PROJECT MANUAL SCHOOL DISTRICT NO. 1 IN THE CITY AND COUNTY OF DENVER AND STATE OF COLORADO. LOCATION: Project # DATE: December 11, 2013.

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1 Denver Public Schools Construction Services / Strategic Sourcing 1617 S. Acoma St. Denver, Colorado MC-2211 PROJECT MANUAL SCHOOL DISTRICT NO. 1 IN THE CITY AND COUNTY OF DENVER AND STATE OF COLORADO PROJECT: Columbian Re-Roof LOCATION: Project # Columbian PP2211 BID #: 14-MC-2211 DATE: December 11, 2013 Architect TechniScan, Inc S. Bellaire St., Suite 1400 Denver, CO 80222

2 Purpose: VENDOR ACKNOWLEDGEMENT The purpose of this Solicitation is to provide Denver Public Schools a bid for Columbian Re- Roof described in the Scope of Work/Specifications and the Agreement. Date: December 11, 2013 Proposal number: Proposal title: Mandatory Pre-Bid Conference Bid No.: 14-MC-2211 Columbian Re-Roof December 12, 2013, 10:00 am at Columbian E.S W. 40 th Ave. Denver, CO Bids will be received until: December 19, :00 PM, Local Denver Time at 1617 S. Acoma St., Denver, CO For additional information please contact: Address Documents included in this package: Michael Craig, Strategic Sourcing Michael_craig@dpsk12.org Vendor Acknowledgement Instructions to Vendors Bid Form Bid Bond Form Performance and Payment Bond Form Illegal Alien Certification Form Contractor Safety Statement Construction Agreement Construction Agreement Exhibits General Conditions Scope of Work/Specifications The undersigned hereby affirms that (1) he/she is a duly authorized agent of the Vendor, (2) he/she has read all terms and conditions, technical specifications and all other Solicitation Documents which were made available in conjunction with this Solicitation and fully understands and accepts them, (3) that the offer is being submitted on behalf of the Vendor in accordance with any terms and conditions set forth in this document, and (4) that the Vendor will accept any awards made to it as a result of the offer submitted herein for a minimum of ninety (90) calendar days following the date of submission. VENDOR PRINT OR TYPE YOUR INFORMATION (Include this form in your proposal) Name of Company: Fax: Address: City/State: Zip: Contact Person: Title: Phone: Authorized Representative s Signature: Phone: Printed Name: Title: Date: Address: Approved by: Date:

3 SCHOOL DISTRICT NO. 1 IN THE CITY AND COUNTY OF DENVER AND STATE OF COLORADO INSTRUCTIONS TO VENDORS ***ALL PRE-BID MEETINGS WILL START PROMPTLY AT THE TIME STATED, ANY VENDOR ARRIVING AFTER THE SCHEDULED TIME WILL NOT BE PERMITTED TO BID*** In addition to matters appearing in the Base Bid form, all vendors shall pay close attention to the following: SCHEDULE OF ACTIVITIES: The following activities outline the process to be used to solicit vendor responses and to evaluate each vendor proposal. December 2, 2013 December 12, 2013 December 16, 2013 December 19, 2013 August 8, 2014 September 12, 2014 Distribute Invitation to Bid Mandatory pre-bid conference Deadline for submitting questions Bid due date Substantial Completion Final Completion Sealed bids will be received by School District No. 1 in the City and County of Denver and State of Colorado at the Construction Services Offices (Mitchell Elementary), 1617 S. Acoma St., Denver, CO Attn: 14-MC-2271 Until 2:00 PM on December 19, 2013, at which time bids there will be a public bid opening. Bids received after closing time of 2:00 P.M. will be returned unopened. The project is to be substantially completed by August 8, The entire project is to be completed in time to be accepted by the District on or before September 12, 2014, or as otherwise provided for in the specifications. 1 Bid Forms: All forms used must be the forms prepared by the District. They include the following: Base Bid Bid Bond (unless the required Bid Guaranty is in the form of a cashier s or certified check). BDOP Participation Report submitted to BDOP (Business Diversity Outreach Program (formerly HUBS)) Coordinator within three (3) working days of bid date Proof of Advertisement: For bids of $250,000 and above, the Contractor shall submit as part of bid documentation, a copy of contractor s advertisement inviting bids from BDOP contractors as specified in the General Conditions All blank spaces in these forms must be completely and correctly filled in with ink or typewriter. In case of conflict between words and numerals, the words will govern, unless obviously incorrect. A bid must be submitted on all alternates listed. The Bid Bond (if this type of Bid Guaranty is used) must be accompanied by a duly executed Power of Attorney from the surety company.

4 NOTE: If Bid is by: Individual Partnership The person signing the Bid should state below his signature that he is the sole owner of his business. The partner signing the Bid should state that he is a partner of the firm making the bid. Corporation The officer signing the Bid must be the president or vice president of the corporation. He must state his title and make certain that the seal of the corporation is affixed and attested by the secretary or assistant secretary of the corporation. Anyone signing a Bid as agent must submit with the Bid evidence proving that his signature thereto is binding upon his principal. 2 Submitting Bid: Bids must be submitted in duplicate (one original and one copy) in sealed envelopes marked as follows: (Faxed bids are not acceptable) Name and Address of Vendor Bidding Denver Public Schools Construction Services Strategic Sourcing Department 1617 S. Acoma St. Denver, CO ATTN: 14-MC-2211 Time of Opening: (Write on envelope the date and time set for the opening of bids.) If delivered: Denver Public Schools, Construction Services (Mitchell Elementary, 1617 S. Acoma St., Denver, CO attn: 14-MC-2211 Strategic Sourcing Dept. If bids are delivered on date due, it is suggested that vendors arrive one-half hour early to allow sufficient time for parking and receiving. There is limited parking on the street. Limited visitor parking is available in the paved DPS lot. If mailed: Denver Public Schools, Attn: 14-MC-2211 Strategic Sourcing Dept., 1617 S. Acoma St., Denver, CO If the bid is sent by mail, use registered mail. Enclose the sealed bid (envelope marked as indicated above) in the mailing envelope. No bid will be considered unless received prior to the time and at the place designated in the Advertisement for Bid. Each bid must be submitted on a form prepared by School District No. 1 and must be accompanied by a Bid Guaranty in an amount not less than five per cent of the total bid price. 3 The Bid Guaranty may be (1) a cashier's check, (2) a certified check, or (3) a bid bond submitted on a form prepared by the School District. The Bid Guaranty must be payable to the School District as a guaranty that the bid submitted will not be withdrawn for ninety days after the opening of the bids, and that, if the bid is accepted, the vendor will, within the prescribed time, enter into the required formal Agreement with the School District and furnish the required Contractor's Performance Bond and Certificates of Insurance, the amount of such Bid Guaranty to be paid to the School District as liquidated damages if such guaranty is not fulfilled.

5 4 Method of Award: Award of individual contracts will be based upon the total amount of the base bid plus any alternates selected to be included in the contract. Selection of alternates will be based on the availability of funds. Alternates will be selected as judged by the District to provide the best value to the District within the funds available for the project. 5 Inconsistencies and omissions: Any seeming inconsistencies between any plans or specifications or provisions of the contract documents, or any other matter seeming to require explanation, must be inquired into by the prospective vendor at least 72 hours (excluding Sundays and holidays) prior to the time set for the opening of bids. Decisions of major importance on such matters will be issued in the form of addenda. All addenda shall become part of the contract documents and receipt of the same by the vendor must be acknowledged on the Base Bid form. If any prospective vendor notices that any sheet or page or other portion of the contract documents is missing, it shall be his responsibility to obtain such missing sheet, page or other portion. 6 Approvals: Requests for approval of equal products or materials must be written and must be received by the architect at least seven (7) working days prior to the bid opening. Requirements for the form and content of such requests are included in the contract documents. No request for substitutions will be considered after bid opening. 7 ELIGIBILITY OF VENDORS - MUST BE ENGAGED IN SUPPLYING PRODUCTS OR SERVICES RENDERED: Pre-award inspection of the Vendor's facility may be made prior to award of the contract. Solicitations will only be considered from firms which have been engaged in the business of manufacturing or distributing the goods and/or performing services as described in this solicitation. The Vendors must be able to produce evidence that they have an established satisfactory record of performance for a reasonable period of time and have sufficient financial support, equipment and organization to ensure that they can satisfactorily execute the services if awarded a contract. The term equipment and organization as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the District. The District reserves the right, before awarding the contract, to require a Vendor to submit such evidence of its qualifications as it may deem necessary, and may consider any evidence available to it (including, but not limited to, the financial, technical and other qualifications and abilities of the Vendor, including past performance and experience with the District) in making the award in the best interest of the District. Local office shall be required: Due to the service level required in conjunction with this Solicitation, the Vendor shall maintain an office within the Colorado, area. This office shall be staffed by a competent company representative(s) who can be contacted during normal business hours and who is authorized to discuss matters pertaining to the contract. Withdrawal of bids: Offers may be withdrawn prior to the time and date set for the opening. Such requests must be made in writing on company letterhead. Offers may not be withdrawn after the time and date set for the opening for a period of ninety calendar days. If an Offer is withdrawn by the Vendor during this ninety day period, the District may, at its option, suspend the Vendor from the bid list and may not accept any Offer from the Vendor for a six month period following the withdrawal. 8 Applicable laws and regulations: Each vendor will be assumed to be familiar with all state and local laws, charter provisions, codes, ordinances and regulations which might in any manner affect the work to be done or those to be employed in or about the work. No plea of misunderstanding or ignorance on the part of any successful vendor will in any way excuse such vendor from the necessity of full compliance with every such law, charter provision, code, ordinance and regulation. i. Corporations and Partnerships: Vendors on public contract for services shall comply with the provisions of CRS et seq., which requires a Contractor to certify that the Vendor and its sub-contractors do not knowingly employ illegal aliens on public contracts for services. Non-compliance with certification requirements may result in penalties including termination of the awarded contract. If so terminated, Contractor shall be liable for all actual and consequential damages; or

6 ii. Sole Proprietorships and Individuals: Vendors on public contract for services who are sole proprietors and persons eighteen years of age or older shall comply with the provisions of CRS et seq., which requires the submission of a sworn affidavit that you are lawfully present in the United States before signing of the Agreement for any public benefit such as this contract. Any person who knowingly makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be in violation of C.R.S See the bid documents and the contract s general terms and conditions for additional information. 9 Preference to Colorado Materials: The work shall be done by materials produced or manufactured in Colorado, provided Colorado materials can be obtained in marketable quantities and provided that such preference need not be given to materials of a quality inferior to the quality of the materials offered by competitors outside the state, although a differential of not to exceed 5% may be allowed in cost of Colorado materials of equal quality, all as provided by law. 10 Mandatory Pre-Bid Meeting: All prospective vendors are required to attend a mandatory pre-bid conference commencing at 10:00 AM local time, on December 12, 2013, at 2925 W. 40 th Ave. Denver, CO Independent inspections of the sites may be conducted by the vendors Monday through Friday from 3:00 p.m. 5:30 p.m. during the bid period. The vendors must check into the school s office to obtain a visitor s pass and must also check out of the office. 11 Equal Opportunity: The District intends and expects that the contracting processes of the school district and its contractors provide equal opportunity without regard to gender, race, ethnicity, religion, age, or disability and that its contractors make available equal opportunities to the extent third parties are engaged to provide goods and services to the school district as subcontractors, vendors, or otherwise. Accordingly, the contractor shall not discriminate on any of the foregoing grounds in the performance of the contract and shall make available equal opportunities to the extent third parties are engaged to provide goods or services in connection with performance of the contract. The Vendor shall disseminate information regarding all subcontracting opportunities under this contract in a manner reasonably calculated to reach all qualified potential subcontractors who may be interested. The contractor shall maintain records demonstrating its compliance with this article and shall make such records available to the Owner upon the Owner s request. 12 Intent to Award Notice: The recommendation for award shall be posted on the District's Strategic Sourcing Department web page at: ( It is the sole responsibility of the vendor to check the website periodically for the award recommendation. This shall serve as notice to all Vendors of the District's intent to make award to the lowest responsive/responsible Vendor(s). Vendors may request a copy of the tabulation sheet by ing the buyer at brian_swift@dpsk12.org. If it is determined by the District that there are no Vendors that could be grieved by the award of this solicitation, The District reserves the right to waive or shorten the protest period and proceed with award. 13 APPEAL OF AWARD. Vendors may appeal by submitting, in writing, a detailed request for reconsideration to the District's Executive Director of Facility Management within 72 hours after the recommendation of award is posted on the Strategic Sourcing Department's web site at provided that the appeal is sought by the Vendor prior to the District finalizing a contract with the selected vendor. 14 Execution of Documents: The vendor to whom the work is awarded will be required to execute three copies of the formal Agreement with the School District, on forms supplied by the District, to furnish, at the vendor's expense, three fully executed copies of the required Contractor's Performance and Payment Bond, and to furnish the requisite Certificates of Insurance and insurance endorsements, all within five (5) business days from the date of the Notice of Award. If such vendor fails to execute said Agreement and to furnish said Bond and Insurance documents within said five (5) day period, the District shall be entitled to collect the amount of such vendor's Bid Guaranty as liquidated damages, to consider all rights arising out of the District's acceptance of such vendor's Bid as abandoned and to award the work covered by such Bid to another, or to re-advertise the work, or otherwise dispose of the work, as the District may see fit.

7 15 Owner s Project Representative: All questions regarding the Specifications and Contract Documents for this project shall be directed to: DPS Strategic Sourcing: Michael Craig, Strategic Sourcing Michael_craig@dpsk12.org 16 Special Note to All Vendors: Each vendor shall be assumed to be familiar with the complete set of Contract Documents and to have given due consideration to all existing conditions and limitations under which the work is to be performed. The submission of a bid will be construed as conclusive evidence that the vendor has made such examination. Vendor s failure to comply with all the requirements for bid including documents to be submitted therewith, the use of proper forms, their proper and complete execution including the filling in of all blank spaces therein, may well result in the rejection of bid. The School District reserves the right to reject any or all bids, to waive any informalities, and to accept any bid deemed desirable. 17 LIQUIDATED DAMAGES FOR DELAY The liquidated damages amount to be applied under Section 3.5 of the General Conditions of the Contract for delays in Substantial Completion is $ per day. The liquidated damages amount to be applied under Section 3.5 of the General Conditions of the Contract for delays in Final Completion is $ per day. 18 Rejection: Vendor s failure to comply with all the requirements for the bid including documents to be submitted therewith, the use of proper forms, their proper and complete execution including the filling in of all blank spaces therein, may result in a rejection of bid. This solicitation does not commit the District to award a contract, to pay any costs incurred in the preparation of a bid, or to procure or contract for the articles of goods or service. The District reserves the right to waive insignificant requirements, to accept or reject any or all bids or portions of bids for just cause received as a result of this request or to cancel in part or in its entirety this bid, if it is in the best interest of the District to do so.

8 DENVER PUBLIC SCHOOLS SCHOOL DISTRICT NO. 1 IN THE CITY AND COUNTY OF DENVER AND STATE OF COLORADO CONTRACT DOCUMENTS

9 BID FORM BASE BID TO: SCHOOL DISTRICT NO 1 IN THE CITY AND COUNTY OF DENVER AND STATE OF COLORADO PROJECT: Columbian Re-Roof LOCATION: 2925 W. 40 th Ave. Denver, CO MC-2211 School Base Bid Columbian E.S. $ Alternate # 1 Roof Deck 2 $ Alternate # 2 90 Mil membrane $ Name of Company: Contact Person: Title: Date: Authorized Representative s Signature:

10 14-MC-2211 Project Experience Qualifications Sheet Must list 1 project of at least $120, and 3 projects of at least $80, Project Value Location Owner Reference Contact Name Reference Contact phone DENVER PUBLIC SCHOOLS SUPPLIER PORTAL Effective July 1, 2013, all new business conducted with DPS will require you to be registered on the DPS Supplier Portal. The Denver Public Schools (DPS) District is modernizing its Financial Management and Strategic Sourcing business processes to include two-way web-based communication with its Suppliers and Vendors. The benefits extended to our supplier/vendor business partners that register with DPS include: Electronic Bidding Events/Solicitations. o Bids and Proposals sent directly to your personal Supplier Portal account o On-line bid responses, negotiations, awards, and much more Direct submission of electronic invoices (depending on your contractual relationship). Complete view of your contracts, purchase orders, invoices and payments online through your Supplier Portal. Ability to maintain your business profile, points of contact, diversity qualifications, list of commodities you wish to provide, W-9s, certifications and insurance documentation, along with optional subcontractor tracking. Historical record of your interaction and performance with DPS Access to the supplier portal can be found here: Supplier Portal User Guides are available at same link (under the Suppliers/Vendors link on the righthand of the page).

11 SCHOOL DISTRICT NO. 1 IN THE CITY AND COUNTY OF DENVER AND STATE OF COLORADO PROJECT: BID BOND LOCATION: KNOW ALL MEN BY THESE PRESENTS: That we [the Contractor] [hereinafter called Principal ], and [ hereinafter called Surety ], a corporation organized and existing under the laws of and duly authorized to transact such business in Colorado, are held and firmly bound unto School District No. 1 in the City and County of Denver and State of Colorado [hereinafter called Obligee ], in the sum of five per cent (5%) of the Principal s total bid price as lawful money of the United States, for the payment of which sum, well and truly to be made to the Obligee, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal is submitting a proposal, or bid, for the above described project for the Obligee, and said Obligee has required as a condition for receiving said proposal that it be accompanied by the specified Proposal Guaranty in an amount not less than five percent (5%) of the Principal s total bid price, in pursuance of which requirement this Bid Bond is made, executed, and delivered. Now, the condition of this obligation is such that if the Principal shall maintain said proposal or bid in full force and effect for ninety days after the opening of the bids for such project, or, if the Principal s proposal or bid is accepted, the Principal shall, within the prescribed time, enter into the required formal Agreement with the Obligee, furnish the required Certificates of Insurance and furnish the required Contractor s Performance Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. Signed, sealed, and delivered this day of, 20 (SEAL) PRINCIPAL Attest: By Title By Title (SEAL) SURETY By Attorney-in-Fact THIS BOND MUST BE ACCOMPANIED BY A POWER OF ATTORNEY SCHOOL DISTRICT NO.1

12 Bond No. (the Bond ) IN THE CITY AND COUNTY OF DENVER AND STATE OF COLORADO PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that, as Principal (the Principal ), and, a corporation organized and existing under the laws of the State of, and authorized to transact business in the State of Colorado, as Surety (the Surety ), jointly and severally, bind themselves, their heirs, personal representatives, successors, and assigns to the SCHOOL DISTRICT NO.1 IN THE CITY AND COUNTY OF DENVER AND STATE OF COLORADO (the Owner ), in the principal amount of ($ ) as adjusted by approved change orders (not to exceed ten (10) percent of the principal amount of this Bond unless expressly approved by the Surety, which approval shall not be unreasonably withheld) and interest as provided by law (collectively referred to herein as the Penal Sum ), for the performance of and payment of all amounts due under the agreement between the Principal and the Owner, dated, 20, (the Agreement ) for the following project: (the Project ), together with the obligations of the Contract Documents, as defined in the Agreement, all of the documents are incorporated by this reference and shall be, collectively, referred to as, the Contract. The condition of this obligation is such that, if the Principal shall at all times duly, promptly, and properly perform all the terms and conditions of the Contract and any authorized modifications thereof during the original term of the Contract, any extensions thereof that may be granted by the Owner, and during the term of any guarantee or warranty required under the Contract; and promptly make payment of all amounts, claims, or demands lawfully due to all persons, firms, associations, or corporations supplying or furnishing to the Principal or its subcontractors labor or materials, supplies, or equipment which are used, provided, or performed in the prosecution of the work provided for in the Contract and any and all duly authorized modifications of the Contract that may hereafter be made, then the Principal and Surety shall have no obligation under this Bond, otherwise, it shall remain in full force and effect and the Surety shall pay the full value of all payment amounts, claims or demands lawfully due and shall indemnify and hold the Owner harmless from all payments which the Owner may be required to make under the Contract or applicable law in excess of the Contract price not exceeding the amount of this obligation, together with interest as provided by law, as well as attorneys fees and costs incurred by the Owner in the resolution of any claim. Whenever the Owner terminates the Contract in accordance with the terms thereof, the Surety shall, within fifteen (15) calendar days after written notice of such termination, notify the Owner in writing of its election to complete the Contract in accordance with its terms, or notify the Owner that the Surety elects not to complete the Contract. If the Surety fails to give the written notice so required within such time period, then it will be deemed to have elected not to complete the Contract. Should the Surety elect to complete the Contract, it shall, within fifteen (15) additional calendar days following the date of receipt of the written notice of such election and with the Owner s written approval, obtain a contractor to complete the work in accordance with the original Contract s terms and conditions and thereafter proceed to work with due diligence and as the work progresses make available sufficient funds to pay the cost of completion less the balance of the Contract price. The Surety may not engage the Principal to complete the Contract, without the prior written consent of the Owner, which consent may be withheld at the sole and absolute discretion of the Owner.

13 If the Surety elects to complete the Contract, then it shall be entitled to receive the balance of the Contract price, less (i) any amounts paid by the Owner to the Principal; (ii) costs incurred by the Owner in correcting any defective work; (III) any additional legal, design professional, and other costs incurred by the Owner resulting from the Principal s default; and (iv) liquidated damages caused by delayed performance or nonperformance of the Principal. Any progress payments, less retainage, due but not paid at the date of termination shall be paid to Surety so long as the Surety has agreed to indemnify the Owner for the amount thereof and no other claims have been made to such funds by subcontractors or suppliers in accordance with the Contract or applicable law. In the event the Surety elects not to complete the Contract, the Owner may then have the work completed by such means and in such manner, by contract with or without public bidding, or otherwise, as it may deem advisable. The Surety in such event shall at all times make available, sufficient funds, which at no time shall exceed the Penal Sum, as work progresses under the Contract between the Owner and its new contractor, and will pay the cost of the completion of the Contract pursuant to its terms, together with the other amounts set forth in sections (i) through (iv) above, but in no event shall the Surety be responsible for the payment of any sums to the Owner until the Owner has agreed to pay its total obligation according to the terms of the Contract, plus change orders, less deductions and claims chargeable by law or by the Contract, if any, and less the retainage which will be disbursed as proved by the Contract Documents and applicable law. The procedures set forth herein shall apply should there be a default and termination or a succession of defaults and terminations in fulfilling the terms and conditions of the work under the Contract. Any judgment recovered hereunder by the Owner shall include interest at the legal rate, together with reasonable attorneys fees and costs. IN WITNESS WHEREOF said Principal and Surety have executed this Bond, this day of A.D., 20. (PRINCIPAL S CORPORATE SEAL) ATTEST: Principal: By: Print Name: Title: Date: By: Print Name: Title: Date: Surety: (SURETY S CORPORATE SEAL) By: Print Name: Attorney-in-fact Date: THIS BOND MUST BE ACCOMPANIED BY A POWER OF ATTORNEY Best s Rating: Best s Financial Rating: Date:

14 DENVER PUBLIC SCHOOLS WORKER STATUS CERTIFICATION STATEMENT REGARDING ILLEGAL ALIENS [Reference HB 1343 Certification] CERTIFICATION STATEMENT FOR CORPORATIONS & PARTNERSHIPS The Vendor, whose name and signature appear below, certifies and agrees as follows: 1. The Vendor shall comply with the provisions of CRS et seq. 2. The Vendor shall not knowingly employ or contract with an illegal alien to perform work under this purchase order or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien. 3. The Vendor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, or (ii) otherwise shall comply with the requirements of CRS (2)(b)(I). 4. The Vendor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment If the Vendor fails to comply with any requirement of this provision or CRS et seq., the School District may terminate the above referenced purchase order for breach and the Vendor shall be liable for actual and consequential damages to the School District. CERTIFIED and AGREED to this day of, 20 Name of Firm (print) Signature of Authorized Representative Name of Authorized Representative (print) Denver Public Schools Project Name

15 DENVER PUBLIC SCHOOLS WORKER STATUS AFFIDAVIT REGARDING ILLEGAL ALIENS [Reference HB06:1023 Certification] AFFIDAVIT FOR SOLE PROPRIETORS & INDIVIDUALS I,, swear or affirm under penalty of perjury under the laws of the State of Colorado that (check one): I am a United States citizen, or I am a Permanent Resident of the United States, or I am lawfully present in the United States pursuant to Federal law. I understand that this sworn statement is required by law because I applied for a public benefit. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signature Date Name (print) Denver Public Schools Project Name

16 DENVER PUBLIC SCHOOLS DEPARTMENT OF FACILITY MANAGEMENT Construction Safety Standards Acknowledgement Form I have been informed that the Construction Safety Standards have been made available to me and that it is an OSHA and U.S. Department of Labor requirement that I must provide a safe workplace environment free from safety hazards. The DPS Construction Safety Standards may be found at: I am aware that the terms of the Construction Agreement provide that all Contractors shall have a written Safety and Health Program Plan that complies with current laws regarding worker health and safety and the prevention of accidents or injury to persons on or about the site (including the Occupational Safety and Health Act of 1970 as amended, the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910 as amended, safety laws of the State of Colorado, and other safety laws and regulations). These written plans shall be available for Owner s review at each worksite. Each Contractor s employee is responsible for complying with applicable safety and occupational health requirements, wearing prescribed safety and health equipment, reporting unsafe conditions/activities, preventing avoidable accidents, and working in a safe manner. Contractor s employees are required to wear the following minimum Personal Protective Equipment (PPE) while on Owner s worksite: A. Hard Hat B. Safety Glasses C. Safety Vest D. Safety Shoes E. Safety Gloves if activity requires hand protection F. Other PPE as appropriate for work activity The Prime Contractor is responsible for ensuring subcontractor and sub sub contractor compliance with the safety and occupational health requirements as contained within the contractor s written Safety and Health Program Plan. DATE: SIGNATURE: NAME: COMPANY AND/OR CONTRACTOR:

17 FACILITY: FACILITY MANAGEMENT CONSTRUCTION SERVICES TEL FAX WEB Contractor Confined Space Safety Acknowledgement PROJECT NAME: PROJECT NUMBER: The Contractor has been advised that part or all of their work may be performed within an area designated as a Confined Space or Confined Space Permit Required zone within a DPS facility. The Contractor s responsibility is to perform all work in a safe manner to comply with all the terms of the Construction Agreement including having a written Safety and Health Program Plan that complies with current laws regarding worker health and safety and the prevention of accidents or injury to persons on or about the site (including the Occupational Safety and Health Act of 1970 as amended, the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910 as amended, safety laws of the State of Colorado, and other safety laws and regulations). It is the Contractor s responsibility to comply with 29 CFR of the Occupational Safety and Health Act Regulation Standards pertaining to entering and working in a designated Confined Space area. By acknowledgement of this provision, Contractor assumes all responsibility in performance of their work according to standard best safety practices. Contractor acknowledges they have been informed of the hazard(s) found within the designated area, and is aware there may be additional hazards not yet identified. The Prime Contractor is responsible for ensuring subcontractor and sub-subcontractor compliance with the safety and occupational health requirements as contained within the contractor s written Safety and Health Program Plan. DATE: SIGNATURE: PRINTED NAME: COMPANY AND/OR CONTRACTOR:

18 DENVER PUBLIC SCHOOLS SCHOOL DISTRICT NO. 1 IN THE CITY AND COUNTY OF DENVER AND STATE OF COLORADO Construction Agreement Construction Agreement Exhibits General Conditions

19 DRAFT CONSTRUCTION AGREEMENT This CONSTRUCTION AGREEMENT (this Agreement ) is entered into this day of, 20, by and between School District No. 1 in the City and County of Denver and State of Colorado (the Owner ) and [full legal name], a [state of formation and type of entity, e.g., Colorado corporation, Colorado limited liability company, etc.] ( Contractor ). In consideration of the covenants and agreements contained in the Contract Documents, the sufficiency of which is hereby acknowledged by the Contractor and Owner, Contractor and Owner hereby promise and agree as follows: Article 1. KEY TERMS; DESCRIPTION OF THE PROJECT 1.1 The Project. The Project consists of the construction of [an addition to] [a remodeling of] [a remodeling of part of] a building [or facility] known as. The principal function of this [building/facility] is [will be]. Owner s project number for the Project is. The Project may be further described on Exhibit A. 1.2 The Contract Sum The Contract Sum shall be the amount of $, which shall be full compensation to the Contractor for all of the Work described in the Contract Documents General conditions costs shall be identified on the Schedule of Values, but there is no separate General Conditions Fee under this Contract There is no separate Contractor Fee under this Agreement. The Contract Sum includes Contractor s profit and compensation for Contractor s overhead and administrative expenses. 1.3 The Contract Documents. The Contract Documents include: All written modifications or amendments to this Agreement, including Change Orders; This Agreement, including all exhibits and attachments; The General Conditions of the Contract; Construction Documents prepared and approved in accordance with this Contract; The following other documents, if any:. The Contract Documents are intended to be complementary, and anything required by any of the Contract Documents shall be as binding as if required by all of the Contract Documents. In the event of inconsistencies in requirements between different parts of the Contract Documents, unless Owner otherwise agrees in writing, Contractor shall provide the better quality or greater quantity. In the event of any irreconcilable difference between different provisions of the Contract Documents, the provision or requirement set forth in the Contract Document first appearing in the list above shall control. Rev. 12/

20 1.4 Contractor s Role in General; The Work. Contractor accepts the relationship of trust and confidence established with the Owner by the Contract Documents. Contractor agrees to furnish efficient business administration and superintendence and to use its best efforts to perform the Work in the best and most sound way and in the most expeditious and economical manner consistent with the interests of the Owner, within the time periods provided in the Milestone Schedule. 1.5 Exclusions. The scope of the Work shall not include, and Owner shall be responsible for, any items listed on Exhibit C. Article 2. DEFINITIONS AND INTERPRETATION 2.1 Defined Terms Terms Defined in the General Conditions of the Contract. Initially capitalized terms used but not defined in this Agreement shall have the meanings given them in the General Conditions of the Contract Agreement. This Construction Agreement, including exhibits hereto Contract Sum. Defined in Section above Contract Documents. Defined in Section 1.3 above Owner Parties. Defined in Exhibit A Project. Defined in Section 1.1 above and Exhibit A Self-Work. Any of the types of Work described on Exhibit D and any other part of the Work as to which Owner consents in writing to performance by Contractor as Self-Work (which consent shall not unreasonably be withheld) to the extent that such work is actually directly performed by Contractor and is not performed through a Subcontractor. Article 3. PROGRESS PAYMENTS 3.1 Applications for Payment. In addition to the documents and information required by the General Conditions of the Contract, Contractor s Applications for Payment shall include a statement in form approved by Owner setting forth (A) the percentage of the Work completed and the materials stored on the Site for the period ending the last day of the month for which the Progress Payment is requested for each category of the Schedule of Values, (B) the amount previously invoiced under the Contract, (C) the amount previously retained, (D) the net amount to be paid on the current Progress Payment (less applicable Retainage), and (E) the amount of the Contract Sum remaining unpaid if the requested payment is made in full. 3.2 Amount of Progress Payments. The net amount to be paid based on an Application for Payment shall be (a) the total of the amounts obtained by applying the percentage of completion for each line item in the Application for Payment to the price for that item in the Schedule of Values, less (b) the total amount of previous Applications for Payment. Article 4. MISCELLANEOUS 4.1 Claims for Damages. Should either party suffer injury or damage to persons or property because of any act or omission of the other party or of any of its employees, agents, or others for whose acts it is legally liable, a claim shall be made in writing to such other party, with a copy to the Architect, within the time period required by the express terms of this Agreement and the -2-

21 General Conditions of the Contract, or if not specified in this Agreement or the General Conditions of the Contract, within a reasonable time after such injury or damage. 4.2 Assignment; Successors and Assigns. Neither party to the Contract shall assign it or subcontract it as a whole without the written consent of the other. The Contractor shall not assign its interest in any amounts due or to become due to it under the Contract without the written consent of the Owner. Subject to the foregoing provisions of this Section, the Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 4.3 Entire Agreement. This Agreement, the General Conditions of the Contract, any other Contract Documents, and all exhibits thereto constitute the entire agreement between the parties with respect to the Project and all prior proposals are hereby terminated. [The remainder of this page is intentionally blank.] -3-

22 Signature page to Construction Agreement: Executed to be effective as of the date first written above. [Signature block for corporation as contractor:] Contractor: (CORPORATE SEAL) [Fill in full legal name of entity,] a Colorado corporation [if the entity was formed in another state, identify that state instead] ATTEST: By: Print Name: Title: Date: By: Print Name: Title: Date: [Signature block for other entity:] Contractor:: [Fill in full legal name of entity,] a Colorado [state type of entity: limited liability company, limited liability partnership, etc.] [if the entity was formed in another state, identify that state instead] By: Print Name: Title: Date: [Owner signatures appear on the following page] -4-

23 Signature page to Construction Agreement: APPROVED AS TO FORM IN BEHALF OF SCHOOL DISTRICT NO. 1: Date: James T. Allen Interim Senior Director of Facilities Office of the General Counsel Date: Date: Trena Deane Executive Director, Facility Management David Suppes Chief Operating Officer Date: (S E A L) ATTEST: SCHOOL DISTRICT NO. 1 IN THE CITY AND COUNTY OF DENVER AND STATE OF COLORADO Print Name: Secretary, Board of Education Date: By: Print Name: President, Board of Education Date: -5-

24 TABLE OF EXHIBITS A. Project Information and Certain Key Terms B. Expenses Included in Cost of Work B-1. Method of Payment Matrix C. Schedule of Exclusions D. Schedule of Permitted Self-Work E. Arbitration Process F. Equal Opportunity Construction Contracting Procedures G. Schedule Requirements H. General Conditions of the Contract I. Supplementary General Conditions of the Contract (if any) J. Federal Funding Provisions (if applicable) J-1. Wage Determination (if applicable) -6-

25 DRAFT CONSTRUCTION AGREEMENT TABLE OF CONTENTS Article 1. KEY TERMS; DESCRIPTION OF THE PROJECT The Project The Contract Sum The Contract Documents Contractor s Role in General; The Work Exclusions... 2 Article 2. DEFINITIONS AND INTERPRETATION Defined Terms Article 3. PROGRESS PAYMENTS Applications for Payment Amount of Progress Payments... 2 Article 4. MISCELLANEOUS Claims for Damages Assignment; Successors and Assigns Entire Agreement i-

26 DRAFT EXHIBIT A PROJECT INFORMATION AND CERTAIN KEY TERMS Project Name: Project No. Contractor: 1. GENERAL DESCRIPTION OF PROJECT: [Insert a narrative description of the scope of the project. If there is a separate written document that describes the scope of the project, a cross-reference may be included here so long as it is unambiguous (include document dates, authors, etc.) and the document should be attached if practicable or clearly identified as a Contract Document.] 2. MILESTONE SCHEDULE BOE Approval of Construction Contract: Building Permit Granted: Required Substantial Completion Date: Required Final Completion Date: 3. PROJECT TEAM The key members of the Project Team provided by Contractor include: Contractor s Project Manager: [Add others, if there will be more.] 4. ADDITIONAL LIABILITY INSURANCE COVERAGE REQUIREMENTS Umbrella or Excess Following Form Insurance: $3,000,000 per occurrence and in the aggregate. (See Section of the General Conditions of the Contract.) Pollution Liability Insurance: Not required initially (Owner may later require as provided in Section 12.4 of the General Conditions of the Contract). Minimum limits of $ per occurrence and in the aggregate (see Section 12.4 of the General Conditions of the Contract). 5. LIQUIDATED DAMAGES FOR DELAY 5.1 The liquidated damages amount to be applied under Section 3.5 of the General Conditions of the Contract for delays in Substantial Completion is $.00 per day. 5.2 The liquidated damages amount to be applied under Section 3.5 of the General Conditions of the Contract for delays in Final Completion is $.00 per day. Construction Agreement Exhibits A-1 Rev. 01/2012

27 6. FEDERAL FUNDING If this box is checked, Owner expects to pay for the Project using funds from United States government sources, and Section 4.17 of the General Conditions of the Contract, the provisions of Exhibit J, and the wage determination attached as Exhibit J-1 shall apply to the Project. 7. COP REQUIREMENTS If this box is checked, then (i) Owner Parties shall include, in addition to the parties otherwise identified in this Agreement, Denver Public Schools Leasing Corporation and J.P. Morgan Trust Company, National Association, (ii) Contractor acknowledges that Owner under this Agreement is the tenant of the Project site and Denver Public Schools Leasing Corporation is the owner, and (iii) unless Owner and Contractor otherwise agree in writing, Owner shall be responsible to obtain from the property owner all consents and approvals required under the lease of the Site with respect to the Project. 8. TESTING Contractor shall with due diligence study and evaluate all testing reports furnished by Owner, Architect, or their consultants, and any reports obtained by Contractor. Contractor shall advise Owner and Architect of any impact of such reports on the construction and contemplated utilization of the Project. Contractor shall not be held responsible for the accuracy of Ownerfurnished information, provided that Contractor shall notify Owner of any inaccuracy or incompleteness in information furnished by the Owner that is apparent in the exercise of reasonable professionally diligent review. 9. AS-BUILTS, MANUALS At Substantial Completion, Contractor shall deliver to Architect one (1) complete set of As-Builts and all required documents and manuals under Section 4.10 of the General Conditions of the Contract. 10. NOTICE ADDRESSES OF THE PARTIES Address for notices to Owner: [with a copy to:] Address for notices to Contractor: A-2

28 DRAFT EXHIBIT B COST OF WORK The Contract Sum is a stipulated sum and does not vary according to the Cost of Work. There is no Exhibit B-1. B-1

29 DRAFT EXHIBIT C SCHEDULE OF EXCLUSIONS The following items are excluded from the scope of the Work: 1. Architectural services. 2. [List others.] C-1

30 DRAFT EXHIBIT D SCHEDULE OF PERMITTED SELF-WORK [None] D-1

31 DRAFT EXHIBIT E DISPUTE RESOLUTION Disputes, concerning the interpretation of, the meaning of the construction documents or the performance of any work under this Agreement between Contractor and Owner (the Parties ), which cannot be resolved by designated representatives of the parties shall be subject to the provisions and procedures of the Dispute Resolution hereof. Except as otherwise provided herein, with respect to any Dispute that may arise under this Agreement, it shall be a condition precedent of the Parties to stay any legal action and before pursuing any litigation in a court of competent jurisdiction, for the Parties to work, in good faith, to resolve all Disputes, including any legal claims, that may arising out of any Dispute under this Agreement and agree to follow the Dispute Resolution process and procedures up to and until a final decision rendered. All Disputes shall be conducted in accordance with the following provisions unless Owner and Contractor agree, in writing, that no Dispute which has not then already been submitted to Dispute Resolution, shall be subject to Dispute Resolution hereunder if one hundred eighty (180) days or more have passed since the Final Completion of the Project and one of the Parties has instituted litigation with respect to such Dispute before the time that Dispute Resolution of such Dispute has been demanded in accordance herewith. Capitalized terms not otherwise defined in this Exhibit shall have the same meanings assigned to them in the Agreement. 1. Good Faith Resolution. Any Dispute will initially be resolved informally. The Parties shall attempt in good faith to resolve promptly any Dispute by negotiation between representatives who have authority to settle the dispute ( Authorized Representatives ). The Authorized Representatives must not be any person with direct responsibility for administration of this Agreement. 2. Executive Director. Any Dispute that is not resolved under Section 1 of this Exhibit E, shall be referred to the Executive Director of Facilities (the Executive Director ) who will render a final determination. 3. Notice of Demand for Dispute Resolution. In order to initiate Dispute Resolution, the Party demanding Dispute Resolution shall give the other Party telephonic notice of the demand and shall give written notice demanding Dispute Resolution to such Parties. Such written notice shall identify the issues in dispute. Any time periods based on the date of notice of the demand for Dispute Resolution shall be measured from the date such written notice is given in accordance with Article 16 of the Agreement. 4. Time and Place for Meeting. Upon written request from either Party to the Executive Director, the Executive Director shall schedule a meeting (the Meeting ) at the Executive Director s office within three (3) days of receipt of the request. Owner and Contractor shall both attend the Meeting with the Executive Director and each Party shall be represented as it determines to be appropriate. At or before the Meeting, either Party may, at its option, submit a short written statement describing the matter in dispute and its position in regard to the same. At the Meeting, the Parties shall show the Executive Director the parts of the Work or the drawings, or plans and specifications in dispute and each Party shall make such presentation of its case at the Meeting as its shall determine. The Meeting shall continue (including from day to day if required) until all presentations permitted by the Executive Director have been completed. Unless agreed to at the Meeting by the Executive Director, neither Party shall be entitled to make any submission after the Meeting as to any matter discussed at the Meeting. 5. Executive Director s Decision. The Executive Director shall deliver a decision as to each issue discussed at a Meeting to the Parties promptly and, in any event, within five (5) business days following the conclusion of the Meeting as to any Dispute discussed at a Meeting. Each decision shall be rendered in a reasoned writing explaining the basis therefor in sufficient detail for a third party to understand the basis for the decision (the Decision ). The Executive Director s decision is final. E-1