RFQ Professional Services 202579722 Strategic development Plan Update Final.pdf

Request for Qualifications Letter

REQUEST FOR QUALIFICATIONS

STRATEGIC DEVELOPMENT PLAN UPDATE

RFQ No. 202579722

June 27, 2025

RFQ No. 202579722 STRATEGIC DEVELOPMENT PLAN UPDATE June 27, 2025

REQUEST FOR QUALIFICATIONS (RFQ)

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 Qualifications # 202579722

QUALIFICATIONS MUST BE RECEIVED BY: August 4, 2025 by 2:00 PM

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 RFQ Advertisement June 27, 2025 Optional Pre-Submittal Conference July 7, 2025 Date at 1:30 PM Denver Local Time Last Date to Submit Written Questions July 15, 2025 Date by 2:00 PM Denver Local Time Submittal Due Date August 4, 2025 by 2:00 PM Denver Local Time

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

Teams Meeting Link

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

RFQ Questions DEN will not answer any telephone inquiries about this RFQ. 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 RFQ at the link below following the deadline for submittal of questions:

https://www.bidnetdirect.com/colorado/cityandcountyofdenverdepartmentofaviation mailto:contract.procurement@flydenver.com https://teams.microsoft.com/l/meetup-join/19%3ameeting_YmYzZjM3MzMtYTIxMS00NGQ0LWE4YTYtYTY0ZTY0YTMxYWZi%40thread.v2/0?context=%7b%22Tid%22%3a%2279c62162-b85e-4b0e-a863-ebe7817ad70d%22%2c%22Oid%22%3a%2249226d1f-d9ba-428a-b52c-fafbcdcccc6c%22%7d https://www.bidnetdirect.com/colorado/cityandcountyofdenverdepartmentofaviation

RFQ Submittal The submittal shall be prepared in accordance with the Instructions to Submitters as described in Section IV of this RFQ. Submitters shall provide their submittal and all required forms via the BidNet website at the link below. Submittals 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 submittal. Following are links to a BidNet Electronic Bid Submission (EBS) guide and EBS FAQ site. DEN strongly encourages submitters to review this information prior to starting your submission in addition to starting the submission process at least one business day prior to the submittal 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:

20% Minority and Women-Owned Business Enterprise (MWBE)

The participation requirement must be met with certified firms, § 28-127 D.R.M.C., found in the Small Business Certification and Contract Management System, or through the demonstration of a sufficient good faith effort. § 28-128 D.R.M.C. The project is subject to additional requirements pursuant to the D.R.M.C.

General Project Description This request is for a competitive Request for Qualifications (RFQ) between a qualified consultant and Dever International Airport (DEN) DEN Real Estate seeking professional services to update DEN’s Strategic Development Plan (SDP). Updating the document will require the team to review the current SDP, engage stakeholders and analyze market conditions to first identify which portions of the document can remain, what needs to be revised, and where new content should be added.

http://faq.bidnetdirect.com/electronic-bid-submission/ https://denver.mwdbe.com/FrontEnd/SearchCertifiedDirectory.asp?tn=denver https://denver.mwdbe.com/FrontEnd/SearchCertifiedDirectory.asp?tn=denver

Submittal Requirements

SUBMITTAL REQUIREMENTS

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

□ Submittal 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.

□ Submittal Forms - all complete and signed

• Submittal Acknowledgement Letter – filled out completely and acknowledge all addenda

• Submittal 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 submittal 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 – Core staff rate sheet – SDP Update

Table of Contents

REQUEST FOR QUALIFICATIONS

RFQ No. 202579722

STRATEGIC DEVELOPMENT PLAN UPDATE

REQUEST FOR QUALIFICATIONS (RFQ)

SUBMITTAL REQUIREMENTS

I. CITY, AIRPORT AND PROJECT OVERVIEW

II. SCOPE OF WORK

Introduction & Background

Scope of Services

Deliverables

Responsibilities

III. ADMINISTRATIVE INFORMATION

III-1 Issuing Office

III-2 Introduction and Acceptance of RFQ Terms

III-3 Means of Communication

III-4 Interpretation of Submittal Documents

III-5 Addenda

III-6 DEN Website

III-7 Withdrawal of Submittal

III-8 Rights of DEN

III-9 Confidentiality of Records

III-10 Submitter 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 (Not Applicable)

III-20 Background Checks (Not Applicable)

III-21 Vehicles in the Secured Area (Not Applicable)

Table of Contents

III-22 Violations

III-23 Diversity and Inclusivity in City Solicitations

III-24 Wage Ordinances

III-25 Conflicts of Interest

III-26 Title VI Solicitation Notice

III-27 Compliance with Americans with Disabilities Act (“ADA”)

IV. PREPARATION OF SUBMITTAL

IV-1 Preparation of Submittal - Submittal Forms

IV-2 Preparation of Submittal - Submittal Narrative

IV-3 Submittal Narrative Contents

V. EVALUATION OF QUALIFICATIONS

V-1 Evaluation of Qualifications

V-2 Past Performance

V-3 Shortlisting and Interviews (If Necessary)

V-4 Best and Final Offers

V-5 Evaluation Criteria

VI. ATTACHMENT 1, SUBMITTAL FORMS

Attachment 1, Part 1 Submittal Acknowledgement Letter

Attachment 1, Part 2 Submittal Data Form

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

Attachment 1, Part 4 Conflict of Interest

VII. ATTACHMENT 2, DSBO FORMS

VIII. ATTACHMENT 3, INSURANCE REQUIREMENTS

IX. ATTACHMENT 4, DIVERSITY AND INCLUSIVENESS IN CITY SOLICITATIONS

X. ATTACHMENT 5, SAMPLE AGREEMENT

XI. ATTACHMENT 6, ADA COMPLIANCE

Attachment 7, Exhibit B

City, Airport and Project Overview

I. CITY, AIRPORT AND PROJECT OVERVIEW

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

Each procurement opportunity is to be approached with ethical and honest behavior. The City will solicit, evaluate, and award contracts based upon the Submitter’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 Submitters that demonstrate a history of equity, diversity, integrity, stewardship, innovation, and humanity. The City is looking for Submitters 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 provide a submittal for the subject project, which is described in the Scope of Work incorporated herein. The work under this Contract is anticipated to start on or about January 2026 and has a scheduled duration of approximately 12 months. The submittal must be prepared and submitted in accordance with the requirements and procedures contained in this RFQ document and the City’s, including DEN’s, ordinances, rules, policies, and procedures. Compliance with these requirements by the Submitter is mandatory and is a condition of responsiveness. Any failure to

City, Airport and Project Overview 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 Submitter. The City shall not be liable for any of the Submitter’s expenses associated with its preparation of the submittal or DEN’s consideration of it. The Submitter, if selected, shall not include any such expenses as part of its fee for performing the Scope of Work.

Scope of Work

II. SCOPE OF WORK

Introduction & Background This Scope of Work (SOW) outlines the tasks and responsibilities of the consultant for the Strategic Development Plan Update. The consultant will provide expertise and services as detailed below.

At the end of 2018, Denver International Airport (DEN) released its Strategic Development Plan (SDP) to describe a vision to transform the 16,000 acres of airport land available for development outside DEN’s core aviation areas into a series of vibrant commercial districts. Executing the SDP supports the airport’s core aviation mission by capitalizing on DEN’s size, capacity for growth, and centralized location to create innovative, sustainable and economically beneficial commercial development of the airport’s non-aviation land. However, in the year’s since the SDP was released, surrounding neighborhoods have grown and market conditions have shifted so that the SDP needs to be updated to better reflect local context and global conditions as well as the airport’s Vision 100 and Operation 2045 initiatives.

Scope of Services The consultant will perform the following services:

1. Review current Strategic Development Plan (SDP)

a. Identify which portions of the plan should remain

b. Identify which portions of the plan need to be revised

c. Identify where new content should be added

2. Meet as necessary with DEN Real Estate PM staff to update progress and solicit feedback

3. Stakeholder Engagement

a. Host & facilitate workshops

4. Analyze market conditions to recommend uses appropriate for distinct areas

5. Make revisions to the SDP in order to achieve the following goals:

a. Provide clear direction to stakeholders regarding DEN’s development goals, opportunities, and vision

b. Provide an actionable plan for DEN’s Real Estate team to enable development

c. Identify risks and/or resources necessary in enacting the plan

Chapters potentially subject to revisions include:

1. Guiding Principles – Update to ensure alignment with Vision 100 and anticipation of Operation 2045

2. Land Use Strategy – Highlight airport specific considerations for development (7460 review, FAA height restrictions, noise, compatible land uses, traffic volume on Peña). Identify areas outside Peña core (68th Ave, North airfield, Commerce City edge) where development in edge areas can progress development goals but relieve pressure on airport infrastructure . Highlight growth around the airport, both in volume and diversity of uses, to focus development areas in edge districts and understand potential no-build areas (Reference planning docs such as Commerce City Comprehensive Plan, annexation patterns out of Adams County and zoning overlays).

3. Mobility Strategy – Reframe mobility as catalyst for development and understand where mobility capacity can be relieved, or key mobility connections can be made to enable development (Picadilly, 75th Ave, Aerotropolis Parkway). Envision a grid network that is less dependent on primary roads. Reference parallel studies or findings for Peña through the Peña NEPA study and Peña Master Plan and

Transportation Demand Management Plan (TDM), working to encourage sustainable modes of transportation.

4. DISTRICTS – All district content to focus on character, target uses with relevant trend analysis, district boundaries and major organizing principles. Each district should be considered in terms of how it contributes to the land assets as a whole, identifying the connection points and context that are most important to district success. Block distribution and street grid specifics are not priorities for update, except as they are relevant to development restrictions or opportunity. Exhibit additions or revision could include height map and mobility priorities (inclusive of road network AND multi-modal), as well as drainage and open space considerations.

a. East Approach - Remove description of east approach district in lieu of reference to CONrac planning and flex areas. Highlight potential of Common Transportation System to activate future development of West Approach in West Approach chapter.

b. West Approach - Update district concept with expansion areas east and south. Consider opportunity and impacts of Peña straightening, Peña ramp reconfiguration (design underway), and future extension of 75th to Picadilly. Strategize independence from/alternatives from Peña access and incorporate multi-modal trail connection from E470 to Terminal

c. 40th & Airport – add district concept to Strategic Development Plan. Content to be informed by brokers, and current marketing efforts

d. AeroIndustrial - Prioritize areas of cargo growth on the periphery of airside/landside uses (consultant to receive guidance from planning on areas of interest/priority). Development concept to be informed by AeroIndustrial Infrastructure Master Plan. (SDP update should not consider EVTOL)

Additional considerations that could be incorporated into existing chapters or create distinct new chapters include:

1. Utility framework & challenges – Challenges of sourcing utility providers across county lines and prioritization of solving utility challenges in extensive greenfield areas.

a. Who is provider for each district?

b. How does their capacity guide our development pace?

c. Does it impact locational phasing?

d. Are additional agreements necessary and if so what?

e. Opportunity for energy generation e.g. solar, nuclear, hydrogen. (A campus strategy for charging Battery Electric Vehicles will be address under a separate study)

2. Finance Strategy – incorporate findings from existing studies and coordinate with DEN RE financial consultants to identify funding opportunities to spur development and highlight where funding challenges must be solved to allow or maximize development (e.g. light rail station funding)

3. Regional Partners – In cooperation with DEN, coordinate with Adams County and Aurora on development plans within DEN neighborhood and at DEN borders to ensure complementary planning and highlight area of overlap. Input from Air & Space Port or Aerotropolis Regional Committee may inform SDP.

Deliverables The consultant will provide the following deliverables:

• Outline of content to be updated or added

• Revised table of contents

• Study exhibits

• Updated Strategic Development Plan o Draft o Final documents o Document must meet DEN’s ADA document compliance requirements so that the plan can be posted on flydenver.com

• Addendum materials

• Graphics and exhibit files

Responsibilities The consultant's responsibilities include:

• Provide all original files as well as flat jpegs to DEN

• Adherence to DEN’s flydenver.com ADA document compliance requirements – see ADA compliance see

Attachment 6 “Making Documents ADA Compliant” (Section 3(b) and Section 10(c) in sample agreement)

Administrative Information

III. ADMINISTRATIVE INFORMATION

III-1 Issuing Office

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

III-2 Introduction and Acceptance of RFQ Terms The Submitter, by providing its submittal, acknowledges that it understands and will agree to the corresponding Exhibits and the Scope of Work, and that the Submitter shall be able to perform as required. Acknowledgement of this condition shall be indicated by the signature of the Submitter on the Submittal Acknowledgement Letter, which is attached hereto and incorporated here in as Attachment 1, or an officer of the Submitter legally authorized to execute contractual obligations. A submission in response to this RFQ acknowledges acceptance by the Submitter of all terms and conditions as set forth herein. The Submitter shall identify clearly and thoroughly any variations between its submittal and this RFQ. 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 RFQ.

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

Attachment 5 is a sample agreement and, as such is subject to revision or modification by DEN at any time. DEN reserves the right to modify any term or condition of 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 RFQ, all communication between the Contract Procurement Department and Submitters will be via postings on DEN’s Rocky Mountain E-Purchasing System’s (BidNet’s) website:

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

The Contract Procurement 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 submitter. It is the responsibility of each potential Submitter to monitor the BidNet website regularly in order to be aware of changes, communications and/or addenda to bids.

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

III-4 Interpretation of Submittal Documents

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

Note: BidNet limits the number of characters DEN may use to respond to each question. For this reason, do not submit multiple questions within a single question box, as DEN is unable to respond to multiple questions in the space provided. Because of this limitation, DEN reserves the right to reject groups of questions submitted in a single question box or to select and respond to only one question posed.

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

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

III-6 DEN Website It shall be conclusively presumed that the Submitter did, before providing a submittal and prior to the final submittal deadline, read all addenda, posted decisions and other information items relevant to the RFQ which appeared on the DEN BidNet Website. Submitter 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 mailto:contract.procurement@flydenver.com

III-7 Withdrawal of Submittal A Submitter may withdraw its submittal by providing to DEN a written request signed by the Submitter’s authorized representative. The withdrawal of a submittal does not prejudice the right of the Submitter to provide future Qualifications.

III-8 Rights of DEN DEN reserves the rights to cancel or modify this RFQ at any time and to reject any or all submittals for any reason or for no reason. This RFQ is an open and equitable invitation for submittals, and each submittal constitutes an offer to contract that DEN may consider in its sole and absolute discretion. Any errors or omissions in a submittal may result in the rejection and disqualification of the entire submittal. Errors, omissions, and other acts that may result in submittal rejection and disqualification include, but are not limited to, failure to strictly comply with the RFQ requirements or any applicable ordinances, rules, or policies; the submission of any inaccurate or false information; any improper communications or collusion involving Submitters; 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 submittals, DEN may waive any immaterial deficiencies in submittals and may allow Submitters 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, Submitters will be notified of the allotted time to correct the identified deficiency; failure to correct the deficiency in the time allotted may result in submittals being deemed non-responsive and disqualified.

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

During the evaluation process, DEN reserves the right to request additional information from any submitter, to seek clarification of information provided, to conduct its own due diligence with respect to any submitter or submittal, including Self-Guided Tours of a submitter’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 RFQ 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 Submitter if a request is made for pages of documents clearly marked as confidential and proprietary so that the Submitter may take any action it deems necessary to defend the request. The Submitter, not the City, shall be the entity responsible for defending against Colorado Open Records Act disclosures for any records claimed by the Submitter to be confidential and proprietary.

III-10 Submitter Agreements Submitters may submit proposed agreements of any form (contracts or documents) that contain supplemental terms and conditions that the Submitter desires to be considered by the City for inclusion in the contract. Such forms may include Submitter’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 RFQ 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 Submitter, DEN may terminate negotiations with the Submitter and enter into a contract with another responsive Submitter. Certain of DEN’s contract provisions are required by Federal, State and/or City law and policy and are not subject to modification.

III-11 Minority and Women-Owned Business Enterprise (MWBE) Participation MWBE Responsiveness Requirements The below-listed DSBO proposal requirements are all conditions of responsiveness. Failure to submit a responsive proposal constitutes cause for rejection thereof.

1. Non-Competition Submitter shall not restrict an MWBE from providing subconsulting quotations to other Submitters. Any Submitter who does so shall cause their submittal to be rejected. § 28-129(e) D.R.M.C.

2. Joint Ventures If Submitter is participating in a joint venture with a certified MWBE firm, submitter must submit the firm’s Joint Venture Agreement to DSBO at least 10 business days prior to the RFQ-response submission. The Joint Venture must be approved by DSBO.

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

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

3. Commitment to MWBE Participation Submitter shall include with their submittal a completed DSBO form, entitled “Commitment to MWBE Participation,” stating their committed MWBE participation percent on this project.

The committed participation level will be inserted into any resulting contract and the Consultant must comply with that committed participation amount during the term of the contract.

4. Good Faith Effort

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

The statement of good faith efforts should address each of the categories outlined in the DSBO Ordinance, § 28-128 D.R.M.C., and any additional criteria established by rule or regulation. As part of their good faith efforts, Submitters are encouraged to solicit the support and assistance of DSBO by contacting the procuring agency’s Contract Administrator (CA)/Buyer with specific questions; the CA/Buyer will coordinate with DSBO to reply thereto.

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

To award a contract to a submitter that has failed to meet the MWBE requirement, DSBO will determine whether Submitter made good faith efforts to actively, effectively, and aggressively seek MWBEs to meet the MWBE requirement prior to submission, which determination shall include consideration of Submitter’s MWBE Utilization Plan strategies to meet their MWBE participation commitment. Failure of Submitters to show good faith efforts shall render their submittal ineligible for further consideration with the City.

5. DSBO Program Requirements Handbook – Signature Statement Submitter must submit the completed and signed Signature Statement page of the DSBO Program Requirements Handbook with their submittal documents to be found responsive.

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

6. MWBE Utilization Plan Submitter shall include with their proposal a completed DSBO form, entitled “MWBE Utilization Plan,” stating their strategy for meeting the MWBE requirements, including certified small business utilization and expectations for their lower tiered MWBE-certified firms. To meet the MWBE Utilization Plan minimum responsiveness requirements, Submitter must meaningfully address each of the form’s sections; any section that is blank or has “N/A” as a response may deem the proposer non-responsive. Contract execution will be conditioned upon a DSBO-approved MWBE Utilization Plan, unless DSBO has determined that Submitter made a 0%-participation good faith effort.

Exception: if Submitter is submitting documentation of a good faith effort that states that they can only meet 0% of the MWBE requirement, they are exempt from this responsiveness requirement and need not submit a completed MWBE Utilization Plan form.

7. Authority

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

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

III-12 Certification of Independent Price and Work Determination

By providing this submittal, each Submitter, and in the case of a joint submittal, each party thereto, certified, that, in connection with this procurement:

https://www.denvergov.org/dsbo

A. Prices and specific work processes in this submittal have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other submitter or with any competitor, or with any party contracted by DEN to design and/or manage all or part of the program or work of which this RFQ is a part;

B. Unless otherwise required by law, the prices quoted and specific work processes described in this submittal have not been knowingly disclosed by the Submitter and will not knowingly be disclosed by the Submitter prior to opening, directly or indirectly to any other submitter or to any competitor or to any party contracted by DEN to design and/or manage all or part of the program or work of which this RFQ is a part; and

C. No attempt has been made or will be made by the Submitter to induce any other person or firm to provide or not to provide a submittal for the purpose of restricting competition.

Further, each person signing Attachment 1, Part 1 Submittal Acknowledgement Letter, for this submittal certified that:

D. They are the person in the submitter’s organization responsible for the decision as to the prices being offered herein and that they have not participated, and will not participate, in any action contrary to subsection (a) through (c) above; or

E. He / She is not the person in the submitter’s organization responsible for the decision as to the prices being offered herein but that they have been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to subsections (a) through (c), above, and as their agent does hereby so certify; and they have not participated, and will not participate, in any action contrary to subsections (a) through (c), above.

A submittal will not be considered for award where subsections (a), (c), (d) or (e), above, have been deleted or modified. Where (b) above has been deleted or modified, the submittal will not be considered for award unless the Submitter furnishes with the submittal a signed statement which sets forth in detail the circumstances of the disclosure and the Chief Executive Officer (CEO), or its designee, determines that such disclosure was not made for the purpose of restricting competition.

III-13 Designation of Subcontractors

The Submitter shall describe the qualifications of each subcontractor which it intends to use and the percentage and scope of the work which will be assigned to each of them. Resumes for the subcontractor’s key personnel must be included.

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

III-14 Payment

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

III-15 Disclosure of Legal and Administrative Proceedings and Financial Condition A. The Submitter shall provide (at time of submittal) a statement which shall disclose all legal or administrative proceedings that involve a civil claim in excess of Fifty Thousand Dollars ($50,000) in which the Submitter, its principals or key personnel were a party in the last five years. The Submitter shall include in the statement:

1. The caption of the action naming all parties;

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

3. A brief description of the action, the amount of the claim and whether the action involved performance under any public or private construction contract; and

4. The outcome or disposition of the action.

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

C. The Submitter shall provide (at time of submittal) a statement as to whether the Submitter, its principals, or key employees presently, or in the past, are or have been involved in any debarment or suspension proceedings. Please include a description of any proceedings which prohibited or limited the Submitter from bidding or entering into any contract with any federal, state, or local government entity. Include a brief description of the reason(s) for such action having been taken, the effective dates thereof and the governmental agency.

If the Submitter is a partnership or joint venture, please include a statement disclosing the information listed in subparagraph A and B, above, for each partner or joint venturer. If the Submitter is fifty percent (50%) or greater owned by another entity or individual, please include a statement disclosing the above information for such entity or individual.

D. The Submitter shall provide (at time of submittal) a statement as to whether the Submitter, its principals or key employees have been convicted of any crime related embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, fraud, unfair trade practices, violation of state of federal antitrust statutes, or other law indicating a lack of business integrity or business honesty or have been convicted of any other felony in any jurisdiction within the last five (5) years. Include the current status of any such principal or key employees.

E. The Submitter shall disclose (at time of submittal) its Dun & Bradstreet identification number. If the Submitter is a partnership or joint venture, it must provide the Dun & Bradstreet identification number for each partner of a joint venture.

F. If the Submitter is a publicly held company, it shall provide (at the time of submittal) a list of any holders of ten percent (10%) or more of its stock.

G. During contract negotiations or at any time during the term of the executed contract, the Submitter may be asked to provide the following:

1. An audited statement of overhead rates, payroll taxes and operating (profit) margin used to calculate hourly billing rates for DEN and approval. If the Submitter does not have audited overhead rates, a Core Staff Labor Rates sheet, may be requested for each entity without audited overhead rates. This statement shall cover the Submitter’s most recently completed fiscal year and shall be signed by a certified public accountant as a Certified Audited Statement in which the accountant expresses his or her opinion as to the fairness with which the statement represents the Submitter’s financial position, results of operations and changes in financial position.

2. If the Submitter is a partnership or joint venture, a Certified Audited Statement is required for each partner or joint venture. If the Submitter does not have audited overhead rates, a Core Staff Labor Rates Sheet, may be requested for each entity without audit overhead rates. If any individual owns thirty-two percent (32%) or more of the Submitter, a Certified Audited Statement is required for each such individual or if a Certified Audited Statement is not available, then the individual must supply copies of his or her federal tax returns for the prior two (2) years.

3. If a Submitter is a small business as defined by the United States Small Business Administration, the Submitter may elect to provide copies of its Federal tax return for the prior two (2) years and prepare a Core Staff Labor Rates Sheet, in lieu of a Certified Audited Statement.

4. A signed statement certifying that no material or significant changes have occurred since the date of completion of the Certified Audited Statement, or the filing of the Federal tax return and the date of the submittal.

III-16 Insurance Requirements

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

DEN.COI@flydenver.com.

III-17 Governmental Immunity

Submitters and subcontractors understand and agree that the City, its officers, officials and employees are relying on, and do not waive or intend to waive by any provisions of this Contract, the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, §§ 24-10-101 - 120, C.R.S., or otherwise available to the City, its officers, officials and employees.

III-18 Security (Not Applicable) After receiving an executed contract, the Submitter shall be deemed a Contractor of DEN. The Contractor (or subcontractor) requiring access to the Controlled Area, Sterile Area or Secured Area shall become a “Participant” in the Airport Security Program and remain in good standing in order to retain Airport Security privileges.

Participant guidelines are outlined in Rules and Regulations Governing the Denver Municipal Airport System Rules and Regulations Part 20. A Contractor must be sponsored by an Air Carrier, Tenant or by the City. Once a Contractor company has been sponsored, they must designate an Authorized Signatory.

The sponsorship establishes that a Contractor (or subcontractor) has legitimate business at the Airport.

All construction Contractors must submit a Participant Sponsorship form signed by their sponsor. A company sponsoring a Participant shall immediately notify Airport Security when any sponsorship is terminated.

A subcontractor company working under its own entity must be sponsored by a Contractor company. The subcontracting company must designate its own Authorized Signatory(ies).

mailto:DEN.COI@flydenver.com

Each Participant shall designate an Authorized Signatory to ensure the Participant’s compliance with the Airport Security Program and act as the point of contact between the Participant and Airport Security. The Authorized Signatory shall be designated in writing to Airport Security by the Participant.

The Authorized Signatory is responsible for signing and verifying all information on the Denver International Airport Fingerprinting and Badging applications. All submitted applications must be an original. It is the Authorized Signatory’s responsibility to ensure that Airport Security maintains valid contact information. The Authorized Signatory must maintain a current and valid Airport Identification Badge (ID Badge).

The security status of the Airport is subject to change without notice. Should the security status of the Airport change at any time during the term of the Contract, a written notice shall be issued to the Contractor, detailing all applicable security modifications. The Contractor must take immediate steps to comply with those security modifications.

The Contractor shall return to DEN, upon Contract completion or termination, or upon demand by DEN, all access keys and Airport ID Badges issued to it by DEN to Controlled Areas, Sterile Areas, or Secured Areas of the Airport. If the Contractor fails to return any such Airport ID Badge(s) or Airport Security Key(s) at Contract completion or termination or upon demand by the DEN, the Contractor shall be liable to the DEN for all DEN’s costs, including the DEN’s labor costs for re-coring doors and any other work which is required to prevent compromise of any Airport Security system. In order to collect such costs hereunder, the DEN may withhold funds in such amount from any amounts due and payable to the Contractor under the Contract.

Airport Security must be immediately notified if an Airport ID badge or security key is lost or stolen and must be notified immediately upon the termination of an individual’s employment. Pursuant to 49 CFR Part 1520.04-10(d) a fee shall be assessed against any employer who fails to return an Airport ID badge or security keys upon the termination of an individual’s employment, transfer, or completion of a project or contract. An additional fee may be requested to cover the administrative cost of processing a lost badge or security key.

III-20 Background Checks (Not Applicable) Every individual requesting…