Renewal The City of Englewood reserves the right to utilize the awarded Contractor for future phases of the project, which include a similar scope of work or a continuation of the awarded project.

Small Business Information Request In an effort to engage with underutilized businesses or communities, the City is requesting voluntary disclosure of any certification(s) held by your company, whether it is SBE, MBE, VBE, WBE, DBE or a combination of these categories.

Such certification is to be current, and the certifying entity documentation should reflect the following information:

• The name of the Certifying body

• Name of the Supplier/vendor certified

• Contact information of the certifying body

• Start date/End date of the certification

• If applicable, commodities and services supplier/vendor is certified to perform

• Additional information as identified by the Certifying entity

The City would also like to know if your company is considered a small business but is not certified by any certifying body. In addition, if your company’s supply chain contains products from an underutilized entity/ small business that go into the creation of the products that you offer, please provide their information as well.

This information is for statistical purposes only and will not have any effect when evaluating the solicitations.

Supplier Name: __________________________________________________

Type of Certification (s): ____________________________________________

Certifying entity(ies): ______________________________________________

Please submit copies of the appropriate certification(s) with your Solicitation.

For more information on the SBA small business determination, the link to the process is https://www.sba.gov/size-standards/

WIFIA

Notice to Bidders:

This construction project is funded through the Water Infrastructure Finance and Innovation Act (WIFIA) program, administered by the U.S. Environmental Protection Agency (EPA). The selected bidder will be required to comply with various federal laws and regulations to ensure the project's successful completion and adherence to WIFIA guidelines.

https://www.sba.gov/size-standards/

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SAM.gov Registration

All bidders submitting proposals in response to this solicitation must be actively registered in the System for Award Management (SAM.gov) at the time of bid submission. Bidders must provide proof of active registration in SAM.gov as part of their bid package.

Additionally, all subcontractors anticipated to perform work under this contract must either:

1. Provide proof of active registration in SAM.gov, or

2. Submit a signed letter on professional letterhead certifying that they are not debarred, suspended, or otherwise excluded from participation in federal work.

Failure to provide the required documentation for both the bidder and its subcontractors will result in the bid being deemed non-responsive and ineligible for selection.

Six Good Faith Efforts

Pursuant to the U.S. Environmental Protection Agency (EPA) Disadvantaged Business Enterprise (DBE) Program, all bidders must demonstrate compliance with the six good faith efforts outlined in 40 CFR Part 33 when procuring subcontractors under this solicitation. These efforts are required to encourage the participation of small, minority, and women-owned businesses in procurements funded by EPA assistance programs.

As a condition of contract award, bidders must certify that they have undertaken the following six good faith efforts:

1. Outreach and Recruitment – Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable, including placing DBEs on solicitation lists and directly soliciting them when they are potential sources.

2. Providing Information and Opportunity – Make information on forthcoming opportunities available to DBEs in a timely manner, arrange time frames for contracts, and establish delivery schedules in a way that facilitates DBE participation.

Solicitations for bids or proposals must be posted for a minimum of 30 calendar days before the closing date whenever possible.

3. Encouraging DBE Subcontracting – Consider whether large contracts can be divided into smaller tasks or quantities to allow for maximum DBE participation when economically feasible.

4. Supporting DBE Collaboration – Encourage contracting with a consortium of DBEs when a contract is too large for a single DBE firm to manage individually.

5. Utilizing SBA and MBDA Resources – Seek the services and assistance of the U.S.

Small Business Administration (SBA) and the Minority Business Development Agency (MBDA) of the Department of Commerce to identify qualified DBEs.

6. Requiring Prime Contractor Compliance – If the prime contractor awards subcontracts, they must ensure their subcontractors also comply with the requirements outlined in items 1 through 5.

The selected bidder must maintain documentation of compliance with these efforts and provide proof upon request. Failure to demonstrate good faith efforts in accordance with EPA regulations may result in disqualification from consideration.

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American Iron and Steel (AIS)

This Project is subject to the AIS provisions of the Consolidated Appropriations Act of 2014 and all products listed in the EPA American Iron and Steel Guidance Document dated March 20, 2014 must be produced in the United States.

1. The Guidance Document can be found on-line at the EPA website:

https://www.epa.gov/cwsrf/american-iron-and-steel-requirement-guidance-and-questions-and-answers

2. Listed products include but are not limited to the following items, refer to the Guidance Document for more information.

a. Lined or unlined pipes or fittings

b. Manhole covers

c. Municipal castings

d. Hydrants

e. Tanks

f. Flanges

g. Pipe clamps and restraints

h. Valves

i. Structural steel

j. Reinforced precast concrete

k. Construction materials

3. Produced in the United States – Means melting (not reheating), refining, forming, rolling, drawing, finishing, fabrication and assembly occurs in the United States.

4. Exceptions – the following products do not have the be produced in the United States:

a. Raw materials such as iron ore, limestone and iron and steel scrap

b. Non-iron or non-steel components of a primarily iron or steel product

c. Products that do not fall under any of the listed products

d. Mechanical/electrical equipment (if not a listed product)

e. Appurtenances of assemblies where the primary component is a non-covered product

f. Non-construction materials such as pumps, motors, VFDs, valve actuators, flow meters, sensors and SCADA equipment.

5. Certification Letters

a. Product manufacturers shall provide an AIS Certification Letter for each AIS-compliant product asserting that all manufacturing processes for the purchased product occurred in the United States.

b. As construction activities get underway, the selected Bidder must obtain a certification letter from the manufacturer of a given AIS material and provide a copy of the letter to the City of Englewood prior to installation into the Project.

c. Letter can be a Step Certification if there are multiple parties involved in the manufacturing process. In this case each handler (Supplier, fabricator, https://www.epa.gov/cwsrf/american-iron-and-steel-requirement-guidance-and-questions-and-answers https://www.epa.gov/cwsrf/american-iron-and-steel-requirement-guidance-and-questions-and-answers

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d. Key Elements – at minimum certification letters shall include the following:

i. List of the product or materials produced and the manufacturing process involved (rolling, forming, melting, etc.)

ii. The location (City and State) of the foundry/mill/factory where the product was manufactured

iii. The name of the Project and jurisdiction where the product was delivered

iv. Signature of a company representative

v. Reference to AIS compliance

e. The selected Bidder must review each certification letter to ensure it contains these five points prior to submitting it to the City of Englewood. As necessary, the selected Bidder shall obtain multiple versions of a certification letter from the manufacturer until it is considered compliant.

6. AIS Log & Waivers

a. Prior to the start of construction activities, the selected Bidder must coordinate with the City of Englewood to develop a log of all materials that must comply with AIS using a Microsoft Excel-based template.

b. Once the selected Bidder develops the AIS Log using the template, the selected Bidder and the City of Englewood shall review the AIS Log to identify materials that would benefit from a waiver or allocation to the De Minimis log.

c. Note that the EPA has made available four AIS waivers:

i. Cost (if the cost of AIS compliance raises Project cost by at least 25%),

ii. Public interest (if it is not in the public interest to enforce AIS),

iii. Availability (if a specific AIS product is not available in sufficient or satisfactory quantity).

iv. An additional waiver, De Minimis, allows for the non-domestic procurement of iron or steel materials only if the material is considered incidental to the Project and only if all items procured using the De Minimis waiver do not exceed 5% of total material costs and no single item procured under De Minimis waiver does not exceed 1% of total material costs.

d. The City of Englewood must submit a request to the EPA if it anticipates needing any of these waiver categories.

e. Throughout the Project, the City of Englewood shall hold routine meetings with the selected Bidder to review the AIS requirement and ensure the AIS Log remains current and that all listed items will either have or will have a certification letter or a waiver.

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Davis-Bacon Act Prevailing Wage Rates

The Bidder shall comply with the state prevailing wage rates and the federal prevailing wage rates under the Davis Bacon Act. Each worker in each trade or occupation employed in the performance of the work under these Contract Documents, either by Contractor, Subcontractor, or other person doing or contracting to do the whole or any part of the work, shall be paid not less than the applicable prevailing wage rates for state or federal wages, whichever is higher, as determined by the U.S. Department of Labor.

1. Wage Determinations

a. One or more wage determination categories may be applicable depending on the scope of the work.

b. It is the Bidder’s responsibility to select which labor category is applicable to their employees on an individual basis from the wage determination included in the contract.

c. If no applicable category can be determined from the options available, a Davis-Bacon Conformance Request can be issued to the U.S. Department of Labor to add a new category. This process will require justification information from the Bidder and will include lead time for the agency review.

2. LCPTracker

a. Bidders are required to submit weekly certified payroll records to the City of

Englewood via LCPTracker and ensure that all workers are compensated fairly according to the established wage determinations.

b. Bidder access and ability to use LCPTracker must be established prior to start of construction activities.

3. Backpay

a. If it is identified that a contractor employee has not been paid the prevailing wage, it is possible that backpay taken as the difference between the wage paid and the applicable prevailing wage will be requested to be paid out to the employee to ensure Davis-Bacon Act compliance.

4. Compliance with the Davis-Bacon Act involves posting the applicable wage determinations and the Davis-Bacon poster at the work site, maintaining accurate payroll records, conducting periodic personnel interviews in accordance with Standard Form (SF) 1445, providing documentation of any apprenticeship programs and/or fringe benefit statements and allowing for periodic audits by the contracting agency. Bidders must also ensure that any Subcontractors comply with these requirements.

Failure to provide the required documentation for both the bidder and its subcontractors will result in the bid being deemed non-responsive and ineligible for selection.

The selected proposer will be required to comply with various federal laws and regulations to ensure the project's successful completion and adherence to WIFIA guidelines.

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Bond Information

There is a 5% bid bond required for this project.

Each Bid shall be accompanied by an appropriate guarantee in the form of a Bid Bond, Certified Check or Cashier’s Check made payable to the City of Englewood in an amount of not less than 5% of the bid amount.

The awarded Contractor will be required to have ready and furnish a “Performance, Payment and Maintenance Bond” in the amount of 100% (copy attached) executed by a surety company acceptable to the City of Englewood within 10 days of Notice of Award.

Construction Use Tax & Arapahoe County Open Space Tax

City of Englewood Construction Use Tax and Arapahoe County Open Space Use Tax

Contractors and sub-Contractors who “build, construct or improve any building, dwelling or other structure or improvements to realty whatsoever” (Englewood Municipal Code) within the city are required to pay City of Englewood use tax and Arapahoe County Open Space use tax on any construction materials built into, incorporated or used on such projects, including building, constructing, or improving public infrastructure such as roads, sidewalks and government-owned buildings and facilities. City construction use tax and Arapahoe County Open Space use tax is collected on permits for construction materials that become part of such improvements to realty. Construction materials can be purchased exempt from city and county sales tax by providing a copy of the city building permit to suppliers. Sub-Contractors on projects should purchase construction materials in the same manner.

Contractors who apply for city permits are required to pay city use tax of 3.8% and county open space use tax of .25% on 50% of the contract value/price for improvements to structures, and on 40% of the contract value/price of improvements other than to structures (roads, sidewalks, right-of-way improvements, for example).

Materials and supplies other than construction materials are subject to both state-collected and locally-collected retail sales taxes in effect at the place of purchase.

Examples include temporary fencing, tools, equipment purchased or rented for the project, cleaning and crew supplies and any other items that would normally be subject to regular retail sales taxes and used consumed/used by Contractors and sub- Contractors. Materials and supplies other than construction materials cannot be purchased exempt with a city-issued building permit.

Contractors and sub-Contractors may be exempt from state-collected taxes (for example, State and RTD tax) when the material becomes part of the structure for a tax-exempt entity. The Contractor must obtain an exemption certificate from the Department of Revenue to purchase the materials exempt from state-collected sales and use taxes. See

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Important Note: The tax-exempt status of a Contractor’s customer – including the City of Englewood – does not flow through to Contractors and sub-Contractors with respect to the payment of city and county use tax on construction materials. Contractors and sub- Contractors the end-users and consumers of construction materials, and the Englewood Municipal Code clarifies that construction materials are subject to city and county use tax at the time city building permits are issued, regardless of the tax-exempt status of Contractors’ customers.

Contractors and sub-Contractors are required to keep records sufficient to verify that the correct amount of City use tax and Arapahoe County Open Space use tax was paid on construction materials used and consumed on permitted projects in the City. Records for permitted projects are required to be maintained for three years after the issue date of the Certificate of Occupancy and shall be made available to the City of Englewood for examination upon request.

See Englewood Municipal Code – Sections 4-4-2; 4-4-4-3; 4-4-5-1; 4-4-5-2; 4-4-5-3.

Section 4 – Proposal Submittal Requirements

4.1 Submittal Place and Deadline

The response must be received before the due date and time as specified in this RFP. It is the responsibility of the Contractor to ensure that electronic submittals are received prior to the closing time specified. Bids received after the date and time set for the Bid opening shall be considered non-responsive and returned un-opened to the Bidder.

Electronic submissions will only be accepted online the City of Englewood’s Online Procurement System, https://www.englewoodco.gov/government/city-departments/finance/solicitation-opportunities-awards Questions or technical difficulties should be directed to the websites’ Supplier Support Team support.ionwave@eunasolutions.com.

Submittals will be accepted until 2:00 PM on May 29, 2025.

The City of Englewood utilizes an Online Procurement System for all electronic solicitation submittals. It is the Contractor’s responsibility to ensure the submittal process is started with enough time to meet the 2:00pm deadline; for example: do not start the upload and submittal process at 1:50 pm with the expectation that your submittal will be received by the City prior to the 2:00pm deadline. If the Contractor experiences any problems, has questions or technical difficulties, PLEASE contact the Supplier Support Team, support.ionwave@eunasolutions.com. If the Supplier Support Team is unable to resolve the problem, contact the procurement agent (contact information in Introduction) by 1:45pm for a submittal resolution.

Proposals may be amended or withdrawn only by written notice prior to the Proposal opening. Amendments or withdrawals received after the Proposal opening will not be https://tax.colorado.gov/sites/tax/files/documents/DR0172_2022.pdf

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The City reserves the right to request clarification of information submitted and to request additional information of one or more Contractor after the Proposal Submission Due Date.

4.2 Submittal Format

Proposal submittals shall be clear, accurate, comprehensive, and provide specific and succinct answers to all questions and requests for information. Indirect, imprecise, or incomplete responses can serve only to the disadvantage of the proposer. Generic marketing material is discouraged. Excessive or irrelevant material will not be favorably received.

The Proposal must not exceed 10 total pages (8½ × 11 inch with 1-inch or greater margins; up to 2 pages of the total page count may be 11 x 17-inch tri-fold format; each double-sided counts as two pages), excluding the transmittal letter, index or table of contents, front and back covers, title pages/separation tabs, draft agreement acknowledgement form, and appendices.

A font similar in size to or larger than Calibri eleven-point (11-pt) shall be used.

4.3 Submittal Content

The content requirements set forth in this RFP represent the minimum content requirements for the Proposal. Additional information may be provided at Contractor’s discretion and within the available page count.

The Contractor shall submit two separate files as part of their Proposal, as listed above.

The Price Proposal with all supporting material should be submitted in a separate file from the Technical Proposal and be titled “Price Proposal.”

The Proposal must include, at a minimum, the following information:

• Transmittal Letter

• Company Information

• Part 1 – Experience and Technical Capability

• Part 2 – Project/Scope Understanding, Approach, and Anticipated Schedule.

• Part 3 – Draft Agreement Review

• Part 4 – Safety Plan

Transmittal Letter

Include a transmittal letter signed by an authorized representative of the Contractor who can commit the Contractor to the obligations required in the Draft Agreement. Place the transmittal letter on the Contractor’s letterhead and include the name, address, phone number, and e-mail address for the Contractor contact person. Specify who would be the

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Contractor’s signatory to any contract documents executed with the City. Include other information deemed relevant by the Contractor.

Proposals must be signed by an authorized corporate officer, principal, or partner (as applicable) with a signature in full. Contractors who are nonresident corporations shall furnish to the City a duly certified copy of their Articles of Incorporation from the State of Colorado Secretary of State Office along with the Proposal. Failure to promptly submit this evidence or qualification to do business in the State of Colorado may be basis for rejection of the Proposal.

The transmittal letter shall be limited to two (2) 8½ x 11-inch pages.

Part 1 – Contractor Experience and Technical Capability

Provide a description of the Contractor’s qualifications, experience, and technical capability. This shall include, at a minimum, the following elements:

• Provide an organizational chart for the Contractor’s project team, identifying all key personnel, the reporting hierarchy of staff and Contractor/Sub-Contractors, and the specific individuals responsible for coordination of the separate components of the work. City preference is for the project team to include some local personnel.

• Describe the roles, responsibilities, and availability of the key personnel who will be assigned to the Project through completion.

• Identify all Sub-Contractors and describe their roles, and responsibilities. Identify the Sub-Contractors’ key personnel.

• Previous experience with implementing and maintaining temporary pumping systems in a drinking water distribution system

Note: The identification and utilization of specific key personnel through the life of a project are important factors in the City's consideration and selection of a Contractor. Any changes in identified key personnel after the award of the Agreement must be approved by the City in writing before the change is made. Include availability of the project team to begin work as soon as possible after the selected Contractor receives the Notice to Proceed.

Per WIFIA requirements, any Contractor submitting a proposal must have an active registration status on sam.gov prior to submittal due date (May 29, 2025).

Contractor Experience: Provide clear and thorough descriptions of the Contractor's related and applicable experience and performance, particularly for:

• Projects involving owner-procured equipment.

• Commercial Projects located on active industrial sites.

• Projects involving pre-engineered metal buildings

• Projects involving aggregate pier systems

• Projects constructed in the State of Colorado.

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• Federally funded projects through either the State Revolving Fund or EPA Water Infrastructure Finance and Innovation Act (WIFIA)

Provide detailed information on the most applicable projects that have been substantially completed by the Contractors’ team members. Details shall include the following:

• Project title and contract number.

• Contractor and key personnel’s role in project.

• Owner contact information including phone number.

• Period of performance (contract start and end dates).

• Contract value.

• Summary of work performed.

• Project performance (including change order history, schedule adherence, and budget adherence).

• Describe any major issues or challenges presented on the project(s) and how they were resolved.

Note: Information demonstrating how the Contractor team’s key personnel have collaborated, performed, and resolved issues together on previous projects are important factors in the City's consideration and selection of a Contractor.

Key Personnel Experience: Describe specific relevant experience of each proposed key personnel providing similar details for projects as requested in Contractor Experience.

Licensing Requirements: Demonstrate the appropriate licenses to complete the scope of work for both the City of Englewood and the State of Colorado. Licenses will be in the Contractor’s name as it appears on the Proposal. Supply copies of appropriate licenses showing the qualifying agent and expiration dates, as part of their Proposal. Failure to hold and provide proof of proper licensing, certification, and registration may be grounds for rejection of the Proposal.

Reference Requirements: The City may contact the referenced individual(s) identified by the Contractors in Contractor Experience. The contact person(s) listed as a reference shall be someone who has personal knowledge of the Contractor’s performance during the referenced project. More than one person can be listed, but all must have knowledge of the project.

Part 2 – Project/Scope Understanding, Approach, and Anticipated Schedule

Provide a description of the Contractor’s approach for managing and delivering the scope of services contained in this RFP, and any additional issues and proposed strategies for meeting the City’s needs for the project based on Contractor’s understanding of the work, including:

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• Describe the construction approach, specifically how the design and construction processes will interface, including how constructability issues and risks will be addressed.

• Identify and describe the key project risks and the approach for mitigation.

• Provide the construction milestone schedule and identify key sequencing events

• Describe the communication approach and tools that will be utilized to ensure the timely delivery of high-quality services and coordination among the Contractor, City, Design Consultant, and other Project stakeholders.

• Describe the process for adhering to the contract during the construction phase.

• Describe the quality control/quality assurance approach.

Provide a proposed schedule/timeline and detailed project plan to complete the work.

Part 3 – Draft Agreement Review

The Contractor understands that neither this RFP nor the Proposal shall constitute a contract with the City. No contract is binding or official until Proposals are reviewed and accepted by appointed City staff; approved through the appropriate levels of authority within the City; and an official contract is duly executed by the City.

Attachment A (Draft Agreement) of this RFP contains the proposed Contract for Construction for the Project. Proposers shall review this draft document and provide comments regarding any aspect of such document about which it has any concern, including terms that it considers ambiguous or which it believes should be modified. Such comments shall be submitted with the Proposal. The City will review all comments received and, if it deems appropriate, in its sole discretion, may modify such document.

The Draft Agreement included in the RFP is the form upon which Contractors shall base their Proposal. The comments submitted on the draft agreement will not be counted in the total page count specified above.

Part 4 – Safety Plan

Provide a description of the Contractor’s Safety Plan and the approach to project safety.

• Provide documentation from an insurance underwriter or other qualified third-party identifying the Contractor’s Experience Modification Rate (EMR) and Total Recordable Incident Rate (TRIR) for the current year and prior two (2) years.

• Provide an outline of the Contractor’s lockout/tagout procedures.

• Provide description of mitigation strategies used to ensure the surrounding City staff is minimally impacted during construction work.

Price Proposal

Price proposals must be submitted as a separate file and include a cover sheet and the following completed forms:

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• Attachment C – Section 00 41 33 – Bid Form – Cost Plus Fee

• Attachment C – Section 00 43 13 – Bid Security Forms

• Attachment C – Section 00 43 22 – Unit Prices Form

A font similar in size to or larger than Calibri eleven-point (11-pt) must be used for the Price Proposal.

Appendix A – Key Personnel Resumes

Provide key personnel resumes for project team. Appendix A does not count toward overall page count but is limited to resumes only.

Section 5 – Proposal Evaluation and Selection

5.1 General

The Proposals will be reviewed and evaluated by the City’s Selection Committee according to the requirements and criteria outlined herein. During the Proposal evaluation process, written questions or requests for clarification may be submitted to one or more Contractors regarding its Proposal or related matters.

In addition, the City may require all or a limited number of Contractors to participate in virtual or in-person interviews.

5.2 Selection Process Overview

For the purpose of selecting the most qualified Contractor, the City will use a competitive selection process as set forth in pertinent City and State procurement requirements. The procedure will involve the following steps:

a. The City will advertise the RFP Invitations on Bidnet.

b. Responsiveness and minimum qualifications will be checked.

c. The City’s Selection Committee will review, rank, and may short-list Proposals which meet responsiveness and minimum qualification requirements.

d. Interviews with each of the shortlisted Contractors to clarify their Proposals may be conducted. This decision is at the sole discretion of the City. Interviews will provide short-listed Contractors the opportunity to present their project team and approach to City staff and will include a question-and-answer session.

e. The City’s Selection Committee will then rank each Proposal, Price Proposal, and Interview (if applicable) to prepare a recommendation for approval. Upon authorization, the Project Manager shall negotiate a contract with the selected Contractor. Should the Project Manager be unable to negotiate a satisfactory contract with the Contractor considered to be most qualified, the Project Manager, or designee, shall terminate such negotiations with that Contractor and begin negotiations with the next most qualified Contractor and so on until negotiations are successful.

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f. The City reserves the right to modify or reject any contract for the acquisition of goods and/or services submitted to it for consideration.

5.3 Responsiveness

Each Proposal will be reviewed to determine whether it is responsive to the RFP. Failure to comply with the requirements of this RFP may result in a Proposal being rejected as non-responsive. At its sole discretion, however, the City may waive any such failure to meet a requirement of this RFP and may request clarification or additional information to remedy a deficiency.

5.4 Evaluation Criteria

The Selection Committee will evaluate and rank the Proposals that satisfy the minimum qualification requirements identified in this section by applying scores to each Proposal part, as set forth in the table below.

Table 2: Proposal Evaluation Scoring

Proposal Part Scoring

Project Understanding and Management Approach

• Does Proposal address all elements of RFP?

• Does Proposal demonstrate understanding of the project objectives, methodology to be used, desired results/outcomes of the project?

• Is the proposed timeline reasonable?

Project Team Experience and Technical Capability

• Do the individuals assigned to the project team have the necessary skills and experience?

• Are sufficient individuals of the requisite skills and qualifications assigned to the project?

• Are the individuals assigned to the project team available?

• Has it been demonstrated that the work be completed in the targeted timeframe?

• Does the Contractor demonstrate the necessary resources, financial strength, and support capabilities to successfully complete the project?

• Has the Contractor successfully completed previous projects of this type and scope?

• Does the Contractor have a strong safety record?

Price Proposal

• Does Proposal include cost-breakdown of each task line item and cost element?

• Are the proposed cost and work hours appropriate to the scope of work provided?

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• Are the work hours reasonable for the effort required for line item and overall project scope?

• Has Contractor demonstrated value in the cost and scope proposed?

Total possible points 100

Section 6 – Conditions for Contractors

6.1 Standard Contract

Contractors shall identify any issues they have with the Contract for Construction standard contract within this RFP. Contractors shall note that from time to time the City will be updating and changing the contracts, and the standard contract attached to a future solicitation will be the basis for that project, not the one contained within this RFP.

The identification of willingness to enter into the standard contract is for general purposes at this time but is part of the evaluation process and must be included. There may be negotiations on a project-by-project basis which provides further clarification. Please note the RFP asks the Contractor to provide comments on the standard contract and indicate their willingness to use the standard contract. The City is not suggesting entering into an agreement with any Contractor using this contract at the time of RFP submittal, and the City will not provide a response to the Contractor’s comments provided.

All changes to the contract must be submitted at this time. Any changes after the City award of the contract are grounds for rescinding said award. The Contractor shall identify any issues they have with the standard contract within the RFP. Contractor shall note that from time to time the County will be updating and changing the contracts.

The following are some general clarifications that may be applied when negotiations with a selected Contractor occurs on a future project:

A. Definition of Terms: There may be further clarification as needed on a specific project, for specific contract terms.

B. Time of Completion: Each project will have a specific completion date, and some projects may be more flexible than others. The completion date will be identified by the City and will be negotiated on a project-by-project basis and included in the exhibit portion of the contract.

C. Use of sub-Contractors: The City fully expects that many project categories will require a prime Contractor and sub-Contractors as members of the project team.

The City may consider a modification to contract language that affects sub- Contractor use.

D. Public property: All project information and materials are public information and may be used at public meetings, or by the public when and if requested.

E. Insurance: Minimum values listed are statutory. The City requires being listed on the general liability policy as an additional insured. Copies of insurance certificates are not needed as part of the RFP.

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F. Purchase of other items not listed on this solicitation based on percentage discounts: While the City has listed all major items on the solicitation which are utilized by the City and/or departments in conjunction with their operations, there may be ancillary items that must be purchased by the City during the term of this contract. For this reason, Vendors are requested to quote a percentage discount from the Vendor's price list that will be offered to the City for items which do not appear on this solicitation. The City reserves the right to award these ancillary items to the successful Vendor or another Vendor based on the lowest actual price offered.

6.2 Conflict of Interest

The Contractor must disclose with the Proposal, the name of any officer, director, partner, associate, or agent, who is also an officer or employee of the City.

6.3 Rights of the City

In connection with this procurement process, including the receipt and evaluation of Proposals and award of the Agreement, City reserves to itself (at its sole discretion) all rights available to it under applicable law, including without limitation, with or without cause and with or without notice, the right to:

• Cancel, withdraw, postpone, or extend this RFP, in whole or in part, at any time prior to the execution of the Agreement, without incurring any obligations or liabilities.

• Modify the procurement schedule.

• Waive deficiencies, informalities and irregularities in a Proposal and accept and review a non-conforming Proposal.

• Suspend and terminate the procurement process or terminate evaluations of

Proposals received.

• Permit corrections to data submitted with any Proposal.

• Hold meetings and interviews, and conduct discussions and correspondence, with one or more of the Contractors to seek an improved understanding of any information contained in a submitted Proposal.

• Seek or obtain, from any source, data that has the potential to improve the understanding and evaluation of the Proposals.

• Seek clarification from any Contractor to fully understand information provided in the Proposal and to help evaluate and rank the Contractors.

• Accept or reject any or all Proposals that it may in its sole discretion deem non-responsive, to waive technicalities, or to accept the Proposal that, in its sole judgment, is most advantageous and best serves the over-all interest of the City.

• Reject a Proposal containing exceptions, additions, qualifications, or conditions not called for in the RFP or otherwise not acceptable to the City.

• Conduct an independent investigation of any information, including prior experience, included in a Proposal by contacting project references, accessing public information, contacting independent parties, or any other means.

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• Request additional information from a Contractor during the evaluation of its Proposal.

6.4 Obligation to Keep Project Team Intact

Contractors are advised that all key personnel identified in their Proposals remain on the team for the duration of the procurement process and execution of the Project. If extraordinary circumstances require a change, it must be submitted in writing to the City, who shall have sole discretion to determine whether to authorize a change, recognizing that certain circumstances may occur that are beyond the Contractor’s control.

Unauthorized changes to the Project team at any time during the procurement process may result in penalties or termination.

6.5 Additional Conditions

Non-Collusion By submitting a Proposal in response to the RFP, the Contractor represents that, should the Proposal be accepted, the resulting contract(s) would not violate any provisions of federal law or regulations, or any ordinances or regulations established by the City.

Anti-Discrimination During the performance of the Contract, the Contractor agrees as follows:

• Comply with federal anti-discrimination laws.

• Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirement of this section.

Proposal Preparation Costs By submittal of a Proposal, the Contractor agrees that all costs associated with the preparation of his/her Proposal and interview preparation/materials (if applicable) will be the sole responsibility of the Contractor. The Contractor also agrees that the City bears no responsibility for any costs associated with the preparation of the Proposal and/or any administrative or judicial proceedings resulting from the solicitation process.

Drug Free Workplace The selected Contractor must provide a Drug Free Workplace in accordance with Colorado State law.

Occupational Safety and Health Act (OSHA) In instances where such is applicable due to the nature of the matter with which this Proposal is concerned, all material, equipment, etc., as proposed and offered by Contractors must meet and conform to all OSHA requirements; the Contractor's signature upon the Proposal being by this reference considered a certification of such fact.

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Patent Infringement, Etc.:

By submission of a Proposal the Contractor certifies that the services to be furnished will not infringe any valid patent, copyright, or trademark and the successful Contractor shall, at his/her own expense, defend any and all actions or suits charging such infringement and hold the City harmless in case of any such infringements.

6.6 Addenda

If any revisions or clarifications to the RFP or procurement process become necessary or desirable (at the City’s sole discretion), the City may issue…