INVITATION FOR BID B For NTP LANDSCAPING SERVICES

Transcription

1 6450 York Street - Denver, Colorado (303) Telefax (303) APRIL 17, 2018 INVITATION FOR BID B For NTP LANDSCAPING SERVICES This bid is being made available by electronic means. The bidder acknowledges and accepts full responsibility to ensure that no changes are made to the bid. In the event of conflict between a version of the bid submitted by bidder and the version maintained by the Metro District's Purchasing Division, the version maintained by the Metro District's Purchasing Division shall govern. THIS DOCUMENT CONTAINS EVENTS FOR WHICH DATES HAVE BEEN ESTABLISHED. COMPLIANCE WITH THESE DATES IS MANDATORY AND CANNOT BE WAIVED. CLOSING DATE: Friday, May 4, 2018 CLOSING TIME: 10:00 A.M. (LOCAL TIME) Contact: Kelly Cisneros Strategic Sourcing Lead (303) kcisneros@mwrd.dst.co.us Serving Greater Denver WE USE RECYCLED PAPER

2 SCOPE It is the intention of the Metro Wastewater Reclamation District (District) to issue a one-year contract for all labor, equipment and services required for landscape maintenance services the Metro District s Northern Treatment Plant (NTP). The Northern Treatment Plant is located at 51 Baseline Road, Brighton, Colorado, The contractor shall be required to perform the work in accordance with the bid specifications listed in this document. The contract period shall be from approximately May 15, 2018 through October 31, Contract(s) for these services, if awarded, shall be for a period of one (1) year. It is also a specific provision of the proposal that the Metro District and the Contractor(s) may mutually agree to renew and continue the contract consummated under this proposal for additional periods under the same terms and conditions. However, the contract, including renewals, cannot exceed five years. Direct all technical questions concerning the street sweeping to Mark Anselmo, FM Supervisor, , or manselmo@mwrd.dst.co.us. Please cc: Kelly Cisneros, Strategic Sourcing Lead, at kcisneros@mwrd.dst.co.us on all questions. Direct all questions concerning the bid process to Kelly Cisneros, Strategic Sourcing Lead, at or kcisneros@mwrd.dst.co.us. All bidders must visit Metro District s Northern Treatment Plant (NTP) at 51 Baseline Road, Brighton, Colorado prior to submitting a bid for NTP landscaping services. A Mandatory walk-through is scheduled for Wednesday, April 25, 2018 at 3:00 PM. (Local Time). All who intend to attend the mandatory walk-through must notify Kelly Cisneros via e- mail at kcisneros@mwrd.dst.co.us for plant entrance. Meet in the lobby of the Facility Support Building (#260) at 51 Baseline Road, Brighton, Colorado The successful vendor shall be required to furnish Metro District with certificates of insurance for the insurance types and limits as detailed on page 10 of this document. All bidders shall be required to complete and sign the HB1343 form on page 11 of this document and attach it as part of the bid package. All bids shall be submitted on the form provided here and uploaded online to the Rocky Mountain Bid System (BidNet) website. Hard copy bids or ed bids will not be accepted. A site map of the Northern Treatment Plant will be distributed at the walk- NOTE: through. Page 1

3 THE QUANTITY FIGURE LISTED IN THE TABLE BELOW REFLECT APPROXIMATE NUMBER OF SERVICES REQUIRED FOR THE ONE YEAR CONTRACT PERIOD. SHOW UNIT AND TOTAL PRICES FOR THE FOLLOWING ITEMS: ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL Each Mowing at the Administration/ Visitor Building # 250 (Sec ) $ $ Each Mowing Native Grass on the Central Plant From Building 260 to 840 (Sec ) $ $ Each Mowing Native Grass around Ponds and Trail area (Sec ) $ $ 4. 4 Each Each Mowing Native Grass In Grass Lined Detention Ponds (Sec. 2.70) Trimming Including around Detention Ponds and all buildings (Sec ) $ $ $ $ 6. 6 Each Edging Same as Above (Sec ) $ $ 7. Labor Regular Rate $ 8. Labor Overtime Rate $ 9. 2 Each Lawn Fertilizing Treatment. The District shall supply the granular fertilizer. (Sec ). $ $ Each Each Weed Control for Native Grass and Detention Pond area (Sec ) Weed Control for Native Grass and Effluent Ponds and Trail Areas (Sec ) $ $ $ $ Each Weed Control for lawn area (Sec ) $ $ Each Lawn Aeration (Sec. 9.10) $ $ Page 2

4 TOTAL COST FOR ONE (1) YEAR (TOTAL Cost excludes items 6 and 7) $ SPECIFICATIONS FOR LANDSCAPING SERVICES I. OBJECTIVE OF CONTRACT WORK All labor, material and equipment to provide quality landscaping services for the Metro Wastewater Reclamation District s Northern Treatment Plant (NTP) at 51 Baseline Road, Brighton, CO The quality of service shall be of the type to make the District s landscaping appear to be neat and aesthetically pleasing. II. CONTRACT WORK Contract work is expected to include the following services: 1. The Contractor shall submit a detailed plan with the bid that includes a complete schedule showing number of hours or days maintenance personnel will be present, the type of work, supervision to be received, equipment and supplies available. The schedule shall be subject to review and approval by the District. 2. Mowing (Section ) 3. Lawn Trimming (Section ) 4. Edging (Section ) 5. Sprinkler Repair (Section ) 6. Lawn Fertilizing Treatment (Section ) 7. Weed Control for rock areas (Section ) 8. Weed Control for lawn areas (Section ) 9. Lawn Aeration (Section ) III. CONTRACT WORK SPECIFICATIONS See Sections Section 1.0 Definitions OWNER: NTP: Shall mean Metro Wastewater Reclamation District, a metropolitan sewage disposal district, duly organized and existing under Chapter 89, Article 15, of Colorado Revised Statutes Metro Wastewater Reclamation District Northern Treatment Plant located at 51 Baseline Road, Brighton, CO Page 3

5 BID: The properly executed Bid submitted by the Bidder on the form prepared and furnished by the Owner for the Work contemplated. WORK: The completion of the various parts and portion of the services in accordance with the Contract. Section 2.0 Mowing 2.10 Schedule Mowing shall be done once a week consistently each week, either Tuesday, Wednesday or Thursday. During rain conditions, mowing shall be completed the next day. Contractor shall mow weekly from May 15, 2018 through October 31, Contractor shall be given one week notice prior to any week Owner does not want mowing done Cutting Length Grass/Turf shall be cut to three inches in height or as determined by Owner. Grass/ Native shall be cut to six inches in height or as determined by Owner 2.30 Location Map will be provided to Contractors at the walk-through indicating areas of the Plant that the Contractor shall mow regularly and intermittently Clippings Clippings shall be evenly spread over the grass area using normal discharge chute(s) with all discharge chutes in the down or closed position. Clippings shall be directed away from sidewalks, roadways, trees, flowerbeds, and other non-grass areas. Grass clippings shall be removed from all sidewalks, roadways, trees, and other non-grass areas Equipment Walk behind mowers or small riders. No large tractors. Contractor shall wash all equipment tires to prevent tracking herbicides onto turf and native grasses and sharpen mower blades before each cutting. Only walk-behind mowers will be allowed to operate on the lawn of the Administration building. Mower with stand is allowable. Walk behind and small riders with stand may be used on Native grass areas to include detention pond areas, effluent pond areas and trail areas Mowing Direction and Speed Owner reserves the right to direct how the Contractor shall cut the grass. This includes controlling the direction and speed the Contractor cuts the grass Mow Native Grass Some areas to be mowed are not irrigated. These areas shall be mowed approximately four times annually, from May to October as directed by the Owner. The Owner will direct any changes to the mowing area to the Contractor. See map for areas and locations. Page 4

6 Section 3.0 Lawn Trimming 3.10 Schedule Contractor shall trim once per week consistently each week, either Tuesday, Wednesday or Thursday, from May 15, 2018 through October 31, During rain conditions, trimming shall be completed within three (3) days, if weather permits. Contractor shall be given one week notice prior to any week Owner does not want trimming done Cutting Length Grass/Turf shall be trimmed to three (3) inches in height or as determined by Owner. Grass/ Native shall be cut to six inches in height or as determined by Owner 3.30 Location Contractor shall trim grass in the same areas that are mowed. Contractor shall trim around concrete and brick structures, sign posts, tree rings, fences, sprinkler heads, and light poles Clippings Grass clippings shall be removed from all sidewalks, roadways, trees, and other nongrass areas. Section 4.0 Edging 4.10 Schedule Contractor shall edge once a month on either Tuesday, Wednesday or Thursday, from May 15, 2018 through October 31, Cutting Length Contractor s edge cut shall be less than one (1) inch from sidewalks and curbs Location Contractor shall edge along all sidewalks and curbs Edging Debris Contractor shall collect and remove all edging debris immediately after edging Equipment Contractor shall sharpen edging blades before each cutting. Section 5.0 Sprinkler Repair 5.10 No Charge Repair Care shall be taken by the Contractor to ensure that there is no damage to the District s underground sprinkler system. Sprinklers damaged by the Contractor s equipment and/or personnel shall be repaired or replaced by the Contractor immediately after each mowing at no charge to the District. The Grounds Supervisor will determine who was responsible for damaging the sprinkler system. Page 5

7 5.20 Work Request Owner may request the Contractor, on an intermittent basis, to repair damaged sprinkler heads and/or lines not damaged by Contractor s equipment and/or personnel Repair Work Contractor s repair work shall be of good quality using industry accepted repair procedures Materials All materials will be supplied by the Owner and of the same type and quality as those used on District facilities. If there are questions direct them to the Facilities Maintenance Supervisor Repair Time Contractor shall start repair work within 24 hours after the Owner s request for repair work Payment Owner s payment to Contractor shall be based on total hours for repair work, labor bid rate, and Owner s approval of completed work. Section 6.0 Lawn Fertilizing Treatment 6.10 Schedule Contractor shall fertilize lawns in two phases. The date of the first application shall be in May 2018 on a day mutually agreed upon between the Owner and the Contractor. Subsequent dates shall be scheduled by the Owner. The Owner shall supply the granular fertilizer. The Owner reserves the right to cancel any of the application phases. The Owner shall give the Contractor a one-week notice if any application phase is to be cancelled Fertilizer Loading Rates The Contractor shall apply the fertilizer at the following rates: Phase Loading Rate, lbs./1000 sq. ft To be applied as soon as practicable after snow melts and will be provided by Owner To be applied as soon as practicable after snow melts and will be provided by Owner. Section 7.0 Weed Control for Rock Areas 7.10 Schedule The contractor shall apply chemical to control weeds in all rock areas of the Plant in three phases. Care will be taken to prevent damage to trees, shrubs, flowers and sod. Liquid chemicals and sprays will not be applied during windy conditions. Pre and post Page 6

8 emergent will be added to all herbicides to improve effectiveness. The approximate dates are as follows: Phase I May 15, 2018 Phase II July 10, 2018 Phase III October 2, 2018 The Owner reserves the right to cancel any of the application phases. The Owner shall give the Contractor a one-week notice if any application phase is to be cancelled Type of Weed Killer The Contractor shall use approved weed control chemicals, such as Roundup or Surflan, and apply them at a recommended rate to achieve effective weed control. A three-day minimum temporary colorant marker dye must be used so that coverage is verifiable. Pre and post emergent will be added to all herbicides to improve effectiveness. Owner must approve chemicals and supply SDS prior to application. Section 8.0 Weed Control for Lawn Area 8.10 Schedule The contractor shall apply chemical to all lawn areas in three phases. Care will be taken to prevent damage to trees, shrubs and flowers. Liquid chemicals and sprays will not be applied during windy conditions. Pre and post emergent will be added to all herbicides to improve effectiveness. The approximate dates are as follows: Phase I May 16, 2018 Phase II July 18, 2018 Phase III August 15, 2018 The Owner reserves the right to cancel any of the application phases. The Owner shall give the contractor a one week notice if any application is to be cancelled Type of Weed Killer The contractor shall use approved weed control chemicals such as amine 2-4-D and apply them at a recommended rate to achieve effective weed control and supply SDS. Pre and post emergent will be added to all herbicides to improve effectiveness. Owner must approve chemicals prior to application. Section 9.0 Lawn Aeration 9.10 Schedule Contractor shall aerate lawns two times per year. Once in the spring and once in the fall on mutually agreed upon dates. Page 7

9 Section 10.0 Safety Safety glasses shall be worn at all times by all contractor personnel. All contractor personnel shall wear ear protection when operating landscaping equipment. All contractor personnel shall wear a hard hat and a bright safety vest in construction areas. Contractor shall supply safety glasses, ear protection, hard hats and safety vests. Page 8

10 We hereby agree to furnish the above listed items at the prices indicated and in accordance with the terms and conditions set forth above and on the attached General Terms and Conditions. Company Name: EIN: Phone Number: Fax Number: Company Address: Authorized Signature: Printed Name and Title: Address: Date: Page 9

11 INSURANCE REQUIREMENTS Original Insurance Certificates reflecting successful bidder s minimum coverage, as shown below, must be submitted to the Metro District PRIOR to commencing any work. Self-insurance by Contractors shall not be acceptable. A. Workers Compensation and Employer s Liability shall protect Contractor against all claims under applicable state workers compensation laws. Contractors shall also be protected against claims for injury, disease, or death of employees, which, for any reason, may not fall within the provisions of a workers compensation law. The liability limits shall not be less than: Workers Compensation Employer s Liability Statutory $100,000 Each Accident $500,000 Policy Limit $100,000 Each Employee B. Comprehensive Automobile Liability shall be written in comprehensive form and shall protect Contractor against all claims for injuries or death or damage to property of others arising from the use of motor vehicles, and it shall cover operation on- or off-site of all motor vehicles licensed for highway use, whether they are owned, non-owned, or hired. The liability limits shall not be less than a combined single limit of $1,000,000 each occurrence for bodily injury and property damage. C. Comprehensive General Liability shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to persons other than its employees or damage to property of the Metro District or others arising out of any act or omission of the Contractor or its agents, employees, or subcontractors. The policy shall also include protection against claims insured by usual personal injury liability coverage, a protective liability endorsement to insure the contractual liability assumed by the Contractor under the indemnification provisions in General Conditions, and Completed Operations and Products Liability coverage (to remain in force during the correction period). The liability limits shall not be less than $1,000,000 each occurrence with an annual aggregate of at least $2,000,000. Page 10

12 PROSPECTIVE CONTRACTOR'S CERTIFICATE REGARDING EMPLOYING OR CONTRACTING WITH AN ILLEGAL ALIEN From: (Contractor) To: Metro Wastewater Reclamation District 6450 York St. Denver, CO Project Name: NTP Landscaping Services Bid No. B PAR No. N/A PO No. As a prospective Contractor for the above-identified Project, Contractor does hereby certify that, as of the date of this certification, Contractor does not knowingly employ or contract with an illegal alien who will perform work on the Project and that Contractor will participate in the E- Verify Program or the Department Program [as defined in C.R.S (3.3) and (3.7)] in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work on the Project. Executed this day of, 20. Contractor: By: Its: (Title) REQUESTED BY: EXPIRES: METRO USE ONLY Kelly Cisneros 12/31/2018 Page 11

13 GENERAL TERMS AND CONDITIONS 1. Bids must be signed by a duly authorized official for the bidding company. 2. Bids may only be withdrawn on written or telegraphic request prior to the time fixed for the opening. All bids will otherwise be considered to be firm and open to acceptance or rejection for a period of 75 days from the date of opening. 3. The Metro District reserves the right to reject any and all proposals, to waive any informalities or irregularities in the proposals received and to accept the proposal from the lowest responsible bidder affording the greatest economy to the Metro District. 4. Property which, upon delivery, or work which upon completion, does not meet the specifications, and standards prescribed herein, or property which has been damaged in transit, may be rejected by the Metro District at the bidder s risk and expense. 5. When a bid asks for a certain article or other equal thereto and the bidder intends to furnish an article which he considers equal to the one named, he must specify in his bid the trade name and the grade of such article, together with such engineering data and technical literature as may be required by the Metro District. 6. When the words no substitute are used in the description of article, quotations will be accepted only on the article described. 7. All disputes concerning grades and quality of merchandise or work shall be determined by the Manager of the Metro District, or other properly authorized persons. 8. The Metro District is exempt from all Federal taxes under the provisions of Internal Revenue Code Sections 4221 and 4222, and from all Colorado state and municipal sales and use taxes on direct purchases (Identifications Number ) under provisions of Title 39, Article 26, Part 7, C.R.S. Contractor is responsible for all permits, licenses, sales and use taxes assessed by Commerce City on work performed at the Robert W. Hite Treatment Facility. 9. The Metro District operates under and must comply with the Colorado Open Records Act, as part of normal procedures. Proprietary information must be identified and will be protected from disclosure to the extent permitted by law. 10. In compliance with the Colorado Open Records Act, Expired posting can be reviewed or obtained by contacting the Metro District s Records Management staff at (303) , located at 6450 York Street, Denver, Colorado The Metro District does not charge a fee for research and retrieval of records where the time to research and retrieve the records does not exceed 60 minutes of Metro District staff time. Time in excess of 60 minutes will be charged at the rate of $25.00 per hour. Where an individual or entity has made multiple requests for inspection of records within a 30-day period, the individual or entity shall only be entitled to 60 minutes of free search and retrieval within that 30 days. Additional time spent on search requests will be charged for the full amount of search time at $25.00 per hour. Except as set forth below, the Metro District will provide the first ten pages copied free of charge. Thereafter, the charge shall be $0.25 per page, unless actual costs exceed that amount. Where an individual or entity has made multiple requests for inspection of records within a 30-day period, the individual or entity shall only be entitled to a total of 10 free copies within that 30 days. All other copies will be charged at $0.25 per page. 11. On the Bid form provided here, the unit price of each item must be given in the column headed Unit Price. This must be for the particular unit of measurement specified in the column headed Unit. In case of error in extension of prices, the unit price will govern. All prices must be extended and totaled, unless stated otherwise. 12. The Metro District s goal is to maintain a safe work environment. No intimidation, threats or violent acts will be tolerated. This zero tolerance extends to not only Metro District employees but also persons connected with Metro District business including contractors, vendors, and any other individuals who interact with Metro District employees. Unacceptable acts include, but are not limited to, intimidating, threatening, or hostile behaviors; physical abuse; vandalism, arson, sabotage; use of firearm or other weapon; carrying a firearm or other weapon onto Metro District property; or any other act which in management s opinion is inappropriate to the workplace. In addition, offensive comments regarding violent events and/or behavior are not tolerated. 13. The Metro District has heightened its security measures, including the initiation of property search. The Metro District reserves the right to conduct inspection of personal property, such as purses, briefcases, lunch boxes, and vehicles of contractors and visitors to the Metro District. The necessity of a search will be determined with discretion, and only when necessary, to protect the Metro District s best interests. Any unauthorized article discovered may be confiscated and, if appropriate, turned over to a law enforcement representative. 14. When a date or dates are set for the delivery of property, delivery must be made on or before the date or dates called for herein, or the Metro District will have the right to cancel the contract for the purchase of the property and to purchase equivalent property at market prices for immediate delivery and hold the bidder liable for any increase in the price over and above the prices offered herein. 15. The bidder will protect, defend, and save harmless the Metro District against any demand for payment for the use of any patented material, process, device or article that may enter into the manufacture, construction or form any part of the property covered by this offer, and the bidder will further indemnify and save harmless the Metro District, its officers, agents and employees from any claims, Page 12

14 suits or actions of any nature growing or arising out of the acceptance of this offer or the exercise of any rights under the contract for sale created thereby. 16. Payment for all items shall be made within 30 days after delivery to and acceptance by the Metro District. 17. The Metro District is committed to foster and maintain an environment of equal opportunity for all firms in compliance with all applicable federal, state and local laws. In addition, the District requires that all vendors, contractors, and subcontractors doing business with the District agree to a similar provision with respect to equal opportunity. 18. Except where otherwise expressly stated in these contract documents, all terms herein employed shall have the same definition as set forth in the Uniform Commercial Code as adopted by the State of Colorado in Title 4, Article Contractor shall comply with all applicable laws, regulations and administrative rulings of the Federal, State and Local governments and the rules, policies and procedures of the Metro Wastewater Reclamation District. Except where otherwise expressly required by applicable laws and regulations, Owner shall not be responsible for monitoring Contractor s compliance with any laws and regulations. If Contractor performs any work knowing or having reason to know that it is contrary to laws or regulations, Contractor shall defend, indemnify and hold harmless the Metro District from all claims, costs, losses and damages caused by, arising out of or resulting therefrom. 20. Contractor shall secure all necessary licenses and permits in connection with the Contract resulting from this bid. 21. Trade discounts (i.e., deductions from the list price of goods) shall be computed by the bidder into the unit and extended prices for each line item before these prices are entered in the appropriate columns of this form. The Metro District will not assume responsibility for making these computations. 22. Cash discounts (i.e., deductions from total invoiced amounts for payment of bills within specified time limits) quoted for periods of less than thirty (30) calendar days from the date the invoice is received by the Metro District will not be considered in the evaluation of any proposal. 23. No contract will be awarded to any person, firm or corporation that is in arrears to the Metro District, upon debt or contract or that is a defaulter, as surely or otherwise, upon obligation to the Metro District, or that may be deemed irresponsible or unreliable by the Manager of the Metro District. 24. All participating bidders, by their signature thereunder, shall agree to comply with all of the conditions, requirements, and instructions of this bid as stated or implied herein. Should the Metro District omit anything from the bid which is necessary to a clear understanding of this bid, or should it appear that various instructions are in conflict, the bidder shall secure written instructions from the Manager of the Metro District at least forty-eight (48) hours prior to the time and date of the bid opening. 25. Non-Collusive Bidding Certification: By the submission of this bid, the bidder certifies that: a. The bid has been arrived at by the bidder independently and has been submitted without collusion with any other bidder; and b. The contents of the bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith, and will not be communicated to any such person prior to the official opening of the bid. 26. The Contractor shall not assign, transfer, convey, or otherwise dispose of this contract, or any right, title or interest in or to the same, or of any part hereof, without the previous consent in writing, of the District, and the Contractor shall not assign, by power of attorney or otherwise, any of the monies to become due and payable under this contract, unless by and with the like consent signified in like manner. 27. Visitor Identification Check The Metro District, a political subdivision of the State of Colorado, has the authority to adopt reasonable orders, rules and regulations regarding limitations and restrictions on the use of its public buildings and property, as to time, manner, or permitted activities. The Metro District may prohibit any activity or conduct in its public buildings or property, which may reasonably be expected to interfere with Metro District employees or with Metro District business. The U.S. President s National Strategy for Homeland Security has identified Water and Wastewater Utilities as Critical Infrastructures. One of the Water sector security initiatives involves tighter physical security of facilities. The purpose of any identification check is to ensure the proper identity of the person attempting entry. That means that the identity media must be trustworthy and include a current picture of the holder. It must also originate from a reliable agency. As an added measure of security, operators of motor vehicles requesting entry must have in their possession a valid U.S. state or International driver s license. Below are examples of the valid Law Enforcement verifiable pictured documents required for entry: U.S. State Driver s License U.S. State Identification Card Immigration Identification documents (as identified in INS Reference Guides M-396 and 93R-01) Valid Passports U.S. Military Identification Card International Driver s License Page 13

15 Examples of unacceptable identification documents: Foreign driver s license Matricula Consular Cards Any document without a picture Altered or expired documents Identification documents issued by private entities, or other government identification cards, e.g. Lockheed-Martin, Adolph Coors Co., EPA, CDPHE, C&C Denver, etc. Notwithstanding the above examples, the Metro District, in its sole discretion, may accept any identification document that it determines is sufficiently reliable to verify the individual s identity. 28. The obligation to provide further services under a contract as a result of this bid may be terminated by either party upon seven days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 29. ILLEGAL ALIENS AND PUBLIC CONTRACT FOR SERVICES (Effective May 14, 2008) A. Contractor shall not: (i) (ii) Knowingly employ or contract with an illegal alien to perform work under this Contract; or Enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. B. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the Contract through participation in the E-Verify Program or the Department program (as defined in C.R.S (3.3) and (3.7)). C. Contractor shall not use the E-Verify Program or the Department program procedures to undertake pre-employment screening of job applicants while this Contract is being performed. D. If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, Contractor shall: (i) (ii) Notify the subcontractor and the Metro District within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and Terminate the subcontract with the subcontractor if within three days of receiving the required notice pursuant to subparagraph D(i), the subcontractor does not stop employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. E. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to C.R.S (5). F. Notwithstanding any other provision of this Contract to the contrary, Contractor acknowledges that in the event Contractor violates any of the provisions of the foregoing subparagraphs A E, the Owner may terminate this Contract for breach of contract. If this Contract is so terminated, Contractor shall be liable for actual and consequential damages to the Owner. G. A Contractor that operates as a Sole Proprietor hereby swears of affirms under penalty of perjury that the Contractor (i) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of CRS et seq, and (iii) shall produce one of the forms of identification required by CRS prior to the effective date of this Contract. Except where exempted by federal law and except as provided in CRS (3), a Contractor that receives federal or state funds under this contract must confirm that any individual natural person eighteen years of age or older is lawfully present in the United States pursuant to CRS (4) if such individual applies for public benefits provided under this contract. ACCEPTABLE IDENTIFICATION DOCUMENTS FOR IMMIGRATION STATUS Page 14

16 1. A valid Colorado driver s license or a Colorado I.D. Card as defined in the following: a. A current Colorado driver s license; or b. A minor s Colorado driver s license; or c. A probationary Colorado driver s license; or d. A commercial Colorado driver s license; or e. A restricted Colorado driver s license; or f. A Colorado instruction permit or an identification card. 2. A United States Military Card or Military Dependent s card; or 3. A United States Coast Guard Merchant Mariner card; or 4. A Native American Tribal Document Page 15