5280 Connectors, Public Statement of Qualifications
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Nicholas Farber June 29, 2015 Enterprise Specialist High Performance Transportation Enterprise 4201 E. Arkansas Ave., Room 230 Denver, CO 80222 (720) 248-8544 [email protected] Public Disclosure Statement of Qualification (“Public Disclosure SOQ”) Mr. Farber, I am pleased to submit this Public Disclosure SOQ to the Procuring Authorities for the I-70 East Project on behalf of 5280 Connectors. 5280 Connectors has provided a version of the SOQ that redacts the information specified in Form B (Confidential Contents Index) of the SOQ and other information necessary in order to be consistent with each of the references to the items stated in Form B. Accordingly, in connection with the Request for Qualifications dated March 25, 2015 (as amended by the addendum dated May 29, 2015) (the “RFQ”) issued by the High Performance Transportation Enterprise and the Bridge Enterprise, divisions of the Colorado Department of Transportation, in relation to the I-70 East Project (as defined therein), under penalty of perjury I hereby certify on behalf of 5280 Connectors (the “Proposer”) that the enclosed digital and physical copies of Proposer’s Public Disclosure SOQ (as defined in the RFQ) have been prepared in compliance with Section 5.7.3 of Part B of the RFQ, and I further acknowledge that the Procuring Authorities are relying on my certification to this effect. If you have any questions or would like to discuss any aspect of the foregoing, our redacted SOQ or our Form B, please do not hesitate to contact the undersigned. We look forward to working alongside the Procuring Authorities during the RFQ selection process. Sincerely, Brian Clark Official Representative for 5280 Connectors FORM A: SUBMITTAL LETTER Proposer Name: 5280 Connectors Proposer's business address: 1700 Lincoln Street, Suite 300, Denver, CO 80203 SOQ Submission Date: June 22, 2015 High Performance Transportation Enterprise and Colorado Bridge Enterprise c/o High Performance Transportation Enterprise Colorado Department of Transportation 4201 E. Arkansas Avenue, Room 230 Denver, Colorado 80222 Attn: Michael Cheroutes, HPTE Director and Shailen Bhatt, CDOT Executive Director acting as BE Executive Director Re. Submission of SOQ in connection with the I-70 East Project 1. Introduction. (a) 5280 Connectors (the “Proposer”) submits this statement of qualifications (this “SOQ”) in response to the Request for Qualifications dated March 25, 2015 (as amended by Addendum No. 1 thereto dated May 29, 2015, the “RFQ”) issued by the High Performance Transportation Enterprise (“HPTE”) and the Bridge Enterprise (“BE”), each of which is a division of the Colorado Department of Transportation, in relation to the I-70 East Project. (b) Capitalized terms not otherwise defined in this letter have the meanings given to them in the RFQ. (c) References to Sections and Parts herein are references to Sections and Parts of the RFQ. 2. Enclosures. (a) Enclosed, and by this reference incorporated herein and made a part of this SOQ, are each of Volume 1 Volume 2 of the SOQ as required to be submitted in accordance with the RFQ. This letter itself constitutes the Submittal Letter. (b) For the Procuring Authorities’ ease of reference: (i) attached as Annex A to this letter is a reference chart indicating the conclusions of Proposer’s evaluation of each element of the SOQ for compliance with the Pass/Fail Evaluation Criteria; and (ii) attached as Annex B to this letter is a reference chart indicating each element of the SOQ that Proposer believes is relevant to each of the Substantive Evaluation Criteria. 3. Representations and Warranties; Acknowledgments and Agreements. (a) Proposer represents and warrants to HPTE, BE and CDOT that it (i) has read the RFQ (including Addendum No. 1 thereto) and (ii) agrees to abide by the contents and terms of the RFQ and the statements and commitments in Proposer’s SOQ. 1 5280 Connectors of Section 1.4.3 of Part B, including the limitation on Proposer’s ability to rely on such information and materials. (c) Proposer acknowledges and understands that, under the terms of the RFQ, the Procuring Authorities have reserved to themselves a number of rights related to the selection of Short-listed Proposers and the procurement of the Project, including as set out in Section 9 of Part B. (d) Proposer further understands that all costs and expenses incurred by it in preparing this SOQ and participating in the Project procurement process will be borne solely by Proposer, other than as may be expressly provided for in the RFP. (e) Proposer agrees that, in accordance with Section 6.2.3 of Part B, it, and not the Procuring Authorities, will be responsible for any errors, omissions, assumptions, inaccuracies or incomplete statements in its SOQ. (f) Proposer acknowledges and agrees to the protest provisions set out in Section 8.1 of Part B and understands that such provisions limit Proposer's rights and remedies to protest or challenge any aspect of the RFQ process or any determination or short-listing thereunder. 4. Official Representative. For the purpose of any future communications, the “Official Representative” for Proposer is: Name: Brian Clark Title: Senior Vice President Employer: Plenary Group USA Ltd. Address: 1700 Lincoln Street, Suite 300, Denver, CO 80203 Phone (office): 604-638-3966 Phone (mobile): 604-761-0117 Email: [email protected] Fax (if any): N/A 5. Governing law. This letter shall be governed by and construed in all respects according to the law of the State of Colorado. Under penalty of perjury, I hereby swear and affirm that I am authorized to act on behalf of Proposer in signing and delivering this letter, and acknowledge that the Procuring Authorities are each relying on my representation to this effect. Proposer: 5280 Connectors By: _____________________________________ Printed Name: Brian Clark Title: Official Representative 2 5280 Connectors Under penalty of perjury, each of the undersigned: (a) certifies on behalf of the entity for which he or she signs that: (i) the Official Representative named above is authorized by the relevant entity to sign this Submittal Letter on behalf of Proposer; and (ii) the representations, certifications, statements, disclosures, authorizations and commitments made, and information contained, in the SOQ (including, for the avoidance of doubt, in Form D (Legal Disclosures)) in respect of such entity have been authorized by such entity, is or are correct, complete and not materially misleading; and (b) swears and affirms that he or she is authorized to act on behalf of the entity for which he or she signs and acknowledges that the Procuring Authorities are each relying on his or her representation to this effect: Lead Engineer: Plenary Group USA Ltd. By: _____________________________________ Printed Name: Brian Budden Title: Executive Director 3 5280 Connectors Under penalty of perjury, each of the undersigned: (a) certifies on behalf of the entity for which he or she signs that: (i) the Official Representative named above is authorized by the relevant entity to sign this Submittal Letter on behalf of Proposer; and (ii) the representations, certifications, statements, disclosures, authorizations and commitments made, and information contained, in the SOQ (including, for the avoidance of doubt, in Form Q (Legal Disclosures)) in respect of such entity have been authorized by such entity, is or are correct, complete and not materially misleading; and (b) swears and affirms that he or she is authorized to act on behalf of the entity for which he or she signs and acknowledges that the Procuring Authorities are each relying on his or her representation to this effect: Equity Member: By: Printed Name: Title: Director 4 5280 Connectors Under penalty of perjury, each of the undersigned: (a) certifies on behalf of the entity for which he or she signs that: (i) the Official Representative named above is authorized by the relevant entity to sign this Submittal Letter on behalf of Proposer; and (ii) the representations, certifications, statements, disclosures, authorizations and commitments made, and information contained, in the SOQ (including, for the avoidance of doubt, in Form Q (Legal Disclosures)) in respect of such entity have been authorized by such entity, is or are correct, complete and not materially misleading; and (b) swears and affirms that he or she is authorized to act on behalf of the entity for which he or she signs and acknowledges that the Procuring Authorities are each relying on his or her representation to this effect: Joint venturer in Skanska USA Civil West Rocky Mountain District Lead Contractor: By: l/J£of/AJ) 0 Printed Name: William C. Broughton Title: Sr. Vice President, General Manager 5 5280 Connectors Under penalty of perjury, each of the undersigned: (a) certifies on behalf of the entity for which he or she signs that: (i) the Official Representative named above is authorized by the relevant entity to sign this Submittal Letter on behalf of Proposer; and (ii) the representations, certifications, statements, disclosures, authorizations and commitments made, and information contained, in the SQQ (including, for the avoidance of doubt, in Form Q (Legal Disclosures)) in respect of such entity have been authorized by such entity, is or are correct, complete and not materially misleading; and (b) swears and affirms that he or she is authorized to act on behalf of the entity for which he or she signs and acknowledges that the Procuring Authorities are each relying on his or her representation