THE MILE HIGH CITY

DENVER®

On-Call Landscape Improvements and Irrigation Construction Services for

Department of Public Works and Department of Parks and Recreation
Project Number: RJO1009JH I

Date of Issuance: October 172011

CITY AND COIWEY OF DENVER REQUEST FOR PROPOSALS On-Call Landscape Improvements and Irrigation Construction Services NOTICE OF INVITATION The Department of Public Works. City and County of Denver, has issued a Request for Proposals (the “RFP”) for the project and services named above. RFP documents are available at: www.denveroyrDP\VContrjjct2dmin. Anyone who downloads the RFP document should register with beeeehrem@denver2ov.org to be added to the plan holder’s list for this project.
Printed Responses are due at 11:00 a.m. MST November 21, 2011, delivered to Parks and Recreation, Attn: BeeGee Brem, 201 W. Colfax, Ste. 613, Denver, CO 80202. A Pre-Proposal Meeting will be held at 10:00 a.m.MST, October 26, 2011. in Conference Room 6.E.1, 6t13 Floor, Webb Municipal Building, 201 West Colfax Avenue, Denver, CO 80202. Interested firms are encouraged to attend. Proposers are responsible for any information conveyed at this meeting. General Description of Services and Project: The Department of Parks and Recreation (the “Department”) has identified a need for the performance of high quality landscape architectural and irrigation construction services at various facilities on a continuing, on-call basis. These discrete projects are generally in the $25,000 to $400,000 budget range and often require prompt performance on short notice. Actual work will likely consist of, but will not be limited to grading, drainage, concrete and asphalt pavements, landscape structures, concrete curb and walls, landscape planting, seeding and sodding, and construction and modification of irrigation systems. Minority and Women Business Enterprise Participation: The Project goal of ten percent (10%) Minority and Women Business Enterprise (MIWBE) Participation must be met with certified participants as set forth in Section 28-65, D.RM.C. or through the demonstration of a sufficient good faith effort under Section 28-67 D.R.M.C. For compliance with good faith requirements under Section 28-67(b), the M/WBE percentage solicitation level required for this project is 100%. Proposers can exceed the minimum required participation goal in their proposals, but if successful, will be obligated to achieve that proposed goal over the duration of the contract. Contractor Prequalilication: Each proposer must be pre-qualified in the Work Category of 2(a) Landscape Improvements, with a Financial Limit of One Million Five Hundred Thousand Dollars ($1,500,000.00). Prevailing Wage: Contracts for construction, reconstruction, and remodeling are subject to the City prevailing wage rate requirements established pursuant to Section 20-76. D.R.M.C. General Information: As the City’s best interests may appear, the Manager of Pubhc Works reserves the right to waive informalities in, and to reject any or all, proposals. Publication Dates: Published In: October 19, 20, 21, 2011 The Daily Journal

I Ltrndscape and Irrigation Services Denver Parks and Recreation October 17, 2011

REQUEST FOR PROPOSALS On-Call Landscape Improvements and Irrigation Construction Services Project Identification Number RZ13203_526 Seclion .1 Introduction

By issuance of this Request for Proposal (the “RFP”), the City and County of Denver, acting through the Manager of Public Works, invites your firm to participate in a competitive selection process to participate in the Department’s On-Call Landscape Improvements and Irrigation Construction Services to be employed to complete as yet unidentified Parks and Recreation projects. At the conclusion of this process, the City intends to engage a limited number of highly experienced, capable and qualified Landscape Improvements and Irrigation Construction service organizations to perform the required services as a participant in the Program and to accomplish assigned projects in a prompt, efficient and cost effective manner. Section 2

Invitation to Submit a Proposal:

In making a final selection recommendation, the competitive selection process provided for under this RFP will focus consideration on the qualifications and prior history of similar performance of each submitting firm and proposed team member, in accordance with the selection criteria set forth in this RFP. Thoughtful written responses to this RFP will enable the City to select the most qualified firm. As provided for in the City Charter and Section 20-56 of the Denver Revised Municipal Code (the “D.R.M.C.”), the Manager of Public Works reserves the right to terminate, suspend or modify this selection process at any time; reject any or all submittals at any time; and waive any informalities, irregularities or omissions in submittals at any time, all as the best interests of the City may appear. A. Tentative Selection Schedule: Issuance of Request for Proposal Pre-Proposal Conference Deadline for Submitting Questions Response to Questions Joint Venture Paperwork due to DSBO (if applicable) Responses to RFP Due Short-List for Interviews Interviews (if necessary) Contractor Selection Begin Contract Execution

October 19. 2011 10:00 am., October 26, 2011 November 7,2011 November 14, 2011 November 21. 2011 11:00 an’., November 21. 2011 November 28. 201l December 5-9, 2011 December 12. 2011 December 12. 2011

Section 3

On-Call Program Description:

The Department of Parks and Recreation (the ‘Department”) has identified a need for the performance of high quality landscape improvements and irrigation construction services at Department facilities on a continuing basis. These discrete projects are generally in the $25,000 to $400,000 budget range and often require prompt performance on short notice. Actual work will likely consist of, but will not be limited to grading, drainage, concrete and asphalt pavements, landscape structures, concrete curb and walls, landscape planting, seeding and sodding. and construction and modification of irrigation systems. To address this pressing need, the Department. in conjunction with the the Department of Public Works, has determined to implement an On-Call Landscape Improvements and Irrigation Construction Services Program (the “Program”) to accomplish these as yet to be determined projects in a prompt. efficient and cost effective manner.
Landscape and Irrigation Services Denver Parks and Recreation October 1 R 2011

A. On-Call Program Terms: Under the terms of the Program, the City may terminate the Contractor’s participation in the Program, for its convenience, on thirty (30) days written notice. Performance of all work tinder this Program shall be expressly subject to all applicable City requirements including: payment of prevailing wages and minority/woman owned business enterprise participation. As the need arises and funding is identifed. the City will issue Contractors selected to participate in the Program a “Proposal Pricing Request” for identified project work. Each Contractor contacted must then submit, at the time and place designated in the request, a Pricing Proposal to furnish all labor, tools, supplies, equipment, materials and everything necessary for arid required to do, perform and complete all of the Project Work described, drawn, set forth, shown and included in the Proposal Pricing Request. The Proposal will be in a lump sum format and shall include all markups for supervision, mobilization, general conditions, overhead (including bonds, insurance and taxes) and profit. The Department will select and contract with multiple experienced irrigation and landscape contractors (the “Contractor(s)”) to perform the needed services on projects, as they are identified, programmed, scoped and designed by the City. Since these services are required on a continuing basis, the City anticipates executing contracts with each awarded Program participant for a period of two (2) years, with a City option to renew at its discretion for two (2) one (1) year renewal terms. The selected Contractor will be required to maintain its team for the entire term of the contract or have proposed replacements accepted by the City and the requirements of the City’s M/WBE program. The City anticipates that each Program construction services contract will be for and not to exceed amount of One Million Five Hundred Thousand Dollars ($1,500,000.00). unless amended, and that individual project costs will not exceed $400,000.00. Each Contractor will be required to provide payment and performance bonding. with a surety acceptable to the City, for l00% of the cost of the program. Nothing contained in the Program Contract will entitle the Contractor to or guarantee the Contractor any minimum amount of work under the contract and the City reserves the right to terminate the contract. Unless otherwise provided for, proposals shall be considered confidential business information and will not be disclosed to other participants unless required by a court of law. The City will then evaluate the submitted proposals and award the Project to the lowest, responsive, responsible, qualified proposer by issuance of a formal Work Order to perform the specified work. Failure to timely submit good faith proposals to perform each project and to timely begin each project subsequently awarded will constitute a basis for termination of the contract.

B. Individual On-Call Project Terms:
Contractor will receive a scope of work for each individual project. Contractor will have at least seven (7) consecutive days to review the scope of work and provide a Pricing Proposal with a pricing worksheet (in the format provided by the City) to perform all described work and a project schedule. (Attachment No. I) Upon receipt of the Pricing Proposal pricing worksheet from Contractor, the Planner or Superintendent will review the proposals and issue a Work Order to the lowest responsive proposal. Upon receipt of a Work Order Notice to Proceed, the Contractor shall provide a schedule showing time frame for completing each individual project. The Contractor shall have ten (10) consecutive calendar days to commence the work. During the course of the work on each Work Order. the Contractor shall submit regular pay applications. The City shall issue payments for work completed in accordance with the terms and conditions of the Contract Documents. If additions, deletions or other modifications to the scope of work are required or desired by the City on a particular project authorized by Work Order, a Work Order Change will be issued based on pricing prepared in the same manner as Pricing Proposal and under the terms and conditions for issuance of a Change Order under the General Contract Conditions, The Work Order Change will identify any increase or decrease in the cost, change in the period of performance and any other modifications to the performance requirements for that particular Work Order. Upon completion and final acceptance of each Work Order, a Final Receipt will be issued and final payment for the Work Order will be made.
Landscape and Irrigation Services Denver Parks and Recreation October 19. 20]]

Contractor may also he directed to perform additional work or changes to the Work Order authorized performance under this contracting arrangement. Such work may only be performed upon issuance of a duly authorized Work Order Change. Each Work Order issued hereunder shall he subject to individual substantial and final completion procedures. Work Order close out procedures. and warranties. At his sole discretion, the Manager of Public Works reserves the right to reject ally or all proposals, modify and re-propose each project and waive informalities in the proposals. The Manager also reserves the right to tenninate the pmposal process at any stage and open the Project to general bidding and/or proposals pursuant to public advertisement.

Section 4— Provosal Submittal Requirements:
A. Technical Requirements for the Printed Submission: A printed response is requested in order to obtain detailed information for the selection committee about each proposing firm that will assist the committee in making a selection recommendation for a General Contractor. The printed response is not intended to be an elaborate or expensive exercise. It should be concise and well composed for simplicity and ease of understanding. Six (6) copies of the printed response to the RFP shall be submitted by each proposing firm. Each copy shall be bound with the punched GBC binding process; three ring binders are not acceptable. Please include the following information in the submittal response to this RFP: I. Cover Letter and Statement of Interest Bidder/Consultant Disclosure DSBO Forms Certificate of Insurance 2. Contracting Team Organization Chart: List the exact team of contractor personnel, consultants, and subcontractors who would work on this Program and describe their respective roles and responsibilities, Indicate the team’s experience working on projects with large public agencies and complex administrative processes. Key Project Management Personnel: Identify the proposed Project Manager, Project Superintendent, Cost Estimator, and Safety Lead stating the qualifications for providing pre-construction and construction services on this type, and size, and complexity of project. Also include the following for these key personnel: a. b. c. d. 4. Current resumes and job descriptions. Minimum number of hours per week these individuals will specifically dedicate to this project during the contract Other projects this individual is concurrently scheduled to participate in as a member of another project team throughout the duration of this contract. Personal references for this individual in the community outside of construction.

3.

Business / Administrative Practices:

Landscape and Irrigation Services Denier Parks and Recreation

October 19, 201!

Provide a description of your firm’s business and administration practices in the delivery of construction services on projects of similar size and scope. Describe how you will work with the City representatives, Parks and Recreation representatives, involved City Agencies. the design team and other specialty consultants. At a minimum, discuss the following items: I. 1 3. 4. 5. 6. 7. 8. 9. 5. Organization and authority Tcam building and partnering Program review, analysis. and reporting Design review and value engineering Quality assurance I quality control Estimating approach and reconciliation Management of subcontractors and disputes Business, accounting, and communication technologies Scheduling and fast4racking strategies

Construction Services: Provide a description of your firm’s management practices in the delivery of construction services on projects of similar size and scope. At a minimum, discuss the following items: I. 2. 3. 4. 5. 6. Scheduling and execution planning day to day management of the project Construction disruption mitigation Progress reporting and record keeping Commissioning and turnover of equipmcnt and systems Punch list items addressed in the post-construction phase and how to close out the project in a timely manner Describe how warranty and guarantee items will be addressed in the postconstruction phase

6.

Special Department Requirements: i. Multiple Concurrent Projects It is probable that multiple construction projects could be running simultaneously. Describe how your firm plans to schedule and implement multiple construction/irrigation projects at various locations, with different project managers and varying site conditions.
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ii. Change Orders Describe the methods used by- your firm to minimize conflicts in the Describe the construction documents and to reduce change orders. role your firm plays in reviewing the design for compliance to the building and zoning codes prior to construction.
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iii. Competitiveness This project will require that Contractor provide competitive proposals or subcontracted work. Describe how your firm would maintain a competitive environment and yet pre-qualify certain trades.
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iv. Safety Identify specific procedures and training that enhance your firm’s safety record, your use and implementation of project safety plans and your Worker’s Compensation Insurance record for the past five (5) years.
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Dent-er Parks and Recreation

Octnt,er I 9. 201?

vSustainahility Identify measures your firm has instituted to increase the efficiency of resources used in the construction process (fuel, water, building materials) and describe your specific experience with practices to minimize wastes such as soil erosion control/water quality BMP’s, material composting. reuse, and recycling practices.

7.

Work Order/Work Order Change and Subcontractor Mark Up: The Proposer shall submit a proposed percentage of mark up for base Work Orders and Work Order Changes over and above actual costs for materials, supplies and labor, mobilization and demobilization costs and a lump sum per day for all extended costs for additional work performed under this program. The proposer will need to submit proposed percentage mark ups for the primary contractor and any subcontractor used to perform the work. The two (2) categories are: 1) Base Work Order/Work Order Change which shall include labor, material, equipment and overhead costs; and 2) Subcontractor work, which shall not exceed the percentages set forth in the Proposer’s Project Proposal as follows:

1)

Work Order/Work Order Change Mark Up (Labor, Materials, Equipment and Overhead)

Single Mark-up

2)

Subcontractor Mark Up (Labor. Materials, Equipment and Overhead)

Single Mark-up

The maximum Contract Amount to be paid by the City to the Contractor for all work performed under the contract shall in no event exceed the sum of One Million Five Hundred Thousand Dollars ($1,500,000.00), unless the Contract is modified to increase said amount by a duly authorized, written Contract Amendment mutually agreeable to and executed by the parties hereto. The term of this agreement shall be two (2) years from the date of execution of the Contract, with a City option to renew at its discretion for two (2) one (1) year renewal terms initiated at the sole discretion of the City. 8. M!WBE Compliance Submission. See Section 6 of this RFP for detailed submission requirements. Failure to comply with these requirements will result in no further consideration of a proposal by the Manager. Proposers are required to submit with their proposal the following completed MJWBE forms (See Attachment 2): I. Joint Venture Affidavit and Eligibility Forms (If applicable) 2. Commitment to MIWBE Business Enterprise Participation 3. List of M/WBE Firms on Team 4. Corresponding Letters of Intent for each firm on the List

Section 5— General Information: A. Verification of Information: Proposers are hereby notified that the City will rely on the accuracy and completeness of all information provided in making its selection. As such, Proposers are urged to carefully review all information provided to ensure the clarity, accuracy and completeness of such information. As the City deems necessary and appropriate in its sole discretion, the City reserves the right to make any inquiries or other follow up required to verify the information provided. B. Colorado Open Records Act Documents submitted pursuant to this RFP will be subject to the Colorado Open Records Act, C.R.S. § 24-72-201. et. seq. Information clearly marked as confidential and proprietary will be kept confidential by the City, unless otherwise provided by law. The Colorado Open Records Act provides that trade secrets, privileged information, and confidential commercial, financial, geological,
5 L4indscape and Irrigation Services I)enver Parks and Recreation October 1 U 2011

or geophysical data furnished by any person to the City is not subject to disclosure in response to an open records request. The City will notify the Submitter if a request is made for such information so that the Submitter may take any action it deems necessary to defend the request. The Submitter and not the City shall be the entity responsible for defending against Colorado Open Records Act disclosures for any records claimed by the Submitter to he confidential and proprietary. C. Discrimination in Employment: In connection with the performance of work on this project, the selected Proposer agrees not to refuse to hire discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified, solely because of race, color, religion, national origin, gender. gender variance, age, military status, sexual orientation, marital status, or physical or mental disability; and the Contractor further agrees to insert the foregoing provision in all subcontracts hereunder. D. Applicable Laws: This selection process and the performance of any selected Proposer shall be subject to. governed by and construed in accordance with the laws of the State of Colorado and the Charter, Revised Municipal Code, Rules, Regulations, written policies and Executive Orders of the City and County of Denver, as the same may be amended from time to time. E. Addenda: As the City may require, addenda may be issued to supplement this RFP. All Proposers in receipt of the RFP must register with BeeGee Brem at beegee.brem@denverov,org for receipt of such addenda. The list of registered participants will be used to issue all communications regarding this RFP. including formal addenda and date changes. It shall be conclusively prestimed that each Proposer submitting a response has affirmatively registered with the City for this Project and has received all subsequent communications relating to the Project. Proposers will be responsible for all such information issued by this method. F. Questions and Communication: All questions must be submitted in writing via e-mail to BeeGee Brem at hge,bierndenveJgpiora. No verbal questions or inquiries will be accepted. The deadline for submitting questions is listed in the Tentative Selection Schedule. Anonymity of the source of specific questions will be maintained in the written responses. G. Prevailing Wage Requirement: In preparing any submissions hereunder, the Proposer must comply with and should carefully consider all requirements and conditions of the City’s Payment of Prevailing Wages Ordinance, Sections 20-76 through 20-79. D.R.M.C.. and any determinations made by the City pursuant thereto. H. Contractor Prequalification: Each proposer must be pre-qualified in the Work Category of 2(a) Landscape Improvements, with a Financial Limit of One Million Five Hundred Thousand Dollars ($1,500,000.00). Rules and Regulations Regarding Equal Employment Opportunity The Rules and Regulations regarding Equal Employment Opportunity have been promulgated and adopted by the Manager of Public Works pursuant to and by authority of Article Ill. Division 2, Chapter 28 of the Revised Municipal Code of the City and County of Denver for the purpose of insuring that contractors, subcontractors and suppliers soliciting and receiving compensation for contract work from or through the City and County of Denver provide equal opportunity in employment without regard to race, color, creed, sex, national origin, age, religion, marital status, political opinion or affiliation or mental or physical handicap and meet certain requirements for the hiring, training, promotion, and treatment during employment of members of ethnic groups subject to differential treatment, including persons of African descent (Black), Spanish-surnamed (Hispanic). Asian-American and American Indian Groups. The Rules and Regulations can be accessed at:
6 hvzdLccape and !rriearion Services Den er Parks and Recreation October 19. 201!

http://www.denvenzovorglPuhlic Works Manaiier/PublicWorksDcnartnientRulesRegulationsItahidl
O53/Default.isx

J.

Tax Requirements: a. General Proposers are referred to the General Contract Condition 322. TAXES, as to taxes to which they may be subject in performing the Work tinder this Contract, including hut not limited to sales and use taxes and the Denver Occupational Privilege Tax. The following instructions are to he considered along with the General Contract Conditions and not in lieu of them. b. Sales and Use Tax. Construction and building materials sold to contractors and subcontractors for use on structures, roads, streets, highways and other public works owned by the City and County of Denver are exempt from state, RTD, and Cultural Facilities District sales and use taxes. However, such materials will be subject to sales and use taxes imposed by the City and County of Denver. It is the responsibility of each contractor and its subcontractors to apply to the Colorado Department of Revenue (“CDOR”) for a certificate or certificates of exemption indicating that their purchase of construction or building materials is for a public project and to deliver to the City copies of such applications as soon as possible after approval to the CDOR. c. Denver Occupational Privilege Tax. Any employee working for a contractor or subcontractor who earns over S500.OO working in Denver during a calendar month, is subject to the payment of the Employee Occupational Privilege Tax. The Contractor and any subcontractor must pay the Business Occupational Privilege Tax for each of its employees who are subject to such tax.

K. Permits and Licenses: All permits, licenses and approvals required in the prosecution of the Project work shall be obtained and paid for by the selected contractor. L. Orange Book In contracting for the construction of genera) public improvements like this project. the City requires that all contracts comply with the terms and conditions of the Orange Book. All proposers arc urged to review the general contract conditions set forth in the Orange Book as they will be a part of any contract between the City and the selected proposer. The Orange Book can be accessed at: http://www.denvergov.oralCapital Proiects Center/ContractorBidlnformationltabid/4230691D efault.aspx M. Contract Review: Proposers shall undertake a detailed review of the Sample Agreement and submit with their proposal a list of all questions, issues, or modifications which the Proposer would like the City to review and address, should they be selected as the top ranked Proposer. The City shall assume that the Sample Agreement has been thoroughly reviewed and discussed with legal counsel prior to submission of the list of issues. Therefore, all Proposers are strongly advised to seek legal counsel prior to preparing such a list. N. Submission Ownership. Use and Rights: The City reserves the option of retaining any or all of the materials and drawings submitted by the Proposers/Respondents to this REP. Any unique or exclusive design concepts or features represented in the submission documents shall remain the property of the authoring Design Consultant. They may not be used by the City or other parties to design or construct any facility, in whole or in part, without the further agreement of, and compensation to. the authoring party.

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Section 6 Minority and Women’s Business Enterprise (MIWBE) Requirements:
The proposer is required to list their proposed Minority and Women Business Enterprise (MWBE) participation. All requirements listed below will need to be followed by proposers when submitting their proposals. Professional design and construction services contracts made and entered into by the City and County of Denver are subject to Article Ill, Divisions I and 3 of Chapter 28 of the Denver Revised Municipal Code, (D.R.M.C.) and the Minority and Women Business Enterprise Program’s Rules and Regulations adopted by the Director of the Division of Small Business Opportunity ØSBO). hich will be incorporated into any agreement entered into as pan of this selection process. Article Ill. Division 1 of Chapter 28 D.R.M.C. provides for the adoption of a MBE/WBE Business Enterprise Goals Program to be administered by DSBO. As such, each Proposer must comply with the terms and conditions of this division in submitting its proposal and, if awarded the Contract, in performing all work thereunder. A Proposer’s failure to comply with the requirements and any Rules or Regulations promulgated pursuant thereto, or any additional requirements contained herein shall render its proposal non-responsive and may constitute cause for rejection. The MBE/WBE Business Enterprise Goals Program Ordinance and its Rules and Regulations can be site web DSBO’s at on proposers reviewed by http://www.denvergov.org/oedlDenverOfficeofEconomicDevelopment/BusiriessServiceslDoBusinesswith theCity/Compl iance/tabid/435884/Default.aspx. In order to comply with the proposal requirements of Article III, Divisions 1 and 3 of Chapter 28 of the Denver Revised Municipal Code, Proposer shall either meet the specific MBE/WBE goal for this project or, in the alternative, demonstrate that Proposer has made sufficient good faith efforts to meet the goal in accordance with good faith provisions listed in D.R.M.C. 28-67. In preparing a proposal, which seeks to comply with D.R.M.C. 28-65 requirements by meeting the Project goals, Proposer should consider the following instructions relating to compliance: The Director of the DSBO has established a project goal for expenditures for professional I. construction services performed for the City and County of Denver. The specific goals for this project are as stated in the Request for Proposals bound herewith. 2. In preparing its proposal, each Proposer shall list on the page entitled “List of Proposed MWEE or DBE Bidders, Subcontractors, Suppliers (Manufacturers) or Brokers,” the name, address, work description/supply, committed level of participation expressed as a percentage and, as applicable, an actual dollar amount. Other required information for each MBE or WBE, of any tier, which the proposer intends to utilize in performing services or supplies on this Project must he included. Only the MBEs or WBEs identified on the list and only the precise levels of participation committed to for each MBE or WBE listed on a Consultants participation page at the time the proposal is submitted will be considered in determining whether the proposer has met the MBEJWBE goal. Subsequent additions, revisions or corrections to participation will not count towards meeting the Project goaL MBE or WBE Prime Consultant may count only the value of the work that it self-performs towards the MBE[WBE project goal. In a joint venture with a MBE(s) or WBE(s) only the portion equal to the distinct and clearly defined scope of work performed by the MBE(s) or WBE{s) counts in meeting the MBE/WBE project goal. If a bidder/proposer is participating in a joint venture with a certified MJWBE firm, complete the Joint Venture Eligibility form and Joint Venture Affidavit contained in this bid documentlRFP. Submit the aforementioned forms with the firm’s Joint Venture Agreement, to the DSBO
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Director, at least ten (10) working days prior to the proposal submittal. The Joint Venture must he approved prior to the hid opening or proposal submittal by the DSBO Director. Approval by the DSBO Director includes determining the amount the Joint Venture will count towards meeting the project goal.
All MBE or WBE firms listed within the Proposal document must be properly certified by the 3. City on or before the date of Proposal submission in order to count towards meeting the goal. The City maintains a MBEIWBE Directory, which contains currently certified Finns. The DSBO MBE/WBE Directory can be accessed on its website at

theCiR/Compliance/tahid/435884efaultx. Proposers are encouraged to use this list to assist in locating MBEs and/or WBEs for the services/supplies required on the Project. Proposers are hereby notified that changes may be made to the list at any time and the most current certification list must always be used in preparing a proposal. MBE or WBE certification does not, however, constitute a representation or warranty by the City as to the qualifications of any listed MBE or WBE firm. 4. In accordance with D.R.M.C. 28-69. DSBO will evaluate each proposal to determine the responsiveness of the proposal to the MBEJWBE requirements. In determining if Proposer identified MBEs and/or WBEs and committed levels of participation comply with the Division 1 and 3 of Article III of Chapter 28. D.R.M.C. requirements and, more specifically, meet or exceed the stated ? BE/W’BE goal. DSBO shall base its determination solely on the information provided in the Proposal document. In reviewing committed levels of participation to determine whether or not the a. stated commitments meet the goal, DSBO will evaluate and total the levels presented using the following process. If the City requests a lump sum or maximum fee amount as part of the proposal process. DSBO will total the actual dollar amount and corresponding percentage amount of participation stated for each MJWBE firm listed. If the City does not require a lump sum or maximum fee amount as part of the proposal document, DSBO will total only the percentage amount of participation stated for each MBE or WBE firm listed. If actual dollar amounts are required, DSBO will determine the exact b. commitment percentage for each listed MBE or WBE firm by dividing the dollar amount listed for each firm by the lump sum or maximum fee dollar amount submitted by the Proposer. These individual percentages, when totaled for all listed MBEs and WBEs will establish the total committed percentage level of MBEIWBE participation that the Proposer must comply with during the life of the Agreement. In all cases, the committed percentage level of MBEIWBE participation must equal or exceed the assigned MBE/WBE goal in order to comply with the Divisions I and 3 of Article III of Chapter 28, D.R.M.C. When calculating participation levels, percentages or dollar amounts for each c. listed MBE or WBE to ensure compliance with the goal, Proposer must never round up in determining whether or not the total of these amounts meets or exceeds the particular percentage goal. The goal must be met or exceeded in percentage amounts and, where applicable, in actual dollar amounts for DSBO to determine that the Proposer has met or exceeded the goal. On proposals where a MBE or WBE supplier is listed for participation. its d. participation will count one hundred percent (100%) of the value of the commercially useful function performed on contracts of less than Five Million Dollars (S5.000,000). However, on contracts of more than Five Million Dollars ($5,000,000) a supplier’s
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participation will count for only sixty percent (60%) toward satisfaction of the Project goal. Unless otherwise specified in a request for qualifications, request for proposal, or e. other proposal solicitation, all proposals for the provision of on-call services for a period of time and with no delineation of the dollar amount for specific on-call projects, the Proposer need list only the anticipated percentage level of committed participation for each listed MBE or WBE. rather than specific dollar amounts. 5. In addition to the above referenced list, each proposer is required to fully complete. have executed and submitted a Letter of Intent (LOT) for each MBE or WBE listed in their proposal document as a subeontractoror supplier. An MBE or WRE Prime Contractor needs to submit a Letter of Intent for itself for self-performed work. The MBE or WBE Prime must list itself and its level of participation on the page the Proposer has desigirnted for MBEIWBE participation within its proposal submittal package. An MBEIWBE Letter of Intent form is attached hereto. This Letter of Intent is a written conimunication from the Proposer to the City evidencing an understanding that the Proposer has or will enter into a contractual relationship with each named MBE or WBE subcontractor and supplier. Each MBEIWBE Letter of Intent shall be accompanied by a copy of the City and County of Denver’s MBE certification letter for the named MBE/WBE. Proposers are urged to carefully review each Letter of Intent before submission to ensure that it is properly completed and executed by the appropriate parties. All MBE/WBE Letter/Letters of Intent shall be submitted with the Proposer’s proposal. In preparing a proposal, which seeks to comply with D.R.M.C. 28-67 by demonstrating a good faith effort, Proposer should consider the following instructions relating to compliance with the MBEIWBE requirements:

6.

If any Proposer is unable to meet the designated Project goal at the time of proposal submission or elects to present a good faith effort in lieu of or in addition to attempting to meet the goal, that Proposer must submit, with or before the submission of the proposal, a detailed statement, including supporting documentation, demonstrating its good faith efforts to meet the established MBE/WBE goal in accordance with D.R.M.C 28-67. This statement shall address each of the items identified in the good faith effort. A Proposer who fails to meet the Project goal and cannot show to the Department’s satisfaction that it made an adequate good faith effort to meet the goal shall be considered non-responsive. The statement of good faith efforts shall include a specific response to each of the following criteria, as further defined by rule or regulation. In addition, a Proposer may supplement its responses to include any additional information the Proposer believes may he relevant. Failure of a Proposer to demonstrate adequate good faith efforts as to any one of the following categories shall render the overall good faith showing insufficient and the proposal non-responsive. The required MBE/WBE good faith efforts are set forth below: If pre-proposal meetings are scheduled by the City at which MBEs and WBEs may be a. informed of subconsulting or joint venture opportunities under a proposed negotiated professional design and construction services contract, attendance at such pre-proposal meetings is not mandatory: however. proposers are responsible for the information provided at these meetings. The Proposer must solicit through all reasonable and available means the interest of all b. MBEs and WBEs certified in the scopes of work of the contracts. The Proposer must solicit the interest of such MEE’s and WBEs within sufficient time, prior to the date of the final projectspecific proposal, to allow such MBEs and WBEs to respond to the solicitation. The proposer must determine with certainty if the MBEs and WBEs are interested by demonstrating appropriate steps to follow up initial solicitations. The Proposer must select the portions of the services of the contract to be performed by c. MBE’s and WBEs in order to increase the likelihood that the project goal will he achieved. This
10 Landscape and Irrigation Senices Den ter Parks and Recreation October 19, 2011

includes, where appropriate, using best efforts to break out contract services items into economically feasible units to facilitate MBE and WEE participation as subcontractors or joint venturers, and for Proposer self-performed work, as suppliers, manufacturers, manufacturer’s representative and brokers, all reasonably consistent with industry and professional practice. cvcn when the Proposer would otherwise prefer to perform these with its ow-n staff. The Proposer must identify what portions of the contract will he self-performed and what portions of the contract were selected for solicitation of statements of qualification or proposals from MBE and WBEs. All portions of the contract not self-performed must be solicited for MBE and WBE participation. The ability or desire of a proposer to perform the services of a contract with its own staff does not relieve the Proposer of the responsibility to meet the project goal or demonstrate good faith efforts to do so. The Proposer. consistent with industry and professional practice, must provide MBEs and d. WBEs at a clearly stated location with timely, adequate access to and information about the plans specification, and requirements of the contract, including insurance requirements, if any, to assist them in responding to a solicitation. e. The Proposer must negotiate in good faith with interested MBEs or WBEs and provide written documentation of such negotiation with each such MBE or WBE. f. For each MBE or WBE contacted, or which the proposer contacts or attempted to subconsultant or joint venture with consistent industry and professional practice, the proper must supply a statement giving the reasons why the proper and the MBE or WBE did not succeed in negotiating a subconsultant, supplier, manufacturer, manufacturer’s representative, broker orjoint venture agreement, as applicable. The Proposer must provide verification that it rejected each non.utilized MBE and WBE g. because the MBE or WBE was not qualified. Such verification shall include a verified statement of the proposals received from potential or utilized subeonsultants, suppliers, manufacturers. manufacturer’s representatives or brokers on the contract, whether or not they are MBE’s or WBE’s. In making such a determination of not being qualified, the Proposer shall be guided by the definition of qualified in section 28-54(42). For each MBE or WBE found not to be qualified by the Proposer, the verification shall include a statement giving the Proposer’s reasons for its conclusion. A proposer’s industry or professional standing or group membership may not be the cause of rejection of an MBE or WEE. A proposer may not reject an MBE or WBE as being unqualified without sound reasons based on a reasonably thorough investigation and assessment of the MBE’s or WBE’s capabilities and expertise. h. If requested by a solicited MBE or WEE, the Proposer must make reasonable effort to assist interested MBEs and WBEs in obtaining alternative payment or performance guarantees or insurance as required by the City or by the Proposer, provided that the Proposer need not provide financial assistance toward this effort. i. If requested by a solicited MBE or WBE, the Proposer must make reasonable efforts to assist interested MBEs and WBEs in obtaining necessary and competitively priced equipment, supplies, materials, or related assistance or services for performance under the contract, provided that the proposer need not provide financial assistance toward this effort. The proposer must use the DSBO MBE/WBE directories to identify, recruit and place j. MBEs and WE Es. In determining whether a proposer has satisfied good faith efforts as to a project goal, the success or failure of other proposers on the contract in meeting such project goal may be considered. 7. In accordance with the provisions of Divisions I and 3 of Article III of Chapter 28, D.R.M.C. the Proposer agrees that it is committed to meeting either the MBEIWBE participation goal or the MBE/WBE participation set forth in its statement of good faith efforts. If a Good Faith Effort was performed. that documentation must be submitted in the Proposer’s proposal at the time of proposal submission. The proposer must indicate either commitment on a page it designates as the Commitment to MWBE or SBE Participation. This fully executed statement of commitment must be included with the proposal and must address and confirm the following understandings:
‘‘ Landscape and Irrigation Sen ices Denver Parks and Recreation October 19. 201]

8. The Consultant understandsit must ,maintain the designated MBE/WBE goal or good faith commitments throughout the life of the Agreement, in accordance with the requirements set out in D.R.M.C. 28-72. The Consultant understands that it must establish and maintain records and submit regular 9. reports, as required, which will allow the City to assess progress in satisfying the MBEIWBE participation goal. 10. The Consultant understands that if amendments or any other agreement modifications are issued under the Agreement, the Consultant shall have a continuing obligation to immediately inform DSBO, in writing, of any agreed upon increase or decrease in the scope of work of such Agreement, regardless of whether such increase or decrease in scope of work has been reduced to writing at the time of notification. 11. The Consultant understands that if amendments or any other Agreement modifications are issued under the Agreement and such changes result in an increase in scope of services in an Agreement or otherwise increase the dollar value of the Agreement, whether or not such change is within the scope of work designated for performance by a MBE or WBE at the time of contract award, such changes shall be contemporaneously submitted to DSBO. Those changes., of any- kind or nature, that involve a changed scope of work that cannot be performed by existing project subconsultants or by the consultant, shall be subject to goals for MBEs or WBEs equal to the original goals on the Agreement. The consultant must satisfy such goals as respects. .such changed scope of work by soliciting new MBEs or WBEs as applicable pursuant to D.R.M.C. 28-73. or must show each element of a modified good faith effort pursuant to D.R.M.C. 28-75(c). The consultant shall supply to the Director for approval, the modified good faith effort documentation as required by D.R.M.C. 28-75(c). 12, All proposers are charged with knowledge of and are solely responsible for complying with each and every provision of Division I and 3 of Article Ill of Chapter 28, D.R.M.C.. in submitting a proposal and, if awarded, in performing the services or supplies described in the Agreement. Failure to comply with these provisions may constitute cause for rejection of a proposal or subject the selected Consultant to sanctions. These instructions are intended only to generally assist the Proposer in preparing and submitting a compliant proposal. Should any questions arise regarding compliance under specific circumstances, Proposer must consult Division I and 3 of Article Ill of Chapter 28, D.R.M.C., and its accompanying Rules and Regulations and is encouraged to contact the designated DSBO project representative at (720) 9131999.

Section 7—Bonding: In accordance with the provisions of General Contract Conditions, Title 15. PERFORMANCE AND PAYMENT BONDS, the City will require that the selected Contractor(s) provide performance and payment bonds with a surety acceptable to the City and in a form provided by the City for one hundred percent (lOOt/c) of the Work Order amount in a form provided by the City. Bonding in the amount of One Million Five Hundred Thousand Dollars (SI,500,000.O0) will be required upon notification of selection of the Contractor by the City. Section 8

On Call Contract Format:

The City shall select each program participant to enter into a form On-call Landscape Improvements and Irrigation Construction which will require that all work performed pursuant to an authorized Work Order be performed in accordance with the City and County of Denver, Standard Specifications for Construction, General Contract Conditions, 1999 Edition, as modified by any applicable special conditions. The form On-Call contract will be issued to selected Program participants upon notification of selection. The City will not vary its standard Agreement except in exceptional circumstances. Following review, the Proposer will sign the contract and submit executed copies along with fully executed bonds and insurance
12 Landscape and Irrigation Senices Denver Parks and Recreation October 19, 2011

documents. If documents are acceptable, the contract will be recommended for execution by the proper City officials. When the total process of Agreement execution is complete, a Notice to Proceed will be issued and a single executed copy of the Agreement will be delivered to the contractorny work performed or materials purchased prior to the issuance of Notice to Proceed is at the Proposer’s risk.

Section 9— RFP Authority, Administration, and Selection Criteria: A. RFP Authority: In accordance with the City Charter, the City’s Manager of Public Works is charged with the management and control of public improvement projects. It is the City’s expectation that this RFP and selection process will result in the selection of a firm or team to be retained in a professional capacity for the execution of the anticipated professional services described above.
This REP solicitation is issued by the Manager of Public Works pursuant to the authority vested in the Manager by the Charter of the City and County of Denver. the City’s best interests may appear, the Manager of Public Works reserves the right to terminate, modify or suspend the process, reject any or all submittals, modify the terms and conditions of this selection process and/or waive informalities in any submission. B. RFP Administration: The Manager hereby designates BeeGee Brem, Parks and Recreation, to serve in the capacity of administrator for this selection process and will be responsible for coordination of the procedures and rules specified in this RFP. managing this process and all other matters related to this process. In conducting the process in a fair and equitable manner, the administrator will serve as the primary intermediary between the proposers. the City. and the members of the Selection Committee, AU inquiries and questions regarding this RFP shall be directed to BeeGee Brem in the Parks and Recreation Department in writing via email at hce2ee.hrem@denverov.oEg Any applicant that contacts any member of the Selection Committee other than the designated contact from the date of issuance of the RFP and prior to the completion of the selection process may be disqualified from further participation in the selection process, at the City’s sole discretion. C. Selection Committee: The Selection Committee shall consist of Parks & Recreation representatives and other appropriate individuals as approved by the Manager of Public Works and the Manager of Parks & Recreation. The Selection Committee shall review the written responses to the RFP and is comprised of the following individuals: I. Mark Tabor 2. Doug Woods 3. Kent Sondgerath 4. Steve Forvilly 5. D. Evaluation Criteria: The proposals shall be evaluated according to the following general guidelines and other relevant considerations as determined by the Selection Committee, I. Staffing Plan organizational chart and personnel assigned to the project. 2. History in pre-construction design assistance, conceptual estimating, budget control, constructability reviews, schedule control and construction sequencing. 3. Involvement of subcontractors and suppliers and the plan to meet the MJWBE goals. 4. The subcontracting strategy for the project. 5. Overall qualifications and the history of other projects of similar size and scope including landscape and irrigation projects. 6. Adequacy and capability of the General Contractor and knowledge of the local construction market.

Lanttccape and Irrigation Services Denver Parks and Recreation

October 19, 2011

7. Past performance on similar projects and the documented ability to complete projects to meet a construction schedule and budget. 8. Ability to work harmoniously with the owner and the owner’s design team. 9. Overall project management ability. 10. Demonstrated sustainable development practices such as utilization of local building materials, minimal site disturbance, protection of soil and water resources, and waste recycling.

Section 10— Contractor Disclosure:
Section 20-69, D.R.M.C. requires the disclosure of the name of each officer, director, shareholder who owns or controls 5% or more of the business entity, principal, and owner of each proposing entity, AND either (I) disclosure of the names of the spouses of those individuals and the names of their children under the age of eighteen (1 8). or (2) a statement in lieu of the disclosure of the names of the spouses and children as set forth below in the “Certified Statement in Lieu of Disclosure”. The names of officers, directors. 5% shareholders, principals and owners must be disclosed in either event. Required disclosures also include the names of any subcontractor/supplier receiving more than S 100.00000 of work and the names of any unions with which the Proposer has a collective bargaining agreement. All proposers must submit a disclosure with their submittal.
.

Section 11 —Appended Documents Bidder/Consultant Disclosure Attachment One DSBO M/WBE Forms Attachment Two Sample Contract Attachment Three General Contract Conditions Exhibit A Project Proposal Solicitation Instructions Exhibit B Project Proposal Solicitation Form Exhibit C Project Bid Form Exhibit D Work Order Form Exhibit E Work Order Notice to Proceed Exhibit F Work Order Final Receipt Exhibit G Performance and Payment Bond Exhibit H Final/Partial Lien Release Form Exhibit I Certification of Payment Form Exhibit J Work Order Change Form Exhibit K Prevailing Wage Rate Schedule Exhibit L Technical Specifications and Parks Standards (if any) Exhibit M Certificate of Insurance Form Exhibit N

14 Inndccape and Irrigation Senices 1)enter Parks and Recreation Octol,er 19. 2011

Attachment One CITY AND COUNTY OF DENVER DEPARTMENT OF PUBLIC WORKS BIDDER/CONTRACTOR!VENDORJPROPOSER DISCLOSURE FORM

Bidding Entity’s/Propose(s Name

Date this form was completed
I ( Telephone Number

Address

City. State, Zip Code

Name of Officer/Owner completing this Form

INSTRUCTIONS 1. Section 20-69 of the Denver Revised Municipal Code provides that the public interest is best served by maximum disclosure of political contributions made to candidates seeking election to City office by persons transacting business with the City and County of Denver. This Disclosure Form was devised to insure that City Bidder/Contractor/Vendor/Proposers comply with all applicable requirements of Section 20-69. D.R.M.C. 2. Complete each applicable Section of this Form in accordance with the following instructions and return it to the appropriate City official as directed. If your business entity has previously submitted a Form and the information provided in this previously 3. submitted Form has not changed, you need only complete Section 6 and return the Form. If your business entity has not previously submitted a Form or any of the information contained in a 4. previously submitted Form has changed, you must identify in Section I the name of each of the following for your business entity: (a) any director, (b) any officer, (c) any principal, (d) any owner and (e) any shareholder who owns or controls 5% or more of your entity. 5. If you are required to complete Section 1, you must also EITHER: Identify in Section 2. for each person listed in Section 1, that person’s spouse. if any. and any (A) children of that person, under the age of eighteen (IS):

OR
Identify in Section 3. any person listed in Section I and any spouse or age eighteen (IS) or under (B) child of any person listed in Section I that made a CONTRIBUTION, as defined in D.R.M.C. 15-32. to any CANDIDATE. as also defined in flR.M.C. 15-32. during the last five (5) years. AND Certify in Section 4 that, except as disclosed in Section 3. no other person listed in Section I or any spouse or child under the age of eighteen (IS) of any person listed in Section I made a contribtition to any candidate, as these terms are defined in D.R.M.C. 15-32. during the last five (5) years. 6. And finally, if your bidlcontractlpurchase order/proposal includes subcontractors. suhconsultants or suppliers receiving more than 5100.000.00 thr any work performed. materials provided or services rendered or your business entity has a collective bargaining agreement with any union, you must identify each such suhcontractor/subconsultantlsupplier and each such union in Section 5.

‘-5 Landscape and Irrigation Services Denver Parks and Recreation October / 0, 2011

SECTION 1. MUST BE FILLED OUT BY ALL BIDDERJPROPOSERICONTRACTORJVENDOR: Identify below each individual having the noted relationship with the business entity listed above. Show appropriate letter in the box to the left. A = Officer. B= Director. C = Principal. D = Owner. E= Controller of 5% or more of the stock. If more than one category applies. show in second box. 9.[ IF I 11 1 2.[ I F 1 104 IF I ll.[ IF I 3-I 1 F I 4.j ][ J l2.[][ I 5.[ I F 1 134 IF I

l4.F l[ 1 7.[ I F I 15.[ IF I 84 IF ] 16.[J[ I EITHER FILL OUT SECTION 2 OR SECTION 3 AND SECTION 4 IF APPLICABLE.
1

F

SECTION 2. Identify below each individual that is the spouse or a child under the age of eighteen (18) of any individual listed in Section 1 above. Use the first box to designate relationship as follows; F = Spouse, 0 = Child under 18. Use the second box to identify relationship to person listed in Section 1 above. For example, if on Line 3 of Section 1 the name of John Doe is listed and his spouse, Jane Doe is listed on line 7 of Section 2, the number 3 should be placed in the second box of line 7 of Section 2.

[F I F I ][] 3.F ] [ ] 4.[ If] S.F IF] 6.[ I F I 7.[ ] [ ] 8.F ][]
2.[

9.HF I ] I I 13.H[ I
14.[
IF

l0.[][ [f IF l2.[][

l5.F]F I
l6.[][
]

SECTION 3. DISCLOSURE OF CONTRIBUTION BY PERSONS LISTED IN SECTION I AND DISCLOSURE OF ANY SPOUSE OR CHILD UNDER THE AGE OF EIGHTEEN (18) OF A PERSON LISTED IN SECTION 1 WHO HAS MADE A CONTRIBUTION: List the names of any person listed in Section 1 who has made a contribution and the name of any spouse or child under the age of eighteen (IS) of any person listed in Section 1 who has made a contribution during the last five (5) years. Use the first box to identify the person: A = Officer, B = Director, C = Principal. D = Owner, E = Controller of 5% or more of the stock. F = Spouse, 0= Child under 18, use the second box to identify relationship of spouse or child listed to person listed in Section I. L[ H] 9.F]FJ 2.[ IF] l0.FI[]
3.F IF]

44

IF I S.F II 1
6.[ If] 74 IF I 8.[ Jf]

ILF][] 124 IF] 34 IF I

l4.FIFI l5.[][]

l6.F][]

16 Landscape and Irrigation Sen-ice.c Denver Parks and Recreation October ig 2011

______ ___

SECTION 4.

CERTIFIED STATEMENT IN LIEU OF DISCLOSURE:

I hereby certify that, except as listed above, no officer. director. shareh( Ider who owns or controls 5% or more of the business entity. principal, owner or his or her spouse or child under eighteen years of age has made a contribution, as defined in Section 5-32 D.R.M.C.. or a contribution in kind, as defined at Section 15-32 D.R.M.C.. to a candidate. as defined at Section 15-32 D.R.M.C., during the last five years.

Authorized Signature of Officer/Owner of Business Entity
5. DISCLOSURE OF SUBCONTRACTORS, SUPPLiERS AND UNIONS. List the names of any unions with which your entity has a collective bargaining agreement and the names of any subcontractors or suppliers whose share of the amount to be paid by the City for this contract, purchase order or prosaI will exceed One Hundred Thousand Dollars tSlOO.000.00). identifying them in the box provided as follows: H = Subcontractor, I = Supplier. J = Union. SECTION

1.[

I

[ ]

9.[ ][

j

2.[ 3.[ 4.[ 5. [

][ II ][ I [

l0.[
IL[

1[ II I

I I I I

12.[][] 13. [ 14.[
][ ][ ][ H I I I I

6.[ 7.[ 84

I[ I [

I [

I

l5.[ 164

SECTION 6. CERTIFIED STATEMENT OF PREVIOUS DISCLOSURE. I hereby certify that the information required to be disclosed by Section 20-69(d) D.R.M.C. contained in responses to Sections I, 2. 3.4. 5 and 6 of this Forml for

[i.e. the information has

previously been furnished Name of Entity to the City and County of Denver and is on file with the City Clerk and further certify that such information is current as of the date indicated below.

Authorized Signature of Officer/Owner of Business Entity

Date

17 Landscape and Irrigation Services Denver Parks and Recreation October 19, 2011

Attachment Two

)lfA

D E NV E R
TX! I4GH CIII

JOINT VENTURE ELIGIBILITY FORM

Office of Economic Oevefopment Division of Small Business Opportunity Compliance Unit 201 West Colfax Avenue. Dept 907 Denver. CO 80202 Phone: 720-913-1999 Fax: 720-913-1803 DSBOdenvergov.org

Joint Venture means an association of two (2) or more business enterprises to constitute a single business enterprise to perform a City construction or professional design and construction services contract for which purpose they combine their property, capital, efforts, skills and knowledge, and in which each joint venturer is responsible for a distinct, clearly defined portion of the Work of the contract, performs a commercially useful function, and whose share in the capital contribution, control, management responsibilities, risks and profits of the join venture are equal to its ownership interest. Joint ventures must have an agreement in writing specifying the terms and conditions of the relationships between the joint venturers and their relationship and responsibility to the contract.
The Division of Small Business Opportunity (DSBO) requires the following information be provided from participants of a prospective joint venture, to assist DSBO in evaluating the proposed joint venture. This Joint Venture Eligibility form and the Joint Venture Affidavit apply if SBEs, MBEs, WBEs or DBEs participate in this joint venture. Please return this form, the Joint Venture Affidavit, and a copy of your Joint Venture Agreement to: Division of Small Business Opportunit 201 West Colfax Avenue, Denver, CO 80202, at least ten (10) working days prior to bid opening or proposal.

if you have questions regarding this process, please contact DSBO at 720-913-1999.

Joint Venture Information
Contact Person:

Name:

Address:
City:

Joint
Name:

I I Venture Participants
State: Zip:

j

Phone:

(
state: 1
Certifying Entity:

Contact Person:

Address: City: % Ownership: Zip:
Type Certification & Date: (S/MAN or DBE) Contact Person:

Type of Work for which Certification was granted: Name: Address: City:

I
Certifying Entity:

State:

Zip:

I

Phone:

% Ownership:

Type Certification & Date: (S/MAN or DBE)

Type of Work for which Certification was granted:

General Information
SBEJMBEANBE/DBjalppiContributions:$ Future capjal contributions (explain requirements) (attach additional sheets if necessary):
Source of Funds for the SBE/MBEiWBEJDBE Capital Contributions: Describe the portion of the work or elements of the business controlled by the SBE/MBEiWBE or DBE: (attach additional sheets if necessary)
-

18
Lundscape and b-rigation Senices Denver Parks and Recreation October 19. 201)

Describe the portion of the work or elements of the business controlled by non-SBEIMBEIWBE or DBE: (attach additional sheets if necessary)

JOINT VENTURE ELIGIBILITY FORM

General information
Describe the SBEJMBEWBE or DEE’s involvement in the overall management of the joint venture (e.g., participation on a management committee or managing board voting rights, etc.) (attach additional sheets if necessary)

Describe the SBE/MBE,WEE or DEE’s share in the profits of the joint venture:

Describe the SBE/MBEiWBE or DEE’s share in the risks of the joint venture:

-

—___________________

Describe there roles and responsibilities of each joint venture participant with respect to managing the joint venture (use additional sheets if necessary): a. SBEJMBEiWBE or DEE joint venture participant:

b.Non- SBE/MEEjWEE or DEE joint venture participant:

Describe the roles and responsibilities of each joint venture participant with respect to operation of the joint venture (use additional sheets if necessary): a. SBE/MEENJBE or DEE joint venture participant:

b. Non- SEE/MOE/WEE or DEE joint venture participant:

Which firm will be responsible for accounting functions relative to the joint venture’s business?

Explain what authority each party will have to commit or obligate the other to insurance and bonding companies, financing institutions, suppliers, subcontractors, and/or other parties?

Please provide information relating to the approximate number of management, administrative, support and non-management employees that will be required to operate the business and indicate whether they will be employees of the SMWEE, non-SMWEE or joint venture:

Non- SBM8EBDBE

•:-_SBMBEBDBE
/9

Joint Venture

Intidctape and Irrigation Services Denver Parks and Recreation

October

)‘.

20/I

Management Administrative Support Hourly Employees

20 Landscape and Irrigation Services Denver Parks and Recreation October 19, 20)1

JOINT VENTURE ELIGIBILITY FORM General Information
Please provide the name of the person who will be responsible for hiring employees for the joint venture. Who will they be employed by? Are any of the proposed joint venture employees currently employees of any of the joint venture partners?

Yes

No

If yes, please list the number and positions and indicate which firm currently employs the individual(s), (use additional sheets if necessary

Number of employees

Position

Employed By

Attach a copy of the proposed joint venture agreement, promissory note or loan agreement (if applicable), and any and all written agreements between the joint venture partners. List all other business relationships between the joint venture participants, including other joint venture agreements in which the parties are jointly involved.

F L
If there are any significant changes in or pertaining to this submittal, the joint venture members must immediately notify the Division of Small Business Opportunity. COMP-FRM-O1 5

21 Landscape and irrigation Sen-ices Denver Parks and Recreation October19, 2011

Wa
I

W

Office of Economic Devetopnent Division of Small Business Opportunity Compliance Unit 201 West Coifax Avenue. Dept. 907

JOINT VENTURE AFFIDAVIT

D E NVE R

Denver, CO 80202 Phone: 720.913.1999 Fax: 720-913.1803 Dseoedenvergovorg

TM! MIt! HIGH CITY

The Undersigned swear that the foregoing statements are Correct and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further, the Undersigned Covenant and agree to provide the City current, complete, and accurate information regarding actual joint venture work and the payment thereof and any proposed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records, and files of the joint venture, by authorized representatives of the City or Federal funding agency, if applicable. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initialing action under Federal or State laws concerning false statements.

Name of Firm:
Print Name: Signature: Title Date:

Notary Public
County of

-

Subscribed and sworn before me this dayof
Notary Signature:

I State of
20

My Commission Expires:

Address:
..-_________

—--.-___________

Name

of

Firm:

Print Name: Signature:

.

Title___________ Date:

Notary Public
County of Subscribed and sworn before me this dayof Notary Signature: Address: Name of Firm: Print Name: Signature: Date:

I State of
20

I My Commission Expires:

Notary Public
County of Subscribed and sworn before me this dayof

I State of
20
7

I My Commission Expires

Lundccpe and Irna,o,, Sen Irec Derne; Pi,kv and Ret yeazwn

Or rnher 19 2011

Notary Signature:
Address:

23 Landscape and Irrigation Services Denver Parks and Recreation October 19, 2011

IW
) E N HIGHECITY V F
‘HE Mitt

COMMITMENT TO MWBE OR SBE PARTICIPATION

Office of Economic Deveiopmei DivisionofSm&iBuslnessOpportun Compliance Un 201 West Coifax Avenue, Dept. 90 Denver, CO 8020 Phone: 720-913-199 Fax: 720-913-180 DS80@denvergov.or

The undersigned has satisfied the MWBE or SBE prUdpapt requirements in the following manner (Please check the appropriate boxft
D The Bidder/Proposer is committed to a minimum of % MWBE or SBE utilization on the project, and will Submit Letters of Intent (LOl) for each subcontractor/subconsultant listed in the Bid Forms as follows Hard Bids Three (3) business days after the bid opening Request for Proposals With the proposal when due MWBE or SBE, but is committed to o The Bidder/Proposer is unable to meet the project goal of minimum of MWBE or SBE utilization on the project The Bidder/Proposer understands that they must submit a detailed statement of their good faith effort in accordance with DRMC Section 28-62 and 28-67 of Ordinance 760 and must submit Letters of Intent for each MWBE or SBE listed in the Bid Forms, within thre (3) business days after the bid opening or at time proposal is submitted 0 The Bidder/Proposer is a certified MWBE or SBE in good standing with the City and perform a minimum of of the work on the contract Bidder/Proposer (Name of Firm) Firm’s Representative (Please print) Signature (Firm’s Representative): Title: Address: te Zip: Phone: Fax: 1 Email:
is

committed to self-

A copy of the MWBE or SBE Certification must be attached.

24 Landscape and Irrigation Services Denver Parks and Recreation October 19, 2011

I

DE NV£ R
IKE Aelts HIGH CITY

List of Proposed r MUIIBE 0 BE Bidders, Subcontractors, Suppliers (Manufacturers) or Brokers

Office of Lconomic Development

Division of Small Business Opportunity Compliance Unit
201 West Cot’ax Avenue Dept 907

Denve’ CO 80202
Phore 2c-r3 1999 Fax 720 913 ‘303 DSBO@drergov org

City and County of Denver Contract No.:
The undersigned Bidder proposes to utilize the following MWBE or DEE for the project All listed firms are CURRENTLY certified by the City and County of Denver Only the level of MWBE or DEE participation listed at the bid opening will count toward satisfaction of the project goal Only bona fide commisions may be counted for Brokers MWBE or DEE prime bidders must detail their bid information below Please copy and aftaach this page to list additional MWBE or DEE Address Type of Service Contact Person Dollar Amount $ MWBE or DBE Prime Bidder Business Name Address Type of Service Contact Person Dollar Amount $ Percent of Project Percent of Project

Subcontractors, Suppliers Manufacturers or Brokers (check one box)

I Subcontractor
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(N)

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26 Landscape and Irrigation Senkes Denver Parks and Recreation October i. 201/

Business Name: Address: Contact Person: Subcontractor Business Name: Address: Contact Person:
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27 Landscape and Irrigation Services De,in’r Parks and Recreation October Jc 20/I

Subcontractors. Sunoliers Manufacturers or Brokers (check one box)

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28
Landscape and !rrrgallon Services

October 19, 2011

Denver Parks and Recreation

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Subcdnttectors, Suppliers Manufacturers or Brokers (check erie b014 Subcontractor (‘v) Supplier (d) Manufacturer (g) Broker (q)

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Address:

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29 Landscape and Irrigation Services Denver Parks and Recreation October i 20)1

IF,
D £ N V £ R’ THE MILE HIGH CITY Office of Economic Development Division of Small Business Opportunity
Compliance Unit
201 West Coltax Ave., Dept. 907 Denver, CO 80202 Phone: 720-913-1999 Fax: 720-913-1803

INSTRUCTIONS FOR COMPLETION & St/U MISSION:

• • • • •

All lines must be completed or marked N/A for Not Applicable Submit the attached completed checklist with this letter Email to dsbo@denverpov.org, OR Fax: 720-913-1803, Qfi 7(11 FL, “0850 Inbox” Hand-Delivery: Office Economic Dcv.

Contract No.:

Project Name: A The Following Section Is To Be Completed by the Bidder/Consultant

This Letter of Intent Must be Signed by the Bidder/Consuftant and MIWBE, SBE or OBE Self-Performing: Name of Bidder/Consultant: Phone DYes DN0 Contact Person: Address: City: Fax: State: Zip:

B. The Following Section is To Be Completed by the MIWBE, SBE or DBE, at any Tier This Letter of Intent Must be Sianed by the MIWBE, SBE or DBE and Bidder/Consultant
Name of Certified Firm: Contact Person: Address: Please check the designation which applies to the certifiedflrm Phone:

[

Email: City:

Fax: State: SBE OBE
(H)

Zip: Performir

(v)

MBE/WBE

Cv)

Indirect Utilization: If this MiWBE, SBE or DBE is not a direct first tier subcontractor/subconsultant, supplier or broker to thE Bidder? Consultant, please indicate the name of the subcontractor/subconsultant, supplier or broker which is utilizing the participation of this firm:

A Copy of the M/WBE. SBE

or DBE Letter of Certifiöatlon must be Attached

Identify the scope of the work to be performed or supply item that will be provided by the MiW8E/SBE/DBE. On unit price bi only, identify which bid line items the MIWBEISBEIDBEs scope of work or supply Corresponds to.

Bidder intends to utilize the aforementioned M/WBE, SBE or DBE for the Work/Supply described above. The cost of the worl pççgçpjhetotalsubcontractor M/WBE, SBE or DBE bid amount is:

I

Subcontractor/Subconsultant

1

[‘Supplier C’)

I I

Broker (‘.)

S
Consultant intends to utilize the aforementioned M,WBE, SBE or DBE for the Work/Supply described above. The percentage of the work of the total subconsultant M,WBE, SBE or DBE will perform is: If the fee amount of the work to be performed is requested, the fee amount, is: Bidder/Consultant’s Signature: Title: M/WBE. SBE or DBE or Self-Performing Firm’s Signature: Title:
If the ab4&24t

$ Date:

Date’
-

30
Bróêf/tU9MOlt&WTW44St determined to be the successful Bidder/Consultant, this Letter of Int4k*a1

tie Vflnd void.

Letter of Intent (LOt) Checklist All lines must be completed or marked N/A (or Not Applicable
Submit the attached completed checklist with this letter

Completed V

C D C C C C C C C C C

Project Number & Project Name Section A: Name of Bidder/Consultant, Contact Person, Address, City, State, Zip, Phone, Email Section 8: Name of Certified Firm, Contact Person, Address, City, State, Zip, Phone, Email WBE, 1 Designation checked for MBE SBE or DBE Indirect Utilization: Name of subcontractor/subconsultant, supplier or broker is indicated if using the participation of a 2 tier subcontractor/subconsultant, supplier or broker. Scope of work performed or item supplied by MJWBE, SBE or DBE Line items performed, if line-item bid. Copy of MIWBE, SBE or DBE Letter of Certification Attached Designation checked for Subcontractor/Subconsultant, Supplier or Broker If project is a hard bicL.. Bidder has indicated dollar amount for value of work going to Subcontractor! Subconsultant, Supplier or Broker Bidder has indicated percentage for value of work going to Subcontractor! Subconsultant, Supplier or Broker
If project is an RFPIRFQ... Consultant has indicated percentage for value of work going to Subcontractor! Subconsultant, Supplier or Broker Name & contact name for MWBE. Fee amount if fee amount of work to be performed is requested.

C C C C

Bidder/Consultant’s Signature, Title & Date M1WBE, SBE or DBE Firm’s Signature, Title and Date

Select One /

C C C

SUBMITTED VIA... (BidderlConsultant is strongly urged to deliver the LOl via one of the methods below. Delivery to any other point cannot be guaranteed timely delivery.) Email to DSBO@denvergov.org Fax to 720-913-1803 th 7 Floor, “DSBO Inbox” Hand Delivery to Office of Economic Development,

The complete and accurate information that is required for the Letter of Intent is based on the following sections of the Ordinance: Section 28-63 and Section 28-68. Failure to complete this information on the Letter of Intent (LOl) may automatically deem a bid or proposal non-responsive.
.3,
Landscape chit) Irrigation Services Denver Parks and Recreation October /9. 201)

Attachment Three

Sample Contract

ON-CALL LANDSCAPE IMPROVEMENTS AND IRRIGATION CONSTRUCTION SERVICES
PROJECT NO. CONTRACT NO. CONTRACT AND AGREEMENT
THIS CONTRACT AND AGREEMENT, made between the CITY AND COUNTY OF DENVER, a municipal corporation of the State of Colorado, hereinafter referred to as the “CITY”, party of the first part, and with an address of hereinafter referred to as the “GENERAL CONTRACTOR”, party of the second part.

RECITALS:
I. The City has identified a need for highly qualified landscape improvement and irrigation construction general contractors to perform. as assigned, discrete projects at Parks and Recreation facilities on an “on-caH” or “as needed” basis (the “Program”). Program work may include, without limitation, grading, drainage, concrete and asphalt pavements, concrete curbing. landscaping, lawns, and irrigation depending upon the scope of the “Projects” assigned (“Projects(s)”). Pursuant to 20-56 of the Denver Revised Municipal Code, the City commenced on and advertised for at least three (3) consecutive days, a solicitation for proposals from qualified general contractors to perform under this Program. 3. The City’s solicitation sought on-call general contractors with construction management, supervision and coordination experience and expertise to furnish all construction services, including all work effort, labor, tools, supplies, manufactured components, equipment, materials, and everything else necessary or required to perform each Project assigned under the Program, within limited time periods and limited budgets. 4. The City’s solicitation also sought general contractors that share the City’s longstanding commitment to quality. efficiency. value, innovation, partnering, responsiveness to agency and community needs and compliance with all applicable regulatory requirements in the performance of construction services. 5. Proposals received pursuant to said advertisement were reviewed, evaluated and ranked by a selection committee and a recommendation was made to the Manager of Public Works, who determined that a contract for the performance as part of the Program be made and entered into with the above named General Contractor. 6. The City and the General Contractor now desire to enter into an On-call Landscape Improvements and Irrigation Construction Services Contract for the performance of construction services as part of the Program. 7. The General Contractor is willing, able and has the present capacity to perform all construction services, as an independent contractor, required by the Program, in accordance with this Construction Contract, said advertisement and the referenced selection documents. 2.

32 Landscape and Irrigation Services Denver Parks and Recreation October 19. 2011

NOW THEREFORE. in consideration of the compensation to be paid the General Contractor, the mutual agreements hereinafter contained, and subject to the terms hereinafter stated, it is mutually agreed as follows:

1.0

PROGRAM REQUiREMENTS AND PROCEDURES:

1.1 On-Call Program. The “Program” is the City’s On Call Landscape Improvements and Irrigation Construction Services Program to perform discrete projects at Parks and Recreation facilities, as assigned by the City in accordance with the terms and conditions of this On-call Landscape Improvements and Irrigation Construction Contract (“Construction Contract” or “Contract”). The Program shall consist of, as yet undetermined “Projects” that will likely involve, without limitation, grading, drainage, concrete and asphalt pavements, concrete curbing. landscaping. lawns;. and irrigation work on an “as needed” basis. No Project awarded under this Construction Contract shall exceed Four Hundred Thousand Dollars ($400,000.00). Work on any assigned Project may require completion within a short time duration or may be of an emergency or time sensitive nature and prompt turnaround of Projects will be required. As such the Contractor shall have all necessary resources available, on an as needed basis, to complete each such Project when directed by the City during the Term of the Contract, in accordance with the terms and conditions of this Contract. For each Project identified by the City for performance as part of the Program, the City will solicit proposals from each of the “Program Contractors” contracted for by the City to perform construction services under the Program or shall otherwise assign Projects as provided for in this Contract. Each Program Contractor shall timely and in good faith submit a proposal or pricing to perform the Project “Work” in accordance with each solicitation and the terms and conditions of these Contract Documents. Each solicitation shall, in addition to any Project “Contract Drawings” and ‘l’echnical Specifications” appropriate to the Work for each Project, include a “Contract Amount”, “Contract Time” and “Liquidated Damages” amount to perform the specified Project “Work”, as all of those terms are defined in the City’s Standard Specifications for Construction, General Contract Conditions (1999 Edition) (incorporated by reference only as Exhibit A) (hereinafter referred to as the “General Conditions” or the “Orange Book”). 1.2 Program Format. The City has selected and contracted with multiple highly qualified and capable irrigation and landscape contractors, including the General Contractor named above, to perform assigned Projects identified, programmed, scoped and designed by the City (the “Program Contractors”). 1.3 Project Assignment to Program Contractor. The City will assign identified Projects hereunder either by: issuance of a Project Proposal Solicitation to each Program Contractor; (2) Issuance of a Project Proposal Solicitation to a single Program Contractor for any Project with an estimated cost at or below Fifty Thousand Dollars (S50,000.00): or (3) Issuance of an Emergency Repair Directive, all is provided for herein. 1.3.1 Project Proposal Solicitation. For any identified Project, the City may initiate a Project Proposal to select a Program Contractor to perform the Project utilizing the following procedure. 1.3.1.1 As the need arises and funding is identifed, the City will initiate a Project specific proposal solicitation to perform the required Project. Each Project solicitation shall be conducted in accordance with and governed by the Project Proposal Solicitation Instructions attached hereto as Exhibit B. For each solicitation, the City will issue to each Program Contractor, including the General Contractor. sequential “Project Proposal Solicitation” for the proposed Project Work in the form attached hereto and incorporated herein as Exhibit C. The Solicitation will include a detailed explanation of the specific scope of work for the Project utilizing “Project Specific Drawings” and “Project Specific Technical Specifications”; the specific terms and conditions under which such Work must be performed; and other pertinent materials (the “Work” or “Scope of Work”). Solicitations will generally include a “Contract Time” and “Liquidated Damages” amount.
33 Landscape and irrigation Se,-vu’es Denver Parks and Recreation October 19, 2011

1.3.1.2 Upon receipt of each numbered Project Proposal Solicitation, the General Contractor shall thoroughly review the proposed Work and promptly prepare, in good faith, and submit to the City, at the time and place designated in the Solicitation, a sealed formal Project Proposal to furnish everything necessary for and required to do. perform and timely complete all of the Project Work described, drawn, set forth, shown and included in the Solicitation including, hut not limited to, all labor, all tools, supplies, equipment, and materials. Each Project Proposal shall be submitted on the form attached hereto and incorporated herein as Exhibit D. Failure or refusal to timely and in good tith submit a complete and thorough Project Proposal which complies with the requirements of each Solicitation may be deemed, in the City’s sole discretion, grounds for termination of the Construction Contract in accordance with G.C. 2201 of the General Conditions. 1.3.13 The following general requirements shall apply to each Solicitation: (1) Prior to submitting each Pricing Proposal, the General Contractor shall inspect the work site and its surroundings. (2) Although the Contractor is not required to make such an inspection before proposing, for purposes of the Pricing Proposal it shall be conclusively presumed that by failing to make such an inspection, the General Contractor has waived the right to later claim additional compensation or time extensions for conditions which the General Contractor could have discovered had the site been inspected. (3) The General Contractor recognizes that any Project Specific Drawings or Technical Specifications, defining the scope of Work to be done, may contain errors. In view of this, the General Contractor is invited to make additional investigations it believes are necessary. (4) Since the Project Proposal Solicitation information cannot be guaranteed, the General Contractor shall have assumed the risks attendant to successful performance of the Scope of Work and shall not make a claim for additional compensation or time extensions on the grounds that the nature or amount of Work to be done was not understood by the Contractor at the time of pricing. 1.3.1.4 The City will then evaluate each of the submitted Project Proposals and award the Project to the lowest, responsive, responsible, qualified Program Contractor by issuance of a Work Order. The Work Order shall incorporate both the Project Proposal Solicitation (including all referenced or attached documents) and the Project Proposal. Each Work Order issued will be in the form attached hereto and incorporated herein as Exhibit E. The City expressly reserves the right, as part of this evaluation period, to undertake any Scope of Work confirmation with the Program Contractors appropriate to the Project. including seeking further clarification or definition of the Work with any or all Program Contractors. In its sole discretion. the City reserves the right to reject any or all proposals, modify and re-propose each Project. waive any informalities, or permit the correction of clerical errors. Further, The City reserves the right to issue such a Work Order, at the price and under the terms of the Program Contractor’s Project Proposal, at any time before the expiration of sixty (60) consecutive calendar days from the date the pricing submittal was received by the City. without any claim for additional compensation. If no Work Order is issued and the low Project Proposal is not rejected within this period, the proposal and all Program Contractor Pricing Proposals shall be deemed rejected by the City. 1.3.2 Emergency Repairs. All other provisions of this Agreement notwithstanding, the General Contractor acknowledges and accepts that the City may require that the General Contractor perform emergency parks repair services immediately after notification, by issuance of an “Emergency Repair Directive” from the City. Where possible, the Emergency Repair Directive shall include a not to exceed amount which the City may adjust with notice to the Contractor as the Work proceeds.

34 Landscape and irrigation Services Denver Parks and Recreation October 1% 2011

1.3.2.1 Because of the urgent nature of such emergency repair services, the Contractor agrees to mobilize resources adequate to address any “Emergency Repair Directive,” issued by the City within four (4) hours of receiving notice, either verbal or written, from the Project Manager or other authorized City representative. In effecting such emergency repairs, the General Contractor shall track and document all costs incurred and report such costs to the City for City review and verification. 1.3.2.2 The urgent nature of such services requires that the General Contractor initiate, with adequate forces and equipment at the site, all Emergency Repair Directives. Should the General Contractor fail to commence work within four (4) hours of notice, the General Contractor shall become liable to the City and County of Denver for liquidated damages, and not as a penalty, at the rate of Fifty Dollars ($50.00) for each consecutive hour after such notice that the General Contractor fails to commence repairs or other Work in accordance with such directive. 1.3.2.3 Work Orders for the emergency services performed will be prepared after the emergency work has been completed and shall be based on actual documented cost of the work, Emergency repair work will be paid at the actual verifiable cost plus Fifteen percent (15%). Any subsequent work performed related to the Emergency Repair Directive, but not under an Emergency Repair Directive, shall be paid at negotiated sums memorialized in a subsequent Work Order in accordance with the applicable provisions of this Contract. 1.3.3 The fully executed Work Order for the specific Project Work will authorize the Project Work under the terms and conditions set forth therein, upon the appropriation and encumbrance of the full amount of funds required to compensate the General Contractor for the Work identified in the Work Order. In the event the City elects, at its sole discretion, to issue a Work Order pursuant to its Solicitation, the General Contractor agrees to and shall furnish all labor, tools, supplies, equipment, materials and everything necessary for and required to do, perform and complete all of the Work described in any Work Order, including but not limited to all labor, tools, supplies, equipment, and materials. Further, the General Contractor agrees to perform and complete each issued Work Order within the period of performance specified in the Work Order and Notice to Proceed, plus such extensions of time as may be granted by the Manager in accordance with the provisions of the Contract and General Conditions incorporated herein. 1.3.4 Following issuance of a Work Order, the Project Manager shall issue a Work Order Notice to Proceed for the Project and the Contractor shall have ten (10) consecutive calendar days from the date of Notice to Proceed to commence with the Work and prosecute it to conclusion in accordance with the terms and conditions of the Work Order and the Contract Documents. Each Work Order Notice to Proceed issued will be in the form attached hereto and incorporated herein as Exhibit H. 1.3.5 The City agrees to pay the Contractor for the Work completed pursuant to an authorized Work Order in accordance with this Contract and the General Conditions. In no event, however, shall the total amount of compensation paid to the Contractor by the City exceed the maximum contract amount specified herein. During the course of the Work on each Work Order, the Contractor shall submit regular pay applications in accordance with the terms of this Contract and the General Conditions. The City shall issue payment for all Work satisfactorily completed in accordance with the terms and conditions of the Contract Documents. 1.3.6 If additions, deletions or other modifications to the scope of Work defined in the Work Order are required or desired by the City on a particular Project authorized by Work Order, a Work Order Change will be issued in accordance with the terms of this Contract and the General Conditions.

1.3.7 Upon satisfactory completion and final acceptance of each Work Order in accordance with this Contract and the General Conditions, a Work Order Final Receipt will be issued and final payment for the Work Order will be made in accordance with the Contract Documents. Each Work Order Final Receipt issued will be in the form attached hereto and incorporated herein as Exhibit H.
35 Landscape and Irrigation Sercices Denver Parks and Recreation October 19, 2011

1.3.8 It is possible that more than one Work Order may be issued and under construction at the same time and the General Contractor will carefully consider and account for all costs associated with the supervision, administration, coordination and prosecution of multiple Work Orders in preparing each Pricing Proposal. The General Contractor shall not be entitled to any additional compensation for performance on multiple Work Orders at the same time. 1.3.9 Nothing contained herein shall be construed by the Contractor as promise or guarantee of any minimum amount of Work, Work Orders or compensation hereunder. 1.3.10 Upon written notification from the City to the Contractor that no further Work Orders will be issued hereunder and the completion of final close-out for any previously issued Work Orders in accordance with all Work Order close out procedures specified herein, the Contract shall proceed to final close-out. The Contractor agrees to comply with all applicable Contract close-out procedures and requirements set forth in the Contract Specifications. In addition, the Contractor agrees to execute and deliver to the City a Final Receipt in the form previously referenced and to provide to the City consent of surety covering all Work performed hereunder. Until such time as all Contract close-out procedures are completed and each contract close-out requirement is satisfied, the City shall retain from amounts due the Contractor, in addition to any other withholdings provided for hereunder, a sum not greater than one percent (1%) of the maximum contract amount specified herein. 1.4 Application of General Conditions to Each Work Order. The General Contract Conditions shall generally apply to this On Call Construction Contract as if incorporated separately for the Work of each Work Order issued hereunder and as supplemented by the following: 1.4.1 General Certain provisions, terms and conditions included in the General Contract Conditions either will not apply or will apply on a Work Order by Work Order basis rather than an overall Contract basis. 1.4.2 Work As such, the term Work, as used in the Contract Documents means the Contractor’s equipment and physical plant, labor, management, administration, supervision, materials and supplies, and all other things needed to assemble, manufacture, complete or perform the various components into finished improvements pursuant to any Work Order issued pursuant to the Contract Documents. Unless otherwise specified or clearly inapplicable from the context of a given provision, each and every General Contract Condition contained or referenced in the Contract Documents shall apply to and control all Work performed hereunder on a Project by Project basis. 1.4.3 Performance And Payment Bond Title 15 of the General Conditions shall generally apply to this Contract as supplemented by the following: A Performance and Payment Bond, in the form attached hereto as Exhibit I, and in the amount of One Million Five Hundred Thousand Dollars ($1,500,000.00) shall be furnished covering all Work performed hereunder. A bond rider in the amount of each Work Order shall be provided by Contractor at the time of Work Order execution.

1.4.4 Work Order Notice to Proceed GC-302 of the General Conditions shall generally apply to this Contract as supplemented by the following: A Work Order Notice to Proceed, in the form included in these Contract Documents for that particular Work Order, will be issued by the Manager at such time as the Work Order is executed by the Contractor and all designated City officials, and the Contractor has submitted a Payment and Performance Bond or Bond Change Rider for the Work described in the Proposal Request, in accordance with SC- 12, PERFORMANCE AND PAYMENT BOND, and which are satisfactory
36 Landscape and Irrigation Services Denver Parks and Recreation October J 20)1

to the City Attorney. Until a Work Order Notice to Proceed is issued, the City shall have no obligation to compensate the Contractor for Work performed. The Contractor shall commence the Work in accordance with that particular Work Order within ten (10) consecutive calendar days of the date of the Work Order Notice to Proceed, and the Contractor shall prosecute the Work to be accomplished under the Work Order at such time and place as the Work Order directs and shall fully complete in every detail all specified Work in accordance with the terms and conditions of the Work Order and the provisions of these General Contract Conditions and Special Contract Conditions, within the period of performance specified in the Work Order, plus such cxtcnsions of time as may be granted by the Manager in accordance with the provisions of this Contract. 1.4.5 Liquidated Damages Title 6 of the General Conditions shall generally apply to this Contract as supplemented by the following: The Contract Time, as that term is defined under the General Conditions, shall be separately set out in each Work Order. Should the Contractor fail to complete all Work within the Contract Time allocated under that Work Order, the Contractor shall become liable to the City and County of Denver for Liquidated damages on that Project, and not as a penalty, at die rate of Five Hundred Dollars ($500M0) for each Day that the Contractor exceeds the time limits herein specified, all in accordance with provisions of General Contract Condition 602. LIQUIDATED DAMAGES; ADMINISTRATIVE COSTS; ACTUAL DAMAGES, unless a greater or lesser amount in provided for in the authorized Work Order. Representative hourly rates for the City administrative costs described in General Contact Condition 602.2 shall be as follows for this Project: Project Manager S..... per hour S......... per hour Project Engineer S_. per hour Inspector Surveying, if necessary $........... per hour 1.4.6 Subcontracts Title 5 of the General Conditions shall generally apply to this Contract as supplemented by the following: In accordance with General Contract Condition 501, SUBCONTRACTS, no limit shall apply to that percentage of the Work which may be sublet providing that the subcontractors receive prior approval in accordance with General Contract Condition 502. SUBCONTRACTOR ACCEVI’ANCE. 1.4.7 Progress Payments for Work Orders Title 9 of the General Contract Conditions shall apply to this Contract as supplemented by the following: 1.4.7.1 With respect to any Work Order issued hereunder, the tenns and conditions of Title 9 shall apply to each Work Order as if such Work Order were a separate Contract. Progress and final payments shall issue upon submission of a Work Order Pay Application. Each Work Order Pay Application will he submitted in a form approved by the Project Manager. 1.4.7.2 In accordance with General Contract Condition 902, PAYMENT PROCEDURE, the party(ies) responsible for review of all Pay Applications shall be: Name Agency/Firm Telephone 720.913.4535 Jim Barwick Public Works Various Project Manager Parks and Recreation

37 Landscape and Irrigation Service Denver Parks and Recreation October 19, 2011

1.4.7.3 In accordance with General Contract condition 907, RELEASES AND CONTRACTORS CERTIFICATION OF PAYMENT. Applications for Payment must he accompanied by a completed FinalIPartial Lien Release Form (attached hereto and incorporated herein as Exhibit J). as appropriate, from EACH subcontractor and supplier. OR the Contractor’s On-Call Work Order Certification of Payment Form, submitted in the form attached hereto and incorporated herein as Exhibit K and subject to the following requirements: (1) Each estimate of Work completcd for each Work Order shall contain a list of subcontractor and material invoices for all subcontractors and suppliers and shall be based on the approved schedule of values certified by the Project Engineer/Manager or the Consulting Architect or Engineer, as appropriate. Each submittal estimate must specify the percent of the Work complete. Each estimate of Work completed for each Work Order shall specifically identify those MIWBE Subcontractors or Suppliers that the Contractor is utilizing on the Project pursuant to the requirements of Article VII, Division 1 of Chapter 28, of the D.R.M.C. Each estimate of Work for each Work Order completed shall be accompanied by either duplicate sets of verified Contractor’s Certifications of Payment, in the form included in these Contract Documents, or by verified Partial Release of Contractor forms from each subcontractor and supplier, also in the form included in these Contract Documents. Each estimate of Work for each Work Order completed shall also be accompanied by: a. A written schedule of values, which set out the quantities and costs for the Project; and The Project Engineer/Manager’s, or as applicable, Consulting Architectl Engineer’s estimated statement of the percentage of Work completed for each line item of cost for which the Contractor seeks payment. The Contractor shall also submit to the Auditor and other appropriate officials of the City, in a timely fashion, all information required by the General Contract Conditions.

(2)

(3)

b.

(4)

Each estimate of the percentage of Work completed shall constitute a representation by the Contractor to the City that the Work has progressed to the point indicated; that the quality of the Work covered by the estimate is in accordance with the Contract Documents; that each obligation covered by the estimate (except as otherwise noted) and the payments required will be used to discharge such obligation unless previously discharged; and that the Contractor is entitled to payment in the amount requested. The Project Engineer/Manager or the Consulting ArchitectlEngineer, as appropriate, with the assistance of input from the Project Manager, in the event that stich has been retained, will also verify and certify the estimate prior to acceptance by the City. By submitting an application for payment, the Contractor further warrants that: a. Title to Work covered by each submitted estimate of Work completed will pass to the City by incorporation into the completed Work: Work covered by previous estimates of Work completed is free and clear of liens, claims, security interests or encumbrances, hereinafter referred to as “liens” except for any interest created by retainage: and No Work covered by any estimate of Work completed will have been acquired by the Contractor, or any other person or entity performing Work at the Work site or furnishing materials or equipment for the Project and that no Work
38 October 19, 2011

(5)

b.

c.

Landscape and Irrigation Sen’ices Denver Parks and Recreation

covered by any estimate is subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person or entity. (6) Approval of an estimate of Work completed or actual payment by the City shall not foreclose the right of the City to examine the books and records of the Contractor to determine the correctness and accuracy of any estimate item. The terms and conditions regarding retainage contained in General Contract Condition 908 shall apply separately to payments made under each and every Work Order issued hereunder. Moreover, applications for a reduction in retainage must be accompanied by Partial Release of Liens form from each subcontractor or supplier, in the fonn included in these Contract Documents immediately after this provision. The Contractor shall also submit to the Auditor and other appropriate officials of the City in a timely fashion, information required by General Contract Condition 1004, REPORTING WAGES PAID. Receipt of Contractor’s Certification of Payment or Partial Release of Liens form by the City hereunder shall not act to impair the City’s obligations imposed by C.R.S. 38-26-107 or successor statue. If the Contractor disputes a subcontractor or supplier entitled to a portion of the previous month’s payment, the Contractor need not submit a Contractor’s Certificate of Payment or Partial Release of Liens form from such subcontractor and/or supplier. However, in lieu of such submiual, the Contractor shall submit to the City a copy of a written communication from the Contractor to such subcontractor and/or supplier explaining the Contractor’s determination not to render payment to such subcontractor or supplier, together with proof of service of such written communication upon such subcontractor or supplier.

(7)

(8)

(9)

(10)

1.4.8 Work Order Changes Title II of the General Contract Conditions shall apply to this Contract, on a Work Order by Work Order basis, as supplemented by the following: In accordance with all terms and conditions provided for standard change orders tinder Title 11 of the General Contract Conditions, the City may issue Work Order Changes providing for deletions, additions and modifications to the Work under a duly issued Work Order. Work Order Changes must be issued on the Work Order Change Form, in the form attached hereto and incorporated herein as Exhibit L. Changes will be based on pricing prepared in the same manner as a Project Proposal and under the terms and conditions for issuance of a Change Order contained in the General Conditions. The Work Order Change will identi’ any increase or decrease in the cost. change in the period of performance and any other modifications to the performance requirements for that particular Work Order. 1.4.9 Defense and Indemnification To the fullest extent permitted by law, the Contractor hereby agrees to defend, indemnify, (a) reimburse and hold harmless the City, its appointed and elected officials, agents and employees for, from and against all liabilities, claims, judgments, suits or demands for damages to persons or property arising out of, resulting from, or related to the work performed under this Agreement that are due to the negligence or fault of the Contractor or the Contractor’s agents. representatives. subcontractors, or suppliers (“Claims”). This indemnity shall be interpreted in the broadest possible manner consistent with the applicable law to indemnify the City.

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Contractor’s duty to defend and indemnify the City shall arise at the time written niçeof (b) the Claim is first provided to the City regardless of whether suit has been filed and even if Contractor is not named as a Defendant. Contractor will defend any and all Claims which may be brought or threatened against the (c) City and will pay on behalf of the City any expenses incurred by reason of such Claims including, hut not limited to. court costs and attorney fees incurred in defending and investigating such Claims or seeking to enforce this indemnity obligation. Such payments on behalf of the City shall be in addition to any other legal remedies available to the City and shall not be considered the City’s exclusive remedy. Insurance coverage requirements specified in this Agreement shall in no way lessen or limit (d) the liability of the Contractor under the terms of this indemnification obligation. The Contractor shall obtain, at its own expense. any additional insurance that it deems necessary for the City’s protection. This defense and indemnification obligation shall survive the expiration or termination of (e) this Agreement. 1.4.10 Indemnity and Insurance The following conditions shall apply to this Contract, on a Work Order by Work Order basis, as supplemented by the following: 1.4.10.1 General Conditions. Contractor agrees to secure, at or before the time of execution of this Agreement, the following insurance covering all operations, goods or services provided pursuant to this Agreement. Contractor shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, during any warranty period, and for eight (8) years after termination of the Agreement. The required insurance shall be underwritten by an insurer licensed or authorized to do business in Colorado and rated by A.M. Best Company as “A-”VIlI or better. Each policy shall contain a valid provision or endorsement stating “Should any of the above-described policies be canceled or non-renewed before the expiration date thereof, the issuing company shall send written notice to Denver Risk Management, 201 West Colfax Avenue, Dept. 1105, Denver, Colorado 80202. Such written notice shall be sent thirty (30) days prior to such cancellation or non-renewal unless due to non payment of premiums for which notice shall be sent ten (10) days prior.” Additionally, Contractor shall provide written notice of cancellation, non-renewal and any reduction in coverage to the address above by certified mail, return receipt requested. If any policy is in excess of a deductible or self-insured retention, the City must be notified by the Contractor. Contractor shall be responsible for the payment of any deductible or self-insured retention. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not lessen or limit the liability of the Contractor. The Contractor shall maintain, at its own expense. any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 1.4.10.2 Proof of Insurance. Contractor shall provide a copy of this Agreement to its insurance agent or broker. Contractor may not commence services or work relating to the Agreement prior to placement of coverage. Contractor certifies that the certificate of insurance attached as Exhibit 0, preferably an ACORD certificate, complies with all insurance requirements of this Agreement. The City requests that the City’s contract number he referenced on the Certificate. The City’s acceptance of a certificate of insurance or other proof of insurance that does not comply with all insurance requirements set forth in this Agreement shall not act as a waiver of Contractor’s breach of this Agreement or of any of the City’s righLs or remedies under this Agreement. The City’s Risk Management Office may require additional proof of insurance. including but not limited to policies and endorsements. 1.4.10.3 Additional Insureds. For Commercial General Liability, Auto Liability and Excess Liability/Umbrella. Contractor and subcontractor’s insurer(s) shall name the City and County of Denver. its elected and appointed officials, employees and volunteers as additional insured.
‘U)

Lwictvcape and Irrigation Senites Detuer Parks and Recreation

October 19, 20)1

1.4.10.4 Waiver of Subrogation. For all coverages, Contractor’s insurer shall waive subrogation rights against the City.
1.4.10.5 Subcontractors. All subcontractors and suhconsultants (including independent contractors, suppliers or other entities providing goods or services required by this Agreement) shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of the Contractor. Contractor shall include all such subcontractors as additional insured under its policies (with the exception of Workers’ Compensation) or shall ensure that all such subcontractors and subconsultants maintain the required coverages. Contractor agrees to provide proof of insurance for all such subcontractors and subconsultants upon request by the City. 1.4.10.6 Workers’ Compensation/Employer’s Liability Insurance. Contractor shall maintain the coverage as required by statute for each work location and shall maintain Employer’s Liability insurance with limits of $100.000 per occurrence for each bodily injury claim, $100,000 per occurrence for each bodily injury caused by disease claim, and $500,000 aggregate for all bodily injuries caused by disease claims. Contractor expressly represents to the City. as a material representation upon which the City is relying in entering into this Agreement, that none of the Contractor’s officers or employees who may be eligible under any statute or law to reject Workers’ Compensation Insurance shall effect such rejection during any pan of the term of this Agreement, and that any such rejections previously effected, have been revoked as of the date Contractor executes this Agreement. 1.4.10.7 General Liability: Contractor shall maintain a Commercial General Liability insurance policy with limits of $1,500,000 for each occurrence, $1,500,000 for each personal and advertising injury claim, $2,000,000 products and completed operations aggregate, and $2,000,000 policy aggregate. 1.4.10.8 Builder’s Risk: Builders’ Risk or Installation Floater: Contractor shall maintain limits equal to the completed value of all Work Orders. Coverage shall be written on an all risk, replacement cost basis including coverage for soft costs, flood and earth movement, if in a flood or quake zone, and, if applicable, equipment breakdown including testing. Contractor is responsible for payment of all policy deductibles. The City and County of Denver, Contractor, and subcontractors shall be named insureds under the policy. Policy shall remain in force until acceptance of the Project by the City. Automobile Liability. Contractor shall maintain Business Automobile Liability 1.4.10.9 with limits of $l.500,000 combined single limit applicable to all owned, hired and non-owned vehicles used in performing services under this Agreement 1.4.10.10 Additional Requirements. (a) For Commercial General Liability and Excess Liability, the policies must provide the following: That this Agreement is an Insured Contract under the policy: (i) Defense costs in excess of policy limits: (ii) A severability of interests. separation of insureds or cross liability provision: and (ii) A provision that coverage is primary and non-contributory with other coverage or (iii) self-insurance maintained by the City. (b) For claims-made coverage: (i) The retroactive date must be on or before the Contract date or the first date when any goods or services were provided to the City, whichever is earlier. (c) Contractor shall advise the City in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limits. At their own
41 Landscape and Irrigation Services Denver Parks and Recreation October 1Q 2011

expense, and where such general aggregate or other aggregate limits have been reduced below the required per occurrence limit, the Contractor will procure such per occurrence limits and furnish a new certificate of insurance showing such coverage is in force. 1.4.11 Construction Inspection by the City General Condition 1702. AUTHORITY OF INSPECTORS. is modified as follows: 1702.1 Persons who are employees of the City or who are under contract to the City or the City as lessee will be assigned to inspect and test the Work. These persons may perform any tests and observe the Work to determine whether or not designs, materials used, manufacturing and construction processes and methods applied, and equipment installed satisfy the requirements of the drawings and specifications, accepted Shop Drawings, Product Data and Samples, and the General Contractors warranties and guarantees. The General Contractor shall permit these inspectors unlimited access to the Work and provide means of safe access to the Work, which cost shall be included as a Cost of the Work without any increase to the Guaranteed Maximum Price. In addition, General Contractor shall provide whatever access and means of access are needed to oft-site facilities used to store or manufacture materials and equipment to be incorporated into the Work and shall respond to any other reasonable request to further the inspector’s ability to observe or complete any tests. Such inspections shall not relieve the General Contractor of any of its quality control responsibilities or any other obligations tinder the Contract. All inspections and all tests conducted by the City are for the convenience and benefit of the City. These inspections and tests do not constitute acceptance of the materials or Work tested or inspected, and the City may reject or accept any Work or materials at any time prior to the inspections pursuant to G.C. 2002. whether or not previous inspections or tests were conducted by the inspector or a City representative. .2 The Building Inspection Division will perform building code compliance inspections for structures designed for human occupancy. It is the General Contractor’s responsibility to schedule and obtain these inspections, if a code compliance inspection results in identification of a condition which will be at variance to the Contract Documents, the General Contractor shall immediately notify the Project Manager arid confirm such notification with formal correspondence no later than forty-eight (48) hours after the occurrence. When any unit of government or political subdivision, utility or railroad corporation is to .3 pay a portion of the cost of the Work, its respective representatives shall have the right to inspect the Work. This inspection shall not make any unit of government or political subdivision, utility or railroad corporation a party to the Contract, and shall not interfere with the rights of either party.

1.4.12 Work Order Close-Out Titles 19 and 20 of the General Conditions shall apply to this Contract, on a Work Order by Work Order basis, as supplemented by the following: Upon Substantial Completion of all Work performed under each Work Order in accordance with the Contract Documents, final close-out for that Work Order shall be made in accordance with the terms and conditions of Title 9 aM 20 of the General Contract Conditions. 1.5 Maximum Contract Amount and Term. The Maximum Contract Amount to be paid by the City to the Contractor for all Work performed under this Contract shall in no event exceed the sum of One Million Five Hundred Thousand Dollars ($1,500,000.00), unless this Contract is modified to increase said amount by a duly authorized, written contract amendment mutually agreeable to and executed by the panics hereto. The term of this Agreement shall he two (2) years from the date of execution of this Contract, unless extended by mutually agreeable contract amendment initiated at the
42 Landscape and Irrigation Services Denver Parks and Recreation October 1 ‘ 201!

sole discretion of the City. Each project will be assigned and authorized separately and no authorized Project cost will exceed Four hundred thousand Dollars and No Cents ($400,000.00). 2.0 CONTRACT DOCUMENTS: It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached hereto, bound herewith or incorporated herein by reference constitute and shall be referred to as the “Contract Documents” and all of said instruments, drawings and documents taken together as a whole constitute the Contract and Agreement between the parties hereto, and they are as fully a part of this Contract and Agreement as if they were set out verbatim and in full herein. This Contract. the Contract Documents and all subsequently issued Work Orders represent the entire and complete integration of all understandings between the Cit and the General Contractor and supercede all prior negotiations, representations or agreements, No prior or contemporaneous addition, deletion or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written amendatory or other agreement or change order properly executed by the parties. Exhibit A General Contract Conditions (incorporated by reference only)
-

Exhibit B Exhibit C Exhibit D

Project Proposal Solicitation Instnictions Project Proposal Solicitation Form Project Bid Form

Exhibit E —Work Order Form Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J

Work Order Notice to Proceed Work Order Final Receipt Performance and Payment Bond

--

Final/Partial Release Form Certification of Payment Form Work Order Change Form

Exhibit K

Exhibit L —Prevailing Wage Rate Schedule Exhibit M

Teclmical Specifications/Denver Parks and Recreation Planning, Design And Construction Standards (as updated) (incorporated by reference only) Certificate of Insurance Form

Exhibit N

If anything in the Contract Documents is inconsistent with this Construction Contract. 2.1 this Construction Contract will govern. The order of precedence of the Contract Documents shall be as follows: 2.1.1 2.1.2 2.1.3 this Construction Contract, as may be modified by change orders; the General Contract Conditions; the Construction Specifications referenced;
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Landscape and Irrigation Services Denier Parks and Recreation October 1 2011

2.1.4 2.1.5 2.1.6 2.1.7 2.1.8

any Technical Specifications; each fully executed Work Order; each set of Project Specifications; each set of Project Contract Drawings; and all other Exhibits.

2.2 The intent of the Contract Documents is to include all terms, conditions, work items and services necessary or required for the proper execution and completion of each Work Order. The Work Order and Contract Documents are complementary, and what is required by any one shall be binding as if required by all. Work items or services not covered in the Work Order or Contract Documents will be required unless they are not consistent with the Work Order or Contract Documents and are not inferable from the Work Order or the Contract Documents as being necessary to produce the result intended by the Work Order. Anything mentioned in the Project Specifications and not shown on the Project Drawings, or shown on the Project Drawings and not mentioned in the Project Specifications for any Work Order, shall be of like effect as if shown or mentioned in both. Words and abbreviations that have well known technical or trade meanings are used in any Work Order or the Contract Documents in accordance with such recognized meaning. 2.3 It is contemplated by the parties that numerous sequential Work Orders with attachments, including construction documents and technical specifications will be attached as Work Orders are executed and, as such, are incorporated by reference and made a part of the Contract Documents subsequent to execution of this Construction Contract. The incorporation of such Work Orders shall be accomplished by execution and issuance of each Work Order by the City. 2.4 Where reference is made in this Construction Contract to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 2.5 Construction Specifications Except as amended herein or in each Project Technical Specification, all Work performed under the terms of this Contract shall be governed by the applicable provisions of the following latest editions: Standard Speqfications for Construction, GENERAL CONTRACT CONDITIONS, City and County of Denver (The Index for which is bound herein and commonly referred to as the “Orange Book”) (1999 Edition) Colorado Department of Transportation ‘Standard Speccations for Road and Bridge Construction” (Sections 200 through 700 of the 2005 Edition). Standards and Details for the Cii’,’ and County of Denver (April, 2000) Traffic Barricade Manual, City and County ofDenver, (Published August I, 1992) (1999 Edition) Manual on UnUbrnz Traffic Control Devices for Streets & Highways (MUTCD) Building Code of the City and County of Denver
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(International Building Code 2003 Series, City and County of Denver Amendments 2004) National Fire Protection Association Standards (As referenced in the Building Code of the City and County of Denver) t Wastewater 1 anagement Division Sanitary’ (‘onsti-ucrion. Derail and Technical Specifications for Storm and

The aforementioned documents are available for review at the Capital Projects Management The Standard Office, 201 W. Colfax Ave.. Dept. 506, (5 floor), Denver, CO 80202. Specifications for Construction. GENERAL CONTRACT CONDITIONS, (‘try and County of Denver, and the Standards and Details for the City and (‘ounry of Denver are available for purchase at the Cashier, ,iid floor at 201 W. Colfax Ave., Denver, Colorado 80202.

3.0 RELATIONSHIP OF THE PARTIES: 3.1 The panics intend herein to establish a relationship wherein the City relies upon the integrity and fidelity of the General Contractor to complete each Project within the time and budget constraints set forth in this Construction Contract and each Work Order and in a manner which satisfies the City’s longstanding commitment to quality, efficiency. value, innovation, partnering, responsiveness to agency and community needs and compliance with all applicable regulatory requirements in the performance of general public improvements. 3.2 The General Contractor accepts the relationship of trust and confidence established by this Construction Contract with the City. The General Contractor further agrees to utilize the General Contractor’s best skills, efforts, and judgment in furthering the interests of the City regarding each Project; to furnish at all times an adequate supply of qualified and competent workers and quality materials; and to perform the work in the best, most expeditious, and economical manner. Further, the General Contractor agrees to furnish efficient business administration, construction management and superintendence and to use its best efforts to complete the Work of each Project in an expeditious and economical manner, consistent with the interests of the City. 3,3 The City will have a separate agreement with the Design Consultant to design each Project and to provide construction contract administration services necessary to ensure that the Project Work conforms to the Project Drawings and Project Specifications. Both the General Contractor and the Design Consultant shall be given direction by the City, or the City’s designated and authorized representative(s). The Contract Documents shall not be deemed to create any contractual relationship between the Design Consultant and the General Contractor or any separate contractors, subcontractors of any tier or suppliers on each Project. The relationship between the General Contractor and the Design Consultant is intended to be cooperative and proactive, with both participating on the same team with the City.

3.4 The General Contractor shall accept the designated and authorized representatives of the City identified in the Contract Documents and perform its obligations toward and in response to such representatives in the same manner it would toward and in response to the City, pursuant to such designation and authorization.
With reference to G.C. 214, CITY’S CONTRACT City Delegation Of Authority. ADMINISTRATION LINE OF AUTHORITY, the Manager delegates, for each Project. to the Project Manager specified in each Work Order the authority necessary to undertake the responsibilities identified as the responsibilities of the Deputy Manager and the Project Manager
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under this Contract. Additionally, the General Contractor’s questions concerning the Project Drawings and Specifications shall be directed to the identified Project Manager for each Project.
.

4O COORDINATION AND COOPERATION: 4.1 The General Contractor agrees to cooperate and coordinate fully with the City in its performance of the Work on each Project to meet or exceed the City’s time and budgetary objectives and limitations, while maintaining the City’s longstanding commitment to quality, efficiency, value, innovation, partnering, responsiveness to agency and community needs and compliance with all applicable regulatory requirements in the construction of general public improvements. 4.2 The General Contractor shall, as a continuing work item under this Construction Contract, facilitate coordination, communication and cooperation regarding its performance hereunder between the City’s Department of Parks and Recreation (“Parks and Recreation”), each Project Manager. each Design Consultant, the User Agency. other City consultants and any affiliated entities. In addition, the General Contractor shall coordinate its efforts under this Construction Contract with all involved governmental and regulatory entities. 4.3 The General Contractor shall be responsible for taking accurate and comprehensive minutes at all Project Construction meetings attended by the General Contractor regarding each Project. Those minutes shall be prepared in a format approved by each Project Manager and issued to all attendees, as well as those other parties designated by the City, no later than three working days after the meeting. Unless approved in advance in writing by each Project Manager and to the greatest extent practicable, Project meetings with the City shall be conducted in the City and County of Denver. Colorado. 4.4 Nothing contained in the Contract Documents shall be deemed to give any third party any claim or right of action against the City. the Design Consultant or the General Contractor that does not otherwise exist without regard to the Contract Documents. 5.0 DISPUTE RESOLUTION: It is the express intention of the panics to this Construction Contract that all disputes of any nature whatsoever regarding the Construction Contract including, but not limited to. any claims for compensation or damages arising out of breach or default under this Construction Contract, shall be resolved by administrative hearing pursuant to the provisions of Section 56-106. DRMC or, with respect to appropriate issues involving Small Business Enterprise contracting. by Section 28-33. DRMC. The General Contractor expressly agrees that this dispute resolution process is the sole and only dispute resolution mechanism that will be recoanized and employed by the parties for any claims put forward by the General Contractor, notwithstanding any other claimed theory of entitlement on the part of the General Contractor or its Subcontractors or Suppliers.

6.0 ADDITIONAL PROVISIONS:
6.1 No Discrimination in Employment. In connection with the performance of the Work under this Construction Contract, the General Contractor agrees not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified, solely because of race, color, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability; and the General Contractor further agrees to insert the foregoing provision in all subcontracts hereunder. Further, the General Contractor agrees to comply with the provisions of Section 28-45 to 28-47, DRMC, and all Rules and Regulations promulgated and adopted by the Manager of Public Works pursuant thereto relating to non-discrimination in employment by contractors, subcontractors and suppliers receiving compensation for work performed on each Project.
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6.2 Title to the Work. The parties agree that the City shall have title to all components and aspects of each Project which are in place and title to all materials for which any payment has been made to the General Contractor hereunder. 6.3 Minority and Women Business Enterprise (MIWBE Requirements. This Construction Contract is subject to all applicable provisions of Divisions land 3 of Article III, of Chapter 28, Denver Revised Municipal Code (D.R.M.C.). designated as Sections 28-31 28-36 and 28-52 —28-90 D.R.M.C. and referred to in this Contract as the “MJWBE Ordinance”. In accordance with the requirements of the M/WBE Ordinance, the Contractor is committed to, at a minimum, meet the participation goal of percent (%) established for this Project utilizing properly certified M/WBE subcontractors and suppliers. In addition to the applicable provisions of the M/WBE Ordinance, the Contractor agrees. as an express condition of its performance hereunder, to comply with the requirements of any approved MJWBE Compliance Plan. Such plan shall, at a minimum, include a narrative regarding compliance with the goal; a list of committed MJWBE participants along with dollar and percent participation for each evidencing compliance with the overall goal. and fully executed letters of intent for each listed participant, all in a form satisfactory to the City. Without limiting the general applicability of the foregoing, the Contractor acknowledges its continuing duty. pursuant to Sections 28-72. 28-73 and 28-75 DRMC and the MJWBE Program, to meet and maintain throughout the duration of this Construction Contract its participation and compliance commitments and to ensure that all Subcontractors subject to the M/WBE Ordinance or the M,/WBE Program also maintain such commitments and compliance. Failure to comply with these requirements may result, at the discretion of the Director of the Division of Small Business Opportunity (“DSBO”), in the imposition of sanctions against the Contractor in accordance with Section 28-77. DRMC, Nothing contained in this Paragraph or in the referenced City ordinance shall negate the City’s right to prior approval of Subcontractors, or substitutes therefore, under this Construction Contract.

6.4 Compliance with Wage Rate Requirements. In performance of all Work hereunder, the General Contractor agrees to comply with and be bound by all requirements and conditions of the City’s Payment of Prevailing Wages Ordinance. Sections 20-76 through 20-79. DRMC, including but not limited to all Construction Contract anniversary date wage rate adjustments, and any determinations made by the City pursuant thereto. In accordance with Section 20-76(b), DRMC, the prevailing wage rate schedule applicable to this Construction Contract shall be the most current schedule available at the time the General Contractor executes this Construction Contract and such schedule is attached hereto and incorporated herein as Exhibit M. For purposes of establishing a date for prevailing wage rate anniversary adjustments the contract date should be the date of the attached wage rate schedule (Exhibit 4)

6.5 Disposal of Non-Hazardous Waste at DADS. In accordance with the Landfill Agreement made between the City and Waste Management of Colorado. Inc.. proposers will be required to haul dedicated loads (non-hazardous entire loads of waste) to the Denver-Arapahoe Disposal Site CDADS”) for disposal. DADS is located at Highway 30 and Harnpden Avenue in Arapahoe County, Colorado. The City will pay all fees associated with such disposal but the proposer shall be responsible for the costs of transporting the loads. Non-hazardous waste is defined as those substances and materials not defined or classified as hazardous by the Colorado Hazardous Waste Commission pursuant to C.R.S. §25-15-207, as amended from time to time, and includes construction debris, soil and asbestos. Proposers shall not use Gun Club Road between 1-70 and Mississippi Avenue as a means of access to DADS.
6.6 Prohibition on Use of CCA-Treated Wood Products. The use of any wood products pressure-treated with chroniated copper arsenate (CCA) is prohibited. Examples of CCA-treated wood products include wood used in play structures, decks, picnic tables, landscaping timbers, fencing, patios, walkways and boardwalks

47 Landscape and Irrigation Services Denver Parks and Recreation October 19, 2011

6.7 Debarred Subcontractors Prohibited. The Contractor is prohibited from hiring any subcontractor currently debarred by the City in accordance with section 20-77 of the Denver Revised Municipal Code.

6.8 Applicability of Laws. This Contract and Agreement between the General Contractor and the City shall be deemed to have been made in the City and County of Denver. State of Colorado and shall be subject to, governed by and interpreted and construed in accordance with the laws of the State of Colorado and the Charter, the Revised Municipal Code, Rules. Regulations, Executive Orders and fiscal rules of the City. As such, the General Contractor shall at all times comply with the provisions of the Charter, Revised Municipal Code, Rules, Regulations, Executive Orders and fiscal rules of the City, and those of the State of Colorado and Federal Laws and Rules and Regulations, which in any manner limit, control or apply to the actions or operations of the General Contractor, any Subcontractors, employees. agents or servants of the Contractor engaged in the Work or affecting the materials and equipment used in the performance of the Work, as the same may be. from time to time, promulgated, revised or amended. The Charter and Revised Municipal Code of the City, as the same may be amended from time to time, are hereby expressly incorporated into this Construction Contract as if fully set out herein by this reference.
6.9 Appropriation. Notwithstanding any other term, provision, or condition herein, all payment obligations tinder this Construction Contract shall be limited to the funds appropriated or otherwise made available by the Denver City Council and paid into the Treasury of the City. As of the date of this Construction Contract, One Million Five Hundred Thousand Dollars ($1,500,000.00) have been appropriated for this Construction Contract. The Manager of Public Works, upon reasonable written request, will advise the General Contractor in writing of the total amount of appropriated and encumbered funds that are or remain available for payment to the General Contractor. The issuance of any form of order or directive by the City which would cause the aggregate amount payable to the General Contractor to exceed the amount appropriated for the Work to be performed in accordance with the Contract Documents is expressly prohibited. In no event shall the issuance of any change order or other form of order or directive by the City be considered valid or binding if it requires additional compensable Work to be performed, which Work will cause the aggregate amount payable for such Work to exceed the amount appropriated and encumbered for the Work, unless and until such time as the General Contractor has been advised in writing by the Manager of Public Works that a lawful appropriation sufficient to cover the entire cost of such additional Work has been made. It shall be the responsibility of the General Contractor to verify that the amounts already appropriated for the Work are sufficient to cover the entire cost of such Work, and any Work undertaken or performed in excess of the amount appropriated is undertaken or performed in violation of the terms of this Agreement, without the proper authorization for such Work, and at the General Contractor’s own risk and sole experme. 6.10 Assignment Strictly Prohibited. The General Contractor shall not assign or otherwise transfer, in whole or in part, any of its rights, benefits, claims. obligations, duties or entitlement to monies owed or which may become due under this Construction Contract, except upon the prior written consent and approval of the Manager to such assignment.

6.11 Conflict of Interest. The parties agree that no official, officer or employee of the City shall have any personal or beneficial interest whatsoever in the services or property described herein and the City further agrees not to hire or contract for services with any official, officer or employee of the City or any other person which would be in violation of the Denver Revised Municipal Code Chapter 2, Article IV, Code of Ethics, or Denver City Charter provisions 1.2.9 and 1.2.12.
6.12 Taxes, Charges and Penalties. Except as provided in the City’s Prompt Payment ordinance, codified at DRMC Sections 20-107. 20-108 and 20-109, the City shall not be liable for the payment of any taxes, late charges, interest or penalties of any nature arising out of this Construction Contract.
48 Landscape and Irrigation Services Den ‘er Parks and Recreation October JR 2011

6.13 Waiver of C.R.S. 13-20-802 a. seq. The Contractor specifically waives all the provisions of Part 8 of Article 20 of Title 13, Colorado Revised Statutes regarding defects in the Work under this Construction Contract.

6.14 Proprietary or Confidential Information. 6.14.1 City Information: The General Contractor understands and agrees that in performance of this Construction Contract, the General Contractor may have access to private or confidential information that may he owned or controlled by the City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to the City. The General Contractor agrees that all information disclosed by the City to the General Contractor shall be held in confidence and used only in performance of the Construction Contract. The General Contractor shall exercise the same standard of care to protect such information as a reasonably prudent General Contractor would to protect its own proprietary data.
6.14.2 General Contractor Information: The panics understand that all the material provided or produced under this Construction Contract may be subject to the Colorado Open Records Act, C.R.S. 24-72-201, et seq., and that in the event of a request to the City for disclosure of such information, the City shall advise the General Contractor of such request in order to give the General Contractor the opportunity to object to the disclosure of any of its proprietary or confidential material. In the event of the filing of a lawsuit to compel such disclosure, the City will tender all such material to the court for judicial determination of the issue of disclosure and the General Contractor agrees to intervene in such lawsuit to protect and assert its claims of privilege against disclosure of such material. The General Contractor further agrees to defend, indemnify and save and hold harmless the City. its officers. agents and employees, from any claim, damages, expense, loss or costs arising out of the General Contractor’s intervention to protect and assert its claims of privilege against disclosure under this Section including, but not limited to, prompt reimbursement to the City of all reasonable attorney fees, costs and damages that the City may incur directly or may be ordered to pay by such court.

6.15 Status of General Contractor. It is understood and agreed that the status of the General Contractor shall be that of an independent contractor retained on a contractual basis to perform work or services for limited periods of time, and it is not intended, nor shall it be construed, that the General Contractor, or any member of its staff or any consultant, is an employee or officer of the City for any purpose whatsoever.
6.16 Rights and Remedies Not Waived. No payment or failure to act under the Construction Contract by the City shall constitute a waiver of any breach of covenant or default which may then exist on the pan of the General Contractor. No assent, expressed or implied, by either pany to any breach of the Construction Contract shall be held to be a waiver of any default or other breach. 6.17 Notices. Any notices, demands, or other communications required or permitted to be given by any provision of this Construction Contract shall be given in writing, delivered personally or sent by registered mail, postage prepaid and return receipt requested, addressed to the parties at the addresses set forth herein or at such other address as either party may hereafter or from time to time designate by written notice to the other party given in accordance herewith. Notice shall be considered received on the day on which such notice is actually received by the party to whom it is addressed, or the third (3rd) day after such notice is mailed, whichever is earlier. Unless changed in writing, such notices shall be mailed to: If to the General Contractor:

49 lnndscape and irrigation Sen ices Denver Parks and Recreation October 19. 2o I I

IftotheCity: George Delaney Acting Manager of Public Works Department of Public Works City and County of Denver 201 West Colfax, Department 608 Denver, Colorado 80202 With a copy to: Jim Barwick, Engineering Manager Department of Public Works Capital Projects Management 201 West Colfax, Department 506 Denver, CO 80202 Gordon Robertson. Director Parks and Recreation, Planning Division City and County of Denver 201 West Colfax. Department 613 Denver, Colorado 80202

Assistant City Attorney City and County of Denver 201 West Colfax, Department 1207 Denver, Colorado 80202 6.18 Survival of Certain Provisions. The parties understand and agree that all terms, conditions and covenants of this Construction Contract, together with the exhibits and attachments hereto, if any, any or all of which, by reasonable implication, contemplate continued performance or compliance beyond the expiration or termination of this Construction Contract (by expiration of the term or otherwise), shall survive such expiration or termination and shall continue to be enforceable as provided herein. Without limiting the generality of the foregoing, the General Contractor’s obligations for the provision of insurance, for indemnity to the City and for preserving confidentiality of trade secrets and other information shall survive for a period equal to any and all relevant statutes of limitation, plus the time necessary to fully resolve any claims, matters, or actions begun within that period. 6.19 Contract Binding. It is agreed that this Construction Contract shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and duly authorized assigns. 6.20 Paragraph Headings. The captions and headings set forth herein are for convenience of reference only and shall not be construed so as to define or limit the terms and provisions hereof. 6.21 Severability. It is understood and agreed by the parties hereto that, if any part, term, or provision of this Construction Contract, except for the provisions of this Construction Contract reqtLiring prior appropriation and limiting the total amount to be paid by the City, is by the courts held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Construction Contract did not contain the particular part, term or provision held to be invalid. 6.22 No Eniplovment of Illegal Aliens to Perform Work Under the Agreement.

SO

Landftapet:od IrrigatoR? Services Denver Par&s and Recreation

October /‘). 2011

6.22.1 This Agreement is subject to Division 5 of Article IV of Chapter 20 of the Denver Revised Municipal Code, and any amendments (the “Certification Ordinance”). 6.22.2 The Contractor certifies that: 6.22.2.1 At the time of its execution of this Agreement, it does not knowingly employ or contract with an illegal alien who will perfonn work under this Agreement. 6.22.2.2 It will participate in the E-Verify Program, as defined in § 8-17,5101(3.7), C.R.S., to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement. 6.22.3 The Contractor also agrees and represents that: 6.22.3.1 It shall not knowingly employ or contract with an illegal alien to perform work under the Agreement. 6.22.3.2 It shall not enter into a contract with a subconsultant or subcontractor that fails to certify to the Contractor that it shall not knowingly employ or contract with an illegal alien to perform work under the Agreement. 6.22.3.3 It has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement. through participation in the E-Verify Program. 6.22.3.4 It is prohibited from using the E-Verify Program procedures to undertake pre-employment screening of job applicants while performing its obligations under the Agreement, and that otherwise requires the Contractor to comply with any and all federal requirements related to use of the E-Verify Program including, by way of example, all program requirements related to employee notification and preservation of employee rights. 6.22.3.5 If it obtains actual knowledge that a subconsultant or subcontractor performing work under the Agreement knowingly employs or contracts with an illegal alien, it will notify such subconsultant or subcontractor and the City within three (3) days. The Contractor will also then terminate such subeonsultant or subcontractor if within three (3) days after such notice the subconsultant or subcontractor does not stop employing or contracting with the illegal alien, unless during such threeday period the subeonsultant or subcontractor provides information to establish that the subconsultant or subcontractor has not knowingly employed or contracted with an illegal alien. 6.22.3.6 It will comply with any reasonable request made in the course of an investigation by the Colorado Department of Labor and Employment tinder authority of § 8-17.5-102(5), C.R.S, or the City Auditor, under authority of D.R.M.C. 20-90.3. 6.22.4 The Contractor is liable for any violations as provided in the Certification Ordinance. If Contractor violates any provision of this section or the Certification Ordinance, the City may terminate this Agreement for a breach of the Agreement. If the Agreement is so terminated, the Contractor shall be liable for actual and consequential damages to the City. Any such termination of a contract due to a violation of this section or the Certification Ordinance may also, at the discretion of the City, constitute grounds for disqualifying Contractor from submitting bids or proposals for future contracts with the City. 6.23 Electronic Signatures and Electronic Records. Contractor consents to the use of electronic signatures by the City. The Agreement. and any other documents requiring a signature hereunder. may be signed electronically by the City in the manner specified by the City. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or
51
Landscape and Irrigation Services Denver Parks and Recreation

October 19. 2011

because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original.

SIGNATURE tt PAGE TO FOLLOW*** REMAINDER OF PAGE INTENTIONALLY BLANK

52 Lands ape and Irrigation Services Denver Parks and Recreation October /Q 20/)

IN WITNESS WHEREOF, the City and the General Contractor have executed, through their
respective lawfully empowered representatives, this Agreement as of the day and year first above written.

ATTEST:

CITY AND COUNTY OF DENVER
By: Michael Hancock, Mayor

Debra Johnson, Clerk and Recorder, Ex-Offieio Clerk of the City and County of Denver APPROVED AS TO FORM: Douglas J. Friednash, Attorney for the City and County of Denver

RECOMMENDED AND APPROVED:
By

Manager, Department of Public Works By Manager, Department of Parks and Recreation

By:

Assistant City Attorney

REGISTERED AND COUNTERSIGNED

By

Dennis Gallagher, Auditor of the City and County of Denver Contract Control No.

“CITY” Contractor:

IRS.

NO.

By: Title:

GENERAL CONTRACTOR

53 Landscape and Irrigation Services Denver Parks and Recreation October iQ, 2011

EXHIBIT A GENERAL CONTRACT CONDITIONS (INCORPORATED BY REFERENCE ONLY)
54 Lnndscape and lrriaation Scrkcs Denver Parks and Recreation October 19, 2011

EXHIBIT B

PROJECT PROPOSAL SOLICITATION INSTRUCTIONS

Landscape and irrigalion Services Denver Parks and Recreation

October i9, 2011

On Call Landscape Improvements and Irrigation Construction Services Program
Project

Number:

Contract Control Number Project Proposal Solicitation Instructions
INSTRUCTION TO PROGRAM CONTRACTORS 18-1 These Instructions to Program Contractors are a part of the Contract Documents and are intended to serve as a guide to Program Contractors. They are general in nature and may be amended or supplemented as needed to support any specific Project Solicitation to bid. Each Program Contractor shall prepare its bid in strict compliance with all requirements of the Contract, the Contract Documents, each Project Proposal Solicitation and by careful application of these instructions. 18-2 BIDDING For each Project Proposal Solicitation for a Program Project, the Contract Documents contain the Profrct Bid Form for that Project, which must be used to submit a bid hereunder. The Program Contractor must fully complete, execute and submit this Project Bid Form, along with any other specified components of the Contract Documents, as its bid for the referenced Project. A Program Contractor is not required to submit as part of its bid the entire set of Contract Documents. However, each Program Contractor, by submitting its bid, shall be conclusively presumed to have received and reviewed all of the information contained in each Project Proposal Solicitation and the Contract Documents as these terms are further defined in the Contract. Each bid must be hand delivered, sent by electronic mail, or sent by fax, must be addressed to the Project Manager and must show on the first page of the submittal the full name of the Program Contractor, the Projcct Proposal Solicitation number, the City Project Number, and any descriptive title of the Project for which the bid is made. Each Project Proposal Solicitation will identify where and when the bid must be delivered. CONTRACT DOCUMENTS AS PUBLISHED BY CITY IB-3 Each Program Contractor shall be responsible for, and shall be deemed to have received, all the information contained in the Contract Documents and the Project Proposal Solicitation, including addenda, whether or not such Program Confractor has reviewed all or part of these documents. IB-4 COMPLETING AND SIGNING THE PRICING PROPOSAL The Program Contractor must complete each Project Bid form by legibly writing or printing in ink, in words and figures as required, all the Program Contractors prices offered for the Work to he performed, All blank spaces, which require a response of the Program Contractor, must be properly completed in full. If in the process of evaluating a bid, words and figures, as written on each Project Bid Form by the Program Contractor, do not agree, the written words will govern. For Project Bid Forms requiring unit price bids, the Program Contractor shall write in each Project Bid Form space provided a unit price for each item for which a quantity is given and shall also write the product of each unit price and the quantity specified in the “Amount” or “Total” space provided. Each Program Contractor must sign each Project Bid Form and give the Program Contractor’s current business address. If a corporation. both the president and the secretary must sign and the seal of the corporation must be affixed. Signatures of other persons may be acceptable if the bid
56 Landscape and Irrigation Services Denver Parks and Recreation October 19, 2011

contains sufficient evidence, satisfactory to the City in its sole discretion, to indicate that the other persons are authorized to bind the Program Contractor. INFORMAL AND UNBALANCED BIDS 18-5 Any alteration. interlineation. erasure, omission, deletion or addition by the Program Contractor to each Project Bid Form, as originally issued to the Program Contractor, shall render the accompanying bid informal and may constitute cause for rejection. Any unauthorized addition, conditional or alternate bids, failure to provide a unit price, lump sum amount or authorized alternate item specified or other irregularities of any kind which tend to render the bid incomplete, indefinite or ambiguous shall render the bid informal and may constitute cause for rejection. Bids that are unbalanced so that each item does not reasonably carry its own proportion of cost or that contain inadequate or unreasonable prices for any item may be rejected. Bids which have not acknowledged all addenda issued for this bid may also be rejected. The right is reserved by the City to reject any or all bids and to waive any informalities where it is deemed by the City to be in the best interests of the City to do so. INCONSISTENCIES IB-6 Any seeming inconsistencies or ambiguities between Documents or the Project Proposal Solicitation or any believes requires a decision or interpretation by the City Contractor by addressing a formal written communication bid opening. different provisions of the Contract point which the Program Contractor must be inquired into by the Program to designated Project Manager prior to

Information about the decision or interpretation made in response to any inquiry will he sent, faxed, or c-mailed to each Program Contractor prior to Project Bid Form submission. If the matter raised requires, in the sole discretion of the Manager, that an addendum to the bid documents he isstied, such addendum will be given to each Program Contractor and each shall be required to acknowledge the addendum by signing and identifying it in each Project Bid Form when submitting. After Project Bid Forms are opened, all Program Contractors must abide by the formal response of the Manager, as to any interpretation. The City shall not be bound and the Program Contractor shall not rely on any oral communication, interpretation clarification or determination of the Project Manager or other City representative prior to opening. PRE-BID MEETING 18-7 Program Contractors are urged to attend the pre-bid meeting(s) scheduled for any Project. Attendance is not mandatory; however. Program Contractors will be held responsible for all information presented at such meeting(s). ADDENDA 18-8 As its best interests may require, the City may issue addenda to any Project Proposal Solicitations. Such addenda shall he sent, faxed, or c-mailed to each Program Contractor prior to Project Bid Form submission as may be designated by each Program Contractor. All Program Contractors must acknowledge receipt of all addenda on each Project Bid Form at the time of submission of the Proposal.
BID OPENING IB-9 Unless otherwise suspended, delayed or canceled by posted notice from the Manager. bid opening will occur at the time and place designated in the Project Proposal Solicitation.
. 9 October) 20)1

Landscape and Irri cation Senices Den cer Parks and Recreation

lB-to EVALUATION OF BIDS AND BASIS OF BID SELECTION Proposals for each Project will be evaluated after being read in open meeting at the place designated for such bid opening. The low Program Contractor’s Proposal will be reviewed for responsiveness to the requirements of the Project Proposal Solicitation, Scope of Work confirmation and whether or not the bids contain irregularities which could give any Program Contractor an unfair advantage. Selection will be made on the basis of the lowest, total. responsive, qualified Proposal. which Proposal shall include the total base bid set forth on each Project Proposal Solicitation, plus the total of any alternates set forth on each Project Proposal Solicitation and selected by the City during evaluation. Alternates, if any are included in the bid, will be selected in the priority shown on the Project Proposal Solicitation, subject to the limits of available funds. Selection will be subject to all requirements and special Program Contractor qualifications contained in the Project Proposal Solicitation and subject to approval of such resulting Work Order in accordance with Lhe Charter and Revised Municipal Code of the City and County of Denver. In addition to all other specified requirements. the City will correct arithmetical errors in all bids and corrected totals only will be considered as the basis of selection. Upon concluding that a Proposal is. in fact, the lowest, total, responsive Proposal to the bidding conditions, the City will notify the Apparent Low Contractor. As its best interests may appear, the City and County of Denver reserves the right to waive informalities in bids, to reject any and all bids and to rebid any Project. lB-li NOTICE TO APPARENT LOW PROGRAM CONTRACTOR The Notice to Apparent Low Program Contractor is issued by the City directly to the selected Program Contractor and informs the Program Contractor that the Manager intends to issue a Work Order for the Project in accordance with the Contract. Specifically, it informs the Program Contractor of its obligations with respect to execution of the Work Order and instructs the Program Contractor on how to proceed toward execution of the Work Order. The City reserves the right to notify the Apparent Low Program Contractor, at any time within sixty (60) days from the date of the opening of the proposals. At a minimum, the issuance of such a notice will obligate the selected Contractor to obtain evidence of payment and performance bonding, in the form of an individual bond or a Change Rider to the Payment and Performance Bond included with the Contract. Unless otherwise specified in the notice, the Contractor will have three (3) days to submit to the City satisfactory evidence of surety for the Project, which evidence will be attached to the issued Work Order. In accordance with the terms and conditions contained in each Project Proposal Solicitation and any additional requirements set forth in the N:otice to Apparent Low Program Contractor or elsewhere in the Contract Documents, the Apparent Low Contractor shall execute the Work Order made available by the City for execution in the appropriate number of counterparts. The Apparent Low Contractor shall return the fully executed Work Order sets, along with any supplemental documents required herein, to the City and shall comply with all other conditions precedent to Contract execution within five (5) days of the date of issuance of thc Notice to Apparent Low Contractor by the City. Failure to comply with each of these requirements within five (5) days of the date of issuance of the Notice to Apparent Low Program Contractor by the City shall render the bid nonresponsive and may constitute cause for termination. Issuance of such Notice shall not, however, constitute a commitment on the part of the City or crcate any rights in the Apparent Low Contractor to any contract with the City.

Landscape and Irrigation Sen’ices Denver Parks and Recreation

October 19, 20?!

18-12

EXECUTION OF WORK ORDER

The process of authorizing and executing a Work Order is detailed in the Contract and requires action by both the apparent low Contractor and the City. After it notifies the Apparent Low Contractor, the City will prepare sufficient copies of the Work Order by incorporating all of the documents submitted by the Apparent Low Contractor into executable copies of the Work Order. These copies will then be executed by the City and the Contractor who shall thereafter properly sign all of the copies. At this time, the successful Program Contractor shall also provide any supplemental documents for incorporation into the Work Order. When the total process of Work Order execution is complete, a Work Order Notice to Proceed will be issued and a single executed copy of the Work Order will be delivered to the Contractor. Any work performed or materials purchased prior to the issuance of Notice to Proceed is at the Contractor’s sole risk and expense. 18-13 PERMITS AND LICENSES All permits, licenses and approvals required in the prosecution of the Work of any Project shall be obtained and paid for by the Contractor.
WAGE RATE REQUIREMENTS In preparing any Proposal hereunder, the Contractor must comply with and should carefully consider all requirements and conditions of the City’s Payment of Prevailing Wages Ordinance, Sections 20-76 through 20-79. D.R.M.C. and any determinations made by the City pursuant thereto.

18-14

At the time of the execution of the Contract, the then-current prevailing wage rates applicable to each Project shall be bound within the Contract Documents made available to each Program Contractor. These prevailing wage rates .shall be considered the minimum City prevailing wage rates to be paid by all contractors or subcontractors for a period not to exceed one (I) year from the date of the Contract. Increases in prevailing wages subsequent to the date of the Contract for a period not to exceed one (I) year shall not be mandatory on either the contractor or subcontractors. Future increases in prevailing wages on contracts whose period of performance exceeds one (I) year shall be mandatory for the contractor and subcontractors only on the yearly anniversary date of the Contract. The minimum City prevailing wage rate for any such subsequent yearly period or portion thereof shall be the wage rates in effect on the yearly anniversary date of the contract which begins such subsequent period. In no event shall any increases in prevailing wages over the amounts thereof as stated in such Technical Specifications and addenda thereto result in any increased liability on the part of the City and the possibility and risk of any such increase is assumed by all contractors entering into any such contract with the City. Decreases in prevailing wages subsequent to the date of the contract for a period not to exceed one year (1) shall not be permitted. Decreases in prevailing wages on contracts whose period of performance exceeds one (1) year shall not be effective except on the yearly anniversary date of the contract. 18-15 TAX REQUIREMENTS General. Program Contractors are referred to the General Contract Condition 322, TAXES, as to taxes to which they may be subject in performing the Work under this Contract, including hut not limited to sales and use taxes and the Denver Occupational Privilege Tax. The following instructions are to be considered along with the General Contract Conditions and not in lieu of them. Sales and Use Tax. Construction and building materials sold to contractors and subcontractors for use on structures, roads, streets, highways, and other public works owned by the City and County of Denver are exempt from state, RTD, and Cultural Facilities District sales and use
59 Landscape and Irrigation Sen-ices lien ver Parks and Recreation October 19, 2011

taxes. However, such materials will be subject to sales and use taxes imposed by the City and County of Denver. It is the responsibility of the Contractor and its subcontractors to apply to the Colorado Department of Revenue (“CDOR”) for a certificate, or certificates, of exemption indicating that their purchase of construction or building materials is for a public project, and to deliver to the City copies of such applications as soon as possible after approval by the CDOR. Program Contractors shall not include in their bid amounts the exempt state, RTD, and Cultural Facilities District Sales and Use Taxes. Denver Occupational PrivileQe Tax. Any employee working for a contractor, or a subcontractor, who earns over $500 working in Denver during a calendar month, is subject to the payment of the Employee Occupational Privilege Tax. The Contractor and any subcontractor must pay the Business Occupational Privilege Tax for each of its employees who is subject to such tax.

60 Landscape and Irrigation Sen’ices Denver Parks and Recreation October 19, 2011

EXHIBIT C

PROJECT PROPOSAL SOLICITATION FORM
6] Landscape and Irrigation Services Denver Parks and Recreation October 19, 201?

PROJECT PROPOSAL SOLICITATION
SOLICITATION NO. On Call Landscape Improvements and Irrigation Construction Services Program DEPARTMENT OF PUBLIC WORKS AND DEPARTMENT OF PARKS AND RECREATION Project Number: Control Number OC__________
.. . .. . ..•.. . .

.,

,.

CONTRACTOR: VENDOR ID: PROJECT MANAGERJPHONE: DATE: SOLICITATION’:

PROJECT NAME: PROJECT ID: FUND / ORG:

As provided for in Section 1.3.1 of the Contract, the Contractor is directed to submit an itemized proposal, stated as a lump sum price on the Project Bid Form provided, to satisfactorily complete and timely perform the Scope of Work described in: (1) this Project Proposal Solicitation No. (2) any Project Specific Drawings: (3) any Project Specific Technical Specifications. and (4) any other pertinent materials, The “Proposal Documents” are attached hereto and incorporated herein by this reference. In addition, the proposal shall comply with all terms and conditions of the Contract Documents; shall include all labor, tools, supplies, equipment, materials, effort and everythiTig necessary for and required to do, satisfactorily perform and timely complete all of the Project Work described, drawn, set forth, shown and included in this Solicitation; and shall include and identify all of the M/WBE participation (as a percentage of work). PROPOSAL SCHEDULE: Project Bid Forms will be Received by mail or hand delivery at: Wellington E. Webb Municipal Office Building 201 West Colfax, Department #613 Denver, Colorado 80202 Attn: Parks and Recreation Planning Division Or By e-mail to: [insert email address] (Project Manager) and heegee.hrem@denver2ov.org Or By fax to: (720) 913-0783 No Later Than: P.M., Local Time
62 Landscape and Irrigation Services Detiver Parks and Recreation Ocwl’er IV, 201?

[________

__,20_j.

Prior to submitting a proposal, the Contractor shall consult with the Project Contact identified below.

PROJECT DESCRIPTION AND ATTACMENTS:
[Project Manager to provide nanative and list of attachments]

PROJECT CONTACT:
[Project Manager to provide contact information]

PROJECT REOUIREMENTS:
Contract Time: _[PM to Fill in # 1_Days (Time to Substantially Complete from Notice to Proceed). Liquidated Damages Amount: _[PM to Fill in
#]_

Days.

Preproposa1 Meeting/Site Visit: _[PM to Fill in]_ (if any). Other Requirements: (Project Manager to provide all other Project Specific requirements].

MISCELLANEOUS:
As its best interest may appear, the City and County of Denver reserves the right to reject any or all proposals and to waive informalities in proposals.

63 Landscape and irrigation Services Denver Parks and Recreation October 19, 2011

EXHIBIT D

PROJECT BID FORM

64 Lundscape and Jrrieadon Services I)enver Parks and Recreation October 19, 201)

PROJECT BID FORM FOR SOLICITATION NO. On Call Landscape Improvements and Irrigation Construction Services Program DEPARTMENT OF PUBLIC WORKS AND DEPARTMENT OF PARKS AND RECREATION / Contract Control Number Project Number:
cfl

:

.na

PROJECT NAME: CONTRACTOR: PROJECT ID: VENDOR ID: FUND / ORG: PROJECT MANAGER/PHONE: CONTRACT CONTROL NUMBER: DATE: The Manager of Public Works/Manager of Parks and Recreation TO: City and County of Denver c\o Parks and Recreation Planning Office 201 East Colfax Avenue, Department 613 Denver, Colorado 80202 ATTN: Contract Administration
-

-

The Undersigned Contractor: having thoroughly examined the referenced Project Proposal Solicitation and attached Project specific plans, specifications, and other pertinent materials for the Project, as designated and enumerated in the Project Proposal Solicitation, and any and all addenda thereto: having investigated the location of and conditions affecting the proposed Work: and being acquainted with and fully understanding the extent and character of the Work covered by this Solicitation, and all factors and conditions affecting or which may be affected by the Work, HEREBY SUBMITS ITS PROPOSAL, pursuant to the Project Proposal Solicitation, a copy of which is attached, to furnish all labor, tools, supplies, equipment, materials, effort and everything necessary for and required to do, satisfactorily perform and timely complete all of the Project Work described, drawn, set forth. shown and included in the attached Solicitation in full accordance with and conformity to the Contract and all referenced Contract Documents for the lump sum price(s) set forth on this Proposal. All solicitation materials, plans, specifications, other documents and general Contract Documents, which taken as a whole constitute the Contract Documents for this Project, and which are incorporated herein, by reference, were made available to the Contractor, were received by the Contractor, were examined by the Contractor and form the basis for this Proposal. Total Proposal Amount of____________________________________________________
Dollars and Cents ($___________________ _____

(NOTE: Fill in Proposal Amount in words and figures) If after receipt and examination of this Proposal, the Manager mails a written Notice of Apparent Low Proposer, addressed to the Contractor, the Undersigned Contractor shall be ready to, and shall, within (_) days after the date of the notice execute the attached form of Work Order for the Project in conformity with this Proposal. Signed and Submitted by: on behalf of the above referenced Contractor.
65 v?dc(czpe 4 1 (SPILt !rriearion Sen’ices Denver Parks and Recreation October 19. 2011

Title:____________ Date:

The Contractor proposes to sublet the following Project Work in accordance with Paragraph 832. “Subcontracts” of the General Contract Conditions, and represents that, to the degree practical. all subcontractors known at the rime of proposal submittal have been identified.
Item of Work Percent ) of Total: Work Proposed Subcontractor aM Address

(Copy this page if additional room is required.)

66 Landscape and Irrigation Services Denver Parks and Recreation October 1 2011

SAMPLE BID FORM
Item Description and Price No. Bil) SCHEDULE A
01010-IA MOBILIZATION at the unit price of Estimated Quantity Estimated Cost

Dollars
and (S Lump Sum. 01500-IA Cents ) per # LS $

POT HOLE FOR UTILITY VERIFICATION at the unit price of
Dollars and (S Each. Cents )per #EA $

01500-2A

TRAFFIC CONTROL at the unit price of
Dollars and Lump Sum. Cents ) per # LS

$

02150-I A

TREE PROTECTION FENCE at the unit price of
Dollars and ($ Linear Foot. Cents ) per # LF $

02200-IA

ADJUST GRADE (CUT DISPOSED OF OFF SiTE) at the unit price of Dollars Cents and (S__________________ per Cubic Yard. AGGREGATE BASE COURSE at the unit price of Dollars Cents and (•$ ) per Cubic Yard.
67

# CY

$

02232-IA

# CY

S

Landscape and Irrigation Services Den “Cr Parks and Recreation

October / 9, 20)1

EXHIBIT E

WORK ORDER FORM

68 Landscape and Irrigation Services Denver Parks and Recreation October 19 2011

WORK ORDER On Call Landscape Improvements and Irrigation Construction Services Program DEPARTMENT OF PUBLIC WORKS AND DEPARTMENT OF PARKS AND RECREATION Number: /Contract Control Number
Project

CONTRACTOR: VENDOR ID: WORK ORDER NO.: PROJECT SOLICITATION:
.:;:: .

PROJECT PROJECT ID: FUND / ORG: PROJECT MANAGERJPHONE:
,

1. Pursuant to Project Proposal Solicitation No. dated 20_, award is hereby made and it is hereby mutually agreed that when this WORK ORDER has been signed by the City and the Contractor, the following described Scope of Work shall be satisfactorily performed by the Contractor in accordance with all Contract Documents and as herein stipulated and agreed: All Work described in: I. Project Proposal Solicitation No. 2. Project Bid Form No.
,

dated

20_ and attachments. 20_.

submitted by the Contractor on

Attached hereto and incorporated hcrein by this reference. 2. The Contractor agrees to furnish all labor, tools, supplies, equipment, materials, effort and everything necessary for and required to do, satisfactorily perform and timely complete all of the Project Work described, drawn, set forth, shown and included in this Work Order, in conformity with the requirements of the Contract, the Contract Documents and the above referenced Project assignment documents for the following consideration: Contract Amount: jExpressed as a lump sum in words and figures] The City agrees to pay to the Contractor, the Contract Amount above set forth, for the performance of all of the Work required under this Work Order and the Contractor agrees to accept said compensation as its full, complete and only consideration, compensation, payment and satisfaction therefore. 3. The Contractor agrees to furnish all labor, tools, supplies, equipment. materials, effort and everything necessary for and required to do, satisfactorily perform and timely complete all of the Project Work described, drawn, set forth, shown and included in this Work Order, in conformity with the requirements of the Contract, the Contract Documents and the above referenced Project assignment documents within the following period of performance: Contract Time: [Expressed in calendar Days]. and year] Completion Date: [Expressed by day, month

69 Landscape and irrigation Services Denver Parks and Recreation October 19, 2011

Failure to substantially complete the Work in the Contract Time above set forth, as the same may be extended by duly authorized Work Order Changes, shall result in the Contractor becoming liable to the City for liquidated damages on that Project, and not as a penalty, at the rate of Five Hundred Dollars ($500.00) or such other amount [Expressed as a lump sum in words and figures] as may be specified herein for each Day that the Contractor exceeds the time limits herein specified. Contractor: Agreed to and Accepted for Contractor by: Title Date

DEPARTMENT OF PARKS AND RECREAflON I have verified that funds are available and have been encumbered to pay the Contractor (hr the Work to he pcrformcd under this WORK ORDER.

APPROVALS

Approved as to Form Lw Assistant City Attorne

Date

By Parks and Recreation

-

Administrative or Budget Office

Date Approved by Director of Division of Small Business Opportunity Date

COST SUMMARY FOR CONTRACT NO. 0C92211 (By Contract Manager) Approved by Manager of Parks and Recreation Previous Work Orders Pres ious Work Order Change Additions SUB-TOTAL Previous Work Order Change Deductions Net Prior to this Work Order This Work Order Add <Deduct>
-

Date

Approved ty Parks and Recreation. Director of Planning

Date

Approved by Project Manager

Date

TOTAL ON- CALL CONTRACT AMOUNT ENCUMBERED TO DATE:

NOTE: No persons shalt authoriie or pertonn any of the above until the Work Order has alt signatures and has been distnhuted and the Project Manager issues a Work Order Notice to Proceed.

Dt5TRIBUTION: Auditor. Contract Administration. Parks and Recreation DSBO. Ccsutrnnt. Contractor, and Capita] Projects Division.

70 Landscape and Irrigation Sen/eec Denver Parks and Recreation October 19, 2011

EXHIBIT F

WORK ORDER NOTICE TO PROCEED

7’ Land.v-ape and Irrigaiwn Services !)enver Parks and Recreation October 19. 2011

WORK ORDER NOTICE TO PROCEED (SAMPLE)
Current Date Name Company Street City/State/Zip PROJECT NAME: Services Program PROJECT NUMBER: CONTRACT NUMBER: WORK ORDER NUMBER: On-Call Landscape Improvements and Irrigation Construction

You are hereby authorized and directed to proceed on 20_ with the work required to construct the Work Order noted above in accordance with the temis and conditions of your Construction Services Contract with the City and County of Denver. Please submit your construction schedule and other requested administrative documents to the Parks and Recreation Planning Division. The contractually established Contract Time for this Work Order is calendar days, therefore, all work must be complete on or before Sincerely,

( ) consecutive
20.

Dody Erickson Acting Manager

cc:

Auditor C Robenson. Parks & Recreation Projec.t Mamtgcr Contraci Administration DSBO

72 Landscape and Irrigation Services Denver Parks and Recreation October 1’). 2011

EXHIBIT G

WORK ORDER FINAL RECEIPT
73 Landscape and Irrigation Services Denver Parks and Recreation October 19, 2011

CITY AND COUNTY OF DENVER
DEPARTMENT OF PUBLIC WORKS Capital Projects Management Division/Parks & Recreation Planning I)ivision On-Call Landscape Improvements and Irrigation Construction Services Program
Project No.

Contract Control No. WORK ORDER NO. FINAL RECEIPT (SAMPLE)

Denver. Colorado

Received this date of the City and County of Denver, as full and final payment of the cost of the dollars improvements provided for in the foregoing Work Order, and cents ($ ), in cash, being the remainder of the full amount accruing to the undersigned by virtue of said Work Order; said cash also covering and including full payment for the cost of all extra work and material furnished by the undersigned in the construction of said improvements, and all incidentals thereto, and the undersigned hereby releases said City and County of Denver from any and all claims or demands whatsoever, regardless of how denominated, growing out of said Work Order.
And these presents are to certify that all persons performing work upon or furnishing materials for said improvements under the foregoing Work Order have been paid in full.

CONTRACTOR By: Title:

cc:

Auditor Contract Administration J. Barwick. CPM G.Robertson. Parks & Recreation Project Manager Contract Administration DSBO

74
Lind’cape and It’rigcsrwt, Services Denver Parks and Recreation October 10. 2011

EXHIBIT H

PERFORMAN CE AND PAYMENT BOND
(To be completed and attached by the Contractor with an appropriate Power of Attorney using the form above)
I)

Landscape and Irrigation Sen-ices Denver Parks and Recreation

October /9 20!]

PERFORMANCE AND PAYMENT BOND PRESENTS, that we. the undersigned a corporation organized and existing under and by virtue of the laws of the State of hereafter referred to as the “Contractor, and a corporation organized and existing under and by virtue of the laws of the State of and authorized to transact business in the State of Colorado, as Surety. are held and firmly bound unto the CITY AND COUNTY OF DENVER, a municipal corporation of the State of Colorado, hereinafter referred to as the “City”, in the penal sum of lawful money of the United States of America. for the payment of which sum, vell and truly to be made, we bind ourselves and our heirs, executors, administrators, successors and assigns. jointly and severally, firmly by these presents:
.

KNOW

ALL

MEN

BY

THESE

THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT: WHEREAS, the above bounden Contractor has on the day of 200_, entered into a written contract with the aforesaid City for furnishing all labor and tools, supplies, equipment, superintendence, materials and everything necessary for and required to do, perform and complete the construction of the OnCall Landscape Improvements and Irrigation Construction Services Program, Project ID No. Denver, Colorado. and has bound itself to complete the project within the time or times specified or pay liquidated damages, all as designated, defined and described in the said Contract and Conditions thereof, and in accordance with the Plans and Technical Specifications therefore, a copy of said Contract being made a part hereof:
,

NOW, THEREFORE. if the said Contractor shall and will, in all particulars well and truly and faithfully observe, perform and abide by each and every Covenant. Condition and part of said Contract, and the Conditions, Technical Specifications, Plans, and other Contract Documents thereto attached, or by reference made a part thereof and any alterations in and additions thereto, according to the true intent and meaning in such case, then this obligation shall be and become null and void; otherwise, it shall remain in full force and effect; PROVIDED HMTHER, that if the said Contractor shall satisfy all claims and demands incurred by the Contractor in the performance of said Contract, and shall fully indemnify and save harmless the City from all damages. claims, demands, expense and charge of every kind (including claims of patent infringement) arising from any act, omission, or neglect of said Contractor. its agents. or employees with relation to said work: and shall fully reimburse and repay to the City all costs, damages, and expenses which it may incur in making good any default based upon the failure of the Contractor to fulfill its obligation to furnish maintenance, repairs or replacements for the full guarantee period provided in the Contract Documents, then this obligation shall be null and void; otherwise it shall remain in full force and effect; PROV[DED FURTHER, that if said Contractor shall at all times promptly make payments of all amounts lawfully due to all persons supplying or fumishing it or its subcontractors with labor and materials, rental machinery, tools or equipment used or performed in the prosecution of work provided for in the above Contract and that if the Contractor will indemnify and save harmless the City for the extent of any and all payments in connection with the carrying out of such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect; PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor. materials, team hire, sustenance, provisions, provender, gasoline, lubricating oils, fuel oils, grease, coal, or any other supplies or materials used or consumed by said Contractor or its subcontractors in performance of the work contracted to be done, or fails to pay any person who supplies rental machinery, tools or equipment, all amounts due as the result of the use of such machinery, tools or equipment in the prosecution of the work, the Surety will pay the same in any amount not exceeding the amount of this obligation, together with interest as provided by law;

76 Landscape and irrigation Services Denver Parks and Recreation October 1 ft 20]!

PROVIDED FURTHER. that the said Surety, for value received, hereby stipulates and agrees that no change. extension of time, alteration or addition to the terms of the Contract, or to contracts with others in connection with this project. or the work to be performed there under, or the Technical Specifications and Plans accompanying the same, shall in any way affect its obligation on this bond and it does hereby waive notice of any change. extension of time, alteration or addition to the terms of the Contract, or contracts, or to the work, or to the Technical Specifications and Plans. IN WITNESS WI-TEREOF, said Contractor and said Surety have executed these presents as of this 200_. day of

Contractor
Attest: By: President Secretary Surety By Attorney-In-Fact

(Accompany this bond with Attorney-in-Facts authority from the Surety to execute bond, certified to include the date of the bond). APPROVED AS TO FORM: David Fine Attorney for the City and County of Denver By:_ Assistant City Attorney APPROVED FOR THE CITY AND COUNTY OF DENVER By: Michael Hancock MAYOR

George Delaney MANAGER OF PUBLIC WORKS By:
Dody Erickson MANAGER OF PARKS AN]) RECREATION

Lnndccape and IrnQaUon Seniees Denver Parks and Recreaiion

Ocinber 19. 2011

PERFORMANCE AND PAYMENT BOND SURETY AUTHORIZATION

(SAMPLE)

FAX NUMBER: TELEPHONE NUMBER:

720-913-3183 720-913-3267

City Attorney City and County of Denver Wellington E. Webb Municipal Office Building 201 West Colfax Avenue. Dept 1207 Denver, Colorado 80202 RE: (Company name) Contract No: Project Name: On-Call Landscape Improvements and Irrigation Construction Services Project Identification No. Contract Amotint: Performance and Payment Bond No.: Dear City Attorney, The Performance and Payment Bonds covering the above captioned project were executed by this agency. through insurance 20.
on

company,

We hereby authorize the City and County of Denver, Department of Public Works, to date all bonds and powers of attorney to coincide with the date of the contract. If you should have any additional questions or concerns, please don’t hesitate to give inc a call at Thank you. Sincerely,

78 Landscape and IrrigaiIon Services Denver Parks and Recreation October 19, 2011

EXHIBIT I

FINAL/PARTIAL LIEN RELEASE FORM

79 Landscape and Irrigation Services Denver Parks and Recreation October 19, 2011

DEPARTMENT OF PUBLIC WORKS PARKS AM) RECREATION PLANNING DIVISION FINAL/PARTIAL RELEASE AND CERTIFICATE OF PAYMENT (SUBCONTRACTOR/SUPPLIER) On-Call Landscape Improvements & Irrication Construction Services Pro cram (CITY PROJECT NAME) Proiect ID / (CITY PROJECT NUMBER) Date:
.

20

Subcontract #:

(NAME OF CONTRACTOR) Subcontract Value: $ Last Progress Payment: $ Date: Total Paid to Date: $_ Date of Last Work:

(NAME OF SUBCONTRACTOR/SUPPLIER) Check Applicable Box: []WBE [IMBE

The Undersigned hereby certifies that all costs, charges or expenses incurred by the undersigned or on behalf of the undersigned for any work, labor or services performed and for any materials, supplies or equipment provided on the above referenced Project or used in connection with the above referenced Subcontract (the Work Effort) have been duly paid in full. The Undersigned further certifies that each of the undersigned’s subcontractors and suppliers that incurred or caused to be incurred, on their behalf, costs, charges or expenses in connection with the undersigned’s Work Effort on the above referenced Project have been duly paid in full. representing the Last Progress Payment referenced above and in forther consideration of the In consideration of Total Paid to Date, also referenced above, and other good and valuable consideration received and accepted by the undersigned this day of 20,, the Undersigned hereby releases and discharges the City and County of Denver (the “City”) the above referenced City Project, the City’s premises and property and the above referenced Contractor from all claims, liens, rights, liabilities, demands and obligations, whether known or unknown, of every nature arising out of or in connection with the performance of the work effort,
$____________

As additional consideration for the payments referenced above, the undersigned agrees to defend, indemnify and save and hold harmless the City, its officers, employees, agents and assigns and the above-referenced Contractor from and against all costs, losses, damages, causes of action, judgments under the subcontract and expenses arising out of or in connection with any claim or claims against the City or the Contractor which arise out of the Undersigned’s performance of the Work Effort and which may be asserted by the Undersigned or any of its suppliers or subcontractors of any tier or any of their representatives, officers, agents, or employees. It is acknowledged that this release is for the benefit of and may be relied upon by the City and the referenced Contractor, The foregoing shall not relieve the undersigned of any obligation under the provisions of the Undersigned’s subcontract, as the subcontract may have been amended, which by their nature survive completion of the Undersigned’s work effort including, without limitation, warranties, guarantees, insurance requirements and indemnities, STATE OF COLORADO CITY OF ) (Name of Subcontractor) Signed and sworn before me this day of 20-. By:_______________________________________________________ Title:

Notary Public/Commissioner of Oaths My Commission Expires

80 Landscape and Irrigation Services Denver Parks and Recreation October 19, 2011

EXHIBIT

J

CONTRACTORS ON-CALL WORK ORDER CERTIFICATION OF PAYMENT FORM

Office of Economic Development Compliance Unit

City and County of Denver Contractors Certification of Payment (CCP)
Pay Period: Amount Requested: $ Project Name: Percent Complete: Prepared By: Project Manager: Phone:

201 W. Colfax Ave.. Dept. 907 Denver, CO 80202 Phone: 720.913.1999 Fax: 720.913.1803

Pay Application it:

Project :

Current Completion Date:

I

Contractor

(I) (II)
-

-

Original Contract Amount: $

Current Contract Amount: $ F Amount Paid Previous Pay Rppllcanon fr

B % Bid C Current Contract Amount including Amendments D % Revised (C/I)

G Net Paid To Date

Prime/Subcontractor/Supplier Name

MBE WBE

A Original Contract Amount

E Requested Amount this Pay Application

H Paid % Achieved (S/Il)

Contractor

Total

The undersigned certifies that the information contained in this document is true, accurate and that the payments shown have been made to all subcontractors and suppliers used on this project and listed herein.

Prepared By (Signature): Page of

Date:

Office of Economic Developmenl
/$sr
c

Division of Small Business Opportunity Compliance Unit 201 West Colfax Avenue. Dept. 907

\%t3c±fr

Instructions for Completing the Contractor/Consultant Certification of Payment Form

Denver CO 80202 Phone: 720-913-1999 Fax: 720.913-1803

Note: The attached Contractor/Consultant Certification of Payment form must be completed by the Contractor/Subconsultant and all subcontractors/subconsultant or suppliers used on the project at any tier and submitted with each pay application. The Contractor/Consultant is responsible for the accuracy of all information provided and is required to have each subcontractor/subconsultant or supplier fill out the appropriate forms. Please be sure to complete all information requested at the top of the form including the name of the person who prepared this form. If you reproduce this form, you must continue to list each of the originally listed firms, as well as any additional firms used during the performance period of the contract. If you have any questions, please call the Compliance Unit of DSBO at 720.913-i 999.
Instructions for Completing the Contractor/Consultant Certification of Payment Form, per Column Contractor/Subcontractor or Subconsultant/Supplier Name: In the space provided, list all subcontractors/ subconsultants and suppliers used on the project. For all MBEIWBEs use the exact name listed in the DSBO Directory. MBE/WBE!NON: For each name listed, indicate whether the entity is a certified MBBWBE. Column A: Provide the contract amount, as listed at bid time, for the Contractor/Consultant and each subcontractor/subconsultant or supplier. Column B: Provide the percentage portion of each listed subcontractor/subconsultant or supplier contract amount (Column A) compared to the total original contract amount in (I). Column C: Provide the original contract amount (Column A) for each subcontractor/subconsultant or supplier plus any awarded alternate and/or change order amounts applicable. It an alternate/change order does not apply to the listed firm, re-enter the original contract amount (Column A). Column D: Provide the percent portion of each listed subcontractor/subconsultant or supplier contract amount (Column C) compare to the current total contract amount in (II). Column E: Provide the amount requested for work performed or materials supplied by each listed subcontractor/subconsultant or supplier for this pay application. The sum of the items in this column should equal the estimated amount requested for this pay application. Column F: Provide the amount paid to each subcontractor/subconsultant or supplier on the previous pay application. Enter the previous pay application number in the column heading. The sum of the items listed in this column should equal the warrant amount paid to the Contractor/Consultant on the previous pay application. The amounts paid to the subcontractor/subcontractor or suppliers should be the actual amount of each check issued. Column G: or supplier. Provide the net paid to date for the Contractor/Subconsultant and each listed subcontractor/subconsultant

Column H: Provide the percent portion of the net paid to date (Column G) for the Contractor/Subconsultant and each listed subcontractor/subconsultant or supplier of the current total contract amount in (II).

EXHIBIT K WORK ORDER CHANGE FORM

WORK ORDER CHANGE On Call Landscape Improvements and Irrigation Construction Services Program
DEPARTMENT OF PUB[JC WORKS ANt) DEPARTMENT OF PARKS AND RECREATION PROJECT ID CONTRACT \tO
DEP:RThIIENT 01 PUS’ It’ ORk5 CITY .5 COI,\TY OP DENS FR-AU S

toti AX AVE.

DEPt tO5--DENVFIZ. CO S’)C ‘30*3

CONTRACTOR: VENDOR ID: WORK ORDER NO.: PROJECT PROPOSAL SOLICITATION.:
:S
.. . .

PROJECT

NAME:

PROJECT ID:

FUND / ORG:
PROJECT MANAGERIPHONE:
.*

reasrona. rr,*

.*

.orosAEc0EN***3?r*

It is hereby mutually agreed that when this WORK ORDER CHANGE has been signed by the contracting parties, the following described modifications (additions/deletions) shall he executed by the Contractor without changing the terms of the Contract, except as herein stipulated and agreed: Modifications to the Contract as described in Project Proposal Solicitation No,
,

dated

The additional sum, as indicated herein below, constitutes full, complete and only consideration, compensation. payment and satisfaction to the Contractor for the above described modifications to the Work Order Scope of Work, and the Contractor hereby agrees to accept this compensation and make no lijrther claims, demands, or requests of any kind whatsoever for further monies, extensions of time, other consideration for the above described modifications to the Work Order.

THE CONTRACTOR AGREES to famish all material and labor, tools, supplies, equipment, materials, effort, and everything required to satisfactorily perform and timely complete the above described modifications in accordance with all requirements for Work cotered by the Work Order, except as othcr]se stipulated herein, for the follo”tng consideration:
Add to / Deduct from the Work Order Contract Amount, the sum of Increase / Decrease the Work Order Contract Time by Contractor:

Dollars (S___________ Modified Completion Date:

Calendar days.

Agreed to and Accepted for Contractor by:

Title

Date

WORK ORDER NO. COST SUMMARY (By Project Manager)

DEPARTMENT OF PARKS AND RECREATION
I have verified that litnds are available and have been encumbered to

pay the Contractor for the Work to he performed under this WORK ORDER CHANGE.

Original Work Order Amount
Previous Work Order Modification Additions SUB-TOTAL

$________

$___________

By Parks and Recreation
$_________ $___________

-

Administrative or Budget Office

Date

Previous Work Order Modification Deductions Net Prior to this Work Order Change This Work Order Change Add <Deduct> REVISED TOTAL WORK ORDER AMOUNT
-

$___________

APPROVALS

S____________
$________

Approved by Director of Small Business Opportunity Division

Date

CONTRACT NO. OC92211 COST SUMMARY (By Contract Manager) Total of All Work Orders Issued to Date Total Previous Work Order Modification Additions
All Work Orders SUB-TOTAL

$___________

Approved by Manager of Parks and Recreation

Date

S S Approved by Parks and Recreation. Director of Planning Date

Total Previous Work Order Change Deductions All Work Orders
Net Contract Amount Prior to this

$ S

Work Order Change

This Work Order Change

Add <Deduct>

TOTAL CONTRACT AMOUNT

$ $

Approved by Project Manager

Date

No persons shall authnhze or perform any of the above until the NOTE: Work Order has all signalures and has been disttihuted and the Project Manager issues a Work Order Notice to Proceed.

DISTRIBUTION: Auditor, Contract :\dtiiinistratioti, Parks and Recreation. DSBO. Consultant. Contrnctor. and Capital Proiccis Disision

ITEM

PR NO.

DESCRIPTION

COST

BASIS*)

BASIS OF CHANGE A C D
Using Agency Request Contractor Request Design Consultant Request

F x

Field Condition
other:

other:

EXHIBIT L PREVAILING WAGE RATE SCHEDULE

EXHIBIT M TECHNICAL SPECIFICATIONS AND PARKS STANDARDS (IFANY) (BOUND SEPARATELY)

Career SaMoa AMthorfty OerveCs -cirnan ResaLrCe Agenc 201 W. Golfax. Depr?rnent 412 Der.er. CO 80202

DENVER
flit Mitt HIGH CITY

.7201i5720
v.iw.cerergo.C.rgCSa

TO: FROM: DATE: SUBJECT:

All Users of the City of Denver Prevailing Wage Schedules Meredith Creme, Associate Human Resource Professional Friday October 7, 2011 Latest Change to Prevailing Wage Schedules

Please be advised, prevailing wage rates for some building, heavy, and highway construction trades have not been updated by the United States Department of Labor (DCL) since March 1, 2002. The Career Service Authority Board, in their meeting held on April 21, 2011, approved the use of the attached supplemental wage rates until prevailing wage rates for these classifications of work are again published by the United States Department of Labor in accordance with the Davis-Bacon Act. The rates will be provided as a supplemental to the Davis-Bacon Heavy rates issued by CSA. The effective date for this publication will be Friday October 7, 2011 and applies to the City and County of Denver for HEAVY CONSTRUCTION PROJECTS in accordance with the Denver Revised Municipal Code, Section 20-76(c). General Wage Decision No. C0080012 Superseded General Decision No. C020070012 Modification No. 26 Publication Date: 09-30-2011 (10 pages) Unless otherwise specified in this document, apprentices shall be permitted only if they are employed pursuant to, and individually registered in, a bona fide apprenticeship program registered with the U.S. Department. Cf Labor (DCL). The employer and the individual apprentice must be registered in a program, which has received prior approval, by the DCL. Any employer, who employs an apprentice and is found to be in violation of this provision, shall be required to pay said apprentice the full journeyman scale. For questions please call (720) 913-5009 Attachments as listed above.

.p*::i

for City Services Denver gets it done!

General Decision Number: C0100012 09/30/2011 Superseded General Decision Number: C020080012 State: Colorado Construction Type: Heavy

C012

Counties: Adams, Arapahoe, Boulder, Broomfield, Denver, ariner, Mesa, Pueblo and weld Douglas, El Paso, Jefferson, CountIes .n Colorado.

HEAVY CONSTRUCCION ?RO:EC:S Mcd:f:caton N-jmter 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A53E0028—031 07/01/2010 a:es Asbestos Workers/nsuator rcludes appll:aticr. all insulating materials, protective ccverln;s, coatings and fInIshIngs to all types of mechanical systems) 3RC03007—004 01/01/2311 ADAMS, ARAPAHOE, BOULDER, BROGMFIELD, DENVER, DOUGLAS AND JE.FFERSON COUNTIES !rlnges Puolication flate 03/12/2013 35/07/2010 05/21/2013 06/04/2010 07/02/2010 07/09/2010 07/16/2010 08/06/2010 08/13/2010 08/20/2010 09/03/2010 09/24/2010 10/08/2010 10/29/2010 12/03/2010 01/21/2011 01/28/2011 02/11/2011 05/06/2011 05/20/2011 06/24/2011 07/08/2011 07/15/2011 07/29/2011 08/12/2011 08/19/2011 09/30/2011

$ 33.23

11.53

Rates

Fringes

BRICKLAYFO. BRCO0O07L06 06/01 / 2011
flr
10100

$ 22,13

9.89

EL PASO AND PUEBLO

S

Rates ELECOR C LAB Electrical work where toe cost zs Sh.0,000 or less... .5 Electr toal work where the cost is over $150,000 ELECDO68001 06/01/2011 DOUGLAS,

22.85

10. 10.91

27.00

ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, DENVER, JEFFERSON, LARIMER, AND WELD COUNTIES

Rates ELECTRICIAN ELECO111—OOt 09/01/2010 Rates Line Constroction: Cable Splicer Equipraent Operator Underoroorrd _one oq010r’ooo Operator Linertar sod Welder

Fri. nges 12.52

$ 31.60

Fringes

S

28.65
2.5.06

13.75%-1.75 l2.75%1.75 :oe-’-6. 0 20.75%-4.°5
.

S

S /o./ S 35.21

EL PASO COUNTY

za.0O

ELECO9•69—002 MESA COUNTY

16/2; 1/2010

Rates ELECTRICIAN
*

Fringes 5.66

$ 20.75
05/01/2011

ENCI0009-001

Rates Power equipment operators: Blade: Finish Blade: Rough Bulldozer 50 tons and under Cranes: 51 to 90 tons Cranes: 91 to 140 tons Cranes: Cranes: 141 tons and over Forklift Mechanic Oiler Scraper: Single bowl under 40 cubic yards Scraper: Single bowl, including pups 40 cubic yards and over and tandem bowls :rackace R0N0024—003 07/01/2011 Rates !ronworkers Structural LAB00086—001 05/01/2009 Rates Laborers: Pipelayer
P:uM0003—005 C6/Ol/2010

Fringes

$ $ $ .$ $ $ .$ $ $ $

23.97 23.67 23.67 23.82 23.97 24.12 24.88 23.32 25.97 22.97

9.22 9.22 9.22 9.22 9.22 9.22 9.22 9.22 9.22 9.22 9.22

$ 23.82

$ 23.97 S 23.82

9.22 9.22

Fringes
8.07

S 23.80

rriztges

$ 18.68

6.78

ADA.W.S, ARAPARCE, BOULDER, BROOMF:no, DENVER, DOUGlAS, JEFFERSON, !.ARIMER AND WELD coix::zs

Rates
?LUVBEq S 33.37

Fringes
10.35

?LDMOO5S—002 07/01/2011 EL PASO COUNTY Rates Plumbers and Pipefitters PLUMQO58—008 07/01/2011
PUEBLO COUNTY

Fringes 12.85

$ 32.05

Rates Plumbers and Pipefi::ers PLUMO14S—002 07/01/2011

Fringes

$ 32.05

12.85

MESA COUNTY Rates Plumbers and Pipefitters PLUM0208004 06/01/2011 ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, JEFFERSON, LARIMER AND WELD COUNTIES
DENVER,

Fringes 11.05

$ 35.17

DOUGLAS,

Rates PIPEFITTER SHEE0009002 01/01/2011 Rates Sheet metal worker SUCO2001—006 12/20/2001 Rates BOILERMAKER $ 31.66

Fringes 11.26

$ 32.61

Fringes 10.98

Fringes

$ 17.60

Carpenters: Form Building and Setting.. .$ 16.97 All Other Work $ 15.14 Cement Mason/Concrete Finisher.. .$ 17.31 IRONWORKER, REINFORCING

2.74 3.37 2.85 3.90

$ 18.83 $ 11.22 $ 8.91
$ 12.56

Laborers: Common Flagger Landscape Painters: Brush,

2.92 3.80 3.21

Roller & Spray

$ 15.81 $ 16.36
$ $ 17.24 15.37

3.26

Power equipment operators: Backhoe Front End Loader Skid Loader TEAM04350Ol 05/01/2000

2.48 3.23 4.41

Rates Truck drivers: Pickup Tandem/Semi

Fringes

$ 14.21 and Water

$ 14.93

5.27 5.27

WELDERS Receive rate prescribed for craft performing operation to which welding is incidental,
-

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Wage and Hour Division
U.S. Department of Labor

200 Constitution Avenue, N.W. Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

The request should be accompanied by a full statement of the interested partys position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

Career Service Authority Supplemental to the Davis-Bacon HEAVY Construction Proiects rates (Specific to the Denver Projects) (Supp#70. Date: 10-07-2011)

Classification Millwrights Line Construction:

:

$2800 Lineman. Gas Fitter/Welder Line Eq Operator/Line Truck Crew $36.88 $25.74

ia.J

Fdnqe $10.00 $9.55 $8.09

Power Equipment Operators (Tunnels Above and Below Ground, shafts and raises): GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUPS GROUP 6 GROUP 7 Power Equipment Operators: GROUP GROUP GROUP GROUP GROUP GROUP GROUP Ironworkers (Ornamental) Laborers: GROUP 1 GROUP 2 GROUP 3 GROUP 1 GROUP 2 GROUP 3 GROUP4 GROUPS Laborers (Removal of Asbestos) Truck Drivers: GROUP 1 GROUP 2 GROUP3 GROUP 4 GROUPS GROUP 6 1 2 3 4 5 6 7 $22.97 $23.32 $23.67 $23.82 $23.97 $24.12 $24.88 $24.80 $17.68 $18.18 $21.59 $18.53 $18.63 $19.73 $21.59 $19.68 $21.03 $18.42 $19.14 $19.48 $20.01 $20.66 $21.46 $10.60 $10.63 $10.67 $10.68 $10.70 $10.71 $10.79 $10.03 $8.22 $8.27 $8.61 $8.30 $8.31 $8.42 $8.61 $8.42 $8.55 $10.00 $10.07 $10.11 $10.16 $10.23 $10.31 $25.12 $25.47 $25.57 $25.82 $25.97 $26.12 $26.37 $10.81 $10.85 $10.86 $10.88 $10.90 $10.91 $10.94

t

Laborers: (Tunnel)

POWER EQUIPMENT OPERATOR CLASSIFICATIONS (TUNNELS ABOVE AND BELOW GROUND, SHAFTS. AND RAISES): GROUP GROUP GROUP GROUP GROUP Slusher; GROUP GROUP 1 Brakeman 2 Motorman 3 Compressor 4 Air Tractors: Grout Machine; Gunnite Machine: Jumbo Form 5 Concrete Placement Pumps; Mucking Machines and Front End Loaders, Underground. Mine Hoist Operator; Mechanic 6 Mechanic Welder 7-Mole
-

-

-

-

-

-

NOTE: Any equ,Øment fisted below being used in tunnel work, below or above ground shall be paid not less than $2.00 per hour above the listed wage rates.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS: GROUP 1 Air compressor, brakeman, drill operator smaller than Watson 2500 and similar, operators of 5 or more light plants, welding machines, generators, single unit conveyor, pumps, vacuum well point system, tractor, under 70 hp with or without attachments compressors, 360 C.F.M. or less.
-

GROUP 2 Conveyor, handling building materials, ditch witch and similar trenching machine, haulage motor man, pugmill, portable screening plant with or without a spray bar, screening plants, with classifier.
-

GROUP 3 Asphalt screed, asphalt plant, backfiller, bituminous spreader or laydown machine; cableway signalman, caisson drill, William MF, similar or larger; CMI. and similar, concrete batching plants, concrete finish machine, concrete gang saw on concrete paving, concrete mixer, less than 1 yd., concrete placement pumps, under 8 inches, distributors, bituminous surfaces dozer, drill, diamond or core, drill rigs, rotary, churn, or cable tool, elevating graders, elevator operator, equipment, lubricating and service engineer, grout machine, gunnite machine, hoist, I drum, horizontal directional drill operator, sandblasting machine, single unit protable crusher, with or without washer, tie tamper. wheel mounted, tractor, 70 hp and over with or without attahments, trenching machine operator, winch on truck.
-

GROUP 4 Cable operated power shovels, draglines, clamshells, and backhoes. 5 cubic yards and under, concrete mixer over 1 cubic yard, concrete paver 34E or similar, concrete placement pumps, 8 inches and over, grade checker, hoist. 2 drums, hydraulic backhoe, 3/4 yds and over, loader, over 6 cubic yards, mechanic, mixer mobile, multiple unit portable crusher, with or without washer; piledriver, tractor with sideboom, roto- mill and similar, welder.
-

GROUPS Cable operated power shovels, draglines, clamshells and backhoes over 5 cubic yards, caisson drill Watson 2500 similar or larger, hoist 3 drum or more, mechanic welder (heavy-duty).

GROUP 6 Cableway, derrick, quad nine push unit, wheel excavator, belt or elevating loader
-

GROUP 7-tower cranes all types LABORER CLASSIFICATIONS: GROUP 1
-

Janitors; Yardmen

GROUP 2 including caissons to 8’ carrying Reinforcing Rods; Dowel Bars; Fence Erectors; Fire Watchers on power plants and oilrefineries; Gabion Basket and Reno mattresses; Signaling, Metal Mesh; pipe plants and yards; Shrubs and flowers; Stake Caser; Traffic Control Devices; Tie Bars and Chairs in Concrete; Paving; Waterproofing Concrete: Air, Gas, Hydraulic Tools and Electrical Tool Operators; Barco Hammers: Cutting Torches; drill; diamond and core drills; Core, diamond, air track including but not limited to; Joy, Mustang, PR-143, 220 Gardner-Denver, Hydrosonic, and water blaster operator; Chuck Tender; Electric hammers; Jackhammers; Hydraulic Jacks; Tampers; Air Tampers; Boring Machines; Air Hydraulic Boring machines; Automatic Concrete Power Curbing
-

Machines; Concrete Processing Material; form setters; Highways, Streets, and Airports runways: Operators of concrete saws on pavement (other than gangsaws); Power operated Concrete Buggies; Hot Asphalt Labor; Asphalt Curb Machines; Paving Breakers; Transverse Concrete Conveyor Operator; Cofferdams: Boxtenders: Caisson 8’ to 12: Caisson Over 12’: Jackhammer Operators in Caissons over 12’; Labor applicable to Pipe coating or Wrapping: Pipe Wrappers, Plant and Yard; Relining Pipe; Hydroliner (a plastic may be used to waterproof): Pipelayer on Underground Bores; Sewer, Water, Gas, Oil and Telephone Conduit: Enamalers on Pipe, inside and out, Mechanical Grouters; Monitors; Jeep Holiday Detector Men; Pump Operators; Rakers; Vibrators; Hydro- broom, Mixer Man; Gunnite Nozzelmen; Shotcrete Operator; and chain saws, gas and electric; Sand Blaster; Licensed Powdermen; Powdermen and Blaster; Siphons; Signalmen; Dumpman/spotter; Grade Checker. GROUP 3 Plug and galleys in dams; Scalers; any work on or off Bridges 40’ above the ground performed by Laborers working from a Bos’n Chair, Swing Stage, Life Belt, or Block and Tackle as a safety requirement.
-

TUNNEL LABORER CLASSIFICATIONS: GROUP 1 GROUP 2 GROUP 3 Operators
-

Outside Laborer Above ground
-

Minimum Tunnel Laborer, Dry Houseman Cable or Hose Tenders, Chuck Tenders, Concrete Laborers, Dumpmen, Whiiley Pump

-

GROUP 4 Tenders on Shotcrete, Gunniting and Sand Blasting; Tenders, core and Diamond Drills; Pot Tenders GROUP 5 Collapsible Form Movers and Sellers; Miners; Machine Men and Bit Grinders; Nippers; Powdermen and Blasters; Reinforcing Steel Sellers; Timbermen (steel or wood tunnel support, including the placement of sheeting when required); and all Culling and Welding that is incidental to the Miner’s work; Tunnel Liner Plate Sellers; Vibrator Men. Internal and External; Unloading, stopping and starting of Moran Agitator Cars; Diamond and Core Drill Operators; Shotcrete operator; Gunnite Nozzlemen; Sand Blaster; Pump Concrete Placement Men.
-

TRUCK DRIVER CLASSIFICATIONS: GROUP 1
-

Sweeper Truck, Flat Rack Single Axle and Manhaul, Shuttle Truck or Bus.

GROUP 2 Dump Truck Driver to and including 6 cubic yards, Dump Truck Driver over 6 cubic yards to and including 14 cubic yards, Straddle Truck Driver, Liquid and Bulk Tankers Single Axle, Euclid Electric or Similar, Multipurpose Truck Specialty and Hoisting. GROUP 3 Truck Driver Snow Plow.
-

GROUP 4 Cement Mixer Agitator Truck over 10 cubic yards to and including 15 cubic yards. WELDERS: Receive rate prescribed for craft performing operation to which welding is incidental.

aer Senfce Authoifty Denver’s Human Resource Agency

W
D E NVE R
THE MILE HIGH CITY

201 W. Coltax, Department 412 Denver, CO 80202 p: 720,913,5751 t 720.9135720 www.denvergov.org/csa

TO: FROM: DATE: SUBJECT:

All Users of the City of Denver Prevailing Wage Schedules Meredith Creme, Associate Human Resource Professional Friday August 19, 2011 Latest Change to Prevailing Wage Schedules

Please be advised, prevailing wage rates for some building, heavy, and highway construction trades have not been updated by the United States Department of Labor (DOL) since March 1, 2002. The Career Service Authority Board, in their meeting held on April 21, 2011, approved the use of the attached supplemental wage rates until prevailing wage rates for these classifications of work are again published by the United States Department of Labor in accordance with the Davis-Bacon Act. The rates will be provided as a supplemental to the Davis-Bacon Highway rates issued by CSA. The effective date for this publication is Friday August 19, 2011 and applies to the City and County of Denver for HIGHWAY CONSTRUCTION PROJECTS in accordance with the Denver Revised Municipal Code, Section 20-76(c). General Wage Decision No. C008001 4 Superseded General Decision No. C02007001 4 Modification No. 7 Publication Date: 08-12-2011 (11 pages) Unless otherwise specified in this document, apprentices shall be permitted only if they are employed pursuant to, and individually registered in, a bona uide apprenticeship program registered with the U.S. Department. Of Labor (DOL). The employer and the individual apprentice must be registered in a program! which has received prior approval, by the DOL. Any employer, who employs an apprentice and is found to be in violation of this provision, shall be required to pay said apprentice the full journeyman scale. For questions call (720) 913-5009 Attachments as listed above.

3

frr City Services Denver gets it done!

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ELECTRICIAN (Excluding traffic signal installation) IRMF:C S:SNALZzATICN: Traffic Signal Instalkaticn Zone 1 Zone 2

$ 31.EC

12.52

$ 23.83

$ 26.83

13.75%+4.75 13.75%+4.75

TRAFFIC SIGNAL INSTALLER ZONE DEFINITIONS

Zone 1 shall be a 35 mile radius, measured from the following addresses in each of the following cities: Colorado Springs Nevada & Bijcu Ellsworth Avenue & Broadway Denver Ft. Collins Prospect & College Grand Junction 12th & North Avenue Pueblo 1-25 & !iighway 50 All work outside of these areas shall be paid Zone 2 rates.

-

-

*

ELECO113—005 06/01/2011

EL PASO COUNTY Rates ELECTRICIAN $ 28.55 rRAFF1C SZGNALflATION: Traffic Signal Installation Zone 1 $ 23.83 Zone 2 $ 26.83 TRAFFIC SIGNAL :NSTALLER ZONE DEFINITIONS Fringes 14.46

13.75%.4.75 13.75%-4.75

Zone 1 shall be a 35 mile radius, measured from the following addresses in each of the following cities: Colorado Springs Denver
-

Nevada & Bijou

Ellsworth Avenue & Broadway

Ft. Coltins

Prospect & College

Grand Junction Pueblo
-

12th & North Avenue

1-25 & Highway 50

All work outside of these areas shall be paid Zone 2 rates. ELECO969—005 06/01/2009 MESA COUNTY Rates
ELECTRICIAN (Excluding traffic signal installation) TRAFFIC SIGNALIZATION: Traffic Signal Installation Zone 1 Zone 2

Fringes

$ 2t.31 $ 23.83 $ 26.83

2.32

13.75%+4,75 13.75%+4.75

TRAFFIC SIGNAL INSTALLER ZONE DEFINITIONS Zone 1 shall be a 35 mile radius, measured from the following addresses in each of the following cities: Colorado Springs Nevada & Bijou Denver Ellsworth Avenue & Broadway Ft. Collins Prospect & College 12th & North Avenue Grand Junction Pueblo 1—25 & Highway 50 All work outside of these areas shall be paid Zone 2 rates.
— —
— —

ENGI0009—002 05/01/2010 Rates Power equiprent operators: Asphalt Screed $ Bituminous or Asphalt Spreader/Laydown Machine .$ Bulldozer $ 50 tons and under .$ Crane: Crane: 51 to 90 tons $ Crane: 91 to 163 tons $ Crane: 141 tons and over .$ Drill Operator: William $ >/Watson 2500 only Grader/Blade: Finis” $ Grader/Blade: Rough $ Loader: Barber Green, etc. & Up to and including 6 cubic yards $ Loader: Mechanic/Welder (heavy duty) $ Loader: Over 6 cubic yards .$ Mechanic and/or Welder (Includes heavy duty & combinatLcn mechanic and $ welder $ Oiler Power Broom: 73 P and over.$ Power Broom: Under 73 HP .$ Roller (excluding dIrt & soil compaction): Self— prcpelled, all types over S tons $ Roller (excluding dirt & soil compaction): Self— propelled, rubber tires under S tons $ Scraper: Single bowl including pups 40 cubic yards and tandem bowls and over $ Scraper: Single bowl under 40 cubic yards $ Trackhoe $ LAB00086—002 05/01/2009 Rates Fringes Fringes

23.67

9.22 9.22 9.22 9.22 9.22 9.22 9.22 9.22 9.22 9.22

23.67
23.67 23.82 23.97 24.12 24.88 23.97 23.97 23.67

23.67 23.97 23.82

9.22 9.22 9.22

26.12 22.97 23.67 22.9

9.22 9.22 9.22 9.22

23.67

9.22

23.32

9.22

23.97 23.82 23.82

9.22 9.22 9.22

Laborers: Asphalt Laborer/Raker, Common Laborer & Concrete Laborer/Mason Tender SUCO2001—003 12/20/2001

$ 18.68

6.78

Rates BRICKLAYER Carpenters: Form Work (Excluding Curbs & Gutters) All Other Work Concrete Finisher/Cement Mason.. Ironworkers: Bridge Rail Guardrail) Reinforcing

Fringes 2.85

$ 15.55

$ 16.54 $ 16.61 .$ 16.05

3.90 3.88

3.00

(Excludes

$ 18.22 $ 16.69

6.01 5.45

Laborers: Fence Erector (Includes fencing on bridges) $ 13.02 Form Work (Curbs & Gutters only) $ 11.85 Guardrail Erector (Excludes bridgerail) $ 12.89 Landscape and Irrigation Laborer $ 12.26 Pipelayer $13.55 Striping Laborer (Pre—form layout and removal of pavement markings) $ 12.62 Traffic and Sign Laborer (Sets up barricades and cones, and installs permanent signs) $ 12.43 Traffic Director/Flagger .$ 9.55 Painters: Brush Spray

3.20 3.45 3.20 3.16 2.41

3.21

3.22 3.05

$ 16.94 $ 16.99

2.10 2.87

Power equipment operators: Backhoes $ 16.54 Bobcat/skid Loader $ 15.37 Compactor Dirt & Soil Only $ 16.70 Concrete Pump Operator $ 16.52 Drill Operator: All except William MF/ Watson 2500 $ 16.74 Forklift $ 15.91 Post Driver/Punch Machine .$ 16.07 Rotomill Operator $ 16.22 Tractor $ 13.13

4.24 4.28 3.30 4.30 2.66 4.09 4.41 4.41 2.95

TRAFFIC SIGNALIZATION;

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Career Service Authority Supplemental to the Davis-Bacon HIGHWAY Construction Prolects rates (Specific to the Denver Projects) (Supp 34, Date: 08-19-11) Classification Millwrights Line Construction:
Lineman, Gas FitteriWelder Line Eq Operator/Line Truck Crew Power Equipment Operators (Tunnels Above and Below Ground, shafts and raises): GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUPS GROUP 6 GROUP 7 Power Equipment Operators: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUPS GROUP 6 GROUP 7 Ironworkers (Ornamental) Laborers (Removal of Asbestos) Plumbers Pipefitters Truck Drivers: GROUP 1 GROUP2 GROUP3 GROUP 4 GROUPS GROUP6 $22.97 $23.32 $23.67 $23.82 $23.97 $24.12 $24.88 $24M0 $21.03 $30.19 $30.45 $18.42 $19.14 $19.48 $20.01 $20.66 $21.46 $10.60 $10.63 $10.67 $10.68 $10.70 $10.71 $10.79 $10.03 $8.55 $13.55 $12.85 $10.00 $10.07 $10.11 $10.16 $10.23 $10.31 $25.12 $25.47 $25.57 $2582 $25.97 $26.12 $26.37 $10.81 $10.85 $10.86 $10.88 $10.90 $10.91 $10.94

Base $28.00
$36.88 $25.74

Fnnae $10.00
$9.55 $8.09

POWER EQUIPMENT OPERATOR CLASSIFICATIONS (TUNNELS ABOVE AND BELOW GROUND. SHAFTS. AND RAISES): GROUP 1
-

Brakeman

GROUP 2 Motorman
-

GROUP 3 Compressor GROUP 4 Air Tractors; Grout Machine; Gunnite Machine; Jumbo Form
-

GROUP 5 Concrete Placement Pumps; Mucking Machines and Front End Loaders, Underground, Slusher; Mine Hoist Operator; Mechanic
-

GROUP 6 Mechanic Welder
-

GROUP 7-Mole

NOTE: Any equioment listed below being used/n tunnel work, below or above ground shall be paid not less than $200 per hour above the listed wage rates.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS: GROUP 1 Air compressor, brakeman, drill operator -smaller than Watson 2500 and similar, operators of 5 or more light plants, welding machines, generators, single unit conveyor, pumps, vacuum well point system, tractor, under 70 hp with or without attachments compressors, 360 C.F.M. or less
-

GROUP 2 Conveyor, handling building materials, ditch witch and similar trenching machine, forklift, haulage motor man, pugmill, portable screening plant with or without a spray bar, screening plants, with classifier, self-propelled roller, rubber-tires under 5 tons.
-

GROUP 3 asphalt plant, backfiller; cableway signalman; C.M.l. and similar, concrete batching plants, concrete finish machine, concrete gang saw on concrete paving, concrete mixer, less than 1 yd., under 8 inches, distributors, bituminous surfaces dozer, drill, diamond or core, elevating graders, elevator operator, lubricating and service engineer, grout machine. gunnite machine, hoist, 1 drum, horizontal directional drill operator, hydraulic backhoes; road stabilization machine, sandblasting Machine, single unit portable crusher, with or without washer, Tie tamper. wheel mounted, trenching machine operator, winch on truck.
-

GROUP 4 Cable operated power shovels, draglines, clamshells, 5 cubic yards and under, concrete mixer over 1 Cubic yard, concrete payers 34E or similar, grade Checker, hoist, 2 drums, mechanic, mixer mobile. Portable crusher, with or without washer; tractor with sideboom, roto-M ill and similar, welder.
-

GROUPS Cable operated power shovels, draglines, clamshells and Backhoes over 5 cubic yards, caisson drill Watson 2500 similar or larger, motor grader blade-finish, hoist 3 drum or more.
-

GROUP 6 Cableway, derrick, quad nine push unit, wheel excavator, belt or elevating loader.
-

GROUP 7 tower cranes all types.
-

TRUCK DRIVER CLASSIFICATIONS: GROUP 1 Greasemen, Servicemen and Ambulance Drivers, Battery Men, Shuttle Truck or Bus, Flat Rack Tandem Axle.
-

GROUP 2 Fork Lift Driver, Straddle Truck Driver, Lumber Carrier, Liquid and Bulk Tankers Single Axle, Combination, Euclid Electric or Similar, Specialty and Hoisting, Truck Drivers Fuel Truck, Grease Truck, Combination Fuel and Grease.
-

GROUP 3 Truck Driver Snow Plow, Truck Driver Dump or Type Jumbo and similar type equipment.
-

GROUP 4- Cement Mixer Agitator Truck over 10 cubic yards to and including 15 cubic yards, Tire Man, Cab Operated Distributor Truck Driver. GROUP 5 Heavy Duty Diesel Mechanic, Body Man, Welders or Combination Men.
-

WELDERS Receive rate prescribed for craft performing operation to which welding is incidental.
-

EXHIBIT M TECHNICAL SPECIFICATIONS AND PARKS STANDARD S (IFANY) (BOUND SEPARATELY)

EXHIBIT N CERTIFICATE OF INSURANCE FORM

How to read an ACORD certificate of insurance This sample ACORI) certificate of insurance highlights the areas which need to be verified prior to acceptance. • • • • Do the types of insurance match what is required in the contract? Do the limits shows reflect the MINIMUM limits required in the contract? Is the City and County of Denver, et al. named an additional insured? Is the start date prior to the effective date of the contract?

4cQRP CERTIFICATE OF LIABILITY INSURANCE
FRODUCAB

Contractors InSurance Brokers Name In Brokers Add ross Insurance Brokers Phone Number
ESIITISU

THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. This CERTIFICATE DOES ALTER THE COVERAGE AFFORDED
-

MATTER OF INFORMATION UPON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW. NAIC #

I

SISSURERS AEFOROIG cOVERAGE

-- Contractor’s Legal Name Contracto?s Address

-

-

Contractors legal Name

MLWYTS General Jal-itity Inssjrance Canter Aulcr oDiIeLiBbI5y InsuranceCooriter
.,,JWóWer&

- -

-

-_____

C000ensatton Insurance(arrier

.BEpD0nSrTIetT.FReoU1T
-

-

NAIJYTHT

COVERAGES
THE POLiCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED MOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY RECUIHEMENT, TERSI OR CONDIrION OF ANY CONTRACr OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED on FiERY PERTAIN, THE INSUIWRCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL rHE TERMS, EXCLUSIONS PasO CONDITIONS OF SUCH POLICIES. AOOREOATE LIMITS SHOPOAIAAY HAVE BEEN REDUCED BY PAIOCLAIMS lht4FftthLvE’ADUeyExARLArlo, POLICY BENESA nsa

soaacs
ERA

DAIS ITI

DAfl CO’fl’T

USERS

CHEENALUASIUTT

I ASLfl

A

X

COMME CAL

/
-

008,5,ITT
-

zzzSa
-

al Ltability

Policy Start Poli

End

EACHUCOJRRERCF fgoEN-Yrn


-

Policy
Limits.

fl41tepterE

E
-

Types of insurance required in the contract

B

I

XI

ARVAUTO ALLOWNETAUTOB

Auto Liabthty Policy
I

-

Policy Start Policy End
Date Date

CITY.YA”iED SING LLIMT S IU,AI 500ILYTLEWY

s

I 000 000

Number

-

Must he same or greater than required in the contract

-4

NON-OWNED AU

I

\
C

-

Policy start
date. Must be
EAC’It-CtARENDF SCREGME
-

LxCFSSi,RSLLA LiAflin CLOTS A-VSMAON

-

$

-

DEDUCTIBLE

-

prior to citecine date of the contract

I

B

RETEIITIOYU

.1

-

-

.!
Policy Startl End POli

B

TOPJFSRPIE;;EELJTWE e:NL PHOWSYDNY Ban. OThER

:%:P

-

Ensure the City and County or Denveo. its elected and appointed officials, employees and volunteers are listed as additional insured

.

Ifl

fl

flSEASEPoLrYMn

--

500000

OEIcYeaOFENAITONS;LDUATIOW,IVINYcLES. UCLA NoAeoECSyEAoo,sEaSNT?$ncIkL

The City and County of Denver. its elected and appointed officials, employees and volunteers are named as additional insured with regards to the Commercial General Liability policy and the Business Auto Liability policy.

CERTIFICATE HOLDER
City and County of Denver AgenfDepaent Address Ann: Contracting AgencyiDepariment I

CANCELE.ATION
541055.0
ANT OF TIlE SHOVE OEBCHIESO POLICIES BECAIICBUEONEFOHE THE TXFIRAT10E DAYS BATS RSERSOF. DIE ISSUING SISBEER NELL ENDEAVOR ID NOTICE

ro

DIE CEETIFICATE 5 NAO TO THE LEFT. SlUT FaTes OtO SO SHALL IGLOEE

I

RSFBEsaW STEEL AMPIGBEEC

Ofl NO OSUGATOS DI USNIJIT OF SIFT SING ‘SOS TNL INSISEIL IRS AGENTS TN 10 days EDT TDTI PSyITIOnC Of Dremium.

ACORD 252001108)

[

I

Insurance

Brokers SignatUre
SACORD CORPORATION 1958

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