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									           Request for Qualifications / Proposals

               Facility Remodeling & Renovation
                On Call Construction Services
                   (Medium Scope Projects)
                               Contract No.: OC83026




                 Denver Department of General Services
             Facilities Planning and Management Division
This RFQ / RFP for On Call Construction Services, is advertised in the Daily Journal July 30, 31,
and August 1, 2008. Responses are due 4:00 P.M. local time, September 2, 2008, at the
Facilities Planning and Management Office, 201 West Colfax Ave., Dept. 903, Denver, Colorado
80202.

Interested parties who download and print the Request for Qualifications from the City web site,
www.denvergov.org, are required to register via e-mail to: Mr. Robert Alson, P.E. at
robert.alson@ci.denver.co.us or by phone at 720-913-8821 to assure receipt of postponements,
addenda and other notices or communications.

Registration is required to assure that all interested parties receive all communications regarding
this RFQ / RFP, including addenda. Interested parties will be solely responsible for obtaining
any subsequent information issued by the City by checking the www.denvergov.org web site
and the Daily Journal newspaper for any addenda, postponement of the submission deadline, or
other communications. Failure of the respondent or interested party to consider such subsequent
information may result in the treatment of the respondent’s submission as non-responsive by the
City.
          REQUEST FOR QUALIFICATIONS AND PROPOSALS
                                Facility Remodeling & Renovation
                                   On Call Construction Services
                                        (Medium Scope Projects)
                                         Contract Number OC83026

                                           TABLE OF CONTENTS



   Notice......................................................................................................... 3 Pages
   RFQ / RFP................................................................................................ 16 Pages
   Attachments:
        Attachment A:
           Sample Proposal Form Anticipated Scope %, ............................... 2 Pages
        Attachment B:
           Performance and Payment Bond.................................................... 2 Pages
        Attachment C:
           Contractor/Vendor/Proposer Disclosure Form .............................. 3 Pages
        Attachment D:
           Rules and Regulations Regarding
           Equal Employment Opportunity .................................................. 11 Pages
        Attachment E
           Minority and Woman Business Enterprise .................................. 10 Pages
        Attachment F:
           Sample Contract........................................................................... 35 Pages
        Attachment G:
           Prevailing Wage Rates................................................................. 39 Pages




Contract No. OC83026                                             TOC                                             July 30, 2008
On-Call Medium Scope                                          Page 1 of 1
                          CITY AND COUNTY OF DENVER
                       DEPARTMENT OF GENERAL SERVICES
                 FACILITIES PLANNING AND MANAGEMENT DIVISION

               REQUEST FOR QUALIFIACATIONS AND PROPOSALS
                                   for
  FACILITIES REMODELING & RENOVATION - ON CALL CONSTRUCTION SERVICES
                        (MEDIUM SCOPE PROJECTS)

                                                  Notice
REQUESTS FOR QUALIFICATIONS AND PROPOSALS AVAILABLE:
Request for Qualifications and Proposals (the “RFQ/RFP”), including response submittal requirements for:

Facilities Remodeling & Renovation - On Call Construction Services (Medium Projects)
Contract No. OC83026

Hard Copy will be available at the Facilities Planning and Management Office, 201 West Colfax Avenue,
Dept. 903, Denver, Colorado 80202, on the first day of publication, at no cost. The document may also be
downloaded from the City web site www.denvergov.org under: Business Services / Doing Business with
the City / Bid Opportunities for Contractors / Contractor Resources / RFQ’s/RFP’s. All companies who
download the document are responsible to register via e-mail to robert.alson@ci.denver.co.us and
barbara.melendez@denvergov.org to assure the receipt of any postponements, addenda, or other
notices.

RESPONSES DUE:
Responses to the RFQ will be received no later than: 4:00 P.M. local time, September 2, 2008 at:

    Facilities Planning and Management Division
    Department of General Services
    201 W. Colfax Avenue, Dept. 903
    Denver, Colorado 80202
    Attention: Mr. Robert Alson, P.E.

Finalists, as screened by a Selection Committee, will be invited to continue in the selection process and
submit a proposal as defined in the Request For Proposal (RFP) section of this document.

PROJECT GENERAL DESCRIPTION: The City and County of Denver, Department of General
Services, Facilities Planning and Management Division, is seeking to establish a group of qualified on call
general contractors to respond to proposal requests with pricing and execution of construction work on
municipal building remodeling, retrofitting, and renovation projects. The City anticipates award of
Facilities Remodeling & Renovation - On Call Construction Services contracts to multiple general
contractors.

On call general contractors will be qualified and selected based upon their past experience, references, and a
demonstrated ability to perform good quality construction work, on schedule and within budget. The work
performed under this contract will often be located within operational facilities, requiring the contractor to
work around the on-going operational requirements of the facility’s occupants. As such, contractors’
experience with work in operational facilities should be noted.

When construction work on City buildings is needed, documents describing the nature of the work will be
assembled into Proposal Request packages and issued to the on call general contractors for preparation of


Contract No. OC83026                               RFQ/RFP Notice                                July 30, 2008
On-Call Medium Scope                                 Page 1 of 3
Proposals. On call general contractors will be required to have a team of subcontractors to provide
immediate pricing of Proposals and performance of work orders. At the City’s discretion, for some
Proposals, the on-call general contractors may be asked to bid the scope of work to multiple subcontractors,
to obtain the best Proposal pricing attainable for the work. In addition, the City reserves the right to request
Proposals, pricing, and bidding on work orders, from more than one on-call general contractor. On call
general contractors will conduct bidding of construction Proposal Requests in accordance with City rules
and regulations governing bidding and construction work, including the use of Denver Small Business
Opportunity Division (DSBO) certified minority owned business enterprises and / or women owned
business enterprises (MBE / WBE).

On call general contractors will be required to select and utilize appropriate subcontractors, as necessary to
conduct proposal request pricing, and to achieve MBE / WBE utilization goals which are associated with the
contract and with the scopes of work described within the proposal requests.

It is anticipated that up to four On Call Construction Services contracts will be assigned, each at a capacity
of $2,500,000 of construction work value, and a three year term. Individual project Proposal Requests
issued, and individual Work Orders awarded under these contracts will be limited to a maximum amount of
$250,000. On call general contractors will be required to perform all work executed under these contracts in
accordance with all rules, regulations, and ordinances governing City construction, including Public Works
prequalification, performance and payment bonding, established insurance requirements, and payment of
Prevailing Wages.

CONSTRUCTION COST: The total cost of all construction performed under this contract shall not
exceed $2,500,000.00 during the four (4) year term of the Contract. Individual construction projects will
be authorized separately, with a maximum cost of $250,000.00 per project, however, the majority of
individual construction projects will likely be $75,000.00 or less.

PREQUALIFICATION REQUIREMENTS: Each proposing firm must be prequalified as a CE-5
STRUCTURAL CONTRACTOR IN THE ONE MILLION DOLLAR ($1,000,000) MONETARY
RANGE, and must submit its prequalification application at least seven (7) days prior to the proposal due
date. Applications may be picked up and must be returned to Department of Public Works,
Prequalification Section, 201 West Colfax Avenue, Department 611, Denver, Colorado, 80202.
Proposers can call 720-913-1766 for prequalification information only, or visit the website at
http://www.denvergov.org/prequalification.

PRE-PROPOSAL MEETING: All Proposers are invited to attend the pre-proposal meeting which shall
take place on August 8, 2008, 2:30 p.m. local time, in Conference Room 4.I.5 on the fourth floor of
the Wellington E. Webb Municipal Office Building, 201 West Colfax, Denver.

MBE / WBE PARTICIPATION: Construction services made and entered into by the City and County
of Denver are subject to Article III, Division 3 of Chapter 28 of the Denver Revised Municipal Code,
(D.R.M.C.) and all Minority and Women Owned Business Enterprise (MBE / WBE) Utilization and
Equal Employment Opportunity Rules and Regulations adopted by the Director of the Small Business
Opportunity Division.

Article III, Division 3 of Chapter 28 of the D.R.M.C. directs the Director of the Small Business
Opportunity Division Compliance to establish a project goal for expenditures on construction, services
contracted by the City and County of Denver. The specific goal for this project is:

      16 % Minority and / or Women Owned Business Enterprise (MBE / WBE) Participation

Project goals must be met with certified participants as set forth in Section 28-60, D.R.M.C. or through
the demonstration of a sufficient good faith effort under Sections 28-65 through 28-68, D.R.M.C. For
compliance with good faith effort requirements under Section 28-67 (b) (2) the MBE / WBE percentage

Contract No. OC83026                                RFQ/RFP Notice                                  July 30, 2008
On-Call Medium Scope                                  Page 2 of 3
solicitation level required for this project is 100%. The Director of the Small Business Opportunity
Division urges all participants in City professional design and construction services projects to
assist in achieving these goals.

GENERAL: As its best interests may appear, the City and County of Denver reserves the right to reject
any or all submittals and to waive informalities in the qualifications or proposals. All responses submitted
to the City and County of Denver pursuant to this Request for Qualifications / Request for Proposals, and
any Contract made and entered into by the City and County of Denver, will be subject to all applicable
Small Business Enterprise ordinances, rules and regulations, findings and policy determinations adopted,
recognized or promulgated by the Director of the Small Business Opportunity Division and the Manager of
General Services that may be in effect at the time this Request for Qualifications.

Kevin Patterson
Manager of General Services

Publication Dates:       July 30, 31, and August 1, 2008
Published In:            The Daily Journal




Contract No. OC83026                              RFQ/RFP Notice                                July 30, 2008
On-Call Medium Scope                                Page 3 of 3
               REQUEST FOR QUALIFICATIONS AND PROPOSALS
  FACILITIES REMODELING & RENOVATION - ON CALL CONSTRUCTION SERVICES
                           (MEDIUM PROJECTS)
                   DEPARTMENT OF GENERAL SERVICES
                      CITY AND COUNTY OF DENVER

Section 1 – RFQ / RFP Selection Process and Criteria:

The selection process will involve two (2) phases. (1) The RFQ Phase for all interested applicants and (2)
the RFP Phase for short listed finalists selected from the first phase. All information necessary to respond
to both phases are contained in this Request.

The City and County of Denver, Facilities Planning and Management Division of General Services, seeks
to establish a group of qualified on call general contractors to respond to proposal requests with bidding and
execution of construction work on small municipal building remodeling, retrofitting, and renovation
projects. All firms that provide a timely and responsive submittal to this Request for Qualifications (RFQ)
will be considered candidates for review. The selection committee, approved by the Manager of General
Services, will screen all submittals received in response to this RFQ.

When the screening process is completed, all candidates will be notified. Applicants whose submittals
best satisfy the selection criteria set forth herein, as determined by the Selection Committee, will be short-
listed and will be invited to respond to the Request for Proposal (RFP). The RFP will consist of written
proposals, presentations, and interviews. The Selection Committee will then select a group (anticipated to
be 3-4 firms) of the most qualified contractors from the finalists, based on selection criteria set forth in the
RFP. The City will entertain contract negotiations with the selected finalists and will seek to award
contracts to the selected contracting firms. If the City is unable to reach agreement with any selected
firm, the City may select another firm, from the group of finalists, or modify or terminate the selection
process.

Section 2 - Contract Scope:

It is anticipated that the On Call General Contractor’s scope of work may entail construction in any area,
including but not limited to:

      General Construction                 Construction Supervision            Competitive Bidding
      Interiors and Tenant Finish          Doors and Hardware                  Mechanical / HVAC
      Electrical and Equipment             Data and Telecommunications         Steel Fabrication and Erection
      Carpentry                            Masonry                             Energy Efficient Construction
      Roofing and Waterproofing            Concrete Work                       Fire Alarm / Fire Protection
      Landscape and Irrigation             Earthwork and Hauling               Construction Waste Recycling

The selected On Call Contractors will be presented with a standard City and County of Denver On Call
Construction Services Agreement contract. A sample proposal form, showing anticipated percentages of
work classifications and a sample contract is attached hereto as Attachment A.

Section 3 – Areas of Expertise Required:

The general contractor and its team of subcontractors must possess expertise in the following areas:
       General Construction               Construction Supervision            Construction CPM Scheduling
       Construction Budget Control        Construction Documentation          Competitive Bidding
       Denver Contractor Licenses         Bonding and Insurance               Public Works Prequalification
       Construction Cost Estimating       Subcontract Management              LEED Compliant Construction


Contract No. OC83026                                   RFQ/RFP                                    July 30, 2008
On-Call Medium Scope                                  Page 1 of 16
Sustainability:
The City and County of Denver’s High Performance Building Policy provides that all new construction
projects and major renovations be built and certified to the Standard of LEED Silver. In the event that
LEED is not applicable, projects should strive to incorporate sustainability wherever possible. It is the
City’s judgment that many of the contracts will offer opportunities for sustainable design and
construction. The selected on call contractor shall research and present sustainable alternatives including,
but not limited to: deconstruction and recycling of existing materials; construction materials, systems and
equipment that contains high recycled content and/or components which are Energy Star-rated; and any
other opportunities where sustainability may be incorporated.


Section 4 – Authority and Administration:

A. RFQ / 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. The Manager is authorized to select and
   engage such contractors as may be required to perform construction work. The Manager and the
   Mayor have delegated the responsibility for the management of the Facility Remodeling and
   Renovation On Call Construction Services Program, to the Facilities Planning and Management
   Division of the Department of General Services. The Facilities Planning and Management Division
   will perform the management of the Facility Remodeling and Renovation On Call Construction
   Services contracts, under the authority delegated by the Mayor and the Manager of Public Works. It
   is the City’s expectation that this RFQ / RFP and selection process will result in the selection of
   multiple qualified general contractors to respond to proposal requests with bidding and execution of
   construction work on small municipal building remodeling, retrofitting, and renovation projects, as
   described above.

    This RFQ / RFP solicitation is issued by the Facilities Planning and Management Division, under the
    authority of the Manager of General Services, acting on behalf of the Mayor and the Manager of
    Public Works pursuant to the authority vested in the Mayor by the Charter of the City and County of
    Denver. As its best interests may appear, the Manager of General Services 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. RFQ / RFP Administration:
   The Manager of General Services hereby designates the Facilities Planning and Management
   Division to serve in the capacity of administrator for this selection process. Engineering Supervisor,
   Mr. Robert Alson, P.E., will be responsible for coordination of the procedures and rules specified in
   this RFQ and subsequent RFP, managing this process, and all other matters related to this process. In
   conducting the process in a fair and equitable manner, Mr. Robert Alson will serve as the primary
   intermediary between the proposing general contractors, the City and the members of the Selection
   Committee. All inquiries and questions regarding this RFQ shall be directed to Mr. Robert Alson at
   720-913-8821. Any applicant that contacts any member of the Selection Committee other than the
   designated contact from the date of issuance of the RFQ and prior to the completion of the selection
   process may be disqualified from further participation in the selection process, at the Manager’s sole
   discretion.

Section 5 – General Information:

A. Verification of Information:
   Applicants are hereby notified that the City will rely on the accuracy and completeness of all
   information provided in making its selection. As such, Applicants are urged to carefully review all
   information provided to ensure the clarity, accuracy and completeness of such information. As the


Contract No. OC83026                                 RFQ/RFP                                   July 30, 2008
On-Call Medium Scope                                Page 2 of 16
    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. Disclosure of Information:
   All submissions and other materials provided or produced pursuant to this RFQ/RFP may be subject
   to the Colorado Open Records Law, C.R.S. 24-72-201, et seq. As such, Applicants are urged to
   review these disclosure requirements and any exceptions to disclosure of information furnished by
   another party and, prior to submission to the City, appropriately identify materials which are not
   subject to disclosure. In the event of a request to the City for disclosure of such information, the City
   shall advise the Applicant of such request to give the proposer an opportunity to object to the
   disclosure of designated confidential materials furnished to the City.
C. Discrimination in Employment:
    In connection with the performance of work on this project, the selected 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.

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 RFQ / RFP. Each Applicant shall
   provide the City with contact information for receipt of such addenda. It shall be conclusively
   presumed that the Applicant did, before submitting a Response to the RFQ / RFP read all addenda,
   posted decisions, and other items relevant to the qualifications.
F. Prequalification Requirements:
   Each proposing firm for the $2,500,000 Contract must be prequalified as a CE-5 STRUCTURAL
   CONTRACTOR IN THE ONE MILLION DOLLAR ($1,000,000) MONETARY RANGE, and
   all firms must submit its prequalification application at least seven (7) days prior to the proposal due
   date. Applications may be picked up and must be returned to Department of Public Works,
   Prequalification Section, 201 West Colfax Avenue, Department 611, Denver, Colorado, 80202.
   Proposers can call 720-913-1766 for prequalification information only, or visit the website at
   http://www.denvergov.org/prequalification.
G. Disclosure of Principals:
   Pursuant to D.R.M.C. 20-69, any proposal for a Contract on which the estimated construction cost
   exceeds $100,000.00 must be accompanied by a Proposer/Contractor/Vendor/Proposer Disclosure.
   See Attachment C. Failure to provide or update the required information in a timely fashion shall
   render the proposal nonresponsive. The Proposer/Contractor/Vendor/Proposer Disclosure form shall
   set forth the following information:

    1. The name of any officer, director, owner or principal of the business entity, including identity of
       any shareholder who owns or controls 5% or more of the business entity, and either 1) the names
       of his or her spouse, and children under eighteen years of age; or 2) a statement that he or she or
       his or her spouse, or children, if any, under the age of eighteen have or have not made a
       contribution, as defined in D.R.M.C. 15-32, or contribution in kind, as defined in D.R.M.C. 15-
       32, to any candidate, as defined in D.R.M.C. 15-32, during the last five years and identifying by
       name himself or herself or any spouse or child under the age of eighteen who has made such a
       contribution or contribution in-kind to a candidate.


Contract No. OC83026                                       RFQ/RFP                                         July 30, 2008
On-Call Medium Scope                                      Page 3 of 16
     2. The names of any subcontractors or suppliers whose share of the Contract work is
        estimated to exceed $100,000.00.
     3. The names of any unions with which the proposer has a collective bargaining agreement.


     If the total estimated construction amount is in excess of $500,000.00, the information required
     in (1) above must be provided at the time of submission of the proposal, and the information
     required in (2) and (3) must be submitted in a timely fashion prior to award of the contract.

     If the total estimated construction amount is less than $500,000.00 but more than $100,000.00,
     such information must be provided prior to award of the contract. Failure to provide the
     required information in a timely fashion shall render any proposal to which D.R.M.C. 20-69 applies
     non-responsive.

     While a proposer or supplier who has already disclosed such information need not provide such
     information with its proposal unless such information has changed, it shall be the responsibility of
     each such proposer to verify that such information is still current as of the date of the proposal
     submission and is in fact on file with the City Clerk. A Disclosure Form is attached to this RFP as
     Attachment C.

H. Bonding Requirements:
   In accordance with the provisions of General Contract Conditions, Title 15, PERFORMANCE AND
   PAYMENT BONDS, the City will require that the selected contractor provide performance and
   payment bonds with a surety acceptable to the City and in a form provided by the City for one
   hundred percent (100%) of the Contract amount (only if authorized by and contracted for with the
   City) in a form provided by the City. A copy of the acceptable form of performance and payment
   bond will be included in Attachment B.

I.    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 III, Division 2,
     Chapter 28 of the Revised Municipal Code of the City and County of Denver, and 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, material 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 are attached to this RFP
     as Attachment D.

J. Tax Requirements:
   General. Proposers 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 but 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 General Services 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.




Contract No. OC83026                                 RFQ/RFP                                  July 30, 2008
On-Call Medium Scope                                Page 4 of 16
    It is the responsibility of the proposer 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.

    Denver Occupational Privilege 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 are subject to such tax.
K. Permits and Licenses:
   All fees, permits, licenses and approvals required in the prosecution of the work shall be obtained and
   paid for by the proposer.


Section 6 - Minority and Women Business Enterprise (M /WBE) Requirements:


   The Goals Committee has established the minimum percentage for this contract to be
                                     16% M/WBE Participation
         Request for Qualification/Request for Proposal (RFQ/RFP) Requirements:
Proposers who advance to the RFP stage, are 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.

MINORITY/WOMEN BUSINESS ENTERPRISE (MBE) (WBE): Professional design and
construction services contracts made and entered into by the City and County of Denver are subject to
Article III, Divisions 1 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 (DSBO), which will be incorporated into any agreement
entered into as part if this selection process.
Article III, 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
reviewed by proposers on DSBO’s web site at www.milehigh.com/business/do-business.

In order to comply with the proposal requirements of Article III, Divisions 1 and 3 of Chapter 28 of the
Denver Revised Municipal Code, a proposer shall either meet the specific MBE/WBE goal for this project
or, in the alternative, demonstrate that the 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, proposers should consider the following instructions relating to compliance:




Contract No. OC83026                                 RFQ/RFP                                    July 30, 2008
On-Call Medium Scope                                Page 5 of 16
1.      The Director of the DSBO has established a project goal for expenditures for professional design
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 to meet the goal, each proposer must complete and submit with its
proposal, a List of Proposed MBEs and/or WBEs, subconsultants and suppliers. At a minimum, this list
must contain the following information: the name, the address, a brief description of the supply/service to
be performed, the committed level of participation expressed as a percentage and, as applicable, an actual
dollar amount and any other required information for each MBE or WBE, of any tier, which the proposer
intends to utilize in performing services or supply on this Project. 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 MBE/WBE 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.

3.      All MBE or WBE firms listed within the proposal document must be properly certified by the
City on or before the date of proposal submission in order to count towards meeting the goal. The City
maintains a MBE/WBE Directory, which contains currently certified firms. The DSBO MBE/WBE
Directory can be accessed on its website at www.milehigh.com/business/do-business. 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 anytime 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 MBE/WBE requirements. In determining if a proposer identified
MBEs and/or WBEs and committed levels of participation comply with the Division 1 of Article III of
Chapter 28, D.R.M.C. requirements and, more specifically, met or exceed the stated MBE/WBE goal;
DSBO shall base its determination solely on the information provided in the proposal document.

        a.       In reviewing committed levels of participation to determine whether or not the 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 M/WBE 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.

        b.       If actual dollar amounts are required, DSBO will determine the exact 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 MBE/WBE participation that the proposer must comply with during the life of
        the Agreement. In all cases, the committed percentage level of MBE/WBE participation must
        equal or exceed the assigned MBE/WBE goal in order to comply with the Divisions 1 and 3 of
        Article III of Chapter 28, D.R.M.C.




Contract No. OC83026                                RFQ/RFP                                   July 30, 2008
On-Call Medium Scope                               Page 6 of 16
        c.     When calculating participation levels, percentages or dollar amounts for each listed MBE
        or WBE to ensure compliance with the goal, a 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.

        d.      On proposals where a MBE or WBE supplier is listed for participation, its participation
        will count one hundred percent (100%) of the value of the commercially useful function
        performed on contracts of less than Five Million Dollars ($5,000,000). However, on contracts of
        more than Five Million Dollars ($5,000,000) a supplier’s participation will count for only sixty
        percent (60%) toward satisfaction of the Project goal.

        e.       Unless otherwise specified in a request for qualifications, request for proposal, or 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 "MBE/WBE Letter of Intent" for each MBE or WBE listed in their proposal
document as a subconsultant or supplier. A MBE or WBE Prime Consultant needs to submit a Letter
of Intent for themselves. And the MBE or WBE Prime must list itself and its level of participation on
the page the proposer has designated for MBE/WBE participation within its proposal submittal package.
Ann MBE/WBE Letter of Intent form is attached hereto. This Letter of Intent is a written communication
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 subconsultant and supplier. Each MBE/WBE
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, proposers should consider the following instructions relating to compliance with the MBE/WBE
requirements:

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 Director's satisfaction that it made
an adequate good faith effort to meet the goal shall be considered non-responsive.

1.        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 be relevant. Failure of a Proposer to
demonstrate adequate good faith efforts as to any one (1) 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:
          a.      If pre-proposal meetings are scheduled by the City at which MBEs and WBEs may be
          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


Contract No. OC83026                                 RFQ/RFP                                    July 30, 2008
On-Call Medium Scope                                Page 7 of 16
       mandatory; however, proposers are responsible for the information provided at these meetings.
       b.       The proposer must solicit through all reasonable and available means the interest of all
       MBEs and WBEs certified in the scopes of work of the contracts. The proposer must solicit the
       interest of such MBE’s and WBEs within sufficient time, prior to the date of the final project-
       specific 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.
       c.       The proposer must select the portions of the services of the contract to be performed by
       MBE’s and WBEs in order to increase the likelihood that the project goal will be achieved. This
       includes, where appropriate, using best efforts to break out contract services items economically
       feasible units to facilitate MBE and WBE participation as subconsultants or joint venturers, and
       for proposer self-performed work, as suppliers, manufactures, manufacturer’s representative and
       brokers, all reasonably consistent with industry and professional practice, even when the proposer
       would otherwise prefer to perform these with its own staff. The proposer must identify what
       portions of the contract will be self-performed and what portion 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.
       d.       The proposer, consistent with industry and professional practice, must provide MBEs and
       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, the proposer or which the proposer contacts or
       attempted to subconsultant or joint venture with consistent with industry and professional
       practice, the proposer must supply a statement giving the reasons why the proposer and the MBE
       or WBE did not succeed in negotiating a subconsultant, supplier manufacture, manufacture’s
       representative, broker or joint venture agreement, as applicable.
       g.       The proposer must provide verification that it rejected each non-utilized MBE and WBE
       because the MBE or WBE was not qualified. Such verification shall include a verified statement
       of the proposals received from potential or utilized subconsultants, suppliers, manufactures,
       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 WBE. A proposer may not reject an MBE or WBE as being
       unqualified without sound reasons based on a reasonably through investigation and assessment of
       the MBE’s or WBE’s capabilities and expertise.
       h.       If requested by a solicited MBE or WBE, 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.
       j.       The proposer must use the DSBO MBE/WBE directories to identify, recruit and place
       MBEs and WBEs.

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.

Contract No. OC83026                                RFQ/RFP                                   July 30, 2008
On-Call Medium Scope                               Page 8 of 16
In accordance with the provisions of Ordinance #760, the proposer agrees that it is committed to meeting
either the MBE/WBE 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 MBE/WBE Participation”. This fully executed statement of
commitment must be included with the proposal and must address and confirm the following
understandings:

1.    The Contractor understands it 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. 28-218.

2.      The Contractor understands that it must establish and maintain records and submit regular reports,
as required, which will allow the City to assess progress in satisfying the MBE/WBE participation goal.

3.      The Contractor understands that if amendments or any other agreement modifications are issued
under the Agreement, the Contractor 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.

4.       The Contractor understands that if amendments or 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 subcontractors or by the contractor, shall be
subject to goals for MBEs or WBEs equal to the original goals on the Agreement. The contractor must
satisfy such goals as respects to 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).

All proposers are charged with knowledge of and are solely responsible for complying with each
and every provision of Division 1 and 3 of Article III of Chapter 28, D.R.M.C., in submitting a
proposal and, if awarded, in performing the services or supply 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, proposers must consult Division 1 of Article
III of Chapter 28, D.R.M.C., and its accompanying Rules and Regulations and are encouraged to
contact the designated DSBO project representative at (720) 913-1999.

Section 7 – Insurance and Indemnification Required:
All City contracts require the select contractor to indemnify the City and provide insurance that is
adequate and sufficient to cover risks typically associated with this type of contract. The indemnity and
insurance obligations applicable to this solicitation are as follows:




Contract No. OC83026                                 RFQ/RFP                                  July 30, 2008
On-Call Medium Scope                                Page 9 of 16
A. Indemnification:

   The Contractor shall defend, release, indemnify, and save and hold harmless the City, its officers,
   agents, and employees from and against (1) any and all damages, including but not limited to loss of
   use, to property, or injuries to or death of any person or persons, including property and officers,
   agents and employees of the City, and (2) any and all claims, demands, suits, actions, liabilities, costs,
   expenses (including but not limited to reasonable attorney fees, expert witness fees, and all associated
   defense fees), causes of action, or other legal, equitable, or administrative proceedings of any kind or
   nature whatsoever, of or by anyone whomsoever regardless of the legal theory(ies) upon which
   premised, including but not limited to contract, tort, express and/or implied warranty, strict liability,
   and workers compensation, in any way resulting from, connected with, or arising out of, directly or
   indirectly, actions or omissions of the Contractor or those performing under it in connection with its
   operations or performance herewith or its use or occupancy of real or personal property hereunder,
   including actions or omissions of Subcontractors and Suppliers, and acts or omissions of officers,
   employees, agents, representatives, invitees, or licensees of the Contractor or its Subcontractors or
   Suppliers; provided however, that the Contractor need not indemnify the City or its officers, agents,
   and employees from damages proximately caused by and apportioned to the negligence of the City’s
   officers, agents, employees, or representatives designated in this Contract.

   This indemnity clause shall also cover the City’s defense costs, in the event the City, in its sole
   discretion elect to provide its own defense. The City retains the right to disapprove counsel, if any,
   selected by Contractor to fulfill the foregoing defense indemnity obligation, which right of
   disapproval shall not be unreasonably exercised.

   Insurance coverage requirements specified herein shall in no way lessen or limit 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 Contractor’s protection in the
   performance of this Contract.

   This defense and indemnification obligation shall survive the expiration or termination of this
   Contract.

B. Insurance:

   General Conditions. Contactor agrees to secure, at or before the time of execution of this Contract, the
   following insurance covering all operations, goods, or services provided pursuant to this Contract.
   Contractor shall keep the required insurance coverage in force at all times during the term of the
   Contract or any extension thereof and during any warranty period.

   The required insurance shall be underwritten by an insurer licensed to do business in Colorado and
   rated by A.M. Best Company as “A” VIII or better. Each policy shall contain a valid provision or
   endorsement stating “Should any of the above-described policies be canceled or should any coverage
   be reduced before the expiration date thereof, the issuing company shall send written notice to the
   Denver Risk Management Office, 201 West Colfax Avenue, Dept. 1105, Denver, Colorado 80202 by
   certified mail, return receipt requested. Such written notice shall be sent thirty (30) Days prior to
   such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent
   ten (10) Days prior.”

   If any policy is in excess of a deductible or self-insured retention, the City must be notified by the
   Contractor. The insurance coverages specified in this contract 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 Contract.

Contract No. OC83026                                RFQ/RFP                                     July 30, 2008
On-Call Medium Scope                               Page 10 of 16
   Proof of Insurance. Contractor shall provide a copy of this Contract to its insurance agent or broker.
   Contractor further agrees to have its agent or broker provide proof of Contractor’s required insurance
   in a form acceptable to the City’s Risk Management Office. The City reserves the right to require the
   Contractor to provide, a policy, or other proof of insurance as required by the City’s Risk
   Management Office, in it’s sole discretion. Contractor shall require that all such Subcontractors and
   Suppliers maintain the required coverages as specified above.

   Additional Insureds. For all required coverage, Contractor’s insurer shall name the City as an
   additional insured.

   Waiver of Subrogation. For all coverages, Contractor’s insurer shall waive subrogation rights against
   the City.

   Subcontractors. Contractor shall require all of its Subcontractors of any tier to provide insurance
   coverages in types and amounts in accordance with the requirements of this or other amounts
   acceptable to the Contractor. All Subcontractors, sub-consultants independent contractors, Suppliers
   or other entities providing goods or services required by this Contract shall be subject to those
   requirements and shall procure and maintain the coverages required by the Contractor. Contractor
   agrees to provide proof of insurance for all such Subcontractors, Suppliers, or other entities upon
   request by the City.

   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 $500,000.00 for each bodily injury occurrence claim, $500,000.00 for each bodily injury
   caused by disease claim, and $500,000.00 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 contract, 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 part of the term of this Contract, and that any such rejections previously effected,
   have been revoked as of the date Contractor executes this contract. Contractor shall ensure that all
   Subcontractors maintain and show auditable proof of insurance for the required coverages.

   General Liability: Contractor shall maintain limits of $1,000,000.00 for each occurrence claim,
   $2,000,000.00 for each personal and advertising injury claim, and $2,000,000.00 products and
   completed operations for each occurrence. Aggregate limits must be “per project” or “per location.”

   Automobile Liability. Contractor shall maintain combined single limits of $2,000,000.00 applicable
   to all vehicles operating on City property and elsewhere that includes auto pollution liability coverage
   for any vehicle hauling cargo containing pollutants or contaminants.

   Professional Liability. This coverage is not required for this Project.

   Inland Marine/Builder’s Risk: Contractor shall maintain Builder’s Risk insurance in an amount no
   less than the Maximum Contract Amount of this Contract, including covering the value of materials
   transported or stored. The Contractor shall be responsible for all claim deductibles associated with
   this policy, and these deductibles shall be a Direct Cost of Work.

   Excess/Umbrella Liability. Umbrella Liability in the amount of $ 1,000,000 is required.

   Contractor’s Pollution Liability. Contractor shall maintain limits of $1,000,000.00 per occurrence
   and in the aggregate.

   Additional Requirements. For all general liability, excess/umbrella liability, and pollution liability,
   the policies must provide the following:

Contract No. OC83026                                RFQ/RFP                                     July 30, 2008
On-Call Medium Scope                               Page 11 of 16
    1. If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims,
        the Contractor shall notify the City within ten (10) Days and reinstate the aggregates required;
    2. Unlimited defense costs in excess of policy limits;
    3. Contractual liability covering the indemnification provisions of this Contract;
    4. A severability of interests provision;
    5. Waiver of exclusion for lawsuits by one insured against another;
    6. A provision that coverage is primary to any coverage or self-insurance provided by the City and
        only the City; and
    7. A provision that coverage is non-contributory with other coverage or self-insurance provided by
        the City and only the City.
    8. For all coverages, if the policy is a claims-made policy, then 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. Claims made coverage forms must be approved in advance by the City Risk
        Administrator.
    9. For all general liability and excess/umbrella liability, the policies must not contain an exclusion
        for subsidence or earth movement; an exclusion for habitational construction, reconstruction,
        remodeling, repair or similar activity; an exclusion for the hazard of explosion; an exclusion for
        the hazard of collapse; or an exclusion for the hazard of underground work.
    10. For all general liability, excess/umbrella liability, pollution liability, and professional liability, if
        specified herein, the policies must not contain an exclusion for injury or damage from mold,
        fungus, or other biological pathogens.

Section 8 – Prevailing Wage Requirement:

In performance of all Work the General Contractor will be required 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 as Attachment G.

Section 9 - Designated Contact:

Direct any questions regarding this RFQ to:

    Mr. Robert Alson, P.E.
    Department of General Services
    Facilities Planning and Management Division
    201 West Colfax Avenue, Dept. 903
    Denver, Colorado 80202
    Phone: 720-913-8821
    E-mail: robert.alson@denvergov.org

Section 10 - Statement of Qualifications and Format (RFQ Phase):

Responses to the RFQ will be received no later than: 4:00 P.M. local time, September 2, 2008.

Interested firms shall submit six (6) copies of their Statement of Qualifications. The statement shall be
well composed and shall concisely present the Applicant’s qualifications for the respective projects. A
massive submittal is not necessary and is discouraged. All statements shall adhere to the following
format:



Contract No. OC83026                                   RFQ/RFP                                      July 30, 2008
On-Call Medium Scope                                  Page 12 of 16
A. Letter of Introduction and Interest, addressed to:

         Mr. Kevin Patterson, Manager
         Department of General Services
         c/o: Facilities Planning and Management
         201 West Colfax Avenue, Dept. 903
         Denver, Colorado 80202
         Attention: Mr. Robert Alson, P.E.

B. Contractor Profile summarizing the General Contractor’s organization and management. Include the
   number of years in operation, the location of office in the Denver Metropolitan area, size of staff and
   contact information including e-mail addresses. The General Contractor shall be required to assign
   sufficient personnel to provide full authority for decision making and immediate availability for ongoing
   daily contact.

C. Resumes of principal personnel which will be assigned to the work performed under the contract.
   Indicate ability to assign sufficient experienced personnel at all levels as needed to ensure manpower
   availability. At a minimum include resumes for one owner / officer of the general contracting
   company, one construction project manager and one construction jobsite superintendent.

D. Description of the capability of the general contracting firm to “self perform” certain work. Include a
   list of all areas in which the general contractor is able to perform and fully execute certain
   construction work using its own forces. Give examples of past self performed work.

E. Examples of project construction work, within the past five years, highlighting experience in the
   performance and administration of general construction work on various public, commercial, historic
   renovations or municipal building facilities. Examples shall be identified by photograph, project
   name, location, brief description, general construction scope, budget, schedule, and other
   responsibilities and a reference person, with current address and phone number, which the City may
   contact. Also include design consultant and / or architect reference persons.

F. Identify and describe any current outstanding litigation.

G. Examples of experience in US Green Building Council, Leadership in Energy and Environment
   Design (LEED) certified building projects.

H. Experience in scheduling, billing, accounting, change management, and other administrative tasks
   associated with performing construction work and administering construction contract responsibilities
   for municipalities or other governmental clients.

I.   Safety: Provide a resume of the person in charge of safety for your company. Identify specific
     training that qualifies them for this position. Describe the safety program your firm uses to improve
     the safety, security and productivity of jobsites.

J.   Joint venture agreement if applicable.

Section 11 – Selection Criteria & Process (RFQ Phase):

A. The Selection Committee shall consist of General Services, Client Agency and industry
   representatives as approved by the Manager of General Services.

B. The Selection Committee shall review the written responses to the RFQ. All Applicants will receive
   written notice, of the results of the Committee’s RFQ evaluation, with announcement of the short
   listed firms who are invited to continue on to the RFP stage of the selection process.

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On-Call Medium Scope                                Page 13 of 16
C. The RFQ submittals shall be evaluated according to the following general guidelines and other
   relevant considerations as determined by the Selection Committee:

    1.    Overall organization and capabilities of the General Contracting firms.
    2.    Overall qualifications of the general construction contractors’ personnel.
    3.    Past performance of general contractors on construction of municipal building facilities.
    4.    Past performance of general contractor on construction within operational facilities.

Section 12 – Statement of Proposal and Format (RFP Phase):

Applicants whose submittals best satisfy the selection criteria set forth herein, as determined by the
Selection Committee, will be short-listed and will be invited to respond to the RFP. Short listed firms
shall submit six (6) copies of their Statement of Proposal. The statement shall be well composed and
shall concisely present the Applicant’s Proposal in response to the RFP questions listed below. A
massive submittal is not necessary and is discouraged. All statements shall adhere to the following
format and include the following:

A. Submit an updated Contractor Profile identifying any changes to the Request for Qualification
    submittal received on September 2, 2008 if needed. If there have been no changes, it is not
    necessary to resubmit RFQ information.

B. Submit a list of the following hourly billing rates for:

    1. General Contractor Project Manager
    2. General Contractor Superintendent
       a. On-site General Contractor Supervision
       b. Estimating/Pricing Services per SC-16 of the Sample Contract
       c. Clerical Services
       d. Financial Accounting Services

    These hourly billing rates are to be used by the City for reference purposes only.

C. Estimate Mobilization Costs for an interior tenant finish/ remodel project located at each of three sites
   in:

    1. Downtown Denver
    2. Urban Parks and Recreation facility
    3. Mountain Parks facility

D. Markup for Overhead and Profit. The Proposal shall list the General Contractor’s percentage of
   markup on the actual price of the subcontractor’s work, including labor, materials and equipment. The
   General Contractor, subcontractor or sub-subcontractor who actually performs the Work shall be
   entitled to a markup of 15% on their own actual costs for direct labor, material and equipment as
   identified in item B, of SC- 16. For terminology and methodology applicable to Work Order pricing,
   refer to General Contract Conditions (Orange Book) Titles 9 and 11, Special Contract Conditions SC-
   16 – SC-20, and the Proposal Request Pricing Worksheet forms in Attachment F of this document. A
   supervising subcontractor, if any, shall not be entitled to a markup on the actual price charged to the
   subcontractor by the sub-subcontractor. Bonds, insurance and sales tax are to be added after markup.

    The percentage markups shall be considered to include field and office supervisors and assistants
    including all clerical and general office help; review and coordination; estimating; expediting;
    watchmen; small tools; incidental job burdens including office equipment and supplies, temporary


Contract No. OC83026                                 RFQ/RFP                                   July 30, 2008
On-Call Medium Scope                                Page 14 of 16
     toilets, telephone, fax and conformance to OSHA requirements; and general home office expenses.
     These percentage markups shall be applied one time only for each Proposal Request and shall not
     pyramid in any way.

E. Experience in Single Trade Coordination (Minor Single Trade work orders): Give examples of
   completed projects which involved supervision of only one or two subcontractors.

F. Fair Pricing Reviews: At times the General Contractor may be asked to review another contractor’s
   pricing. Explain how your firm would evaluate the Proposal to determine errors and
   misunderstandings isolate variables and exceptions. Outline where the costs come from and provide
   alternatives. The City requires that all pricing be transparent. Market transparency is a necessary
   condition for competition, and competition has a moderating effect on pricing.

G. Bidding Expertise: Describe the methods used by your firm to select and utilize appropriate
   subcontractors, as necessary to conduct proposal request pricing. For projects over $125,000 the
   selected on-call general contractors may be asked to bid the scope of work to subcontractors, to obtain
   the best Proposal pricing attainable for the work.

H. Complete and submit the Proposal Form from Attachment A, showing all contractors or subcontractors
   and the anticipated percentages of participation for those contractors or subcontractors. Multiple
   subcontractors may be listed for an anticipated scope of work, with the percentages distributed between
   them, so that the total participation matches the anticipated percentages of the total contract as shown in
   Attachment A. Also refer to Attachment E, for specific information on M/WBE participation
   requirements. Failure to submit all required information may result in the proposal being considered
   non-responsive.

I.   Quality Control: Describe methods used to achieve quality workmanship and deliver projects that
     meet or exceed the project requirements and City and County of Denver General Contract Conditions
     (“Orange Book”).

J.   Contractor Change Requests: Describe the proactive methods, new technologies and technical
     expertise used by your firm to minimize change orders while providing quality construction. Describe
     how subcontractor change order requests are reviewed for validity before a Contractor Change
     Request is submitted. Describe your firm’s approach toward project planning and management.

K. Scheduling and Execution: Provide a sample CPM construction schedule for a 60 period of
   performance interior tenant finish project. Assume the majority of the work will be performed during
   regular working hours.

Section 13 – Selection Criteria & Process:

A. The Selection Committee shall consist of General Services, Client Agency and industry
   representatives as approved by the Manager of General Services.

B. The Selection Committee shall review the written responses to the RFQ. All Applicants will receive
   written notice, of the results of the Committee’s RFQ evaluation, with announcement of the short
   listed firms who are invited to continue on to the RFP stage of the selection process.

C. The RFQ submittals shall be evaluated according to the following general guidelines and other
   relevant considerations as determined by the Selection Committee:

     1. Overall organization and capabilities of the General Contracting firms.
     2. Overall qualifications of the general construction contractors’ personnel.
     3. Past performance of general contractors on construction of municipal building facilities.

Contract No. OC83026                                  RFQ/RFP                                    July 30, 2008
On-Call Medium Scope                                 Page 15 of 16
    4. Past performance of general contractor on construction within operational facilities.

D. The Selection Committee shall review the written responses to the RFP and participate in the
   interviews. All Applicants will receive written notice, of the results of the Committee’s RFP
   evaluation.

Section 14 – Attachments:

The following attachments to this RFQ / RFP are provided as reference material for respondents:

    ATTACHMENT A          Anticipated Scope %, Proposal Form
    ATTACHMENT B.         Performance and Payment Bond
    ATTACHMENT C.         Proposer/Contractor/Vendor/Proposer Disclosure
    ATTACHMENT D.         Rules and Regulations Regarding Equal Employment Opportunity
    ATTACHMENT E.         Minority and Woman Business Enterprise
    ATTACHMENT F.         Sample Contract
    ATTACHMENT G.         Prevailing Wage Rates




Contract No. OC83026                               RFQ/RFP                                     July 30, 2008
On-Call Medium Scope                              Page 16 of 16
                                                                    Attachment A

                                                           Proposal Form
Name, Address and Phone of                                                                                      Anticipated % of
Contractor or Subcontractor                                                  Type of Work                        Total Contract




                                                                                                                     100%

Notes: (1) Proposers are required to list all subcontractors anticipated for use in performing contract work.
            Use additional copies of this form as needed. M/WBE Certified Prime Contractors must list
           themselves on this form. M/WBE subcontractors need to be listed and identified on Page 2
           of Attachment E.




 Contract No. OC83026                                              Attachment A                                   July 30, 2008
 On-Call Medium Scope                                               Page 1 of 2
                                                          Attachment A

  Anticipated Scope of Work                         Anticipated Percent of Total Contract

  General Construction                                              18%
  Electrical                                                         9%
  Mechanical / HVAC / Controls                                       9%
  Interiors / Tenant Finish / Signage                                7%
  Security / Telecommunications / AV                                 7%
  Plumbing                                                           6%
  Drywall and Painting                                               5%
  Landscape and Irrigation                                           5%
  Other or Miscellaneous                                             4%
  Roofing                                                            4%
  Carpet/ Flooring                                                   3%
  Concrete                                                           3%
  Demolition                                                         3%
  Fire Alarm / Fire Protection                                       3%
  Janitorial / Cleaning                                              3%
  Trucking / Hauling                                                 3%
  Asphalt Paving                                                     2%
  Masonry                                                            2%
  Miscellaneous Metals                                               2%
  Windows and Doors                                                  2%

                                        Total                      100%

  Notes: (1) The percentages listed above reflect historical trends for on call construction contracts.
            These percentages may be used by proposers to determine the percentage participation for
             M/WBE contractors and subcontractors listed in Attachment E.
         (2) Where line items for work listed involve more than one subcontractor ( for example, if fire
            alarm and fire protection, or mechanical/hvac/controls are performed by different subcontractors )
            proposers may determine the appropriate sub percentages to be assigned to each subcontractor.




Contract No. OC83026                                     Attachment A                                      July 30, 2008
On-Call Medium Scope                                      Page 2 of 2
                                             Attachment B

                                   CITY AND COUNTY OF DENVER
                              DEPARTMENT OF GENERAL SERVICES
                              Facilities Planning and Management Division

                               PERFORMANCE AND PAYMENT BOND

KNOW ALL MEN BY THESE 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
                                                                    Dollars ($                              ),
lawful money of the United States of America, for the payment of which sum, well and truly to be made, we
bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly
by these presents;

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 CONTRACT NO. _____________________, Contract Name, 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 FURTHER, 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;

PROVIDED FURTHER, that if said Contractor shall at all times promptly make payments of all amounts
lawfully due to all persons supplying or furnishing 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;



Contract No. OC83026                                 Attachment B                                 July 30, 2008
On-Call Medium Scope                                  Page 1 of 2
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;

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 thereunder, 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 WHEREOF, said Contractor and said Surety have executed these presents as of
this
             day of                         , 20 .



                                                          Contractor
Attest:
                                                          By:
Secretary
                                                                   President

                                                          Surety

                                                          By:
                                                                   Attorney-In-Fact


(Accompany this bond with Attorney-in-Fact's authority from the Surety to execute bond,
certified to include the date of the bond).

APPROVED AS TO FORM:                                      APPROVED FOR THE                   CITY     AND
Attorney for the City and County of                       COUNTY OF DENVER
Denver

By:                                                       By:
          Assistant City Attorney                                  John W. Hickenlooper
                                                                   MAYOR


                                                          By:
                                                                   Kevin Patterson
                                                                   MANAGER OF GENERAL SERVICES




Contract No. OC83026                                Attachment B                                July 30, 2008
On-Call Medium Scope                                 Page 2 of 2
                                                Attachment C
                                 CITY AND COUNTY OF DENVER
                              DEPARTMENT OF GENERAL SERVICES
                                 Facilities Planning and Management

                 CONTRACTOR/VENDOR/PROPOSER DISCLOSURE FORM

___________________________________                       ____________________________________
Bidding Entity’s/Proposer’s Name                          Date this form was completed

___________________________________                       (____)_______________________________
Address                                                   Telephone Number

___________________________________                       _____________________________________
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.

3.      If your business entity has previously submitted a Form and the information provided in this previously
submitted Form has not changed, you need only complete Section 6 and return the Form.

4.       If your business entity has not previously submitted a Form or any of the information contained in a
previously submitted Form has changed, you must identify in Section 1 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:
         (A)       Identify in Section 2, for each person listed in Section 1, that person’s spouse, if any, and any
children of that person, under the age of eighteen (18);
                                                         OR
         (B)       Identify in Section 3, any person listed in Section 1 and any spouse or age eighteen (18) or under
child of any person listed in Section 1 that made a CONTRIBUTION, as defined in D.R.M.C. 15-32, to any
CANDIDATE, as also defined in D.R.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 1 or any spouse
or child under the age of eighteen (18) of any person listed in Section 1 made a contribution 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 bid/contract/purchase order/proposal includes subcontractors, subconsultants or
suppliers receiving more than $100,000.00 for 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
subcontractor/subconsultant/supplier and each such union in Section 5.



Contract No. OC83026                                    Attachment C                                     July 30, 2008
On-Call Medium Scope                                     Page 1 of 3
SECTION 1. MUST BE FILLED OUT BY ALL BIDDER/PROPOSERS/CONTRACTORS/VENDORS:
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.

1. [   ]   [   ] _________________________________              9. [   ][   ] ________________________________
2. [   ]   [   ] _________________________________             10. [   ][   ] ________________________________
3. [   ]   [   ] _________________________________             11. [   ][   ] ________________________________
4. [   ]   [   ] _________________________________             12. [   ][   ] ________________________________
5. [   ]   [   ] _________________________________             13. [   ][   ] ________________________________
6. [   ]   [   ] _________________________________             14. [   ][   ] ________________________________
7. [   ]   [   ] _________________________________             15. [   ][   ] ________________________________
8. [   ]   [   ] _________________________________             16. [   ][   ] ________________________________

EITHER FILL OUT SECTION 2 OR SECTION 3 AND SECTION 4 IF APPLICABLE.

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, G =
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.
1. [ ] [ ] _________________________________                    9. [ ] [ ] ________________________________
2. [ ] [ ] _________________________________                   10. [ ] [ ] ________________________________
3. [ ] [ ] _________________________________                   11. [ ] [ ] ________________________________
4. [ ] [ ] _________________________________                   12. [ ] [ ] ________________________________
5. [ ] [ ] _________________________________                   13. [ ] [ ] ________________________________
6. [ ] [ ] _________________________________                   14. [ ] [ ] ________________________________
7. [ ] [ ] _________________________________                   15. [ ] [ ] ________________________________
8. [ ] [ ] _________________________________                   16. [ ] [ ] ________________________________



SECTION 3. DISCLOSURE OF CONTRIBUTION BY PERSONS LISTED IN SECTION 1 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 (18) 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, G= Child under 18, use the second box to identify relationship of spouse or
child listed to person listed in Section 1.

1. [   ]   [   ] _________________________________              9. [   ][   ] ________________________________
2. [   ]   [   ] _________________________________             10. [   ][   ] ________________________________
3. [   ]   [   ] _________________________________             11. [   ][   ] ________________________________
4. [   ]   [   ] _________________________________             12. [   ][   ] ________________________________
5. [   ]   [   ] _________________________________             13. [   ][   ] ________________________________
6. [   ]   [   ] _________________________________             14. [   ][   ] ________________________________
7. [   ]   [   ] _________________________________             15. [   ][   ] ________________________________
8. [   ]   [   ] _________________________________             16. [   ][   ] ________________________________




Contract No. OC83026                                    Attachment C                                   July 30, 2008
On-Call Medium Scope                                     Page 2 of 3
SECTION 4. BIDDER/CONTRACTOR/VENDOR/PROPOSER CERTIFIED STATEMENT IN LIEU OF
DISCLOSURE.
I hereby certify that, except as listed above, no officer, director, shareholder 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 15-32 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



SECTION 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 proposal will exceed
One Hundred Thousand Dollars ($100,000.00), identifying them in the box provided as follows: H = Subcontractor,
I = Supplier, J = Union.

1. [   ]   [   ] _________________________________               9. [   ][   ] ________________________________
2. [   ]   [   ] _________________________________              10. [   ][   ] ________________________________
3. [   ]   [   ] _________________________________              11. [   ][   ] ________________________________
4. [   ]   [   ] _________________________________              12. [   ][   ] ________________________________
5. [   ]   [   ] _________________________________              13. [   ][   ] ________________________________
6. [   ]   [   ] _________________________________              14. [   ][   ] ________________________________
7. [   ]   [   ] _________________________________              15. [   ][   ] ________________________________
8. [   ]   [   ] _________________________________              16. [   ][   ] ________________________________



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. [i.e. the information
contained in responses to Sections 1, 2, 3, 4, 5 and 6 of this Form] for _________________________________ 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                                               Date
Business Entity




Contract No. OC83026                                    Attachment C                                     July 30, 2008
On-Call Medium Scope                                     Page 3 of 3
                                            Attachment D
                                RULES AND REGULATIONS
                                      REGARDING
                            EQUAL EMPLOYMENT OPPORTUNITY

Promulgated and adopted by the Manager of Public Works pursuant to and by authority of Article III,
Division 2, Chapter 28 of the Revised Municipal Code of the City and County of Denver, and 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.

                                        RULE I - DEFINITIONS

A.      "City" means the City and County of Denver.

B.      "Manager" shall mean the Manager of Public Works for the City and County of Denver.

C.      "Contract" means a contract entered into with the City and County of Denver, financed in whole
        or in part by local resources or funds of the City and County of Denver, for the construction of
        any public building or prosecution or completion of any public work.

D.      "Contractor" means the original party to a contract with the City and County of Denver, also
        referred to as the "general" or "prime" contractor.

E.      "Director" means the Director of the Division of Small Business Opportunity.

F.      "Subcontractor" means any person, company, association, partnership, corporation, or other
        entity, which assumes by subordinate agreement some or all of the obligations of the general or
        prime contractor.

G.      The phrase "Bidding Specifications" as used in Article III, Division 2 of Chapter 28 of the
        Revised Municipal Code shall include BID CONDITION, INVITATION TO BID, and NOTICE
        OF PROPOSAL.

H.      "Affirmative Action Program" means a set of specific and result-oriented procedures or steps to
        which a contractor commits himself to apply every good faith effort to employ members of ethnic
        minority groups, to include persons of African descent (Black), Spanish surnamed (Hispanic),
        Asian-American, American Indians, and persons with mental or physical handicap.

I.      "Division of Small Business Opportunity" means the City agency established pursuant to
        Article III, Division 1 of Chapter 28 of the Denver Revised Municipal Code.

                                   RULE II - NOTICE OF HEARING

When results of conciliation efforts are unsatisfactory to the Manager and he is informed in accordance
with Article III, Division 2 of Chapter 28 of the Revised Municipal code that a contractor or subcontractor
has apparently failed to meet affirmative action and equal employment opportunity requirements after a
reasonable period of notice to correct deficiencies, the Manager will, prior to imposition of any sanctions,

Contract No. OC83026                                Attachment D                                July 30, 2008
On-Call Medium Scope                                Page 1 of 11
afford the general contractor a hearing in order to determine whether the contractor or his subcontractors
have failed to comply with the affirmative action and equal employment opportunity requirements of
Article III, Division 2 of Chapter 28 of the Revised Municipal Code or of the contract. Written notice of
such hearing shall be delivered personally or sent by certified mail, return receipt requested, to the
contractor and to any subcontractor involved, at least ten (10) days prior to the date scheduled for the
hearing.

                                          RULE III - HEARING

A.      Contractors will appear at hearings and may be represented by counsel, and may present
        testimony orally and other evidence.

B.      Hearings shall be conducted by one or more hearing examiners designated as such by the
        Manager.

C.      The Director of the Division of Small Business Opportunity may participate in hearings as a
        witness.

D.      Hearings shall be held at the place specified in the notice of hearing.

E.      All oral testimony shall be given under oath or affirmation and a record of such proceedings shall
        be made.

F.      All hearings shall be open to the public.

G.      The hearing officer shall make recommendations to the Manager who shall make a final decision.

                                             REGULATIONS

REGULATION NO. 1 - ORDINANCE:
     The Rules and Regulations of the Manager shall be inserted in the bidding specifications for
     every contract for which bidding is required.

REGULATION NO. 2 - EXEMPTIONS:
     Each contract and subcontract, regardless of the dollar amount, shall be subject to affirmative
     action requirements unless specifically exempted in writing individually by the Manager.
     Exemptions apply only to "affirmative action" in equal employment opportunity, and are not to
     be construed as condonation in any manner of "discrimination" or "discriminatory practices" in
     employment because of race, color, creed, sex, age, national origin, religion, marital status,
     political opinion or mental or physical handicap.

REGULATION NO. 3 - DIRECTOR OF CONTRACT COMPLIANCE:
     The Director of the Division of Small Business Opportunity shall perform the duties assigned to
     such official by Article III, Division 2 Chapter 28 of the Revised Municipal Code and by the
     Manager. (1) The Director of the Division of Small Business Opportunity or designated
     representatives shall inform bidders and contractors of affirmative action procedures, programs,
     and goals in accordance with the Ordinance at pre-bid and pre-construction conference; (2) make
     regular on-site inspections; (3) supply contractors and subcontractors with report forms to be
     completed by them when requested, and furnished to the Director of the Division of Small
     Business Opportunity; and (4) review payroll records, employment records and practices of
     general contractors and their subcontractors and suppliers during the performance of any contract.
     The Director of the Division of Small Business Opportunity shall promptly report apparent
     affirmative action deficiencies to the Manager.


Contract No. OC73086                                Attachment D                             July 23, 2008
On-Call Large Scope                                 Page 2 of 11
REGULATION NO. 4 - GOALS AND TIMETABLES:
     In general, goals and timetables should take into account anticipated vacancies and the
     availability of skills in the market place from which employees should be drawn. In addition,
     where discrimination in employment by a general contractor or any of his subcontractors is
     indicated, a corrective action program will take into account the need by the general contractor
     and his subcontractors to correct past discriminatory practices and reach goals of minority
     manpower utilization on a timely basis through such recruiting and advertising efforts as are
     necessary and appropriate.

REGULATION NO. 5 - AWARD OF CONTRACTS:
     It shall be the responsibility of the Director of the Division of Small Business Opportunity to
     determine the affirmative action capability of bidders, contractors and subcontractors and to
     recommend to the Manager the award of contracts to those bidders, contractors and
     subcontractors and suppliers who demonstrate the ability and willingness to comply with the
     terms of their contract.

REGULATION NO. 6 - PUBLICATION AND DUPLICATION:
     Copies of these Rules and Regulations as amended by the Manager from time to time, shall as
     soon as practicable and after Notice being published will be made a part of all City Contracts.

REGULATION NO. 7 - NOTICE TO PROCEED:
     Prior to issuance of the Notice to Proceed, a sign-off will be required of the Director of the
     Division of Small Business Opportunity or his designee.

REGULATION NO. 8 - CONTRACTS WITH SUBCONTRACTORS:
     To the greatest extent possible, the contractor shall make a good faith effort to contract with
     minority contractors, subcontractors and suppliers for services and supplies by taking affirmative
     actions, which include but are not limited to the following:

       1.      Advertise invitations for subcontractor bids in minority community news media.

       2.      Contact minority contractor organizations for referral of prospective subcontractors.

       3.      Purchase materials and supplies from minority material suppliers.

REGULATION NO. 9 - AGENCY REFERRALS:
     It shall be no excuse that the union with which the contractor or subcontractor has an agreement
     providing for referral, exclusive or otherwise, failed to refer minority employees.

REGULATION NO. 10 - CLAUSES:
     The Manager shall include the appropriate clauses in every contract and the contractor shall cause
     to be inserted in every subcontract the appropriate clauses:

       1.      APPENDIX A: City and County of Denver Equal Opportunity Clause - ALL
               CONTRACTS funded only with City and County of Denver monies.

       2.      APPENDIX B: Equal Opportunity Clause (11246) - ALL FEDERAL ASSISTED.

       3.      APPENDIX C: Section 3 - Assurance of Compliance - HUD ASSISTED PROJECTS.

       4.      APPENDIX D: Section 3 - Clause - HUD ASSISTED PROJECTS.

       All amendments to the appendices shall be included by reference.


Contract No. OC73086                             Attachment D                                July 23, 2008
On-Call Large Scope                              Page 3 of 11
REGULATION NO. 11 - SHOW CAUSE NOTICES:
     When the Manager has reasonable cause to believe that a contractor has violated Article III,
     Division 2 of Chapter 28 of the Denver Revised Municipal Code, he may issue a notice requiring
     the contractor to show cause, within fifteen (15) days why enforcement procedures, or other
     appropriate action to insure compliance, should not be instituted.

REGULATION NO. 12 - BID CONDITIONS - AFFIRMATIVE ACTION
     REQUIREMENTS - EQUAL EMPLOYMENT OPPORTUNITY:

       1.      APPENDIX E: The Bid Conditions - Affirmative Action Requirements - Equal
               Employment Opportunity as amended and published by the U.S. Department of Labor
               Employment Standards Administration, Office of Federal Contract Compliance, shall be
               inserted verbatim for bidding specification for every non-exempt contract involving the
               use of Federal funds.

       2.      APPENDIX F: The Bid Conditions - Affirmative Action Requirements - Equal
               Employment Opportunity as published by the Department of Public Works, City and
               County of Denver, shall be inserted verbatim as bidding specifications for every non-
               exempt contract using City funds.




Contract No. OC73086                            Attachment D                              July 23, 2008
On-Call Large Scope                             Page 4 of 11
                              CITY AND COUNTY OF DENVER
                           DEPARTMENT OF GENERAL SERVICES
                         FACILITIES PLANNING AND MANAGEMENT


                                             APPENDIX A


            CITY AND COUNTY OF DENVER EQUAL OPPORTUNITY CLAUSE -
                               ALL CONTRACTS

1.     The Contractor will not discriminate against any employee or applicant for employment because
       of race, creed, color, sex, age, national origin, religion, marital status, political opinion or
       affiliation, or mental or physical handicap. The Contractor will take affirmative action to ensure
       that applicants are employed, and that employees are treated during employment without regard
       to their race, creed, color, sex, age, national origin, religion, marital status, political opinion or
       affiliation, or mental or physical handicap. Such action shall include, but not be limited to the
       following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
       layoff or termination; rates of pay or other forms of compensation; and selection for training,
       including apprenticeship. The Contractor agrees to post in conspicuous places, available to
       employees and applicants for employment, notices to be provided setting forth the provisions of
       this nondiscrimination clause.

2.     The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of
       the contractor, state that all qualified applicants will receive consideration for employment
       without regard to race, creed, color, sex, age, national origin, religion, marital status, political
       opinion or affiliation, or mental or physical handicap.

3.     The Contractor will send to each labor union or representative of workers with which he has a
       collective bargaining agreement or other contract or understanding, a notice to be provided,
       advising the said labor union or workers' representatives of the contractor's commitments under
       this section, and shall post copies of the notice in conspicuous places available to employees and
       applicants for employment.

4.     Each Contractor will comply with all provisions of Article III, Division 2 of Chapter 28 of the
       Revised Municipal Code, and the rules, regulations, and relevant orders of the Manager and the
       Director.

5.     The Contractor will furnish all information and reports required by Article III, Division 2 of
       Chapter 28 of the Revised Municipal Code, and by rules, regulations and orders of the Manager
       and Director or pursuant thereto, and will permit access to his books, records, and accounts by the
       Manager, Director, or their designee for purposes of investigation to ascertain compliance with
       such rules, regulations, and orders.

6.     In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract
       or with any of the said rules, regulations or orders, this contract may be canceled, terminated, or
       suspended in whole or in part and the Contractor may be declared ineligible for further City
       contracts in accordance with procedures authorized in Article III, Division 2, Chapter 28 of the
       Revised Municipal Code, or by rules, regulations, or order of the Manager.

7.     The Contractor will include Regulation 12, Paragraph 2 and the provisions of paragraphs (1)
       through (6) in every subcontract of purchase order unless exempted by rules, regulations, or
       orders of the Manager issued pursuant to Article III, Division 2, Chapter 28 of the Revised
       Municipal Code, so that such provisions will be binding on each subcontractor or supplier. The

Contract No. OC73086                               Attachment D                                 July 23, 2008
On-Call Large Scope                                Page 5 of 11
       Contractor will take such action with respect to any subcontract or purchase order as the
       administering agency may direct as a means of enforcing such provisions, including sanctions for
       noncompliance.

       The applicant further agrees to be bound by the above equal opportunity clauses with respect to
       its own employment practices when it participates in City contracts. The Contractor agrees to
       assist and cooperate actively with the Manager and the Director in obtaining compliance of
       subcontractors and suppliers with the equal opportunity clause and the rules, regulations and
       relevant orders of the Manager, and will furnish the Manager and the Director such information
       as they may require for the supervision of compliance, and will otherwise assist the Manager and
       Director in the discharge of the City's primary responsibility for securing compliance. The
       Contractor further agrees to refrain from entering into any contract or contract modification
       subject to Article III, Division 2 of Chapter 28 of the Revised Municipal Code with a contractor
       debarred from, or who has not demonstrated eligibility for, City contracts.

       The Contractor will carry out such sanctions and penalties for violation of the equal opportunity
       clause as may be imposed upon contractors and subcontractors by the Manager and Director. In
       addition, the Contractor agrees that failure or refusal to comply with these undertakings the
       Manager may take any or all of the following actions:

       A.      Cancellation, termination, or suspension in whole or in part of this contract.

       B.      Refrain from extending any further assistance to the applicant under the program with
               respect to which the failure occurred until satisfactory assurance of future compliance has
               been received from such applicant.

       C.      Refer the case to the City Attorney for appropriate legal proceedings.

SUBCONTRACTS: Each prime Contractor or Subcontractor shall include the equal opportunity clause
in each of its subcontracts.




Contract No. OC73086                              Attachment D                                  July 23, 2008
On-Call Large Scope                               Page 6 of 11
                             CITY AND COUNTY OF DENVER
                          DEPARTMENT OF GENERAL SERVICES
                        FACILITIES PLANNING AND MANAGEMENT


                                          APPENDIX F

                          AFFIRMATIVE ACTION REQUIREMENTS

                           EQUAL EMPLOYMENT OPPORTUNITY

                  For All Non-Exempt Construction Contracts to Be Awarded by the
                      City and County of Denver, Department of Public Works.


                                              NOTICE

EACH BIDDER, CONTRACTOR OR SUBCONTRACTOR (HEREINAFTER THE CONTRACTOR)
MUST FULLY COMPLY WITH THE REQUIREMENTS OF THESE BID CONDITIONS AS TO
EACH CONSTRUCTION TRADE IT INTENDS TO USE ON THIS CONSTRUCTION CONTRACT,
AND ALL OTHER CONSTRUCTION WORK (BOTH CITY AND NON-CITY) IN THE DENVER
AREA DURING THE PERFORMANCE OF THIS CONTRACT OR SUBCONTRACT.                                     THE
CONTRACTOR        COMMITS      ITSELF    TO    THE     GOALS     FOR    MINORITY      MANPOWER
UTILIZATION, AS APPLICABLE, AND ALL OTHER REQUIREMENTS, TERMS AND
CONDITION OF THESE BID CONDITIONS BY SUBMITTING A PROPERLY SIGNED BID.


THE CONTRACTOR SHALL APPOINT A COMPANY EXECUTIVE TO ASSUME THE
RESPONSIBILITY FOR THE IMPLEMENTATION OF THE REQUIREMENTS, TERMS AND
CONDITIONS OF THESE BID CONDITIONS.



                                                              /s/
                                                              Guillermo Vidal
                                                              Manager of Public Works
                                                              City and County of Denver




Contract No. OC73086                           Attachment D                               July 23, 2008
On-Call Large Scope                            Page 7 of 11
A.     REQUIREMENTS - AN AFFIRMATIVE ACTION PLAN:
       Contractors shall be subject to the provisions and requirements of these bid conditions including
       the goals and timetables for minority* and female utilization, and specific affirmative action steps
       set forth by the Office of Contract Compliance. The contractor's commitment to the goals for
       minority, and female utilization as required constitutes a commitment that it will make every
       good faith effort to meet such goals.

       1.      GOALS AND TIMETABLES:
               The goals and timetables for minority and female participation, expressed in percentage
               terms for the contractor's aggregate workforce in each trade are as follows:

                             GOALS FOR                                GOALS FOR
                       MINORITY PARTICIPATION                    FEMALE PARTICIPATION
                          FOR EACH TRADE                            FOR EACH TRADE

                          From January 1, 1982                      From January 1, 1982
                                    to                                        to
                           Until Further Notice                      Until Further Notice

                             21.7% - 23.5%                                  6.9%

               The goals for minority and female utilization above are expressed in terms of hours of
               training and employment as a proportion of the total number of hours to be worked by the
               contractor's aggregate workforce, which includes all supervisory personnel, in each trade,
               on all projects for the City and County of Denver during the performance of its contract
               (i.e., The period beginning with the first day of work on the City and County of Denver
               funded construction contract and ending with the last day of work).

               The hours of minority and female employment and training must be substantially uniform
               throughout the length of the contract in each trade and minorities and females must be
               employed evenly on each of a contractor's projects. Therefore, the transfer of minority or
               female employees from contractor to contractor or from project to project for the purpose
               of meeting the contractor's goals shall be a violation of these Bid Conditions.

               If the Contractor counts the nonworking hours of apprentices they must be employed by
               the Contractor during the training period; the Contractor must have made a commitment
               to employ apprentices at the completion of their training subject to the availability of
               employment opportunities; and the apprentices must be trained pursuant to training
               programs approved by the Bureau of Apprenticeship and Training.

                        * "Minority" is defined as including, Blacks, Spanish Surname Americans,
                        Asian Americans, and American Indians, and includes both men and minority
                        women.

       2.      SPECIFIC AFFIRMATIVE ACTION STEPS:
               No contractor shall be found to be in noncompliance solely on account of its failure to
               meet its goals, but will be given an opportunity to demonstrate that the contractor has
               instituted all the specific affirmative action steps specified and has made every good faith
               effort to make these steps work toward the attainment of its goals within the timetables,
               all to the purpose of expanding minority and female utilization in its aggregate
               workforce. A contractor, who fails to comply with its obligation under the Equal
               Opportunity Clause of its contract and fails to achieve its commitments to the goals for
               minority and female utilization has the burden of proving that it has engaged in an


Contract No. OC73086                              Attachment D                                July 23, 2008
On-Call Large Scope                               Page 8 of 11
               Affirmative Action Program directed at increasing minority and female utilization and
               that such efforts were at least as extensive and as specific as the following:

               a.      The Contractor should have notified minority and female organizations when
                       employment opportunities were available and should have maintained records of
                       the organization's response.

               b.      The Contractor should have maintained a file of the names and addresses of each
                       minority and female referred to it by any individual or organization and what
                       action was taken with respect to each such referred individual, and if the
                       individual was not employed by the Contractor, the reasons. If such individual
                       was sent to the union hiring hall for referral and not referred back by the union or
                       if referred, not employed by the Contractor, the file should have documented this
                       and their reasons.

               c.      The Contractor should have promptly notified the Department of Public Works,
                       and the Division of Small Business Opportunity when the union or unions with
                       which the Contractor has collective bargaining agreements did not refer to the
                       contractor a minority or female sent by the contractor, or when the Contractor
                       has other information that the union referral process has impeded efforts to meet
                       its goals.

               d.      The Contractor should have disseminated its EEO policy within its organization
                       by including it in any employee handbook or policy manual; by publicizing it in
                       company newspapers and annual reports and by advertising such policy at
                       reasonable intervals in union publications. The EEO policy should be further
                       disseminated by conducting staff meetings to explain and discuss the policy; by
                       posting of the policy; and by review of the policy with minority and female
                       employees.

               e.      The Contractor should have disseminated its EEO policy externally by informing
                       and discussing it with all recruitment sources; by advertising in news media,
                       specifically including minority and female news media; and by notifying and
                       discussing it with all subcontractors.

               f.      The Contractor should have made both specific and reasonably recurrent written
                       and oral recruitment efforts. Such efforts should have been directed at minority
                       and female organizations, schools with substantial minority and female
                       enrollment, and minority and female recruitment and training organizations
                       within the Contractor's recruitment area.

               g.      The Contractor should have evidence available for inspection that all tests and
                       other selection techniques used to select from among candidates for hire, transfer,
                       promotion, training, or retention are being used in a manner that does not violate
                       the OFCCP Testing Guidelines in 41 CFR Part 60-3.

               h.      The Contractor should have made sure that seniority practices and job
                       classifications do not have a discriminatory effect.

               i.      The Contractor should have made certain that all facilities are not segregated by
                       race.




Contract No. OC73086                              Attachment D                                July 23, 2008
On-Call Large Scope                               Page 9 of 11
                j.      The Contractor should have continually monitored all personnel activities to
                        ensure that its EEO policy was being carried out including the evaluation of
                        minority and female employees for promotional opportunities on a quarterly
                        basis and the encouragement of such employees to seek those opportunities.

                k.      The Contractor should have solicited bids for subcontracts from available
                        minority and female subcontractors engaged in the trades covered by these Bid
                        Conditions, including circulation of minority and female contractor associations.

NOTE:           The Director and the Division of Small Business Opportunity will provide technical
                assistance on questions pertaining to minority and female recruitment sources, minority
                and female community organizations, and minority and female news media upon receipt
                of a request for assistance from a contractor.

        3.      NON - DISCRIMINATION:
                In no event may a contractor utilize the goals and affirmative action steps required in
                such a manner as to cause or result in discrimination against any person on account of
                race, color, religion, sex, marital status, national origin, age, mental or physical handicap,
                political opinion or affiliation.

        4.      COMPLIANCE AND ENFORCEMENT:
                In all cases, the compliance of a contractor will be determined in accordance with its
                obligations under the terms of these Bid Conditions. All contractors performing or to
                perform work on projects subject to these Bid Conditions hereby agree to inform their
                subcontractors in writing of their respective obligations under the terms and requirements
                of these Bid Conditions, including the provisions relating to goals of minority and female
                employment and training.

B.      CONTRACTORS SUBJECT TO THESE BID CONDITIONS:
        In regard to these Bid Conditions, if the Contractor meets the goals set forth therein or can
        demonstrate that it has made every good faith effort to meet these goals, the Contractor shall be
        presumed to be in compliance with Article III, Division 2 of Chapter 28 of the Revised Municipal
        Code, the implementing regulations and its obligations under these Bid Conditions. In the event,
        no formal sanctions or proceedings leading toward sanctions shall be instituted unless the
        contracting or administering agency otherwise determines that the contractor is violating the
        Equal Opportunity Clause.

        1.      Where the Office of Contract Compliance finds that a contractor failed to comply with
                the requirements of Article III, Division 2 of Chapter 28 of the Revised Municipal Code
                or the implementing regulations and the obligations under these Bid Conditions, and so
                informs the Manager, the Manager shall take such action and impose such sanctions,
                which include suspension, termination, cancellation, and debarment, as may be
                appropriate under the Ordinance and its regulations. When the Manager proceeds with
                such formal action it has the burden of proving that the Contractor has not met the goals
                contained in these Bid Conditions. The Contractor's failure to meet its goals shall shift to
                it the requirement to come forward with evidence to show that it has met the good faith
                requirements of these Bid Conditions.

        2.      The pendency of such proceedings shall be taken into consideration by the Department of
                Public Works in determining whether such contractor can comply with the requirements
                of Article III, Division 2 of Chapter 28 of the Revised Municipal Code, and is therefore a
                "responsible prospective contractor".



Contract No. OC73086                                Attachment D                                 July 23, 2008
On-Call Large Scope                                 Page 10 of 11
       3.      The Division of Small Business Opportunity shall review the Contractor's employment
               practices during the performance of the contract. If the Division of Small Business
               Opportunity determines that the Contractor's Affirmative Action Plan is no longer an
               acceptable program, the Director shall notify the Manager.

C.     OBLIGATIONS APPLICABLE TO CONTRACTORS:
       It shall be no excuse that the union with which the Contractor has a collective bargaining
       agreement providing for exclusive referral failed to refer minority or female employees.
       Discrimination in referral for employment, even if pursuant to provisions of a collective
       bargaining agreement, is prohibited by the National Labor Relations Act, as amended, Title VI of
       the Civil Rights Act of 1964, as amended, and Article III, Division 2 of Chapter 28 of the Revised
       Municipal Code. It is the policy of the Department of Public Works that contractors have a
       responsibility to provide equal employment opportunity, if they wish to participate in City and
       County of Denver contracts. To the extent they have delegated the responsibility for some of
       their employment practices to a labor organization and, as a result, are prevented from meeting
       their obligations pursuant to Article III, Division 2, Chapter 28 of the Revised Municipal Code,
       such Contractors cannot be considered to be in compliance with Article III, Division 2, Chapter
       28 of the Revised Municipal Code, or its implementing rules and regulations.

D.     GENERAL REQUIREMENTS:
       Contractors are responsible for informing their subcontractors in writing regardless of tier, as to
       their respective obligations. Whenever a Contractor subcontracts a portion of work in any trade
       covered by these Bid Conditions, it shall include these Bid Conditions in such subcontracts
       and each subcontractor shall be bound by these Bid Conditions to the full extent as if it
       were the prime contractor. The Contractor shall not, however, be held accountable for the
       failure of its subcontractors to fulfill their obligations under these Bid Conditions. However, the
       prime contractor shall give notice to the Director of any refusal or failure of any subcontractor to
       fulfill the obligations under these Bid Conditions. A subcontractor's failure to comply will be
       treated in the same manner as such failure by a prime contractor.

       1.      Contractors hereby agree to refrain from entering into any contract or contract
               modification subject to Article III, Division 2, Chapter 28 of the Revised Municipal Code
               with a contractor debarred from, or who is determined not to be a "responsive" bidder for
               the City and County of Denver contracts pursuant to the Ordinance.

       2.      The Contractor shall carry out such sanctions and penalties for violation of these Bid
               Conditions and the Equal Opportunity Clause including suspension, termination and
               cancellation of existing subcontracts and debarment from future contracts as may be
               ordered by the Manager pursuant to Article III, Division 2, Chapter 28 of the Revised
               Municipal Code and its implementing regulations.

       3.      Nothing herein is intended to relieve any contractor during the term of its contract from
               compliance with Article III, Division 2, Chapter 28 of the Revised Municipal Code, and
               the Equal Opportunity Clause of its contract with respect to matters not covered in these
               Bid Conditions.

       4.      Contractors must keep such records and file such reports relating to the provisions of
               these Bid Conditions as shall be required by the Office of Contract Compliance.

       5.      Requests for exemptions from these Bid Conditions must be made in writing, with
               justification, to the Manager of Public Works, 201 W. Colfax, Dept. 608, Denver,
               Colorado 80202, and shall be forwarded through and with the endorsement of the
               Director.


Contract No. OC73086                              Attachment D                                July 23, 2008
On-Call Large Scope                               Page 11 of 11
                                                         Attachment E




                                             TO REQUEST FOR PROPOSALS


                                     CITY AND COUNTY OF DENVER
                                 DEPARTMENT OF GENERAL SERVICES
                               FACILITIES PLANNING AND MANAGEMENT


                      Facility Remodeling & Renovation
                       On Call Construction Services
                          (Medium Scope Projects)

List of Proposed Minority/Woman Business Enterprise(s) .................................................. 4 Pages

Commitment to Minority/Woman Business Enterprise Participation ....................................1 Page

Minority/Woman Business Enterprise Letter(s) of Intent ......................................................1 Page

Joint Venture Affidavit ...........................................................................................................1 Page

Joint Venture Eligibility Form .............................................................................................. 2 Pages




Contract No. OC83026                                                 Attachment E                                              July 30, 2008
On-Call Medium Scope                                                 Page 1 of 10
                                                                              Office of Economic Development
                                                                     Division of Small Business Opportunity
                                                                                             Compliance Unit
                                                                              201 West Colfax Avenue, Dept.
 907
                                                                                           Denver,         CO
 80202
                                                                                               Phone:
                                                 720.913.1999
             List of Proposed Minority/Woman Business Enterprise       Fax: 720.913.1803
             Proposers, Subcontractors, Suppliers (Manufacturers) or Brokers
                       City and County of Denver Contract No.:
 The undersigned Proposer proposes to utilize the following Minority or Woman Business Enterprise
 (MBE/WBE) for the project. All listed firms are CURRENTLY certified by the City and County of Denver.
 Only the level of MBE or WBE participation listed at the bid opening will count toward satisfaction of the
 project goal. Only bona fide commissions may be counted for Brokers. MBE or WBE prime Proposers
 must detail their bid information below. Please copy and attach this page to list additional MBEs or WBEs
 for this project.

                                            Prime Proposer
 Business Name:

 Address:                                                   Contact Person:

 Type of Service:                                           Dollar Amount: $:      Percent of Project:

                                    MBE or WBE Prime Proposer
 Business Name:

 Address:                                                   Contact Person:

 Type of Service:                                           Dollar Amount: $:      Percent of Project:

                Subcontractors, Suppliers Manufacturers or Brokers (check one box)
       Subcontractor (√)          Supplier (√)              Manufacturer (√)           Broker (√)
 Business Name:

 Address:                                                   Type of Service:

 Contact Person:                                            Dollar Amount: $:      Percent of Project:

       Subcontractor (√)          Supplier (√)              Manufacturer (√)           Broker (√)
 Business Name:

 Address:                                                   Type of Service:

 Contact Person:                                            Dollar Amount: $:      Percent of Project:

       Subcontractor (√)          Supplier (√)              Manufacturer (√)           Broker (√)
 Business Name:

 Address:                                                   Type of Service:

 Contact Person:                                            Dollar Amount: $:      Percent of Project:


Contract No. OC83026                                  Attachment E                                   July 30, 2008
On-Call Medium Scope                                  Page 2 of 10
               Subcontractors, Suppliers Manufacturers or Brokers (check one box)
     Subcontractor (√)         Supplier (√)          Manufacturer (√)                     Broker (√)
 Business Name:

 Address:                                            Type of Service:

 Contact Person:                                     Dollar Amount: $:               Percent of Project:

     Subcontractor (√)         Supplier (√)          Manufacturer (√)                     Broker (√)
 Business Name:

 Address:                                            Type of Service:

 Contact Person:                                     Dollar Amount: $:               Percent of Project:

     Subcontractor (√)         Supplier (√)          Manufacturer (√)                     Broker (√)
 Business Name:

 Address:                                            Type of Service:

 Contact Person:                                     Dollar Amount: $:               Percent of Project:

     Subcontractor (√)         Supplier (√)          Manufacturer (√)                     Broker (√)
 Business Name:

 Address:                                            Type of Service:

 Contact Person:                                     Dollar Amount: $:               Percent of Project:

     Subcontractor (√)         Supplier (√)          Manufacturer (√)                     Broker (√)
 Business Name:

 Address:                                            Type of Service:

 Contact Person:                                     Dollar Amount: $:               Percent of Project:

     Subcontractor (√)         Supplier (√)          Manufacturer (√)                     Broker (√)
 Business Name:

 Address:                                            Type of Service:

 Contact Person:                                     Dollar Amount: $:               Percent of Project:

     Subcontractor (√)         Supplier (√)          Manufacturer (√)                     Broker (√)
 Business Name:

 Address:                                            Type of Service:

 Contact Person:                                     Dollar Amount: $:               Percent of Project:
                                                              Bid Form & Submittal Package, Participation Page 1/07-dm




Contract No. OC83026                           Attachment E                                               July 30, 2008
On-Call Medium Scope                           Page 3 of 10
The undersigned Proposer hereby certifies that the aforementioned subcontractors and suppliers have full knowledge
that their names have been offered as subcontractors and suppliers for the work, and the Proposer further certifies that
the dollar amount of work to be performed by the aforementioned M/WBE(s) was furnished to the Proposer prior to
the submittal of its final project specific proposal. The undersigned Proposer agrees that it must submit to the City an
executed and completed W/MBE “Letter of Intent” with its proposal on each of its M/WBE subcontractors. The
“Letter of Intent” form is contained in the Contract Documents.

The undersigned Proposer acknowledges the right of the City to reject any or all proposals submitted, to waive
informalities in proposals and to re-advertise this Project for bids or proposals.

The undersigned certifies that it has carefully checked all works and figures and all statements made in its proposal.

This proposal is submitted upon the declaration that neither, I (we), nor, to the best of my (our) knowledge, none of the
members of my (our) firm or company have either directly or indirectly entered into any agreement, participated in any
collusion or otherwise taken any action in restraint of free competitive bidding in connection with this bid.

Business Address of Proposer:

City, State, Zip Code:

Telephone Number of Proposer:                                               Fax No.

Social Security or Federal Employer ID Number of Proposer:

Name and location of the last work of this kind herein contemplated upon which the Proposer was engaged:


For information relative thereto, please refer to:

Name:

Title:

Address:

The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract
Documents:

                         Addenda Number                       Date

                         Addenda Number                       Date

                         Addenda Number                       Date


Dated this                     day of                            , 20__ .




Contract No. OC83026                                         Attachment E                                         July 30, 2008
On-Call Medium Scope                                         Page 4 of 10
Signature of Proposer:

        If an Individual:                                                                             doing business

                                            as                                                                           .

        If a Partnership:

                                            by:                                                       General Partner.

        If a Corporation:

                                            a                                                           Corporation,

                                            by:                                                       , its President.



        Attest:


        Secretary                           (Corporate Seal)


If a Joint Venture, signature of all Joint Venture participants.

        Firm:

        Corporation ( ), Partnership ( ) or ( ) Limited Liability Company

        By:                                                              (If a Corporation)
                                                                         Attest:
        Title:
                                                                         Secretary                   (Corporate Seal)

        Firm:

        Corporation ( ), Partnership ( ) or ( ) Limited Liability Company

        By:                                                              (If a Corporation)
                                                                         Attest:
        Title:
                                                                         Secretary                   (Corporate Seal)

        Firm:

        Corporation ( ), Partnership ( ) or ( ) Limited Liability Company

        By:                                                              (If a Corporation)
                                                                         Attest:
        Title:
                                                                         Secretary                   (Corporate Seal)
                                                                                Rev. MBE/WBE Commitment Page/Bid Doc. 1/07-dm




Contract No. OC83026                                      Attachment E                                           July 30, 2008
On-Call Medium Scope                                      Page 5 of 10
                                                                                         Office of Economic Development
                                                                                Division of Small Business Opportunity
                                                                                                        Compliance Unit
                                         Commitment to                                          Colfax Avenue, Dept. 907
                              Minority and Women Business Enterprise                                 Denver, CO 80202
                                           Participation                                           Phone: 720-913-1999
                                                                                                    Fax : 720-913-1803

The undersigned has satisfied the MBE and/or WBE participant requirements in the following
manner (Please check the appropriate box):


    The Proposer is committed to a minimum of               % MBE and/or WBE utilization on the project, and will

    submit Letters of Intent for each MBE or WBE listed in the Bid Forms, within three (3) working days after

     the bid opening.


    The Proposer is unable to meet the project goal of            % MBE/WBE, but is committed to a minimum

   of         % MBE/WBE utilization on the project.         The Proposer understands that they must submit a
detailed

     statement of their good faith efforts,which occurred prior to the bid opening, to meet the project goal, and

     must submit Letters of Intent for each MBE or WBE listed in the Bid Forms, within three (3) working days

     after the bid opening.

Proposer (Name of Firm):

Firm’s Representative (Please print):

Signature (Firm’s Representative):

Title:

Address:

City:                                                                State:              Zip:

Phone:                                                        Fax:




Contract No. OC83026                                     Attachment E                                     July 30, 2008
On-Call Medium Scope                                     Page 6 of 10
                                                                                        Office of Economic Development
                                                                               Division of Small Business Opportunity
                                                                                                       Compliance Unit
                                                                                     201 West Colfax Avenue, Dept. 907
                                      MBE/WBE LETTER OF                   INTENT                    Denver, CO 80202
                                                                                                 Phone: 720-913-1999
                                                                                                    Fax: 720.913-1803

 Project No.:                               Project Name:

                        A. The Following Section Is To Be Completed by the Proposer

 Name of Proposer:                                                                                      Phone:

 Contact Person:                                                                                        Fax:

 Address:                                                       City                                    State:           Zip:

                        B. The Following Section is To Be Completed by the MBE/WBE,
                        at Any Tier and Must be Signed by the MBE/WBE and Proposer
 Name of Proposer:                                                                                      Phone:

 Contact Person:                                                                                        Fax:

 Address:                                                       City                                    State:           Zip:

                   A Copy of the MBE/WBE Letter of Certification must be Attached
 Identify the scope of the work to be performed or supply item that will be provided by the MBE/WBE.
 On unit price bids only, identify which bid line items this MBE/WBEs scope of work or supply
 corresponds to:
 ______________________________________________________________________________________

 ______________________________________________________________________________________

 ______________________________________________________________________________________

 ______________________________________________________________________________________

                              Subcontractor                         Supplier                             Broker

 Proposer intends to utilize the aforementioned MBE/WBE for the Work/Supply Described above. The cost of
 the work and percentage of the total subcontractor MBE/WBE bid/quote amount is $ _________________
 = ____________ %.

 If this MBE/WBE is not a direct first tier subcontractor, supplier or broker to the Proposer, please indicate the
 name of the subcontractor or supplier that will be utilizing the participation of this MBE/WBE:
 Proposer’s Signature:                                                                               Date:
 Title:
 MBE/WBE Firm; Signature:                                                                            Date:
 Title:
 If the above name Proposer is not determined to be the successful Proposer, the Letter of Intent shall be null and void.
                                                                              Rev. Letter of Intent-Bid Document Insert 10/06-dm




Contract No. OC83026                                       Attachment E                                               July 30, 2008
On-Call Medium Scope                                       Page 7 of 10
                                                                                                  Office of Economic Development
                                                                                         Division of Small Business Opportunity
                                                                                                                 Compliance Unit
                                                                                               201 West Colfax Avenue, Dept. 907
                                                     Joint Venture Affidavit                                 Denver, CO 80202
                                                                                                           Phone: 720-913-1999
                                                                                                            Fax : 720-913-1803

“The Undersigned swears 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:                                                                      Title

Signature:                                                                                         Date:

                                                     Notary Public
County of:                                        State of:                      My Commission Expires:
Subscribed and sworn before me this

                    day of                                       , 20

                                                                                                       Notary Seal
Notary Signature:

Address:

Name of Firm:

Print Name:                                                                      Title

Signature:                                                                                         Date:

                                                     Notary Public
County of:                                        State of:                      My Commission Expires:
Subscribed and sworn before me this
                    day of                                       , 20

                                                                                                       Notary Seal
Notary Signature:

Address:

Name of Firm:

Print Name:                                                                      Title
                                                                                                   Date:
Signature:

                                                     Notary Public
County of:                                        State of:                      My Commission Expires:
Subscribed and sworn before me this

                    day of                                       , 20
                                                                                                       Notary Seal

Notary Signature:

Address:
                                                                                                  Rev. Joint Venture Affidavit
                                                                                                                    10/06-dm

Contract No. OC83026                                          Attachment E                                           July 30, 2008
On-Call Medium Scope                                          Page 8 of 10
                                                                                   Office of Economic Development
                                                                             Division of Small Business Opportunity
                                                                                    201 West Colfax Ave. Dept. 907
                        JOINT VENTURE ELIGIBILITY FORM                                          Denver, CO 80202
                                                                                             Phone: (720) 913-1999
                                                                                               Fax: (720) 913-1803
 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 or City
 construction contract for which purpose they combine their property, capital, efforts, skills and knowledge,
 and in which endeavor 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 joint venture are equal to the ownership interest. Joint
 ventures must have an agreement in writing specifying the terms and conditions of the relationships between
 the joint ventures and their relationship and responsibility to the contract. D.R.M.C.28-54 (29).
 JOINT VENTURE INFORMATION:
 Name:

 Address:

 City:                             State:              Zip:               Phone


 Identify the firms which comprise the Joint Venture:
 Name:                                                  Address:

 Name:                                                  Address:

 Name:                                                  Address:


 Briefly describe the experience and business qualifications of each non-MBE or WBE Joint Venturer.
 (attach additional information if necessary)




 GENERAL INFORMATION:
 1. Name of Joint Venture’s Business:
 2. Provide a copy of the signed Joint Venture Agreement.
 3. What is claimed percentage of MBE or WBE ownership?                     %
 4. Ownership of Joint Venture: (This need not be filled in if described in the joint venture agreement,
 provided in question 2)

    (a) Profit and loss sharing:


    (b) Capital contributions, including equipment:



    (c) Other applicable ownership interests:



    (d) Duration of the Joint Venture:      From:________________ To:_________________




Contract No. OC83026                                  Attachment E                                    July 30, 2008
On-Call Medium Scope                                  Page 9 of 10
                                 JOINT VENTURE ELIGIBILITY FORM
 GENERAL INFORMATION

 Control of and participation in this contract.

 5. Identify which firm and those individuals (and their titles) who are responsible for the day-today
          management and
    policy decision making, including but not limited to those with prime responsibility for:

   (a) Financial Decisions:
    Firm:

    Name:                                                             Title
   (b) Management Decisions:

       (1) Marketing and Sales:

    Firm:

    Name:                                                             Title
       (2) Marketing and Sales:

    Firm:

    Name:                                                             Title
       (3) Hiring and firing of management personnel:

    Firm:

    Name:                                                             Title
       (4) Purchasing of major items or supplier:

    Firm:

    Name:                                                             Title


 Note:
 (1) An MBE or WBE performs a commercially useful function when it is responsible for execution of a distinct
 element of the work of the contract and carrying out its responsibilities by actually performing, managing, and
 supervising the work involved. To determine whether an MBE or WBE is performing a commercially useful
 function, the amount of work subcontracted, industry practices, and other relevant factors shall be evaluated.
 (2) An MBE or WBE does not perform a commercially useful function if its role is limited to that of an extra
 participant in a transaction, contract, or project through which funds are passed in order to obtain the
 appearance of MBE or WBE participation or the MBE or WBE subcontracts a greater portion of the work of a
 contract than would be expected on the basis of normal industry practice for the type of work involved.

 (3) A joint venture which includes one (1) or more MBEs or WBEs is subject to the review and approval by
 the Director of the Division of Small Business Opportunity (DSBO) and the participation will count toward
 satisfaction of the MBE/WBE goal upon confirmation of the utilization in the joint venture of joint management
 and full integration of work forces by the joint venture partners.

 If there are any significant changes in this submittal, the joint venture members must immediately notify the
 Division of Small Business Opportunity.
                                                                       Rev. MBE/WBE Joint Venture Eligibility form 1/07-dm




Contract No. OC83026                                   Attachment E                                             July 30, 2008
On-Call Medium Scope                                  Page 10 of 10
                                             Attachment F

                         SAMPLE ON-CALL CONSTRUCTION CONTRACT

Note: This draft agreement is a sample agreement provided for informational purposes only. The City
and County of Denver reserves the right to make changes of any kind to this sample agreement.


                               CITY AND COUNTY OF DENVER
                            DEPARTMENT OF GENERAL SERVICES
                          FACILITIES PLANNING AND MANAGEMENT

                              On-Call Construction Services Number 15

                                      CONTRACT NO. OC83026

                                  Facility Remodeling & Renovation
                                    On-Call Construction Services
                                       (Medium Scope Projects)


                                              CONTRACT


THIS CONTRACT AND AGREEMENT, made and entered into this                                          day of
                                , 200 , by and 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
«Contractor», hereinafter referred to as the "Contractor," party of the second part,


WITNESSETH, Commencing on «Issue_Date», and for at least three (3) days the City advertised a
solicitation for proposals from qualified general contractors to perform services for furnishing all labor,
tools, supplies, equipment, materials, and everything necessary and required for the following:


                                   CONTRACT NO. «Contract_No»

                                            «Project_Name»


WHEREAS, proposals pursuant to said advertisement have been reviewed, evaluated and ranked by a
selection committee and a recommendation was made to the Manager of Public Works, who has
recommended that a Contract for said work be made and entered into with the above named Contractor,
and

WHEREAS, said Contractor is now willing, able and has the present capacity to perform all of said work
in accordance with this Construction Contract, said advertisement and the referenced selection
documents.

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



Contract No. OC83026                                  Attachment F                             July 30, 2008
On-Call Medium Scope                                 Page 1 of 35
1.      CONTRACT DOCUMENTS
        It is agreed by the parties hereto that the following list of documents, instruments, technical
        specifications, plans, drawings and other materials which are attached hereto and bound herewith,
        incorporated herein by reference or otherwise referenced in these documents constitute and shall
        be referred to either as the “Contract Documents” or the “Contract,” and all of said documents,
        instruments, technical specifications, Plans, Drawings and other materials taken together as a
        whole constitute the Contract between the parties hereto, and they are as fully a part of this
        agreement as if they were set out verbatim and in full herein:

                Notice of Availability of Requests for Proposals
                Requests for Proposals
                Commitment to M/WBE Participation
                Article III, Divisions 1, 2, and 3 of Chapter 28, D.R.M.C.
                Addenda (as applicable)
                Equal Employment Opportunity Provisions (Appendix A and Appendix F)
                Contract Form
                General Contract Conditions (Index)
                Special Contract Conditions
                Performance and Payment Bond
                Certificate of Insurance
                Notice to Apparent Successful Proposer
                Notice to Proceed
                Contractor’s Certification of Payment Form
                Final/Partial Lien Release Form
                Final Receipt
                Change Orders (as applicable)
                Federal Requirements (as applicable)
                Prevailing Wage Rate Schedule(s)
                Technical Specifications
                Contract Drawings
                Scope of Work
                Accepted Shop Drawings

2.      SCOPE OF WORK
        The Contractor agrees to price all Work described in any Proposal Pricing Request issued
        hereunder, in accordance with the prices for covered items and terms and conditions contained
        herein and further agrees to and shall furnish all labor, tools, supplies, equipment, materials and
        everything necessary for and required to perform and complete all of the Work described in any
        Work Order issued by the City in accordance with the terms and conditions set forth herein.

3.      TERMS OF PERFORMANCE
        For any proposal Pricing Request submitted to the Contractor by the City for pricing, the
        Contractor agrees to review and, in good faith, submit comprehensive prices for each such
        Request within fourteen (14) consecutive calendar days of the issuance of such Request. In the
        event the City elects, at its sole discretion, to issue a Work Order pursuant to such a Request, the
        Contractor agrees to undertake the performance of all work described or referenced in the Pricing
        Request and Work Order and all other work necessary to complete the project in accordance with
        all plans and specifications within ten (10) consecutive calendar days of the issuance of a Notice
        to Proceed for the referenced Work Order. The Contractor agrees to satisfactorily perform and
        complete all Work or effort required to complete the scope of work or project described in 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



Contract No. OC83026                                  Attachment F                              July 30, 2008
On-Call Medium Scope                                  Page 2 of 35
        provision of the General Contract Conditions and Special Contract Conditions incorporated
        herein.

4.      TERMS OF PAYMENT
        The City agrees to pay the Contractor for the performance of all of the Work required under each
        authorized Work Order, in accordance with the provisions of the General Contract Conditions and
        any applicable Special Contract 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.

5.      NO DISCRIMINATION IN EMPLOYMENT
        In connection with the performance of the Work under this Contract, the 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 Contractor further agrees to insert the foregoing provision in all subcontracts hereunder.

6.      COMPLIANCE WITH M/WBE REQUIREMENT
        This Contract is subject to all applicable provisions of Divisions 1and 3 of Article III, of Chapter
        28, Denver Revised Municipal Code (D.R.M.C.), designated as Sections 28-31 – 29-36 and 28-52
        – 28-90 D.R.M.C. and referred to in this Contract as the “M/WBE Ordinance”. Without limiting
        the general applicability of the foregoing, the Contractor acknowledges its continuing duty,
        pursuant to Sections 28-72, 28-73 and 28-75 of the D.R.M.C., to maintain throughout the
        duration of this Contract, compliance with the level of minority and Woman business enterprise
        participation, upon which the City approved the award of this Contract to the Contractor and the
        Contractor further acknowledges that failure to maintain such participation commitments or
        otherwise comply with the requirements of the M/WBE Ordinance shall subject the Contractor to
        sanctions in accordance with Section 28-77 of the D.R.M.C. Nothing contained in this provision
        or in the M/WBE Ordinance shall negate the City's right to prior approval of subcontractors, or
        substitutes therefore, under this Contract

7.      WAGE RATE REQUIREMENTS
        In performance of all Work hereunder, the 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, D.R.M.C. and any determinations made by the City pursuant thereto.

8.      APPLICABILITY OF LAWS
        The Agreement between the 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 by or in accordance with the laws of the State of Colorado and the
        Charter, Revised Municipal Code, Rules, Regulations, Executive Orders and fiscal rules of the
        City. As such, the 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 State of Colorado and Federal Laws, Rules and Regulations, which in any manner limit,
        control or apply to the actions or operations of the 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 and
        County of Denver, as the same may be amended from time to time, are hereby expressly
        incorporated into this Agreement as if fully set out herein by this reference.

9.      APPROPRIATION
        The amount of money, which has been appropriated and encumbered for the purpose of this
        contract, to date, is equal to or in excess of the Contract Amount. The Manager, upon reasonable

Contract No. OC83026                                   Attachment F                                July 30, 2008
On-Call Medium Scope                                   Page 3 of 35
        written request, will advise the Contractor in writing of the total amount of appropriated and
        encumbered funds, which remain available for payment for all Work under the Contract.

        The issuance of any change order or other form or order or directive by the City which would
        cause the aggregate payable under the contract to exceed the amount appropriated for the contract
        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 available under the Contract to
        exceed the amount appropriated and encumbered for this Contract, unless and until such time as
        the Contractor has been advised in writing by the Manager that a lawful appropriation, sufficient
        to cover the entire cost of such additional work, has been made.

        It shall be the responsibility of the Contractor to verify that the amounts already appropriated for
        this Contract 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 contract, without the proper authorization for such work, and at the Contractor's own
        risk.

10.     APPROVALS
        In the event this Contract calls for the payment by the City of five hundred thousand dollars
        ($500,000.00) or more, approval by the Board of Councilmen of the City and County of Denver,
        acting by ordinance, in accordance with Section 3.2.6 of the Charter of the City and County of
        Denver, is and shall be an express condition precedent to the lawful and binding execution and
        effect and performance of this contract.

11.     ASSIGNMENT
        The Contractor shall not assign any of its rights, benefits, obligations or duties under this Contract
        except upon the prior written consent and approval of the Manager to such assignment.

12.     DISPUTES RESOLUTION PROCESS
        It is the express intention of the parties to this Contract that all disputes of any nature whatsoever
        regarding the Contract including, but not limited to, any claims for compensation or damages
        arising out of breach or default under this Contract, shall be resolved by administrative hearing
        pursuant to the provisions of Section 56-106, D.R.M.C., or, as applicable, Section 28-33
        D.R.M.C. for Minority and Woman Business Enterprise disputes. The Contractor expressly
        agrees that this dispute resolution process is the only dispute resolution mechanism that will be
        recognized by the parties for any claims put forward by the Contractor, notwithstanding any other
        claimed theory of entitlement on the part of the Contractor or its subcontractors or suppliers.

13.     CONTRACT BINDING
        It is agreed that this Contract shall be binding on and inure to the benefit of the parties hereto,
        their heirs, executors, administrators, assigns and successors.

14.     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.

15.     SEVERABILITY
        It is understood and agreed by the parties hereto that, if any part, term, or provision of this
        Contract, except for the provisions of this Contract requiring 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 Contract did
        not contain the particular part, term or provision held to be invalid.

Contract No. OC83026                                   Attachment F                               July 30, 2008
On-Call Medium Scope                                   Page 4 of 35
16.     MAXIMUM AMOUNT AND TERM
        Each Project will be assigned and authorized separately by Work Order and the maximum
        liability of the City for any one Project shall not exceed the sum of Two Hundred Fifty
        Thousand Dollars ($250,000.00), including all authorized Work Order changes. The maximum
        amount to be paid by the City to the Contractor for satisfactory completion of all Work Orders
        authorized by the City and performed by the Contractor under this Contract shall in no event
        exceed the sum of TWO MILLION FIVE HUNDRED THOUSAND DOLLARS AND NO
        CENTS ($2,500,000.00), unless this Contract is modified to increase said amount by a duly
        authorized, written contract amendment mutually agreeable to and executed by the parties hereto.

17.     TERM
        The term of this agreement shall be THREE (3) years from the date of execution of this Contract,
        unless extended by mutually agreeable contract amendment initiated at the sole discretion of the
        City.




Contract No. OC83026                                Attachment F                             July 30, 2008
On-Call Medium Scope                                Page 5 of 35
IN WITNESS WHEREOF, the parties have caused these presents to be signed personally or by their duly
authorized officers or agents and their seals affixed and duly attested the day and year first above written.

                                                          CITY AND COUNTY OF DENVER
ATTEST:
Stephanie Y. O’Malley, Clerk and Recorder,
Ex-Officio Clerk of the City and County of
Denver
                                                          John W. Hickenlooper
By:                                                       MAYOR

REGISTERED AND COUNTERSIGNED:
                                                          RECOMMENDED AND APPROVED:
____________________________________
Manager of Finance
Contract Control Number: OC83026
                                                          Kevin Patterson
Dennis Gallagher, Auditor of the City and                 MANAGER OF GENERAL SERVICES
County of Denver
                                                          PARTY OF THE FIRST PART

____________________________________


APPROVED AS TO FORM:                                      Contractor:
David R. Fine, Attorney for the City and
County                                                    IRS Number:
of Denver
                                                          By:
By:
Assistant City Attorney                                   Title:


                                                          PARTY OF THE SECOND PART




ATTEST:
                Secretary




Contract No. OC83026                                   Attachment F                              July 30, 2008
On-Call Medium Scope                                  Page 6 of 35
                                   CITY AND COUNTY OF DENVER
                                DEPARTMENT OF GENERAL SERVICES
                                             Facilities Planning and Management

                                               General Contract Conditions
                                                                     INDEX

TITLE 1
DEFINITIONS ............................................................................................................................... 1
   101 CITY................................................................................................................................ 1
   102 CONTRACT.................................................................................................................... 1
   103 CONTRACT AMOUNT ................................................................................................. 1
   104 CONTRACT DOCUMENTS.......................................................................................... 1
   105 CONTRACT TIME......................................................................................................... 2
   106 CONTRACTOR .............................................................................................................. 2
   107 CONTRACTOR PERSONNEL ...................................................................................... 3
   108 DAYS .............................................................................................................................. 3
   109 DEPUTY MANAGER .................................................................................................... 3
   110 DESIGNER ..................................................................................................................... 3
   111 FINAL COMPLETION................................................................................................... 4
   112 MANAGER ..................................................................................................................... 4
   113 PRODUCT DATA .......................................................................................................... 5
   114 PROJECT ........................................................................................................................ 5
   115 PROJECT MANAGER ................................................................................................... 5
   116 SAMPLES ....................................................................................................................... 5
   117 SHOP DRAWINGS ........................................................................................................ 5
   118 SUBCONTRACTOR ...................................................................................................... 6
   119 SUBSTANTIAL COMPLETION ................................................................................... 6
   120 SUPPLIER....................................................................................................................... 6
   121 WORK ............................................................................................................................. 7

TITLE 2
CITY ADMINISTRATIVE ORGANIZATIONS; LINE OF AUTHORITY ........................... 9
   201 DEPARTMENT OF AVIATION.................................................................................... 9
   202 MANAGER OF AVIATION .......................................................................................... 9
   203 DEPARTMENT OF PUBLIC WORKS........................................................................ 10
   204 MANAGER OF PUBLIC WORKS .............................................................................. 10
   205 BUILDING INSPECTION DIVISION ......................................................................... 10
   206 TRANSPORTATION DIVISION................................................................................. 10
   207 DESIGN AND CONSTRUCTION MANAGEMENT DIVISION............................... 11
   208 WASTEWATER MANAGEMENT DIVISION........................................................... 11
   209 ZONING ADMINISTRATION .................................................................................... 11
   211 CITY AUDITOR........................................................................................................... 12
   212 CITY ATTORNEY ....................................................................................................... 13
   213 OFFICE OF RISK MANAGEMENT ........................................................................... 13
   214 CITY’S CONTRACT ADMINISTRATION LINE OF AUTHORITY........................ 14
   215 CITY’S COMMUNICATIONS WITH THE CONTRACTOR .................................... 14




Contract No. OC83026                                                      Attachment F                                                  July 30, 2008
On-Call Medium Scope                                                      Page 7of 35
TITLE 3
CONTRACTOR PERFORMANCE AND SERVICES.............................................................17
   301 CONSIDERATION (CONTRACTOR’S PROMISE OF PERFORMANCE)...............17
   302 NOTICE TO PROCEED AND COMPLETION OF THE WORK................................18
   303 EXACT CONTRACTOR PERFORMANCE ................................................................18
   304 SUBSTITUTED PERFORMANCE...............................................................................18
   305 WORK PERFORMED UNDER ADVERSE WEATHER CONDITIONS ...................19
   306 WORKING HOURS AND SCHEDULE.......................................................................19
   307 CONTRACTOR’S SUPERINTENDENT......................................................................22
   308 COMMUNICATIONS ...................................................................................................23
   309 CONTRACTOR SUBMITTALS
        AND OTHER WRITTEN COMMUNICATIONS TO THE CITY ...............................23
   310 COMPETENCE OF CONTRACTOR’S WORK FORCE.............................................24
   311 CONDUCT OF CONTRACTOR’S PERSONNEL .......................................................24
   312 SUGGESTIONS TO CONTRACTOR...........................................................................25
   313 WORK FORCE ..............................................................................................................26
   314 CONSTRUCTION MACHINES AND STANDBY EQUIPMENT ..............................26
   315 CUTTING AND PATCHING THE WORK ..................................................................27
   316 PERMITS AND LICENSES ..........................................................................................28
   317 CONSTRUCTION SURVEYS ......................................................................................29
   318 PRESERVATION OF PERMANENT LAND
        SURVEY CONTROL MARKERS ................................................................................30
   319 TRADEMARKS, COPYRIGHTS AND PATENTED DEVICES,
        MATERIALS, AND PROCESSES................................................................................31
   320 PROJECT SIGNS...........................................................................................................32
   321 PUBLICITY AND ADVERTISING ..............................................................................33
   322 TAXES ........................................................................................................................33
   323 DOCUMENTS AND SAMPLES AT THE SITE ..........................................................36
   324 CLEANUP DURING CONSTRUCTION .....................................................................36
   325 SANITARY FACILITIES..............................................................................................38
   326 POWER, LIGHTING, HEATING, VENTILATING,
        AIR CONDITIONING AND WATER SERVICES ......................................................38

TITLE 4
CONTRACT DOCUMENTS (DRAWINGS AND TECHNICAL SPECIFICATIONS) .......41
   401 CONTRACT DOCUMENTS - REVIEW AND INTERPRETATION......................... 41
   402 OWNERSHIP OF CONTRACT DRAWINGS AND
        TECHNICAL SPECIFICATIONS................................................................................ 44
   403 CONTRACT DRAWINGS AND TECHNICAL SPECIFICATIONS
        ISSUED TO THE CONTRACTOR .............................................................................. 45
   404 REQUESTS FOR INFORMATION OR CLARIFICATION ....................................... 46
   405 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES ......................................... 47
   406 SUBSTITUTION OF MATERIALS AND EQUIPMENT ........................................... 49

TITLE 5
SUBCONTRACTS....................................................................................................................... 53
   501 SUBCONTRACTS........................................................................................................ 53
   502 SUBCONTRACTOR ACCEPTANCE ......................................................................... 54

TITLE 6
TIME OF COMMENCEMENT AND COMPLETION .......................................................... 59
   601 BEGINNING, PROGRESS AND TIME OF COMPLETION...................................... 59



Contract No. OC83026                                                     Attachment F                                             July 30, 2008
On-Call Medium Scope                                                     Page 8 of 35
     602 LIQUIDATED DAMAGES; ADMINISTRATIVE COSTS;
         ACTUAL DAMAGES ...................................................................................................... 59
     603 DELAY DAMAGES ......................................................................................................... 61

TITLE 7
COOPERATION, COORDINATION AND RATE OF PROGRESS ........................................ 63
   701 COOPERATION WITH OTHER WORK FORCES ........................................................ 63
   702 COORDINATION OF THE WORK................................................................................. 65
   703 COORDINATION OF PUBLIC CONTACT ................................................................... 65
   704 RATE OF PROGRESS ..................................................................................................... 67

TITLE 8
PROTECTION OF PERSONS AND PROPERTY ...................................................................... 69
   801 SAFETY OF PERSONS ................................................................................................... 69
   802 PROTECTIVE DEVICES AND SAFETY PRECAUTIONS........................................... 71
   803 PROTECTION OF PROPERTY AND WORK IN PROGRESS...................................... 72
   804 PROTECTION OF MUNICIPAL, PUBLIC SERVICE
        OR PUBLIC UTILITY SYSTEMS................................................................................... 74
   805 PROTECTION OF STREET AND ROAD SYSTEM ...................................................... 76
   806 PROTECTION OF DRAINAGE WAYS.......................................................................... 78
   807 PROTECTION OF THE ENVIRONMENT ..................................................................... 79
   808 HAZARDOUS AND EXPLOSIVE MATERIALS OR SUBSTANCES ......................... 79
   809 ARCHAEOLOGICAL AND HISTORICAL DISCOVERIES ......................................... 80

TITLE 9
COMPENSATION .......................................................................................................................... 83
   901 CONSIDERATION (CITY’S PROMISE TO PAY)......................................................... 83
   902 PAYMENT PROCEDURE ............................................................................................... 84
   903 SCHEDULE OF VALUES IN LUMP SUM CONTRACTS ............................................ 85
   904 UNIT PRICE CONTRACTS............................................................................................. 86
   905 PROGRESS PERIOD........................................................................................................ 87
   906 APPLICATIONS FOR PAYMENT.................................................................................. 87
   907 RELEASES AND CONTRACTORS
        CERTIFICATIONS OF PAYMENT ................................................................................ 90
   908 RETAINAGE .................................................................................................................... 90
   909 ADDITIONAL WITHHOLDING OF PROGRESS PAYMENTS ................................... 92
   910 FINAL ESTIMATE AND PAYMENT............................................................................. 94
   911 ACCOUNTING OF COSTS AND AUDIT ...................................................................... 94

TITLE 10
WAGE         ................................................................................................................................. 97
   1001 PREVAILING WAGE ORDINANCE.............................................................................. 97
   1002 POSTING OF THE APPLICABLE WAGE RATES........................................................ 97
   1003 RATE AND FREQUENCY OF WAGES PAID............................................................... 97
   1004 REPORTING WAGES PAID ........................................................................................... 98
   1005 FAILURE TO PAY PREVAILING WAGES ................................................................... 99

TITLE 11
CHANGES IN THE WORK, CONTRACT PRICE OR CONTRACT TIME .......................... 101
   1101 CHANGE ORDER ............................................................................................................ 101
   1102 CITY INITIATED CHANGES ......................................................................................... 101
   1103 CONTRACTOR CHANGE REQUEST............................................................................ 104
   1104 ADJUSTMENT TO CONTRACT AMOUNT.................................................................. 110
   1105 TIME EXTENSIONS........................................................................................................ 117

Contract No. OC83026                                                         Attachment F                                                July 30, 2008
On-Call Medium Scope                                                         Page 9 of 35
TITLE 12
CONTRACTOR CLAIMS FOR ADJUSTMENT AND DISPUTES.......................................... 121
   1201 NOTICE OF INTENT TO CLAIM................................................................................... 121
   1202 SUBMITTAL OF CLAIMS .............................................................................................. 122
   1203 WAIVER OF CLAIMS ..................................................................................................... 125

TITLE 13
DISPUTES       ........................................................................................................................127
   1301 DISPUTES......................................................................................................................127

TITLE 14
SITE CONDITIONS.....................................................................................................................129
   1401 DIFFERING SITE CONDITIONS.................................................................................129
   1402 SITE INSPECTIONS AND INVESTIGATIONS..........................................................130

TITLE 15
PERFORMANCE AND PAYMENT BONDS ...........................................................................133
   1501 SURETY BONDS ..........................................................................................................133
   1502 PERFORMANCE BOND ..............................................................................................133
   1503 PAYMENT BOND.........................................................................................................134

TITLE 16
INSURANCE AND INDEMNIFICATION ................................................................................135
   1601 INSURANCE .................................................................................................................135
   1602 INDEMNIFICATION ....................................................................................................135

TITLE 17
INSPECTION AND DEFECTS...................................................................................................137
   1701 CONSTRUCTION INSPECTION BY THE CITY........................................................137
   1702 AUTHORITY OF INSPECTORS..................................................................................138
   1703 OBSERVABLE DEFECTS............................................................................................138
   1704 DEFECTS - UNCOVERING WORK ............................................................................138
   1705 LATENT DEFECTS ......................................................................................................139
   1706 REMOVAL OF DEFECTIVE MATERIALS AND WORK .........................................140

TITLE 18
WARRANTIES, GUARANTEES AND CORRECTIVE WORK............................................141
   1801 CONTRACTOR’S WARRANTIES, GUARANTEES
   AND CORRECTION OF WORK............................................................................................141
   1802 PERFORMANCE DURING WARRANTY PERIOD...................................................145

TITLE 19
SUBSTANTIAL COMPLETION OF THE WORK..................................................................147
   1901 CONTRACTOR’S NOTICE OF SUBSTANTIAL COMPLETION .............................147
   1902 INSPECTION AND PUNCH LIST ...............................................................................147
   1903 CERTIFICATE OF SUBSTANTIAL COMPLETION..................................................148
   1904 RIGHT OF EARLY OCCUPANCY OR USE ...............................................................149

TITLE 20
FINAL COMPLETION AND ACCEPTANCE OF THE WORK ...........................................151
   2001 CLEAN-UP UPON COMPLETION..............................................................................151
   2002 FINAL COMPLETION AND ACCEPTANCE OF THE WORK .................................151
   2003 FINAL SETTLEMENT..................................................................................................152


Contract No. OC83026                                                      Attachment F                                             July 30, 2008
On-Call Medium Scope                                                     Page 10 of 35
TITLE 21
SUSPENSION OF WORK...........................................................................................................157
   2101 SUSPENSION OF WORK.............................................................................................157
   2102 SUSPENSION OF THE WORK FOR THE
        CITY’S CONVENIENCE ..............................................................................................158
   2103 SUSPENSION BECAUSE OF ORDER OF CITY, STATE
        OR FEDERAL COURT OR AGENCY .........................................................................159
   2104 SUSPENSION RESULTING FROM CONTRACTOR’S
        FAILURE TO PERFORM .............................................................................................159

TITLE 22
CITY’S RIGHT TO TERMINATE THE CONTRACT ...........................................................161
   2201 TERMINATION OF CONTRACT FOR CAUSE .........................................................161
   2202 TERMINATION OF CONTRACT
   FOR CONVENIENCE OF THE CITY....................................................................................163

TITLE 23
MISCELLANEOUS PROVISIONS............................................................................................169
   2301 PARTIES TO THE CONTRACT ..................................................................................169
   2302 FEDERAL AID PROVISIONS......................................................................................169
   2303 NO WAIVER OF RIGHTS ............................................................................................169
   2304 NO THIRD PARTY BENEFICIARY............................................................................170
   2305 GOVERNING LAW; VENUE.......................................................................................170
   2306 ABBREVIATIONS ........................................................................................................171




Contract No. OC83026                                                 Attachment F                                         July 30, 2008
On-Call Medium Scope                                                Page 11 of 35
                           CITY AND COUNTY OF DENVER
                         DEPARTMENT OF GENERAL SERVICES
                       FACILITIES PLANNING AND MANAGEMENT


                             SPECIAL CONTRACT CONDITIONS

SC-1    CONSTRUCTION SPECIFICATIONS
        Except as amended herein or in the attached Technical Specifications, all Work performed under
        the terms of this Contract shall be governed by the applicable provisions of the following latest
        editions:

        Standard Specifications 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 Specifications for Road and Bridge
        Construction” (Sections 200 through 700 of the 1999 Edition).

        Standards and Details for the City and County of Denver (April, 2000)

        Traffic Barricade Manual, City and County of Denver, (Published August 1, 1992) (1999
        Edition)

        Manual on Uniform Traffic Control Devices for Streets & Highways (MUTCD)

        Building Code of the City and County of Denver (2003 International Building Codes with 2004
        City and County of Denver Amendments)

        National Fire Protection Association Standards(As referenced in the Building Code of the City
        and County of Denver)

        Wastewater Management Division – Detail and Technical Specifications for Storm and Sanitary
        Construction.

        The aforementioned documents are available for review at the Capital Projects Management
        Office, 201 W. Colfax Ave., Dept. 506, (5th floor), Denver, CO 80202.             The Standard
        Specifications for Construction, GENERAL CONTRACT CONDITIONS, City and County of
        Denver, and the Standards and Details for the City and County of Denver are available for
        purchase at the Cashier, 2nd floor at 201 W. Colfax Ave., Denver, Colorado 80202.

        The Manual on Uniform Traffic Control Devices for Streets & Highways is available for review
        as stated above, or can be viewed at the Federal Highway Administration Website at:
        www.fhwa.dot.gov, where you will also find purchase information.

        The “Colorado Department of Transportation Standard Specifications for Road and Bridge
        Construction" is available for review as stated above, or can be purchased from the Colorado
        Department of Transportation.

        The Wastewater Management Division – Detail and Technical Specifications for Storm and
        Sanitary Construction, is available at Wastewater Management Division, 2000 W. 3rd Avenue,
        Denver, CO 80223


Contract No. OC83026                                 Attachment F                             July 30, 2008
On-Call Medium Scope                                Page 12 of 35
SC-2    CITY DELEGATION OF AUTHORITY
        With reference to General Contract Condition 214, CITY’S CONTRACT ADMINISTRATION
        LINE OF AUTHORITY, the Manager hereby designates the City’s Manager of General Services,
        his designee or successor in function (hereinafter referred to as the “Manager”) authorizes all
        work performed under this On-Call Construction Services Contract. The Manager’s authorized
        representative for the day-to-day administration of the Contractor’s services under this On-Call
        Construction Services is the Contract Manager. The Contractor shall submit its reports,
        memoranda, correspondence and submittals to the individual Work Order Project Manager. The
        Manager may rescind or amend any such designation of representatives or delegation of authority
        and may, from time to time, designate a different Contract Manager and/or Project Manager,
        upon written notice to the Contractor. Additionally, direct questions about the Contract
        Documents processes involved in performance hereunder to the City’s Contract Manager:

            Robert Alson
            Phone: 720-913-8831
            Fax      720-913-8801

SC-3    LIQUIDATED DAMAGES
        Should the Contractor fail to complete any Work Order within the Contract Time allocated in that
        Work Order, the Contractor shall become liable to the City and County of Denver for liquidated
        damages, and not as a penalty, at the liquidated damages rate specified in that Work Order, for
        each consecutive calendar day that the Contractor exceeds the period of performance specified in
        the Work Order, all in accordance with the provisions of General Contract Condition 602.

        If the Contract fails to commence work within ten (10) consecutive calendar days of the date of
        issuance of a Notice to Proceed for a referenced Work Order, the Contractor shall become liable to
        the City and County of Denver for liquidated damages, and not as a penalty, at the liquidated
        damages rate specified in the fully executed Work Order, for each consecutive calendar day after
        the expiration of the initial ten (10) day period after issuance of a Notice to Proceed that the
        contractor fails to commence Work on a fully executed Work Order issued by the City, all in
        accordance with provisions of General Contract Condition 602.
        Representative hourly rates for the City administrative costs described in General Contract
        Condition 602.2 shall be as follows for this Project:

            Engineer or Architect Supervisor = $86.00/hour
            Project Manager = $81.00/hour
            Project Inspector = $63.00/hour

SC-4    SUBCONTRACTS
        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
        ACCEPTANCE.

        In accordance with General Contract Condition 907, RELEASES AND CONTRACTORS
        CERTIFICATION OF PAYMENT, Applications for Payment must be accompanied by
        completed Partial or Final Claim Release Form, as appropriate, or a Contractor’s Certification of
        Payment Form from each subcontractor and supplier. The forms which must be used are as
        follows:

SC-5    BUILDING INSPECTION DIVISION PLAN REVIEW FEES
        GC-316 of the General Contract Conditions shall apply to this Contract as supplemental by the
        following:


Contract No. OC83026                                 Attachment F                             July 30, 2008
On-Call Medium Scope                                Page 13 of 35
        In addition to all permit and license fees required by GC-316, the Contractor is required to pay to
        the Building Inspection Division all plan review fees which may come due as a percentage of the
        Building Permit Fee in accordance with Chapter 1, Section 152.2 of the Denver Amendments to
        the Uniform Building Code (1999). For additional plan review fees that may be due as a result of
        the requirements of Denver Amendments Table 1-C footnote 4, the Contractor shall be entitled to
        compensation for the actual cost of all such fees paid, without any additional mark up, by
        execution of a change order in accordance with General Condition 1101.

SC-6    CONTRACT FORMS
        In accordance with the terms and conditions of the Contract Documents, the City requires the use
        of certain form documents in complying with or satisfying various obligations, notifications and
        conditions in contracting with the City or performing Work hereunder. These form documents
        are referenced by title throughout the Contract Documents for mandatory use as directed. The
        following listed and attached forms shall be detached and utilized in accordance with the Contract
        Documents:

        1.      Notice to Successful Proposer (for Contract only)
        2.      Certificate of Insurance (for Contract only)
        3.      Notice to Proceed
        4.      Final Receipt

SC-7    WAGE RATE SCHEDULE
        General Contract Title 10 shall be amended by adding the following:

        All work that has specialized skills or that has safety concerns shall be performed by the
        appropriate level tradesman including, but not limited to, work on energized, or potentially
        energized, electrical circuits until the circuit has been positively identified as having been de-
        energized; work on pressurized piping; work in potable waterlines; shoring and scaffolding; work
        involving handling refrigerants and hazardous materials; heavy equipment operation and work
        involving asbestos. Work not involving energized circuits, pressurized piping, etc. may be
        performed by personnel in demolition laborer classification.

SC-8    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 Contractor's 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 off-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 under 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.


Contract No. OC83026                                  Attachment F                              July 30, 2008
On-Call Medium Scope                                 Page 14 of 35
        .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 and confirm such notification with formal
        correspondence no later than forty-eight (48) hours after the occurrence.

        .3       When any unit of government or political subdivision, utility or railroad corporation is to
        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.

SC-9    DISPOSAL OF NON-HAZARDOUS WASTE AT DADS
        In accordance with the Landfill Agreement made between the City and Waste Management of
        Colorado, Inc., bidders will be required to haul dedicated loads (non-hazardous entire loads of
        waste) to the Denver-Arapahoe Disposal Site (“DADS”) for disposal. DADS is located at
        Highway 30 and Hampden Avenue in Arapahoe County, Colorado. The City will pay all fees
        associated with such disposal but the bidder 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. Bidders shall not
        use Gun Club Road between I-70 and Mississippi Avenue as a means of access to DADS.

SC-10 PROHIBITION ON USE OF CCA-TREATED WOOD PRODUCTS
      The use of any wood products pressure-treated with chromated 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.

SC-11 WAIVER OF: PART 8 OF ARTICLE 20 OF TITLE 13, COLORADO REVISED
      STATUTES
      The Contractor specifically waives all the provisions of Chapter 8 of Article 20 of Title 13,
      Colorado Revised Statues regarding defects in the Work under this Construction Contract.

SC-12 DEBARRED SUBCONTRACTORS PROHIBITED
      The Contractor is prohibited from hiring any subcontractor that is currently debarred by the City
      in accordance with Section 20-77, D.R.M.C.

SC-13 PERIOD OF PERFORMANCE
      The term or duration of this Agreement shall be three (3) year from the date of execution of this
      Agreement, unless extended by Contract amendment in accordance with the provisions of these
      Special Contract Conditions. With respect to any Work that is authorized by a Work Order
      issued prior to the contract completion date, but not completed by that date, the City shall have
      the option to terminate the Work in progress and pay only for that portion of the Work
      satisfactorily completed within the period of performance specified herein or to provide for, in
      writing, a limited extension of the contract completion date to complete the remaining Work at
      the prices agreed upon in the previously issued Work Order(s).

        For each Proposal Pricing Request submitted to the Contractor for pricing, the Contractor agrees
        to review and price the Proposal Request within fourteen (14) consecutive calendar days of the
        date of such Proposal Request. In the event a Work Order is issued pursuant to a priced Proposal
        Request, the Contractor agrees to undertake the performance of the specified Work within ten
        (10) consecutive calendar days of the date of issuance of a Notice to Proceed for the referenced
        Work Order. The Contractor agrees to satisfactorily complete all work referenced in each Work

Contract No. OC83026                                  Attachment F                               July 30, 2008
On-Call Medium Scope                                  Page 15 of 35
        Order within the agreed upon period of performance set forth in such Work Order or Notice to
        Proceed, plus such extension or extensions granted by the Manager in accordance with the
        provisions for Work Order Changes. For purposes of this Contract, “Contract Time”, as used in
        the General Contract Conditions, shall mean the period of performance specified in each issued
        Work Order and shall run from the date of issuance of a Work Order Notice to Proceed to the
        date of Work Order Final Completion. Work Order Substantial Completion shall occur prior to
        Final Completion of any Work Order.

SC-14 PERFORMANCE OF WORK, AS DIRECTED BY THE CITY
      Titles 1 and 3 of the General Contract Conditions shall generally apply to this Contract as
      supplemental by the following:

        As described elsewhere in the Contract Documents, this Contract contemplates performance of
        construction services Work by the Contractor on a variety of, as yet to be identified, City
        construction Projects on an “as needed” or “on call” basis. Under the terms of this Contract, the
        City, in its sole discretion, will determine both the extent and nature of each scope of work or
        project it requires the Contractor to perform or complete and the specific terms and conditions
        under which it requires the Contractor to perform or complete this scope or project. Nothing
        contained herein, however, shall be construed by the Contractor as promise or guarantee of any
        minimum amount of Work or compensation hereunder.

        In the event the City elects to direct the Contractor to perform work hereunder, the process by
        which both a specific work scope or project and specific performance terms or conditions shall be
        established prior to commencement of such work shall be as follows:

        1. The City will identify a work scope or project for the Contractor to perform or complete and
           will issue to the Contractor a Proposal Pricing Request (in the format provided herein)
           containing, at a minimum, a detailed scope or project description, drawings, plans,
           specifications, the specific terms and conditions under which such project or scope must be
           performed and other pertinent materials.
        2. In accordance with the terms and conditions of this Contract, the Contractor will review each
           Proposal Pricing Request and provide a price (in the Proposal Request Pricing Worksheet
           format provided herein) and a project schedule responsive to each Proposal Pricing Request.
           In preparing its price, the Contractor shall include all bid unit prices for any required or
           specified work that corresponds with any unit price description (covered work). All other
           scope or project work elements required to complete the project or otherwise fully perform
           the described scope shall be considered uncovered work and priced using the format and cost
           categories for labor, material and equipment specified herein.
        3. Upon receipt of the completed and fully executed Proposal Request Pricing Worksheet from
           the Contractor, negotiation of uncovered work prices or sums and agreement on the Total
           Price (the total of covered and uncovered prices), schedule and any other specific
           requirements for the requested scope of Work, a Work Order (in the format provided for
           herein) for the Work will be issued by the City authorizing the Work to proceed under the
           terms and conditions set forth in the Work Order and attachments. This Order shall also
           encumber funds for the performance of such Work Order.
        4. Upon receipt of the fully executed Work Order and a Work Order Notice to Proceed (in the
           format provided for herein), the Contractor shall have ten (10) consecutive calendar days to
           commence the performance.
        5. With respect to each issued Work Order, the contractor shall furnish all tools, labor, supplies,
           equipment, materials and everything necessary to perform and complete the described scope
           of work or project contained in the Work Order.
        6. During the course of performance of the Work authorized by each Work Order, the
           Contractor shall submit regular pay applications, in accordance with provisions of these
           Special Contract Conditions. The City shall issue payment for all satisfactorily completed

Contract No. OC83026                                 Attachment F                              July 30, 2008
On-Call Medium Scope                                 Page 16 of 35
           Work authorized by Work Order, in accordance with the terms and conditions of the Contract
           Documents.
        7. If additions, deletions or other modifications to the authorized Work scope or other terms or
           conditions are required or desired in the sole discretion of the City under a particular Work
           Order, a Work Order Change will be issued based on pricing prepared in the same manner as
           a Proposal Pricing Request 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.
        8. Upon satisfactory completion, notice of Substantial Completion and Final Completion of the
           Work authorized and performed under each Work Order, Work Order Close-Out will occur, a
           Final Receipt for that Work Order will be issued, and final payment for the Work Order will
           be made.
        9. Under this Contract, more than one Work Order may be issued and performed by the
           Contractor at the same time.

        Given that under this Contract, the Contractor is committed to make available to the City and, as
        from time to time directed by the City under the process described, furnish all labor, tools,
        supplies, equipment, materials and everything necessary for and required to do, perform and
        complete each Work Order issued in accordance with the terms and conditions set forth herein,
        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.

        As such, the term Work, as issued in the Contract Documents shall mean 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.

SC-15 PERFORMANCE AND PAYMENT BOND
      Title 15 of the General Contract Conditions shall generally apply to this Contract as
      supplemented by the following:

        A Performance and Payment Bond, in the form included in these Contract Documents, shall be
        furnished covering all Work performed hereunder. An initial bond in the amount of Fifty
        Thousand Dollars and No Cents ($50,000.00) shall be provided at the time of Contract execution.
        In the event the dollar amount of Work to be performed exceeds this amount on any given Work
        Order, the Contractor shall provide properly executed bond Change Riders, also in the form
        included in these Contract Documents, in the amount(s) of any additional Work Orders issued
        hereunder.

SC-16 PROPOSAL REQUEST PRICING
      Title 9 of the General Contract Conditions shall generally apply to this Contract as supplemented
      by the following:

        A. In order to initiate Work hereunder, the City must prepare and issue a Proposal Pricing
           Request, in the form included in these Contract Documents. For each Proposal Pricing
           Request submitted to the Contractor for pricing, the Contractor shall price the request and
           submit a completed Proposal Request Pricing Worksheet, in the form included in these
           Contract Documents and complying with the terms and conditions set forth on the form, to
           the Project Manager, with all supporting materials, within fourteen (14) consecutive calendar

Contract No. OC83026                                Attachment F                              July 30, 2008
On-Call Medium Scope                                Page 17 of 35
            days of the date of issuance of such Proposal Pricing Request. The Contractor shall price
            each request and prepare the appropriate documentation in accordance with the requirements
            stated herein.

        B. Prices – In pricing the Work Order scope or elements necessary to complete or otherwise
           fully perform the Work Order, if any, in a Request, the Contractor shall provide itemized and
           sufficient supporting data, including calculations, measurements, cost records, production
           rates, equipment types and capacity, labor costs by craft and other information which the City
           may reasonably require in order for the City to evaluate the Contractor’s pricing for all
           remaining Work Order elements or scope not covered by unit prices for any Proposal Request
           and Work Order Change pricing.

            Direct labor costs shall include only the cost associated with the workers who actually
            perform the Work (including fringe benefits and the Contractor’s actual cost for Worker’s
            Compensation, Social Security and Payroll taxes). The costs of supervision, management and
            field or office overhead costs shall not be included or calculated as direct labor cost. For
            shop or plant components of the Work, the direct labor cost shall include only those workers
            who work directly on the item being manufactured or the actual operators of the equipment
            being used to handle the items being manufactured.

            Material costs shall include the direct costs of materials, supplies and equipment incorporated
            in or consumed by the Work. The costs shall be based on buying the material, supplies and
            equipment other than small tools, or equipment rental rates without markup or operator, as
            listed in the appropriate rental rate book currently in use by the Colorado Department of
            Transportation.

            Equipment costs shall be the actual cost to the Contractor of owned and/or rented equipment
            other than small tools, or equipment rental rates without markup or operator, as listed in the
            appropriate rental rate book currently in use by the Colorado Department of Transportation.

        C. Markup for Overhead and Profit – The Contractor, subcontractor or sub-subcontractor
           who actually performs the Work shall be entitled to a markup of 15% on the actual costs
           identified in item B, only, above. Bonds, insurance and sales tax are to be added after
           markup.

            A supervising subcontractor, if any, shall not be entitled to a markup on the actual price
            charged to the subcontractor by the sub-subcontractor.

            The On-Call General Contractor shall be entitled to a markup on the actual price for the work
            performed by subcontractors working under the supervision of the general contractor, in
            accordance with the general contractor’s proposed markup submitted with the initial request
            for proposal (RFP) response made to the City by the on-call general contractor.

            These percentage markups shall be considered to include office supervisors and assistants
            including all clerical and general office help; review and coordination; estimating; expediting;
            watchmen; small tools; incidental job burdens including office equipment and supplies,
            temporary toilets, telephone, fax and conformance to OSHA requirements; and general home
            office expenses. These percentage mark ups shall be applied one time only for each Proposal
            Request and shall not pyramid in any way.

        D. Bonds, Insurance, Permits and Taxes shall be reimbursed at the actual cost associated with all
           required bond riders, insurance, permits, licenses, and sales, use or other taxes related to the
           Work.


Contract No. OC83026                                  Attachment F                              July 30, 2008
On-Call Medium Scope                                 Page 18 of 35
        E. A Total Price to perform or complete the Work Order, the sum of all covered and uncovered
           work amount, must be in each Work Order.

        F. If it is later determined that the pricing was not correct due to inaccurate or incomplete
           pricing data by the Contractor or any subcontractor or supplier, the price shall be reduced
           accordingly and the Work Order cost modified by a Work Order Change.

SC-17 WORK ORDERS
      With respect to Each Work Order Issued hereunder, the General Contract Conditions shall
      generally apply to this Contract as supplemented by the following:

        Upon review of any Proposal Request Pricing Worksheet completed by the Contractor pursuant
        to a Proposal Request, the City may, at its sole discretion, reject the pricing submittal, enter into
        further negotiations regarding uncovered work prices or may direct that the Work described in the
        Proposal Request and priced by the Contractor be completed by issuance of a Work Order, in the
        form included in these Contract Documents to the Contractor. The City reserves the right to issue
        such a Work Order, at the price and under the terms of the Contractor’s pricing submittal, at any
        time before the expiration of 120 consecutive calendar days from the date the pricing submittal
        was received by the City. If no Work Order is issued and the pricing submittal is not rejected
        within this period, the Contractor’s pricing submittal shall be deemed rejected by the City.

        A Work Order shall not issue and no Work for a priced Request shall commence until such time
        as: The Work Order is executed by the Contractor and all designated City officials; the
        Contractor has submitted a Payment and Performance bond or Bond Change Rider for the Work
        satisfactory to the City Attorney; for the Work described in the Proposal Request; and all
        administrative requirements are met. Until all Work Order issuance requirements are met, the
        City shall have no obligation to compensate the Contractor for Work performed.
        Upon issuance of a Work Order, the Contractor agrees to satisfactorily perform and complete all
        Work necessary or required to fully perform or otherwise complete the scope of work as
        described in each issued Work Order or any subsequently issued Work Order Change within the
        period of performance specified in the Work Order plus such extensions of time as may be
        granted by the Manager in accordance with the provisions of this Contract.

SC-18 WORK ORDER NOTICE TO PROCEED
      GC-302 of the General Contract Conditions shall generally apply to this Contract as
      supplemented by the following:

        Following the issuance of any fully executed Work Order hereunder, a Work Order Notice to
        Proceed, in the form included in these Contract Documents for that particular Work Order will be
        issued by the Director. The Contractor agrees to 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. No Work Order Notice to Proceed will issue and not Work will commence
        until such time as the Contractor has complied with all administrative requirements for that
        particular Work Order under SC-9 PERFORMANCE AND PAYMENT BOND. Thereafter, 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.

SC-19 PROGRESS PAYMENTS FOR WORK ORDERS
      Title 9 of the General Contract Conditions shall apply to this Contract as supplemented by the
      following:



Contract No. OC83026                                  Attachment F                               July 30, 2008
On-Call Medium Scope                                  Page 19 of 35
        With respect to any Work Order issued hereunder, the terms and conditions of Title 9 shall apply
        to each Work Order as if such Work Order were a separate Contract. In addition, progress
        payments for performance of any Work, shall be based on completed Work estimates supported
        wither by lien releases or properly completed Contractor’s Certifications of Payment, in the form
        included in these Contract Documents and shall be subject to the following requirements:

        1. Each estimate of Work completed for each Work Order shall contain a list of subcontractor
           and material invoices for all subcontractor s 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.

        2. Each estimate of Work completed for each Work Order shall specifically identify those SBE
           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.

        3. 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 format contained in
           the following Exhibit A, or by verified Partial Release of Contractor forms from each
           subcontractor and supplier in the form included immediately after this provision, 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
            b. The Project Engineer/Manager’s, or as applicable, Consulting Architect / 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.

        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 Architect/Engineer, as appropriate, with the assistance of input from the Project
           Construction Manager, in the event that such has been retained, will also verify and certify
           the estimate prior to acceptance by the City.

        5. The Contractor 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;
            b. 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
            c. 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 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.



Contract No. OC83026                                  Attachment F                              July 30, 2008
On-Call Medium Scope                                 Page 20 of 35
        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.

        7. 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 suppler, in the form included in these Contract
           Documents immediately after this provision.

        8. Pursuant to General Contract Condition 907, the final estimate for payment shall also be
           accompanied by Final Release of Liens form from each subcontractor and supplier, in the
           form included in these Contract Documents immediately after this provision.

        9. 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.

        10. If the Contractor disputes a subcontractor or suppler 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 suppler. However, in lieu of
            such submittal, the Contractor shall submit to the City a copy of a written communication
            form 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.

SC-20 WORK ORDER CHANGES
      Title 11 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 under 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 included in these Contract
        Documents.

SC-21 WORK ORDER CLOSE-OUT
      Titles 19 and 20 of the General Contract 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 20 of the General Contract Conditions.

SC-22 CONTRACT CLOSE-OUT
      Upon written notification from the City to the Contractor that not further Work Orders shall be
      issued hereunder and the completion of final close-out for any previously issued Work Orders in
      accordance with SC-15 WORK ORDER CLOSE-OUT, 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 Section 01010 of the Contract Specifications. In addition, the
      Contractor agrees to execute and deliver to the City a Final Receipt in the forms previously
      referenced and to provide to the City a 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

Contract No. OC83026                                 Attachment F                             July 30, 2008
On-Call Medium Scope                                Page 21 of 35
        other withholdings provided for hereunder, a sum not greater than one percent (1%) of the
        maximum contract amount specified herein.

SC-23 OTHER ON-CALL CONSTRUCTION SERVICES CONTRACTS
      In the event the City elects to publish a RFQ/RFP for other General Services On-Call
      Construction Services Contracts during the performance period specified herein, the parties
      specifically agree that the Contractor will not submit a proposal or enter into a contract for such
      Contracts until such time as the City issues to the Contractor written notification that not further
      Work Orders will be issued hereunder, as provided for in SC-16 CONTRACT CLOSE-OUT.
SC-24 ON-CALL SPECIFIC CONTRACT FORMS
      The following listed and attached “Contract Forms” shall be detached and utilized in accordance
      with the Contract Documents.

         1.   Change Rider..................................................................................... 1 Page
         2.   Proposal Request............................................................................... 1 Page
         3.   Proposal Request Pricing Worksheet ................................................ 1 Page
         4.   Unit Price Sheets for Proposal Request............................................1 Pages
         5.   Sub-Contractor Worksheet for Proposal Requests............................ 1 Page
         6.   Work Order ......................................................................................1 Pages
         7.   Work Order Change .........................................................................2 Pages




Contract No. OC83026                                                  Attachment F                                       July 30, 2008
On-Call Medium Scope                                                 Page 22 of 35
                                                        RIDER

Work Order No.


TO BE ATTACHED TO AND FORM PART OF

          PERFORMANCE AND PAYMENT                                                          NO:
               (TYPE OF BOND)


IN FAVOR OF:                        CITY AND COUNTY OF DENVER
                                               (OBLIGEE)

ON BEHALF OF:
                                                        (PRINCIPAL)

EFFECTIVE:
                                             (ORIGINAL EFFECTIVE DATE)

IT IS AGREED THAT, in consideration of the original premium charged for this bond, and any additional premium
that may be properly chargeable as a result of this rider,
The Surety,                                                       , hereby gives is consent to:

  (   )   INCREASE BOND PENALTY                          (   )     CHANGE THE NAME OF PRINCIPAL

  (   )   DECREASE BOND PENALTY                          (   )     CHANGE THE ADDRESS OF THE PRINCIPAL

  (   )   CHANGE THE EFFECTIVE DATE                      (   )     CHANGE THE EXPIRATION DATE

  (   )   OTHER:

of the attached bond         FROM:


                             TO:


                             EFFECTIVE:
PROVIDED, however, that the attached bond shall be subject to all its agreements, limitations, and conditions
except as herein expressly modified, and that the liability of the Surety under the attached bond as changed by this
rider shall not be cumulative.
SIGNED AND SEALED THIS                        DAY OF                                       200_.
                                                                 _______________ INSURANCE COMPANY

                                                                 By:
                                            (witness)                                        (Attorney-in-Fact) (Seal)

                                                                 ACCEPTED BY OBLIGEE
                                                                 By:
                                            (witness)



Contract No. OC83026                                     Attachment F                                     July 30, 2008
On-Call Medium Scope                                     Page 23of 35
                              PROPOSAL REQUEST
                              ON CALL CONSTRUCTION SERVICES (Medium Projects)
                              CONTRACT NO. OC83026
                              FACILITIES PLANNING AND MANAGEMENT
                              DEPARTMENT OF GENERAL SERVICES
                              201 W. Colfax Ave., Dept. 903 * Denver, CO 80202
                              Phone 720.865.8680 * FAX 720.913.8801
                              www.denvergov.org

Contractor:                                            Proposal Request No.:
                                                       Contract Control Number:
                                                       Project Number:
                                                       Project Name:
                                                       Date:


Submit an itemized quotation for the work described below. Include all costs, time necessary to
perform the described work, and the M/WBE participation (percentage of work) on the Proposal
Request Pricing Worksheet.

This is not a change order, field order or a notice to proceed with the work described.

Description:




Note: All work shall be performed under Annual Contract No. _____________

Liquidated Damages for this Project will be ___________ per day.

Proposal Request Pricing Worksheet to be returned by ______________________


Attachments:


ISSUED BY:
                Facilities Planning and Management


cc:


Contract No. OC83026                            Attachment F                              July 30, 2008
On-Call Medium Scope                           Page 24of 35
 PROPOSAL REQUEST PRICING WORKSHEET
 ON CALL CONSTRUCTION SERVICES (OC83026)
 FACILITIES PLANNING AND MANAGEMENT DIVISION
 DEPARTMENT OF GENERAL SERVICES · CITY & COUNTY OF DENVER · 201 W. COLFAX AVE., DEPARTMENT 903 · DENVER, CO 80202 · (720) 865-8630 FAX (720) 913-8801


 CONTRACTOR:                                                                         PROPOSAL REQUEST NO.:
 PROJECT NO.:                                                                        WORK ORDER NO.:
 PROJECT NAME:                                              DATE:
 SUBCONTRACTOR WORK ITEMS (refer to Subcontractors' Worksheets)
 SUBCONTRACTORS - Labor + Materials + Equipment (Line 15 Amounts)                                                                      TOTALS
    Provide Subcontractor Worksheets for each subcontractor
S1
S2
S3
S4
S5
S6
S7
S8
S9
S10
S11
S12       SUBCONTRACTORS’ SUBTOTAL LABOR+MAT’L+EQUIP (Lines S1 through S8)
S13       SUM SUBCONTRACTORS’O&P, TAX, PERMIT, BOND (Sum Line21 Amounts)
S14       TOTAL FOR SUBCONTRACTORS (Line S9 + S10)

NON-UNIT PRICES WORK ITEMS
GENERAL CONTRACTOR                                                 LABOR                MATERIAL              EQUIPMENT                 TOTALS
G1
G2
G3
G4
G5
G6
G7
G8
G9     Total (Lines G1 through G8)
G10    G.C Overhead & Profit @ 15% of Line G9
G11    Sales Tax on materials (3.5% of line G9)
G12    Permit Costs
G13    G.C SUBTOTAL (Lines G9+G10+G11+G12)
G14    Subcontract Total – Line S11
G15    G.C. Markup on subcontractors (__% of Line S12)
G16    Subtotal (Lines G13+G14+G15)
G17    Bond Cost (Not greater than 2.5% of Line G17)
G18    Total Proposal Request Lines G17 + G18

                                                                                            PROPOSAL REQUEST PRICE                 $
TIME TO COMPLETE THE WORK IN THIS PROPOSAL REQUEST ________ CALENDAR DAYS


CONTRACTOR’S SIGNATURE                                                                                        DATE

Contract No. OC83026                                          Attachment F                                         July 30, 2008
On-Call Medium Scope                                          Page 25of 35
 SUBCONTRACTOR WORKSHEET FOR PROPOSAL REQUEST
 ON CALL CONSTRUCTION SERVICES (OC83026)
 FACILITIES PLANNING AND MANAGEMENT DIVISION
 DEPARTMENT OF GENERAL SERVICES · CITY & COUNTY OF DENVER · 201 W. COLFAX AVE., DEPARTMENT 903 · DENVER, CO 80202 · (720) 865-8630 FAX (720) 913-8801


 CONTRACTOR:                                                                         PROPOSAL REQUEST NO.:
 PROJECT NO.:                                                                        WORK ORDER NO.:
 PROJECT NAME:                                                                       DATE:

 SUBCONTRACTOR NAME:


WORK ITEMS                                                         LABOR                MATERIAL              EQUIPMENT                 TOTALS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15         SUBTOTAL (Lines 1 through 14)
16     Overhead & Profit @ 15% of line 15
17     Sales Tax on materials (3.5% of line 15)
18     Permit Costs
19         SUBTOTAL (Lines 15+16+17+18)
20     Subcontractor Bond Costs (Only if applicable, not greater than 1.5% of Line 19)
21         SUBTOTAL O&P, TAX, PERMIT, BOND (Lines 16+17+18+20)



                                                             TOTAL SUBCONTRACTOR PROPOSAL REQUEST                                  $
                                                                       TOTAL (Lines 19+20)




Contract No. OC83026                                             Attachment F                                      July 30, 2008
On-Call Medium Scope                                            Page 26 of 35
 PROPOSAL REQUEST PRICING WORKSHEET
 ON CALL CONSTRUCTION SERVICES (OC83026)
 FACILITIES PLANNING AND MANAGEMENT DIVISION
 DEPARTMENT OF GENERAL SERVICES · CITY & COUNTY OF DENVER · 201 W. COLFAX AVE., DEPARTMENT 903 · DENVER, CO 80202 · (720) 865-8630 FAX (720) 913-8801


 CONTRACTOR:                                                                         PROPOSAL REQUEST NO.:
 PROJECT NO.:                                                                        WORK ORDER NO.:
 PROJECT NAME:                                                       DATE:
 UNIT PRICES:                                                                                                                          TOTALS
 Division Subtotals – Provide Unit Price Sheets for Proposal Requests, identifying applicable unit prices
U1
U2
U3
U4
U5
U6
U7
U8
U9
U10
U11
U12       UNIT PRICE TOTAL (Lines U1 through U11)

 NON UNIT PRICES:WORK ITEMS                                                                                                             TOTALS
 SUBCONTRACTORS – Labor + Materials + Equipment (Lines 15 Amounts
 Provide Subcontractor Worksheets for each subcontractor
S1
S2
S3
S4
S5
S6
S7
S8
S9          SUBCONTRACTOR’S SUBTOTAL LABOR+MAT’L+EQUIP (Lines S1 through S8)
S10         SUMM SUBCONTRACTORS’ O&P, TAX, PERMIT BOND (Summ Line 21 Amounts)
S11         TOTAL FOR SUBCONTRACTORS (Line S9 + S10)


WORK ITEMS                                                         LABOR                MATERIAL              EQUIPMENT                 TOTALS
G1
G2
G3
G4
G5
G6
G7
G8
G9     TOTAL (Lines G1 through G8)
G10    G.C. Overhead & Profit @15% of Line G9



Contract No. OC83026                                          Attachment F                                         July 30, 2008
On-Call Medium Scope                                          Page 27of 35
G11   Sales Tax on materials (3.5% of line G9)
G12   Permit Costs
G13   G.C. SUBTOTAL (Lines G9+G10+G11+G12)
G14   Unit Price Total – Line U12
G15   Subcontractor Total – Line S11
G16   G.C. Markup on subcontractors (7% of Line S9)
G17   Subtotal (Lines G13+G14+G15+G16)
G18   Bond Cost (Not greater than 2.5% of Line G17)
G19   Total Proposal Request Lines G17 + G18
                                                                      PROPOSAL REQUEST PRICE         $
TIME TO COMPLETE THE WORK IN THIS PROPOSAL REQUEST ________ CALENDAR DAYS


CONTRACTOR’S SIGNATURE                                                            DATE




Contract No. OC83026                                  Attachment F                   July 30, 2008
On-Call Medium Scope                                  Page 28 of 35
                                             WORK ORDER
                                             ON CALL CONSTRUCTION SERVICES NUMBER ___________
                                             (Project ________________ / Contract No. ____________)
                                             FACILITIES PLANNING AND MANAGEMENT
                                             DEPARTMENT OF GENERAL SERVICES
                                             201 W. Colfax Ave., Dept. 903 * Denver, CO 80202
                                             Phone 720.865.8680 * FAX 720.913.8801
                                             www.denvergov.org

Contractor:                                                                              Project Name:
Vendor ID:                                                                               Project ID:
Work Order No.:                                                                          Fund/Org:
Proposal Request No.:                                                                    Contract No.:
Project Mngr/Phone:                                                                      Business Unit:
It is hereby mutually agreed that when this WORK ORDER has been signed by the contracting parties, the following described scope of work shall be executed by
the contractor in accordance with all contract documents and as herein stipulated and agreed:
           All work described in Proposal Request No. __________.
The sum, as indicated hereinbelow, constitutes full and complete consideration, payment and satisfaction to the Contractor for the above described scope of work,
and the Contractor hereby agrees to make no further claims, demands, or requests of any kind whatsoever for further monies, extensions of time, or other
consideration for the above described scope of work to the contract.

THE CONTRACTOR AGREES to furnish all material and labor and perform all work required to complete the above described changes in accordance with
requirements for similar work covered by the Work Order, except as otherwise stipulated herein, for the following considerations:

Lump sum of _________________________________________________________ Dollars and ___________________ Cents ($_______________).
Work Order Duration Time: __________ Calendar days.                            Completion Date: ___________________________
Contractor:

Accepted for Contractor by:                                                                Title                             Date


USING AGENCY                                                                        APPROVALS
I hereby certify that funds are available that will be reserved to pay the
Contractor in full for the work to be performed under this WORK
ORDER.                                                                              ________________________________________________________
                                                                                    Approved by City Attorney                            Date
________________________________________________________
By Using Agency - Administrative or Budget Office   Date
                                                                                    ________________________________________________________
                                                                                    Approved by Director                                 Date
                                                                                    Division of Small Business Opportunity

      COST SUMMARY FOR CONTRACT NO. __________
                 (By Contract Manager)                                              ________________________________________________________
                                                                                    Approved by Manager of Using Agency                  Date

Previous Work Orders                                        $____________
Previous Work Order Change Additions                          ____________          ________________________________________________________
                                                                                    Approved by Director                                 Date
           SUB-TOTAL                                        $____________           Facilities Planning and Management
Previous Work Order Change Deductions                         ____________
Net Prior to this Work Order                                $____________
                                                                                    ________________________________________________________
This Work Order - Add                                         ____________          Approved by Manager of ___________________           Date
           TOTAL CONTRACT AMOUNT                            $____________



NOTE: No persons shall authorize or perform any of the above until the            DISTRIBUTION: Auditor, Contract Administration, Using Agency, SBOD,
Work Order Change has all signatures and has been distributed.                    Consultant, Contractor, and Facilities Planning and Management


Contract No. OC83026                                                   Attachment F                                                 July 30, 2008
On-Call Medium Scope                                                   Page 29of 35
             PR
ITEM                                        DESCRIPTION                           COST        BASIS(*)
             NO.




        BASIS OF CHANGE

        A       Using Agency Request               F            Field Condition
        C       Contractor Request                 X-___        other: ________
        D       Design Consultant Request          X-___        other: ________




Contract No. OC83026                             Attachment F                      July 30, 2008
On-Call Medium Scope                            Page 30 of 35
                                            WORK ORDER CHANGE
                                            ON CALL CONSTRUCTION SERVICES NUMBER ___________
                                            (Project ________________ / Contract No. ____________)
                                            FACILITIES PLANNING AND MANAGEMENT
                                            DEPARTMENT OF GENERAL SERVICES
                                            201 W. Colfax Ave., Dept. 903 * Denver, CO 80202
                                            Phone 720.865.8680 * FAX 720.913.8801
                                            www.denvergov.org

Contractor:                                                                              Project Name:
Vendor ID:                                                                               Project ID:
Work Order No.:                                                                          Fund/Org:
Work Order Change No.:                                                                   Contract No.:
Proposal Request No.:                                                                    Business Unit:
Project Mngr/Phone:
It is hereby mutually agreed that when this WORK ORDER CHANGE has been signed by the contracting parties, the following described changes shall be
executed by the Contractor without changing the terms of the Contract except as herein stipulated and agreed:
           Modifications to the Contract as described in Proposal Request ________, dated ____________________.
The additional sum, as indicated herein below, constitutes full and complete consideration, payment and satisfaction to the Contractor for the above described
changes to the work order, and the Contractor hereby agrees to make no further claims, demands, or requests of any kind whatsoever for further monies,
extensions of time, other consideration for the above described changes to the work order.

THE CONTRACTOR AGREES to furnish all material and labor and perform all work required to complete the above described changes in accordance with
requirements for similar work covered by the Work Order, except as otherwise stipulated herein, for the following considerations:

Add/Subtract to Work Order the sum of _____________________________________ Dollars and ________________ Cents ($_______________).

Increase / Decrease the Work Order Completion Time                         Calendar days.     Revised Completion Date:

Contractor:

Accepted for Contractor by:                                                               Title                            Date


         WORK ORDER NO. _______ COST SUMMARY                                      USING AGENCY
                                                                                  I hereby certify that funds are available that will be reserved to pay the
                                                                                  Contractor in full for the work to be performed under this WORK
Original Work Order Amount                                    $__________         ORDER CHANGE.
Previous Work Order Change Additions                           __________
          SUB-TOTAL                                           $__________         ________________________________________________________
                                                                                  By Using Agency - Administrative or Budget Office   Date
Previous Work Order Change Deductions                          __________
Net Prior to this Work Order Change                           $__________
This Work Order Change - Add                                   __________         APPROVALS
REVISED TOTAL WORK ORDER AMOUNT                               $__________
                                                                                  ________________________________________________________
          COST SUMMARY PROJECT NO. __________                                     Approved by Director                                 Date
                      (By Contract Manager)                                       Small Business Opportunity Division
Total of All Work Orders Issued             $______________
Total Previous Work Order Change Additions
                                                                                  ________________________________________________________
     All Work Orders                         ______________
                                                                                  Approved by Manager of Using Agency                  Date
          SUB-TOTAL                         $______________
Total Previous Work Order Change Deductions
     All Work Orders                         ______________                       ________________________________________________________
                                                                                  Approved by Director                                 Date
Net Contract Amount Prior to this
                                                                                  Facilities Planning and Management
     Work Order Change                      $______________
This Work Order Change - Add                 ______________
          TOTAL CONTRACT AMOUNT             $______________                       ________________________________________________________
                                                                                  Approved by Manager of General Services              Date
NOTE: No persons shall authorize or perform any of the above until the Work       DISTRIBUTION: Auditor, Contract Administration, Using Agency, SBOD,
Order Change has all signatures and has been distributed.                         Consultant, Contractor, and Facilities Planning and Management


Contract No. OC83026                                                  Attachment F                                                July 30, 2008
On-Call Medium Scope                                                 Page 31of 35
ITEM         PR                             DESCRIPTION                           COST        BASIS(*)
             NO.




        BASIS OF CHANGE
        A       Using Agency Request               F            Field Condition
        C       Contractor Request                 X-___        other: ________
        D       Design Consultant Request          X-___        other: ________




Contract No. OC83026                             Attachment F                      July 30, 2008
On-Call Medium Scope                            Page 32 of 35
SC-25 MINORITY BUSINESS ENTERPRISES AND WOMEN BUSINESS ENTERPRISES
      In a March 7, 2000 opinion and order of the United States District Court for the District of
      Colorado, all terms, provisions and requirements relating to the implementation and enforcement
      of Article III, Divisions I and III, of Chapter 28 of the Denver Revised Municipal Code, (the
      “MBE/WBE Requirements”) in effect as of the adoption of the General Conditions in 1999 were
      held invalid, and they are hereby deleted. All such terms, provisions and requirements in the
      General Conditions are hereby replaced with references to the following later-enacted ordinances:

        •   Denver Revised Municipal Code, Chapter 28 Article III, Division 1 (Sections 28-31 to 28-36)
            (establishment of Small Business Opportunity Division, “DSBO”);

        •   Denver Revised Municipal Code, Chapter 28 Article III, Division 3 (Sections 28-52 to 28-83)
            (the “MBE/WBE Requirements”); and

        •   Denver Revised Municipal Code, Chapter 28, Article VII (Sections 28-201 to 28-234) (the
            “SBE Requirements”).

        Such revised provisions of the General Conditions include, without limitation, General Contract
        Condition 210.

SC-26 ATTORNEY’S FEES
      Colorado Revised Statute 38-26-107 requires that in the event any person or company files a
      verified statement of amounts due and unpaid in connection with a claim for labor and materials
      supplied on this project, the City shall withhold from payments to the Contractor sufficient funds
      to insure the payment of any such claims. Should the City and County of Denver be made a party
      to any lawsuit to enforce such unpaid claims or any lawsuit arising out of or relating to such
      withheld funds, the Contractor agrees to pay to the City its costs and a reasonable attorney’s fee
      which cost shall be included as a Cost of the Work.

        Because the City Attorney Staff does not bill the City for legal services on an hourly basis, the
        Contractor agrees a reasonable fee shall be computed at the rate of one hundred dollars per hour
        of City Attorney time.

SC 27 INSURANCE:
      General Condition 1601 is hereby deleted in its entirety and replaced with the following:

        1.      General Conditions. Contactor agrees to secure, at or before the time of execution of this
        Contract, the following insurance covering all operations, goods, or services provided pursuant to
        this Contract. Contractor shall keep the required insurance coverage in force at all times during
        the term of the Contract or any extension thereof and during any warranty period. 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” VIII or better. Each policy shall contain a valid
        provision or endorsement stating “Should any of the above-described policies be canceled or
        should any coverage be reduced before the expiration date thereof, the issuing company shall
        send written notice to the Denver Risk Management, 201 West Colfax Avenue, Dept. 1105,
        Denver, Colorado 80202 by certified mail, return receipt requested. Such written notice shall be
        sent thirty (30) Days prior to such cancellation or reduction unless due to non-payment of
        premiums for which notice shall be sent ten (10) Days prior.” If any policy is in excess of a
        deductible or self-insured retention, the City must be notified by the Contractor. The insurance
        coverages specified in this contract 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 Contract.


Contract No. OC83026                                 Attachment F                                  July 30, 2008
On-Call Medium Scope                                  Page 33of
        2.      Proof of Insurance. Contractor shall provide a copy of this Contract to its insurance agent
        or broker. Contractor further agrees to have its agent or broker provide proof of Contractor’s
        required insurance by means of www.Ins-Cert.com or with certificate(s) of insurance acceptable
        to the City’s Risk Management department. Such proof must contain the applicable Project
        Name and Contract Control Number. Contractor shall require that all such Subcontractors and
        Suppliers maintain the required coverages as specified above.

        3.      Additional Insureds. For all coverages, Contractor’s insurer shall name the City as an
        additional insured.

        4.       Waiver of Subrogation. For all coverages, Contractor’s insurer shall waive subrogation
        rights against the City.

        5.      Subcontractors. Contractor shall require all of its Subcontractors of any tier to provide
        insurance coverages in types and amounts acceptable to the Contractor. All Subcontractors, sub-
        consultants independent contractors, Suppliers or other entities providing goods or services
        required by this Contract shall be subject to those requirements and shall procure and maintain
        the coverages required by the Contractor. Contractor agrees to provide proof of insurance for all
        such Subcontractors, Suppliers, or other entities upon request by the City.

        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 $500,000.00 for each bodily injury occurrence claim, $500,000.00 for
        each bodily injury caused by disease claim, and $500,000.00 aggregate for all claims. Contractor
        expressly represents to the City, as a material representation upon which the City is relying in
        entering into this contract, 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 part of the term of this Contract, and that any such rejections previously
        effected, have been revoked as of the date Contractor executes this contract. Contractor shall
        ensure that all Subcontractors maintain and show auditable proof of insurance for the required
        coverages.

        7.      General Liability:       Contractor shall maintain limits of $______________ for each
        occurrence claim, $_______________________ for each personal and advertising injury claim,
        and $________________ products and completed operations for each occurrence. Aggregate
        limits must be “per project” or “per location.”

        8.      Automobile Liability. Contractor shall maintain limits of $_________________
        combined single limit applicable to all vehicles operating on City property and elsewhere that
        includes auto pollution liability coverage for any vehicle hauling cargo containing pollutants or
        contaminants.

        9.      Additional Requirements. For all general liability, excess/umbrella liability, and
        pollution liability specified herein, the policies must provide the following:

                (1)     If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or
                reserved claims, the Contractor shall notify the City within ten (10) Days and reinstate
                the aggregates required;

                (2)     Unlimited defense costs in excess of policy limits;

                (3)     Contractual liability covering the indemnification provisions of this Contract;

                (4)     A severability of interests provision;

Contract No. OC83026                                  Attachment F                              July 30, 2008
On-Call Medium Scope                                 Page 34 of 35
                (5)     Waiver of exclusion for lawsuits by one insured against another;

                (6)     A provision that coverage is primary to any coverage or self-insurance provided
                by the City and only the City; and

                (7)     A provision that coverage is non-contributory with other coverage or self-
                insurance provided by the City and only the City.

                (8)    For all coverages, if the policy is a claims-made policy, then 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. Claims made coverage forms must be
                approved in advance by the City Risk Administrator.

                        For all general liability and excess/umbrella liability, if specified herein, the
                policies must not contain an exclusion for subsidence or earth movement; an exclusion
                for habitational construction, reconstruction, remodeling, repair or similar activity; an
                exclusion for the hazard of explosion; an exclusion for the hazard of collapse; or an
                exclusion for the hazard of underground work.

                (9)     For all general liability, excess/umbrella liability, pollution liability, and
                professional liability, if specified herein, the policies must not contain an exclusion for
                injury or damage from mold, fungus, or other biological pathogens.




Contract No. OC83026                                 Attachment F                              July 30, 2008
On-Call Medium Scope                                 Page 35 of 35

								
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