project management & support services (defined pool)

REQUEST FOR PROPOSAL NO. 201206879

Defined Pool and SBE Participation

Project Management & Support Services (Defined Pool)

August 8, 2012

DEPARTMENT OF AVIATION City & County of Denver

Kim Day, Manager

RFP NO. 201206879 PROJECT MANAGEMENT & SUPPORT SERVICES (DEFINED POOL) AUGUST 8, 2012

D E N V E R I N T E R N A T I O N A L A I R P O R T

REQUEST FOR PROPOSAL NO. 201206879

Project Management & Support Services (Defined Selection Pool)

TABLE OF CONTENTS

I. REQUEST FOR PROPOSAL (RFP) LETTER ................................................................................. 1 II. ATTACHMENT 1, INSTRUCTIONS TO PROPOSERS .................................................................. 3 1-0 Introduction ......................................................................................................................... 4 1-1 Pre-Proposal Conference ................................................................................................... 4 1-2 Interpretation of Proposal Documents ................................................................................ 4 1-3 Addenda .............................................................................................................................. 4 1-4 Proposer’s Bulletin Board ................................................................................................... 4 1-5 Procurement Internet Site ................................................................................................... 5 1-6 Preparation of Proposal - Proposal Forms ......................................................................... 5 1-7 Preparation of Proposal - Proposal Narrative ..................................................................... 5 A. General .................................................................................................................. 5 B. Format .................................................................................................................... 5 C. Proposal Narrative Contents .................................................................................. 6 1. Cover Letter .............................................................................................. 6 2. Understanding the Project ........................................................................ 6 3. Proposed Work Plan ................................................................................. 6 4. Project Management & Document Control ............................................... 6 5. Organizational Chart ................................................................................. 7 6. Subconsultants ......................................................................................... 7 7. Key Personnel ........................................................................................... 7 8. Demonstrated Experience ........................................................................ 7 9. Ability to Respond ..................................................................................... 7 10. Additional Information ............................................................................... 7 11. Multiplier Factor………………………………………………… ……………..7 1-8 Signing of Proposal ............................................................................................................. 8 1-9 Withdrawal of Proposal ....................................................................................................... 8 1-10 Small Business Enterprise Participation ............................................................................. 8 1-11 Designation of Subconsultants ......................................................................................... 13 1-12 Evaluation of Proposals .................................................................................................... 13 1-13 Type of Agreement - Payment .......................................................................................... 13 1-14 Rights of the City and County of Denver........................................................................... 13

1-15 Disclosure of Legal and Administrative Proceedings, and Financial Condition ................ 14 1-16 Disclosure of Principals ..................................................................................................... 15 1-17 Insurance Requirements ................................................................................................... 16 1-18 Security ............................................................................................................................. 16 1-19 Airport ID Badges .............................................................................................................. 17 1-20 Vehicle Permits ................................................................................................................. 18 III. ATTACHMENT 2, PROPOSAL FORMS ........................................................................................ 20 Attachment 2, Part 1 - Proposal Acknowledgment Letter .............................................................. 21 Attachment 2, Part 2 - Proposal Data Form ................................................................................... 22


Attachment 2, Part 3 – SBE Letter of Intent ................................................................................... 24 Attachment 2, Part 4 - Disclosure of Principals Form .................................................................... 26 Attachment 2, Part 5 – Multiplier Factor Form……………………………………………………...…. 28 Attachment 2, Part 6 – Scoresheet…………………………………………………………………….. 30 IV. ATTACHMENT 3, SAMPLE INSURANCE CERTIFICATE ............................................................ 32 V. ATTACHMENT 4, SAMPLE AGREEMENT ................................................................................... 36 Exhibit A, Scope of Work Exhibit B, Scheduling, Progress Reporting and Invoicing

RFP Letter


Subject: REQUEST FOR PROPOSAL (RFP) NO. 201206879 PROJECT MANAGEMENT & SUPPORT SERVICES (Defined Pool) Denver, Colorado August 8, 2012 To Whom It May Concern: In accordance with procedures described herein, you are hereby invited to submit a proposal for the subject project which is described in the Sample Agreement and Scope of Work attached hereto. The work under this Agreement is anticipated to start on or about February 2013 and has a scheduled duration of approximately five years. The proposal must be prepared and submitted in accordance with the requirements and procedures contained in the following proposal documents: This Request for Proposal Letter Attachment 1, Instructions to Proposers Attachment 2, Proposal Forms Attachment 3, Sample Insurance Certificate Attachment 4, Sample Agreement (including Exhibits A & B) Compliance with these requirements by the Proposer is mandatory and is a condition of responsiveness. Any failure to satisfy these requirements will be a sufficient basis for the City and County of Denver (City) to disqualify the Proposer. The City shall not be liable for any of the Proposer’s expenses associated with its preparation of the proposal or the City’s consideration of it. The Proposer, if selected, shall not include any such expenses as part of its fee for performing the Scope of Work. Description The Department of Aviation for the City and County of Denver is requesting Proposals for the purposes of selecting a firm to provide professional, technical and support personnel to perform, project management services, which may include but not be limited to assisting with planning, design project management, construction project management, and any other support services as required on projects designated for such services by the Manager. Proposal Submittal Location A total of Eight (8) USB removable flash drives of the proposal which shall be prepared in accordance with the Instructions to Proposers attached hereto. Proposals must be addressed and forwarded to the following location: Jennifer Cahill, Business Management Services, Administration Office Building (AOB), Room 8810, Denver International Airport, 8500 Pena Boulevard, Denver, Colorado 80249-6340. Other correspondence regarding this RFP shall also be sent to this address. Proposals Due All proposals must be sealed and identified as to content and be received by the above-named Denver International Airport Office not later than 2:00 PM, LOCAL TIME, September 6, 2012. Proposals received after this time will be rejected by the City and returned to the Proposer unopened. Proposals shall be valid for 90 days after the deadline for delivering the proposal. Pre-Proposal Conference A Pre-Proposal Conference will be held at 11:00 AM, August 21, 2012 in the triple wide trailer, located within the DIA South Campus at 27301 E. 71st Avenue, Unit #2, Denver, CO 80249. At

RFP Letter


this conference, City representatives will answer questions regarding this RFP, including any written questions submitted to the City prior to the conference. The City will not answer any telephone inquiries about this RFP. Written questions are due by 2:00 PM, August 24, 2012 and shall be submitted to Jennifer Cahill via Email: [email protected]. All questions and answers will be posted on the DIA Contract Procurement website following the deadline for submittal of questions. In the event the City desires further information or clarification of the proposals received, the City may, at its option, elect to interview one or more of the Proposers. DEFINED POOL SELECTION REQUIREMENTS AND SMALL BUSINESS PARTICIPATION Contracts entered into under this request for proposals are subject to Article VI, Division 1 of Chapter 28 of the Denver Revised Municipal Code, and are excluded from the coverage of Article III, Division 3 of Chapter 28, D.R.M.C. Proposer SBE certification in accordance with Section 28-206, D.M.R.C. shall be a condition of responsiveness and award will only be made to responsive final project-specific SBE proposers. An additional 20% mandatory SBE participation must be achieved through the utilization of certified SBE subcontractors or suppliers for this Agreement. CITY AND COUNTY OF DENVER Jennifer Cahill Contract Compliance Coordinator Attachments: Instructions to Proposers, Proposal Forms, Sample Insurance Certificate, Sample Agreement

[email protected].

Attachment 1, Instructions to Proposers


ATTACHMENT 1

INSTRUCTIONS TO

PROPOSERS



INSTRUCTIONS TO PROPOSERS 1-0 INTRODUCTION

The Proposer, by submitting its proposal, acknowledges that it understands the Sample Agreement and the Scope of Work, and that the Proposer shall be able to perform as required.

1-1 PRE-PROPOSAL CONFERENCE The City will conduct a Pre-Proposal Conference, the date, time and location, of which is

contained in the Request for Proposal cover letter. Every Proposer is encouraged to attend the Pre-Proposal Conference. At the Conference, City representatives will answer questions regarding the RFP, including written questions submitted prior to the Conference.

1-2 INTERPRETATION OF PROPOSAL DOCUMENTS The Proposer may request, in writing, a clarification or interpretation of any aspect of the RFP

Documents. Such requests must be made in writing in WORD format or in the body of an email (not pdf) by the date and time specified in the RFP Letter. The City shall post all questions and answers on the DIA Contract Procurement Website after the deadline for submittal of questions. The City will not accept or respond to oral inquiries except for those made at the Pre-Proposal Conference.

1-3 ADDENDA The City reserves the right to revise the RFP documents at any time up to the time set for

submission of the proposals. Any such revision(s) shall be described in addenda to the RFP which shall be posted on the DIA Contract Procurement Website at http://business.flydenver.com/bizops/rfp.asp. If the City determines that the addenda may require significant changes to the Scope of Work, the deadline for submitting the proposals may be

postponed by the number of days that the City determines will allow Proposers sufficient time to revise their proposals. Any new submittal deadline date for delivering proposals to the City shall be included in the addenda.

Proposers must acknowledge in the proposal that they received all addenda to the proposal

documents (Attachment 2, Part 1). Failure to acknowledge receipt of addenda may disqualify the proposal.

1-4 PROPOSER’S BULLETIN BOARD It shall be conclusively presumed that the Proposer did, before submitting a proposal, read all

addenda, posted decisions and other information items relevant to the RFP which appeared on the Proposer’s Bulletin Board. Proposers may also visit the DIA Contract Procurement Website to see if addenda have been issued or may also contact the DIA Contract Compliance Coordinator, Jennifer Cahill, at [email protected].

The Contractor's Bulletin Board is located at Denver International Airport, 8500 Peña Blvd., Denver, CO 80249-6340, on the wall south of the entrance to the Airport Office Building (AOB). The AOB entrance is reached by way of the corridor leading to Concourse A from the North end of the Terminal on Level 6, and is located west of the Concourse A security screening area. The AOB entrance and the Contractor’s Bulletin Board are both located outside the security screening area.

http://business.flydenver.com/bizops/rfp.asp

[email protected]



1-5 PROCUREMENT INTERNET SITE

Please visit DIA’s Contract Procurement Internet Site at http://business.flydenver.com/bizops/rfp.asp which contains such services and information as: A. On-Line application for consultant/contractor data base for project mailings B. Advertisements for RFQs, RFPs, IFBs C. Status RFQs, RFPs, IFBs D. Addenda E. Incidental project information is available for viewing and printing, which includes:

1. Document holder’s list 2. Pre-Proposal/Pre-Bid Conference attendance list (if applicable) 3. Questions and Answers

F. Forecasted Projects G. You may email DIA’s Procurement Administrator directly from the site. Incidental project information listed in item E. above will only be available “on-line” at the DIA Procurement Internet Site and will not be mailed, unless specifically requested.

1-6 PREPARATION OF PROPOSAL - PROPOSAL FORMS The proposal shall be submitted in accordance with and meet all of the requirements set forth in

the Proposal Forms which are attached hereto. The Proposer shall fill in all blank spaces in the applicable Proposal Forms and initial all interlineations, alterations or erasures in its proposal. The Proposer shall not delete, modify or supplement the printed matter on the forms which are included in Attachment 2, Proposal Forms or make substitutions thereon. The Proposer’s completed proposal forms and narrative shall constitute its proposal.

1-7 PREPARATION OF PROPOSAL - PROPOSAL NARRATIVE A. GENERAL The Proposer shall prepare its proposal in the format described below and shall ensure

that each page of its proposal is identified with the contract name, contract number, Proposer’s name, and page numbers.

B. FORMAT

Proposals shall be submitted in a single pdf or Power Point file. .

Proposals shall be prepared so they can be printed on 8 ½” x 11” paper.

Proposals shall use the font type and size of ARIAL 10 point.

Proposals shall be in a format and sequencing commensurate with the RFP (in the order the requirements are listed).

Proposals shall include a table of contents.

Proposals shall include labeled sections.

http://business.flydenver.com/bizops/rfp.asp



The proposal narrative shall not exceed 40 pages. This page limit does not include covers, resumes, disclosure of legal and administrative proceedings and financial condition, tabs and City required forms.

C. PROPOSAL NARRATIVE CONTENTS 1. Cover Letter The Proposer shall prepare a cover letter, not exceeding two pages in length,

which summarizes the key points in the proposal. It should include the full name of the firm or joint venture members and all proposed subconsultants. If the Proposer is made up of more than one firm, the legal relationship between those firms must be described. The cover letter must include a statement committing the availability of the key personnel identified in Section C.7 below to perform the work. The letter must be signed by a person who is authorized to sign an Agreement with the City. This person shall be the same person identified in Part 1-8 of the Instructions to Proposers as the authorized representative.

If the Proposer believes any information, data, process or other material in its

proposal should be considered by the City to be confidential or proprietary, the Proposer shall identify that material with specificity as to the page and paragraph and on what basis it believes the material is proprietary or confidential.

2. Understanding the Project Prepare a statement which describes the Proposer’s understanding of the work

involved in performing the Scope of Work which is described in Exhibit A to the attached Sample Agreement. Discuss understanding of the proposed Scope of Work; the complexity, challenges and problems involved in planning and performing that work, including the ability to make the transition from one contract to another; approaches and philosophy for dealing with problems; sensitivity and experience dealing with key issues and any additional issues or matters relating to the Scope of Work which the Proposer believes should be addressed.

3. Proposed Work Plan Prepare a description of the Proposer’s management and organizational

approach and methods for performing the Scope of Work. This should include a typical work plan with an integrated staff of Consultant, other consultants and City employees from design project management through post construction. Work plan should include a detailed listing of personnel by position and description of all tasks to be performed.

4. Project Management & Document Controls Describe the Proposer’s experience with project management control methods

and progress reporting systems. Describe the Proposer’s abilities for estimating and managing project costs and schedules. Include the Proposer’s construction cost estimating and scheduling methods and systems, and performance on previous projects. At the present time the City is using Primavera systems, including Contract Management.



5. Organizational Chart

Prepare an organizational chart which identifies the Proposer’s and subconsultants’ key personnel who would perform work under the Agreement. In addition, include the title and a description of the work each person would perform. If an individual will not be assigned to the project on a full-time basis, indicate the percentage of time that person would be dedicated to work on the project.

6. Subconsultants

Describe the qualifications of each subconsultant which the Proposer plans to retain to perform work. Describe the type of work which will be assigned to each subconsultant and the estimated percentage of the total Agreement value that each subconsultant will perform.

7. Key Personnel

Submit detailed resumes for the proposed project manager and key staff personnel including key personnel of subconsultants. Include a description of their qualifications and experience and a description of their position and length of employment with the Proposer or subconsultant. Key personnel identified in this proposal will be expected to remain assigned to this project for the term of the Agreement.

8. Demonstrated Experience Prepare a description of projects and work experience of the firm which is similar

to the work described in the Scope of Work or which the Proposer believes would be relevant in evaluating its capabilities to perform the work.

At a minimum, the following information should be included as appropriate to the

Scope of Work: 1) Project description and scope 2) Location 3) Owner name, address, telephone number 4) Gross fees 5) Proposed schedule vs. Actual (if applicable) 6) Proposed budget vs. Actual (if applicable) 7) Coordination between other interfacing projects, and associated

scheduling considerations. 9. Ability to Respond Describe the Proposer’s current ability to effectively and conveniently perform the

Scope of Work. For the Proposer and each subconsultant on a team, list office addresses and total number of employees, and the number of both professional and support employees located at those offices. Proposers shall identify the location where work on this project would be performed for tasks where space may not be available at DIA.

10. SBE Participation

Include the names and addresses of any SBE firms which the Proposer intends to retain and the percentage and Scope of Work each would perform. Include a



copy of the certification letter issued by SBOD for each SBE firm. (see1-10 in Attachment 1, Instructions to Proposers).

11. ADDITIONAL INFORMATION

The Proposer is invited to describe any particular aspects of its organization or proposal which, by way of background, experience, unique qualifications, or other basis, sets this company (team, etc.) apart from the competition in its ability to accomplish this particular scope of work.

12. MULTIPLIER FACTOR

The Proposer shall fill out Attachment 2, Part 5, Multiplier Factor for the Consultant and all subconsultants and enclose it in a sealed envelope. The proposed Multiplier Factor may be considered in the final evaluation of the Proposers.

1-8 SIGNING OF PROPOSAL An authorized representative of the Proposer shall execute Attachment 2, Part 1 of its Proposal

Forms – the Proposal Acknowledgment Letter. If the Proposer is a corporation, it shall include with its proposal a certificate from the Secretary of State showing that it is qualified to do business in the State of Colorado. Please call the Secretary of State for Colorado at (303) 894-2200 for information on obtaining such certification. If the Proposer is a partnership, the Proposer must include with its proposal evidence satisfactory to the City that the partner signing the proposal has the authority to do so. If the Proposer is a joint venture, the Proposer shall submit with its proposal a copy of the joint venture agreement certified to be a true and correct copy. That agreement must describe the scope and amount of work each participant will perform and contain a provision that each participant will be jointly and severally liable to the City for completing all of the work and to third parties for all duties, obligations and liabilities which arise out of the joint venture’s performance of the work.

1-9 WITHDRAWAL OF PROPOSAL A Proposer may withdraw its proposal by submitting to the City a written request signed by the

Proposer’s authorized representative. The withdrawal of a proposal does not prejudice the right of the Proposer to submit future proposals.

1-10 DEFINED POOL SELECTION AND SMALL BUSINESS ENTERPRISE REQUIREMENTS This RFP contract solicitation is subject to the defined pool selection requirements of Article VII,

Chapter 28 of the Denver Revised Municipal Code (D.R.M.C.) (the “SBE Ordinance”) and, as such, this contract is excluded from the coverage of Article III, Chapter 28 of the D.R.M.C.

Section 28-207, D.R.M.C. of Article VII authorizes the Director of the Division of Small Business

Opportunity (DSBO) to designate selected design and construction service contracts to be restricted for award only to Small Business Enterprises (SBE) participating in the defined pool selection program. The Director has designated this project solicitation and, under the program, award will be strictly limited to currently certified SBE proposers/joint ventures who comply with the requirements of Article VII. Proper SBE certification in accordance with Section 28-206, D.R.M.C., shall be a condition of responsiveness and award will only be made to responsive final project-specific SBE proposers. Under Section 28-214, D.R.M.C., compliance with this defined pool selection requirements shall be mandatory for all proposers and shall require a demonstration that each proposer is either: (1) certified SBE contractor or (2) a qualified joint venture that includes a certified SBE contractor. In addition, each proposer must establish that such SBE will perform a commercially useful function. Each proposer shall submit the completed



forms and other information required by DSBO to demonstrate compliance with the requirements of this Article VII. A determination by DSBO that a proposer has failed to comply with the defined pool selection requirements specified herein and set forth in Chapter VII and, as such, is non-responsive shall result in no further consideration of the submission by the Manager.

Specifically, Section 29-218, D.R.M.C. requires each proposer to list, at the date of final project-

specific proposal, the SBE contractor that meets the defined pool requirement for the proposal. The proposer shall fully complete and execute the following forms to address the defined pool program requirements for this solicitation:

1. SBE Commitment Page 2. SBE Letter of Intent

DSBO will evaluate only the completed and fully executed forms provided with the proposal or as otherwise specified and determine whether or not the proposal is responsive under Section 28-219, D.R.M.C. If a proposer has failed to comply with the defined pool selection requirement process outlined in this section and the referenced forms, a proposal may be found non-responsive and shall result in no further consideration of the proposal by the Manager. a. Pursuant to Section 28-215, D.R.M.C., the Director of the City’s Division of Small Business Opportunity (“DSBO”) has determined that an additional 20% mandatory SBE participation must be achieved through the utilization of certified SBE subcontractors or suppliers for this Agreement. b. Under Section 28-222 D.R.M.C., the Contractor has an ongoing, affirmative obligation to maintain for the duration of this Contract, at a minimum, compliance with SBE defined selection pool requirements and with its originally achieved level of SBE participation upon which this Agreement was awarded, unless the City initiates a material alteration to the scope of work affecting SBEs performing on this Contract through change order, contract amendment, force account, or as otherwise described in sections 28-223 D.R.M.C. The Contractor acknowledges that: 1. It must establish and maintain record and submit regular reports, as required, which will allow the City to assess the Contractor’s compliance with the defined selection pool requirements and additional SBE participation requirements. 2. The Contractor shall have a continuing obligation to immediately inform the DSBO in writing of any agreed upon increase or decrease in the scope of work of this Agreement, upon any of the bases described in sections 28-223, D.R.M.C., regardless of whether such increase or decrease in scope of work has been reduced to writing at the time of notification. 3. Any increase in the scope of services of this Contract, whether by amendment or any other addition of special, additional or other services to the Agreement, which increases the dollar value of the Agreement, if such change is within the scope of work designated for performance by the Consultant or any utilized SBE subcontractor, subconsultant or supplier at the time of award of this Agreement, shall be contemporaneously submitted to the DSBO. The Contractor shall achieve defined selection pool requirements and the minimum SBE subcontractor, subconsultant and supplier utilization requirements as respects such changed scope of work by perfomin such work or by retaining additional SBE subcontractor(s), subconsultant(s) and /or supplier(s). The Contractor shall supply to the Director of DSBO the documentation required by the Director of DSBO with respect to the increased dollar value of this Contract. c. The Contractor shall not, during the term of this Contract: 1. Fail to in fact perform as an SBE to achieve the work scope which was originally listed at proposal submission in order to achieve defined selection pool requirements; or 2. Fail to in fact utilize SBE subcontractor(s), subconsultant(s) and/or supplier(s) to achieve the work scope which was originally listed at proposal submission in order to achieve required minimum utilization of SBE subcontractors, subconsultants and suppliers; or 3. Modify or eliminate all or a portion of the scope of work attributable to the SBE upon which the contract was awarded, unless directed by the City.



d. Any action by the Contractor in violation of this Section shall constitute a material breach of the Contract, for which the City may exercise all of its rights at law or equity, and shall also subject the Contractor to the sanctions set out in the SBE Ordinance. Should any questions arise regarding specific circumstances, the Contractor must consult the SBE Ordinance or contact the Project’s designated DSBO representative at (303) 342-2180. All proposers are charged with knowledge of and solely responsible for complying with each and every provision of the Ordinance in submitting a proposal and, if awarded, in performing the work described in the Contract Documents. Failure to comply with these provisions could constitute cause for rejection of a proposal or subject the selected contractor to sanctions set forth in the Ordinance. These instructions are intended only to generally assist the proposer in preparing and submitting a compliant proposal. Should any questions arise regarding specific circumstances, proposers must consult the Ordinance or contact the Project’s designate DSBO representative at (303) 342-2180.

1-11 DESIGNATION OF SUBCONSULTANTS The Proposer shall describe the qualifications of each subconsultant which it intends to use and

the percentage and scope of the work which will be assigned to each of them. Resumes for the subconsultant’s key personnel must be included.

Firms which are submitting a proposal for this project are precluded from participation as a

subconsultant with any other firms submitting a proposal for this work. However, subconsultants may be named on more than one proposal.

1-12 EVALUATION OF PROPOSALS The City’s Evaluation and Selection Committee will review and evaluate the written proposals

based upon the Proposer’s demonstrated experience and qualifications in the scope of services required. The Proposer’s ability to present its proposal in writing, in a clear, concise and organized manner will be considered in the evaluation. Following a review of the submitted proposals the City may base on recommendations of the Evaluation and Selection Committee create a short list of Proposers and conduct interviews with each Proposer. The City shall then, taking into consideration the recommendations of the Evaluation and Selection Committee, attempt to negotiate an Agreement with the Proposer that it considers the most qualified, responsive and responsible.

1-13 TYPE OF AGREEMENT - PAYMENT Appropriate clarifications and additions to the Scope of Work may be made during negotiations

with the successful Proposer. It is the intent of the City to enter into an Agreement in which the consultant will be paid monthly

based on services performed. Allowable overhead factors, billing rates and reimbursable expense items are subject to

negotiation. 1-14 RIGHTS OF THE CITY AND COUNTY OF DENVER The City and County of Denver reserves the right to reject any and all proposals, with or without

cause. The City also reserves the right to waive any informality or irregularity in any proposal it receives and to be the sole judge of the merits of the proposal it receives. All proposals shall be considered by the City as an invitation to negotiate an Agreement.



1-15 DISCLOSURE OF LEGAL AND ADMINSTRATIVE PROCEEDINGS, AND FINANCIAL

CONDITION A. The Proposer shall submit (at time of submittal) a statement which shall disclose all legal

or administrative proceedings which involve a claim in excess of $50,000.00 in which the Proposer, its principals, or key personnel were a party to the action. The Proposer shall include in the statement:

1. The caption of the action, naming all parties; 2. The case number, jurisdiction, and the date the action was filed; 3. A brief description of the action, the amount of the claim, and whether the action

involved performance under any public or private construction Agreement; 4. The outcome or disposition of the action;

B. The Proposer shall submit (at time of submittal) a statement which shall disclose whether the Proposer has filed for protection under the laws of the U. S. Bankruptcy Code within the last ten (10) years.

C. The Proposer shall submit (at time of submittal) a statement as to whether the Proposer,

its principals, or key employees presently, or in the past, are, or have been involved in any debarment or suspension proceedings. Please include a statement of any proceedings which prohibited or limited the Proposer from entering into any Agreement with any federal, state, or local government entity. Include a brief description of the reasons for such action having been taken, the effective dates thereof, and the governmental agency.

If the Proposer is a partnership or joint venture, please include a statement disclosing the

information listed in Part A and Part B for each partner or joint venturer. If the Proposer is fifty percent (50%) or greater owned by another entity or individual, please include a statement disclosing the above information for such entity or individual.

D. The Proposer shall submit (at time of submittal) a statement as to whether the Proposer,

its principals, or key employees have been convicted of a bid related crime or violation, or have been convicted of any felony in any jurisdiction within the last five (5) years. Include the current status of any such principal or key employees.

E. The Proposer shall submit (at time of submittal) its Dun & Bradstreet identification

number. If the Proposer is a partnership or joint venture, it shall provide the Dun & Bradstreet identification number for each partner of joint venturer.

F. If the Proposer is a publicly held company, it shall submit (at time of submittal) a list of

any holders of 10% or more of its stock. G. DURING NEGOTIATION THE PROPOSER SHALL BE ASKED TO SUBMIT THE

FOLLOWING: 1. An audited statement of overhead rates, payroll taxes, and operating (profit)

margin used to calculate hourly billing rates for City review and approval. This statement shall cover the Consultant’s most recently completed fiscal year and shall be signed by a certified public accountant as a Certified Audited Statement in which the accountant expresses his or her opinion on the fairness with which



the statement represents the Consultant’s financial position, results of operations and changes in financial position.

2. If the Consultant is a partnership or joint venture, a Certified Audited Statement is

required for each partner or joint venture. If any individual owns thirty-two percent (32%) or more of the Consultant, a Certified Audited Statement is required for each such individual or if a Certified Audited Statement is not available, then the individual must supply copies of his or her federal tax returns for the prior two (2) years.

3. If a Consultant is a small business as defined by the United States Small

Business Administration, then the Consultant may elect to submit copies of its Federal tax return for the prior two (2) years in lieu of a Certified Audited Statement.

4. A signed statement stating that no material or significant changes have occurred

since the date of completion of the Certified Audited Statement, or the filing of the Federal tax return and the date of the proposal.

1-16 DISCLOSURE OF PRINCIPALS Pursuant to the Denver Revised Municipal Code (D.R.M.C.) 20-69; all Agreements for

professional or personal services which will exceed twenty-five thousand dollars ($25,000.00); all proposals for use of real property of or by the City, the duration of which is one year or longer and which exceeds twenty-five thousand dollars ($25,000.00) in revenue or cost; and all proposals for concession agreements for the use of City facilities or property must be accompanied by a separate detachable page setting forth the following information:

(1) the names of any officer, director, owner or principal of the business entity, including the

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;

(2) The name of any subconsultants or suppliers whose share of the proposal exceeds

$100,000.00 of the Agreement amount; and (3) the names of any unions with which the Proposer has a collective bargaining agreement.

See Attachment 2, Part 4 for a form which may be used for such proposer disclosure. The information required in (1) above must be provided at the time of proposal submittal,

and the information required in (2) and (3) above must be submitted in a timely fashion prior to award.

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 who has already disclosed such information need not provide such information

with a second or subsequent 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 such subsequent proposal and is in fact on file with the City Clerk. Failure to provide or update



the required information in a timely fashion shall render any proposal to which D.R.M.C. applies non-responsive.

1-17 INSURANCE REQUIREMENTS

In accordance with the provisions of Title 16 of the General Conditions, the minimum insurance requirements for this Agreement are set forth in Attachment 3. The Consultant specifically agrees to comply with each condition, requirement or specification set forth in the Attachment 3 for each required coverage during all periods when the required coverage’s are in effect.

Consultant and sub-consultants shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Agreement are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or sub-consultants.

The insurance requirements herein are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement.

The City and County of Denver in no way warrants that the minimum limits contained herein are sufficient to protect the Consultant from liabilities that might arise out of the performance of the work under this Agreement by the Consultant, his agents, representatives, employees or subconsultants. The Consultant shall assess its own risks as it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Consultant is not relieved of any liability or other obligations assumed or pursuant to the Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration or types.

Consultant shall furnish the City and County of Denver with certificates of insurance (ACORD form or equivalent approved by CCD) as required by this Agreement. The certificates for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf.

All certificates and any required endorsements are to be received and approved by the City before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of the Agreement. All insurance coverages for sub-consultants shall be subject to the minimum requirements identified in the Exhibit. All sub-consultants certificates and endorsements shall be received and approved by the Consultant before work commences. The City reserves the right to request copies of these certificates at any time.

All certificates required by this Agreement shall be sent directly to Denver International Airport, Business & Technologies, Airport Office Building, Room 8810, 8500 Pena Boulevard, Denver, Colorado 80249. The City project/Agreement number and project description shall be noted on the certificate of insurance. The City reserves the right to require complete, certified copies of all insurance policies required by this Agreement at any time.

The parties hereto understand and agree that the City and County of Denver, its officers, officials

and employees, are relying on, and do not waive or intend to waive by any provisions of this Agreement, the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, §§ 24-10-101 - 120, C.R.S., or otherwise available to the City and County of Denver, its officers, officials and employees.



1-18 SECURITY After receiving the executed Agreement, the Consultant shall be required to schedule a meeting

with the Assistant Security Manager to establish badging and vehicle permit requirements. A Consultant Airport Security Plan will be issued. The document may not be copied.

The Consultant shall conduct all its activities at the Airport in compliance with the Airport security

program, which is administered by the Security Section of the Airport Operations Division. The Consultant shall obtain the proper access authorizations for its employees, subconsultants and suppliers (i.e., badges and vehicle permits), and shall be responsible for such persons’ compliance with all the Airport rules and regulations, including those regarding security. A copy of the Airport Security rules and regulations are available for Consultant review at the Technical Services Office. Any employee, subconsultant or supplier who violates such rules may be subject to revocation of his access authorization, including authorization for access to restricted areas.

The security status of the Airport is subject to change without notice. These security

requirements are applicable to the current security status of the Airport. Should the security status of the Airport change at any time during the term of the Agreement, a written notice shall be issued to the Consultant detailing all applicable security modifications. The Consultant shall take immediate steps to comply with those security modifications.

If these security modifications increase Consultant’s cost of performing the Scope of Work per the

Agreement, the Consultant shall submit a request for reimbursement of the additional cost. The request shall outline in specific detail the effects of the security modifications on the Consultant’s performance of the Agreement, and shall provide a detailed cost breakdown for each item for which the Consultant is requesting reimbursement.

The Consultant shall return to the City, at Agreement completion or termination, or upon demand

by the City, all access keys issued to it by the City to restricted areas of the Airport. If the Consultant fails to return any such key or keys at the Agreement completion or termination or upon demand by the City, the Consultant shall be liable to the City for all the City’s costs, including the City’s labor costs for re-coring doors and any other work which is required to prevent compromise of the Airport security system. In order to collect such costs hereunder, the City may withhold funds in such amount from any amounts due and payable to the Consultant under the Agreement.

1-19 AIRPORT ID BADGES A. Persons regularly entering any restricted area must obtain an Airport ID badge from the Airport

security office and must display same upon entering, and must display same at all times while on site. Airport ID badges are picture-type and non-transferable.

B. Airport Id badges and vehicle permits shall not be issued prior to Notice to Proceed. The

Consultant may at his own risk submit the required information to DIA Planning & Development Division and to DIA Airport Security prior to Notice to Proceed in order to expedite the badging and permitting process.

C. By submitting information for the individual requesting or requiring an Airport ID badge that

would permit unescorted access to the Sterile and/or Restricted Areas must be fingerprinted and pass a Criminal History Records Check (CHRC) and Security Threat Assessment. Passing a CHRC means the employee shall not have been convicted, given a deferred sentence, found not guilty by reason of insanity or have been arrested and are awaiting judicial proceedings of any felony charge during the ten (10) years before the date of the individual’s application for unescorted access authority. For an individual to obtain driver authorization to drive within the Restricted Area, the individual must have a valid driver license that allows them to drive their contractor vehicle.



D. An employee requesting an Airport ID Badge must resolve all pending or valid violations

before being allowed to proceed in the badging process. If the employee no longer works for the company and is attempting to be employed by a different company, a management representative from the “new” company must attend the Violation Notice Hearing along with the employee.

Airport ID Badges are obtained as follows:

1. The Consultant shall designate an Authorizing Agent who must attend an annual class with Airport Security. The Authorizing Agent must be an employee of the Consultant, have a valid Denver International Airport ID badge. The Authorizing Agent will be authorized to sign for the Consultant on the Fingerprinting and Badge Application Form and will be the primary designation contact for Airport Security related business.

2. The Consultant shall meet with the DIA Project Manager to review the procedures and required access points at DIA. The Consultant and the Project Manager shall visit the site to verify the access points. Access points shall be listed and submitted by the Consultant to the Project Manager for review and comment prior to Contsultant’s application for badging.

3. The Consultant's Authorizing Agent shall schedule a Participant Meeting with the DIA Airport Security Office to review DIA security procedures. A second meeting will be scheduled for the Authorizing Agent to learn how to successfully complete the required forms for employee badges and vehicle permits.

4. A CHRC and Security Threat Assessment (STA) are required for each employee requesting unescorted access to the restricted areas. The employee will complete the Fingerprinting and Badge Application (two-sided form) and schedule an appointment with the Airport Security Office to have the form reviewed and to be fingerprinted. The Federal Bureau of Investigation will conduct the CHRC and will return the results to the Airport Security Office. For the fee for the Fingerprinting please see the flydenver.com website. The Transportation Security Administration will process the STA and will return the results to the Airport Security Office.

5. When the Authorizing Agent is notified by Airport Security that the CHRC and STA has cleared, the individual shall call the Airport Security Office, to schedule an appointment to come to the Airport Security Office to receive regulated security and driver training. The appointment will take approximately one hour for security training and approximately two hours for security and driver training.

6. All applicants will must watch and pass all concepts of a computer based security training module for a SIDA Airport ID badge. All individuals requesting driver authorization in the non-movement area must also view an interactive computer based driver training module and complete a test by passing all concepts. In addition the individual must receive non movement driver orientation training by the Contractor’s driver representative before being allowed to drive on the airfield. Non Movement Orientation training should be conducted annually.

7. ALL EMPLOYEES ARE REQUIRED TO HAVE AN AIRPORT ID BADGE. The Consultant is advised that there is a $10 dollar processing fee for every issued Airport ID badge. Rebadging fee is $10.00.

8. The Airport ID badges must be returned to the Airport Security Office prior to final payment. All Airport ID badges are issued with an annual expiration date. The expiration date is determined by either the end of the estimated project date or the expiration of the vehicle insurance, whichever ever date is closer. Consultant shall notify the Project Manager as soon as possible



but in no case less than four weeks in advance of any requirement to extend the duration of badge validations.

9. Total fees for startup: $ 40 Criminal History Records Check (per employee) for Unescorted access. $ 10.00 Badge (per employee) Payment will be accepted in the form of cash or check made payable to Airport Revenue Fund. Under no circumstances will unescorted persons be allowed to enter or remain in any

restricted area without a valid Airport ID Badge. 1-20 VEHICLE PERMITS

A. Only direct support vehicles and/or equipment will be allowed on the Air Operations Area (AOA). Qualifying vehicles must obtain a Consultant/Contractor permit at the security office and must display the permit upon entering and at all times while in the Restricted Area or AOA. Permits will be in the form of stick-on decal type and non-transferable.

B. If the Consultant is required to use personal vehicles he shall obtain access to the Restricted

Area only when the vehicle displays a vehicle permit, has the vehicle permit application in the vehicle and the driver has an Airport ID badge with a driver authorization. Vehicle permits may be obtained as follows:

1. Vehicle permits must be renewed annually and cost $5.00 dollars, Vehicle permits must be surrendered to Airport Security before final payment will be made for work accomplished. A Vehicle Permit Application must be filled out and approved by the Project Manager prior to the issuance of the permit. The Consultant's Authorizing Agent must file a sponsorship form with the Airport Security Office and accompany any subcontractor requesting a vehicle permit. The approved vehicle application must be presented at Airport Security to obtain the vehicle permit.

2. All vehicles that are not permitted by Airport Operations to drive in the Restricted Area are

required to be escorted. All vehicles that are escorted must have a minimum of $1,000,000.00 combined single limit coverage with a 30 day notice of cancellation to Airport Security. All unescorted vehicles must have $10,000,000.00 combined single limit coverage with a 30-day notice of cancellation to Airport Security prior to any permits being issued.

3. Vehicle permits are issued with the expiration date of the project on the permit. A $5 fee will be

charged for a new permit that requires an extension of time.

4. The Consultant must have a four-inch letter company logo on each side of the vehicle. All vehicles operating in the Restricted Area must display the logo at all times.

5. The Consultant shall obtain a driver authorization for all operators of vehicles in the Restricted

Area. Under no circumstances will unescorted vehicles be allowed to enter or remain on the

AOA without a valid vehicle permit.

END OF INSTRUCTIONS TO PROPOSERS

Attachment 2, Proposal Forms


ATTACHMENT 2 PARTS 1 & 2

PROPOSAL ACKNOWLEDGEMENT LETTER

AND PROPOSAL

DATA FORMS

Attachment 2, Part 1


ATTACHMENT 2, PART 1 PROPOSAL ACKNOWLEDGEMENT LETTER

City and County of Denver

D E N V E R I N T E R N A T I O N A L A I R P O R T Proposer: ___________________________________________ Date: __________________ David Rhodes, Deputy Manager of Aviation Planning & Development Administration Office Building (AOB) Denver International Airport 8500 Pena Boulevard Denver, Colorado 80249-6340 In response to the Request for Proposal (RFP) dated August 8, 2012 for RFP NO. 2012006879, PROJECT MANAGEMENT & SUPPORT SERVICES (Defined Selection Pool), the undersigned hereby declares that I have carefully read and examined the proposal documents and hereby propose to perform and complete the work as required in the Scope of Work. Attached hereto are the completed responses to Parts 2, 3 and 4 of the Proposal Forms. I agree that this proposal constitutes a valid offer to negotiate an Agreement with the City and County of Denver (City) to perform the work described in the proposal documents. After final agreement on the terms of the Agreement have been reached I agree to execute the Agreement, which will be prepared by the City, in a timely manner. I acknowledge receipt and consideration of the following addenda to the proposal documents: Addenda Numbers: ____________________________________________________________ I, the undersigned, certify that I have examined and am fully familiar with the proposal documents and that I have satisfied myself with the respect to any questions I have regarding the RFP which could in any way affect my understanding of the Scope of Work of my estimate of the cost thereof. Proposer: ___________________________________________________________________ By: ________________________________ Proposer’s Business Address: (signature) ____________________________________ __________________________________ (type or print name) ___________________________________ ____________________________________ (title)



ATTACHMENT 2, PART 2

PROPOSAL DATA FORM (please use this form)


D E N V E R I N T E R N A T I O N A L A I R P O R T

NAME OF PROPOSER: _______________________________________________________________ ____________________________________________________________________________________ ADDRESS: _________________________________________________________________________ ____________________________________________________________________________________ PHONE: ___________________________________ FAX: ___________________________________ SOCIAL SECURITY/FEDERAL IDENTIFICATION NUMBER: __________________________________ PRINCIPAL IN CHARGE (Name & Title): __________________________________________________ ____________________________________________________________________________________ EQUAL EMPLOYMENT OPPORTUNITY OFFICER: _________________________________________ ____________________________________________________________________________________

NAME(S) OF PROFESSIONAL AND PUBLIC LIABILITY INSURANCE CARRIER(S): _______________ ____________________________________________________________________________________

____________________________________________________________________________________

PARENT COMPANY INFORMATION (if applicable)

NAME OF COMPANY: ________________________________________________________________ ____________________________________________________________________________________ ADDRESS: _________________________________________________________________________ ____________________________________________________________________________________ PHONE: ___________________________________ FAX: ___________________________________ CONTACT PERSON: _________________________________________________________________



Submittal is for (check one): _____ Sole Proprietorship _____ Partnership _____ Corporation If this is a corporation, then you are the (check one): _____ Subsidiary _____ Parent Company Is this a joint venture? _____ YES _____ NO If this is a joint venture, a certified copy of the Joint Venture Agreement must accompany this proposal. Licenses to perform work (issuing authority, date and validity—please provide copies of all listed): ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________

CERTIFICATION

The undersigned certifies that to the best of his/her knowledge, the information presented in this Proposal Data form is a statement of fact and that the Proposer has the financial capability to perform the work described in the Proposer’s documents.

__________________________________________ Signature

___________________________________________ Print Name

___________________________________________ Title

___________________________________________ Date



ATTACHMENT 2 PART 3

SBE LETTER OF INTENT

FORM

COMP-FRM-012 Revised 8/2/2011

Office of Economic Development Division of Small Business Opportunity

Compliance Unit – DIA EMAIL: [email protected]

8500 Pena Blvd, AOB, Suite 7810 LETTER OF INTENT (LOI) Denver, CO 80249 All lines must be completed or marked N/A for Not Applicable Phone: 303-342-2189 Submit the attached completed checklist with this letter. Fax: 303-342-2190

Project No.:

Project Name:

A. The Following Section Is To Be Completed by the Bidder/Consultant This Letter of Intent Must be Signed by the Bidder/Consultant and M/WBE, SBE or DBE

Name of Bidder/Consultant:

Phone:

Contact Person: Email:

Fax:

Address:

City:

State:

Zip:

B. The Following Section is To Be Completed by the M/WBE, SBE or DBE, at any Tier

This Letter of Intent Must be Signed by the M/WBE, SBE or DBE and Bidder/Consultant

Name of Certified Firm:

Phone:

Contact Person: Email: Fax:

Address:

City:

State:

Zip:

Please check the designation which applies to the certified firm.

MBE/WBE (√)

SBE (√)

DBE (√)

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

A Copy of the M/WBE, SBE or DBE Letter of Certification must be Attached

Identify the scope of the work to be performed or supply item that will be provided by the M/WBE/SBE/DBE. On unit price bids only, identify which bid line items the M/WBE/SBE/DBEs scope of work or supply corresponds to

.

Subcontractor/Subconsultant (√)

Supplier (√)

Broker (√)

Bidder intends to utilize the aforementioned M/WBE, SBE or DBE for the Work/Supply described above. The cost of the work and percentage of the total subcontractor M/WBE, SBE or DBE bid amount is:

$

%

Consultant intends to utilize the aforementioned M/WBE, SBE or DBE for the Work/Supply described above. The percentage of the work of the total subconsultant M/WBE, SBE or DBE will perform is:

%

If the fee amount of the work to be performed is requested, the fee amount, is:

$

Bidder/Consultant’s Signature:

Date:

Title:

M/WBE, SBE or DBE Firm’s Signature:

Date:

Title:

If the above named Bidder/Consultant is not determined to be the successful Bidder/Consultant, this Letter of Intent shall be null and void.

COMP-FRM-012 Revised 8/2/2011

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

Completed

Project Number & Project Name

Section A: Name of Bidder/Consultant, Contact Person, Address, City, State, Zip, Phone, Email

Section B: Name of Certified Firm, Contact Person, Address, City, State, Zip, Phone, Email

Designation checked for MBE/WBE, SBE or DBE

Indirect Utilization: Name of subcontractor/subconsultant, supplier or broker is indicated if using the participation of a 2nd tier subcontractor/subconsultant, supplier or broker.

Scope of work performed or item supplied by M/WBE, SBE or DBE Line items performed, if line-item bid. Copy of M/WBE, SBE or DBE Letter of Certification Attached Designation checked for Subcontractor/Subconsultant, Supplier or Broker

If project is a hard bid…

Bidder has indicated dollar amount for value of work going to Subcontractor/ Subconsultant, Supplier or Broker

Bidder has indicated percentage for value of work going to Subcontractor/ Subconsultant, Supplier or Broker

If project is an RFP/RFQ…

Consultant has indicated percentage for value of work going to Subcontractor/ Subconsultant, Supplier or Broker Name & contact name for MWBE.

Fee amount if fee amount of work to be performed is requested.

Bidder/Consultant’s Signature, Title & Date

M/WBE, SBE or DBE Firm’s Signature, Title and Date

The complete and accurate information that is required for the Letter of Intent is based on the following sections of the Ordinance: Section 28-63 and Section 28-68. Failure to complete this information on the Letter of Intent (LOI) may automatically deem a bid or proposal non-responsive.



ATTACHMENT 2 PART 4

DISCLOSURE OF PRINCIPALS

FORM



BIDDER/CONTRACTOR/VENDOR/PROPOSER DISCLOSURE

________________________________ __________________________________ Bidding Entity's/Proposer's Name Date this form was completed ________________________________ (___)______________________________ Address Telephone Number ________________________________ ___________________________________ City, State, Zip Code Signature of Officer/Owner Section 20-69, D.R.M.C. requires the disclosure of the name of each officer, director, shareholder who owns or controls 5% or more of the business entity, principal, and owner of each bidding or proposing entity, and either the names of the spouses of those individuals and the names of their children under the age of eighteen (18), or a statement in lieu of the disclosure of the names of such spouses and children as set forth below in the "Certified Statement in Lieu of Disclosure". The names of officers, directors, 5% shareholders, principals and owners must be disclosed in either event. Required disclosures also include the names of any subcontractor/supplier receiving more than $100,000.00 of work and the names of any unions with which the bidder/proposer has a collective bargaining agreement. This page may be photocopied if additional space is required. The individuals listed below are disclosed as having the noted relationship with the business entity/proposer listed above. Show appropriate letter in the box to the left. Use center box for relationship to another line number: A=Officer, B=Director, C=Principal, D=Owner, E=Controller of 5% or more of the stock, F=Spouse, G=Child under age 18, H=Subcontractor, I=Supplier, J=Union. Identify with an asterisk (*) all listed persons who have made a contribution or contribution in-kind, as defined by Section 15-32 D.R.M.C., within the last five years.

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

BIDDER/CONTRACTOR/VENDOR/PROPOSER CERTIFIED STATEMENT IN LIEU OF DISCLOSURE OF NAMES OF SPOUSES AND CHILDREN

I hereby certify that, except as identified by an asterisk above, no officer, director, shareholder who owns or controls 5% or more of the business entity, principal, or owner or his or her spouse or child under eighteen years of age has made a contribution, as defined at 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. ________________________________________________ Signature of Officer/Owner of Bidding/Proposing entity



ATTACHMENT 2

PART 5

MULTIPLIER FACTOR (MF)



ATTACHMENT 2, PART 5 MULTIPLIER FACTOR (MF)


Denver International Airport

MULTIPLIER FACTOR (MF) The Consultants Billing Rate for all authorized positions will be established by multiplying the Base Raw Rate by the Multiplier Factor. The Multiplier Factor shall include all Approved Overhead, as described in Exhibit A – Scope of Work. Please indicate the Multiplier Factor to be used by the Proposer and all its subconsultants below. Name of Firm Proposer MF= _________ ____________________________________ Subconsultant MF=__________ ____________________________________ Subconsultant MF=__________ ____________________________________ Subconsultant MF=__________ ____________________________________ Subconsultant MF=__________ ____________________________________ Subconsultant MF=__________ ____________________________________ Subconsultant MF=__________ ____________________________________ Subconsultant MF=__________ ____________________________________



ATTACHMENT 2 PART 6

SCORESHEET

The following scoresheet is included for information purposes only. This scoresheet will be used by the City Evaluation and Selection Committee to numerically rank the proposals. If the City elects to create a short list, it will also be used for interviews/presentations for the short listed firms.



ATTACHMENT 2, PART 6 PROPOSAL SCORESHEET

Agreement Title: Project Management & Support Services (Defined Pool) Agreement No.__20120XXXXX______ Consultant:_____________________________ Review Date__________________ Signature of Reviewer____________________ Rating Factors: 5-Excellent, 4-Above Average, 3-Average, 2-Below Average, 1-Poor, 0-Nonresponsive

Proposers were instructed to limit their proposal to 50 pages. Elements of the proposals that scorers should consider are as follows:

WEIGHT FACTOR

RATING FACTOR (0-5)

SCORE

1. CONSULTANT’S UNDERSTANDING OF SCOPE OF WORK AND NATURE OF SERVICES-

3

2. CONSULTANT’S CLARITY OF WORK PLAN-

2

3. CONSULTANT’S PROJECT MANAGEMENT AND DOCUMENT CONTROL EXPERIENCE & ABILITIES

1

4. CONSULTANT’S ORGANIZATION PLAN-

1

5. SUBCONSULTANT’S QUALIFICATIONS AND EXPERIENCE-

2

6. CONSULTANT’S AND SUBCONSULTANT’S KEY PERSONNEL-

3

7. CONSULTANT’S DEMONSTRATED EXPERIENCE-

3

8. CONSULTANT’S AND SUBCONSULTANT’S OFFICE LOCATIONS AND ABILITY TO RESPOND-

2

9. CONSULTANT’S SBE PARTICIPATION- 3

10. OTHER UNIQUE CONSULTANT SLEECTION CRITERIA- 1

TOTAL SCORE

Attachment 3, Sample Insurance Certificates


ATTACHMENT 3

SAMPLE

INSURANCE CERTIFICATE

(to be used by successful Proposer)

of 2 Certificate of Insurance for Aviation –Aviation General

Revised 02/11

CITY AND COUNTY OF DENVER

CERTIFICATE OF INSURANCE FOR DEPARTMENT OF AVIATION

Original COI Advice of Renewal Change

Party to Whom this Certificate is Issued:

Name and Address of Insured:

CITY AND COUNTY OF DENVER Attn: Risk Management, Suite 8810 Manager of Aviation Denver International Airport 8500 Peña Boulevard, Room 8810 Denver CO 80249

CONTRACT NAME & NUMBER TO WHICH THIS INSURANCE APPLIES: 201206879 Project Management and Support Service

I. MANDATORY COVERAGE

Colorado Workers’ Compensation and Employer Liability Coverage

Coverage: COLORADO Workers’ Compensation Minimum Limits of Liability (In Thousands)

WC Limits: $100, $500, $100

And Employer’s Liability Limits:

Any Policy issued under this section must contain, include or provide for the following:

1. All States Coverage or Colorado listed as a covered state for the Workers’ Compensation 2. Waiver of Subrogation and Rights of Recovery against the City and County of Denver (the “City”), its officers, officials

and employees.

Commercial General Liability Coverage

Coverage: Commercial General Liability (coverage at least as broad as that provided by ISO form CG0001 or equivalent)

Minimum Limits of Liability (In Thousands):

Each Occurrence: $1,000 General Aggregate Limit: $2,000 Products-Completed Operations Aggregate Limit: $2,000 Personal & Advertising Injury: $1,000 Fire Damage Legal - Any one fire: $1,000


1. City, its officers, officials and employees as additional insureds, per ISO form CG2010 and CG 2037 or equivalents. 2. Coverage for defense costs of additional insureds outside the limits of insurance, per CG0001. 3. Liability assumed under an Insured Contract (Contractual Liability). 4. The full limits of coverage must be dedicated to apply to this project/location, per ISO form CG2503 or equivalent. 5. Waiver of Subrogation and Rights of Recovery, per ISO form CG2404 or equivalent. 6. Separation of Insureds Provision required 7. General Aggregate Limit Applies Per: Policy ___Project ____Location_____, if applicable

Business Automobile Liability Coverage Coverage: Business Automobile Liability (coverage at least as broad as ISO form CA0001) Minimum Limits of Liability (In Thousands): Combined Single Limit $1,000

of 2 Certificate of Insurance for Aviation –Aviation General

Revised 02/11


1. Symbol 1, coverage for any auto. If no autos are owned, Symbols 8 & 9, (Hired and Non-owned) auto liability. 2. If this contract involves the transport of hazardous cargo such as fuel, solvents or other hazardous materials may

occur, then Broadened Pollution Endorsement, per ISO form CA 9948 or equivalent and MCS 90 are required.

II. ADDITIONAL COVERAGE Umbrella Liability

Coverage: Umbrella Liability Minimum Limits of Liability (In Thousands)

Umbrella Liability Restricted Area Each Occurrence and aggregate $9,000 Any Policy issued under this section must contain, include or provide for the following:

1. City, its officers, officials and employees as additional insureds. 2. Coverage in excess of, and at least as broad as, the primary policies in sections WC-1, CGL-1, and BAL-1. 3. If operations include unescorted airside access at DIA, then a $9 million Umbrella Limit is required.

Professional Liability, Design, Engineering and Construction Supervision

Coverage: Professional Liability Minimum Limits of Liability (In Thousands) Per Claim $1,000


1. Coverage must extend, by endorsement or otherwise, to cover the full scope of any and all environmental work performed under the insured’s contract with the City.

2. Coverage shall extend to cover the full scope of all cost estimating work performed under the insured's contract with the City.

3. Coverage shall apply for three (3) years after project is complete. 4. Coverage is to be on a primary basis, if other professional coverage is carried.

III. ADDITIONAL CONDITIONS

It is understood and agreed, for the benefit of the City, that the following additional conditions shall apply to all coverage specified herein

All coverage provided herein shall be primary and any insurance maintained by the City shall be considered excess.

With the exception of professional liability and auto liability, a Waiver of Subrogation and Rights of Recovery against the City, its officers, officials and employees is required for each coverage period.

The City shall have the right to verify or confirm, at any time, all coverage, information or representations contained herein, and the insured and its undersigned agent shall promptly and fully cooperate in any such audit the City may elect to undertake.

Advice of renewal is required.

All insurance companies issuing policies hereunder must carry at least an A -VI rating from A.M. Best Company or obtain a written waiver of this requirement from the City’s Risk Administrator.

Compliance with coverage requirement by equivalent herein must be approved in writing by the City’s Risk Administrator prior to contract execution.

No changes, modifications or interlineations on this Certificate of Insurance shall be allowed without the review and approval of the Risk Administrator prior to contract execution.

NOTICE OF CANCELLATION

It is understood and agreed that should any Policy issued hereunder be cancelled or non-renewed before the expiration date thereof, or sustain a material change in coverage adverse to the City, the issuing company or its authorized Agent shall give notice to the Department of Aviation in accordance with policy provisions.

Attachment 4, Sample Agreement


ATTACHMENT 4

SAMPLE AGREEMENT

[Consultant name]

Contract No. 201206879

A G R E E M E N T

THIS AGREEMENT made and entered into by and between the CITY AND COUNTY

OF DENVER, a municipal corporation of the State of Colorado ("City"), and ________________,

a ______________ [entity] ("Consultant");

W I T N E S S E T H :

WHEREAS, the City owns and operates Denver International Airport ("DIA" or the

"Airport"), and will require planning and programming support, design management services,

construction management, and other support services for the Airport; and

WHEREAS, the City has solicited and received proposals for such services, and has

chosen the proposal submitted by Consultant; and

WHEREAS, the Consultant is ready, willing and able to provide planning and

programming support, design management services, construction management, and other support

services to the City, in accordance with its proposal submitted to the City;

NOW, THEREFORE, for and in consideration of the premises and other good and

valuable consideration, the parties hereto agree as follows:

1. LINE OF AUTHORITY; NOTICES:

A. The City's Manager of Aviation, her designee or successor in function

(hereinafter referred to as the "Manager") authorizes and directs all work performed under this

Agreement. Until otherwise notified by the Manager, the City's Deputy Manager of Aviation for

Planning and Development ("Deputy Manager") is designated as the authorized representative of

the Manager through whom services performed under this Agreement shall be directed and

coordinated. Administrative reports, memoranda, correspondence and other submittals required of

the Consultant shall be channeled in accordance with the Deputy Manager's directions. The

Consultant shall establish and notify the City of a similar channel within its organization through

which City-initiated communications will be transmitted.

B. Notwithstanding the above, notices concerning termination of this Agreement,

notices of alleged or actual violations of the terms of this Agreement, and other notices of similar

importance shall be made as follows:

SAM

PLE

[Consultant name]

Contract No. 201206879 Page 2

by Consultant to: Manager of Aviation

Denver International Airport

8500 Peña Boulevard, 9th Floor

Denver, Colorado 80249-6340

and by City to:

Said notices shall be delivered personally during normal business hours to the appropriate office

above or by prepaid U.S. certified mail, return receipt requested. Mailed notices shall be deemed

effective upon deposit with the U.S. Postal Service. Either party may from time to time designate

substitute addresses or persons where and to whom such notices are to be mailed or delivered, but

such substitutions shall not be effective until actual receipt of written notification thereof.

2. SCOPE OF WORK:

A. At the direction and discretion of the Deputy Manager, the Consultant will

provide professional, technical and support staff to perform or assist with project managemetn

services, which may include management of planning ,design, and constructio nservices, and any

other support services as required on projects designated for such services by the Deputy Manager,

as further described in Exhibit A – Scope of Services and consistent with the terms and conditions

of this Agreement.

B. The Consultant agrees that it will provide no services until directed in

writing by the Deputy Manager, and that the Deputy Manager may in such direction specify a

project or projects for which the services are to be performed, whether the said services are to be

performed using full time or part time employment of one or more persons or crews, and whether

the said services are to be performed with respect to the entire project or projects or specified parts

thereof. The Deputy Manager's determinations with respect to the amounts of time and number of

personnel assigned to one or more projects will be controlling with regard to the amounts of

compensation due to the Consultant for such services under this Agreement.

C. The Consultant will meet with the Deputy Manager, designated Planning

and Development Division (PDD) employees, Project Manager(s), and others, in order that the

appropriate employees and/or subconsultants of the Consultant obtain an adequate and complete

understanding of the PDD’s goals, needs, and requirements for all assigned tasks, and therefore

may properly execute the task(s).

D. The Consultant will, as directed by the Deputy Manager, provide separately

for each day and for each project upon which services are performed under this Agreement, full and

complete inspection reports and other reports as required, detailing the project and support services

[Consultant name]


performed. The Consultant will prepare each report in the form directed by the Deputy Manager,

and will furnish the number of copies of each report, and distribute or submit them to such persons,

as the Deputy Manager directs.

E. The Consultant agrees that all personnel whom it assigns to any position,

project or projects under this Agreement will be approved in writing by the Deputy Manager prior

to commencing their duties under this Agreement, and the PDD reserves the right to accept or reject

any proposed personnel and to require the removal, reassignment, or addition of personnel, as the

Deputy Manager in his discretion directs.

F. Prior to permitting any person to commence work on any project assignment

under this Agreement, the Consultant will submit the names and qualifications of each candidate

that it proposes to assign to perform such work, along with such candidate's proposed hourly wage,

for approval to the Deputy Manager, and will make each such candidate available to be interviewed

in person by the Deputy Manager, unless approved otherwise.

G. The Consultant agrees that all personnel provided by it to perform services

under this Agreement shall be and remain during the time of their employment competent and

completely and fully qualified for the duties to which they are assigned. The qualifications for

certain specific duties have been set forth in writing by the Deputy Manager. The qualifications set

out are not intended as limitations on the maximum qualifications for each such position or

function. The Deputy Manager reserves the right to advise the Consultant from time to time of

further qualifications required of, and additional types of duties to be performed by, the Consultant's

personnel assigned to DIA.

H. The Consultant shall not remove or reassign any approved personnel

assigned to DIA and performing work under the Agreement without the express written approval of

the Deputy Manager.

3. COMPENSATION AND PAYMENT: The City agrees to pay, and the

Consultant agrees to accept as sole compensation for complete costs incurred and services rendered

hereunder, amounts calculated in accordance with the provisions of this Agreement, including

Exhibits A, B and D attached hereto and incorporated herein by this reference. However, nothing in

this Agreement shall be construed to guarantee the Consultant any particular amount of work,

billings or profit for any period under this Agreement.

A. Compensation for hours worked. The Consultant’s total and sole

compensation for total hours worked as described in subparagraph 3(B) shall be established by

adding each individual employee’s regular and overtime wage totals for a gross monthly payroll and

multiplying the sum so obtained by the appropriate “Multiplier Factor” in accordance with the

following:

Gross monthly payroll of regular hours times ______

+ Gross monthly payroll of overtime hours times _______

= Consultant’s total compensation for hours worked (labor) at DIA

[Consultant name]


The Consultant’s total compensation for hours worked by the Consultant’s other employees

assigned to perform work under the Agreement but not assigned to City office space shall be ____

for regular and overtime hours.

B. Hourly wage rates. Hourly wage rates shall be established in accordance

with the Schedule of Personnel Classifications as described in Exhibit A; however, the wage rate

shall not exceed the maximum rate as published by the Career Service Authority without written

approval by the Deputy Manager. Compensation paid to any subconsultant’s employees who

perform services under this Agreement shall be established in the same manner as for direct

employees of the Consultant, and governed by the provisions of this Agreement.

C. Subconsultants. For services authorized by the City to be performed under

this Agreement by approved subconsultants, the City agrees to pay, and the Consultant agrees to

accept as full and complete compensation therefore, a sum equal to the actual amount of each

subconsultant’s invoices paid by the Consultant, plus an amount equal to ___% of such invoices,

excluding reimbursable expenses incurred by subconsultants under paragraphs D. (1), (2) and (3)

below.

All subconsultants’ billing methodology for labor and reimbursable expenses shall be consistent

with and not greater than allowed by this Agreement for Consultant’s services. The Multiplier

Factors for all Subconsultants accepted by the City at the time of execution of this Agreement are

set out on Exhibit D attached hereto and incorporated herein.

D. Reimbursable expenses. In addition to the compensation for hours worked

as provided above, the City agrees to pay, and the Consultant agrees to accept as full and complete

reimbursement for its expenses incurred in performing this Agreement, amounts properly and

timely invoiced and in accordance with the following:

(1) The City shall provide reimbursement for the Consultant’s

employee’s automobile travel expenses, when such travel has been specifically

authorized in writing by the Deputy Manager or his authorized representative and

when a vehicle has not been furnished by the City, is payable at the federal rate in

affect at the time of the expense. DIA shall be the point or origin for mileage

calculation; mileage shall not be paid for commuting to DIA.

(2) The City shall reimburse the Consultant at cost for the Consultant’s

reasonable and necessary expenses incurred in obtaining DIA access badges, vehicle

permits, and parking for its employees and all subconsultant employees who

perform services under this Agreement. Consultant’s and subconsultants’

employees assigned to work at DIA shall be provided regular employee parking.

(3) The City shall reimburse the Consultant for actual, reasonable

premiums paid for insurance as required in Section 12.

[Consultant name]


(4) The City may reimburse the Consultant for special and unusual costs

incurred in the performance of services which were requested in writing by the City

under this Agreement utilizing a Reimbursable Expense Authorization. However,

such reimbursement shall be made only if the amounts to be reimbursed were

approved in advance in writing by the Deputy Manager, and only if the Deputy

Manager determines that the costs incurred were a necessary part of the services

rendered and that such costs could not have been reasonably anticipated and

provided for in the Multiplier Factor. These costs shall be reimbursed to the

Consultant at cost plus a markup up to but not exceeding ___ percent __%).

E. Authorized Tasks. For other certain planning, programming, design and/or

construction related services authorized by the City to be performed under this Agreement on a task

order basis, the City agrees to pay and Consultant agrees to accept as full and complete

compensation therefore, a sum negotiated and agreed by the parties prior to the commencement of

the services. The City may make changes to the scope of any authorized task. Upon receiving a

change in the scope of the task, the Consultant shall provide a written proposal within fifteen (15)

days of the occurrence of the event giving rise to the change. The amount of the change in

compensation shall be determined utilizing the same basis as the compensation for the original task.

4. MAXIMUM CONTRACT LIABILITY; FUNDING:

A. In no event shall the City be liable for payment under the terms of this

Agreement for any amount in excess of __________________ and No/100 Dollars ($000,000.00)

(“Maximum Contract Liability”). The Maximum Contract Liability may only be increased by

amendment to this Agreement.

B. All payments under this Agreement shall be paid from the City’s Airport

System Capital Improvement and Replacement Fund, Airport Operations and Maintenance Fund,

and Airport Bond Revenue Funds. The City has no obligation to make payments from any other

source or issue additional revenue bonds to satisfy such costs. The City is not under any obligation

to make any future encumbrances or appropriations for this contract nor is the City under any

obligation to amend this Agreement to increase the Maximum Contract Liability set forth above.

C. The City has disclosed to the Consultant, and the Consultant acknowledges

that an amount less than the total Maximum Contract Liability has been appropriated and

encumbered for purposes of this Agreement. The City will, upon request at any time during the

term of this Agreement, disclose to the Consultant the amount which has been appropriated and

encumbered for purposes of this Agreement, the total amount of Consultant’s approved billings to

that date, and the amount of appropriated and encumbered funds which are at that date available for

expenditure by the City under this Agreement. The Consultant is not eligible for payment for

services performed or expenses incurred at any time when there are insufficient funds available for

payment by the City for such services or expenses. The Consultant is not obligated to provide

services under this Agreement when there are insufficient funds available to pay for such services.

[Consultant name]


In such event, the Consultant shall immediately notify the Manager, in writing, of the amount of

funds available for expenditure, the amount needed to pay for pending services, and the date when

the Consultant will cease to perform services due to the unavailability of funds hereunder.

However, nothing in this Section 4 shall be construed to allow the Consultant to stop work when

the amount of funds available for expenditure hereunder is equal to or greater than the Consultant’s

projected billings for services to be performed and expenditures to be incurred in the next fifteen

(15) days. If the Consultant has ceased work under this Section 4, the Manager will notify the

Consultant in writing when sufficient funds to pay for future services have been appropriated,

encumbered and made available for expenditure under this Agreement, and the Consultant will

resume providing such services within five (5) business days thereafter.

5. TERM: The Term of this Agreement shall commence on the date of the Notice to

Proceed issued to the Consultant, and shall terminate at the end of ________________ thereafter,

unless terminated in accordance with the provisions hereof.

6. SUBCONSULTANTS AND SUBCONTRACTORS:

A. Although the Consultant may retain, hire and contract with outside

subconsultants and subcontractors, no final agreement or contract with any such subconsultant or

subcontractor shall be entered into without the prior written consent of the Manager or his

authorized representative. Requests for such approval must be made in writing and include a

description of the nature and extent of the services to be provided, the name, address and

professional experience of the proposed subconsultant or subcontractor, and any other information

requested by the Manager. Any final agreement or contract with an approved subconsultant or

subcontractor must contain a valid and binding provision whereby the subconsultant or

subcontractor waives any and all rights to make any claim of payment against the City or to file or

claim any lien or encumbrance against any City property arising out of the performance or non-

performance of the contract.

B. Because the Consultant's represented professional qualifications are a

consideration to the City in entering into this Agreement, the Manager shall have the right to reject

any proposed outside subconsultant or subcontractor deemed by him, in his sole discretion, to be

unqualified or unsuitable for any reason to perform the proposed services, and the Manager shall

have the right to limit the number of outside subconsultants or subcontractors or to limit the

percentage of work to be performed by them, all in his sole and absolute discretion.

7. ASSIGNMENT: The Consultant shall not assign, pledge or transfer its duties and

rights under this Agreement, in whole or in part, without first obtaining the written consent of the

Manager. Any attempt by the Consultant to assign or transfer its rights hereunder without such

prior written consent shall, at the option of the Manager, automatically terminate this Agreement

and all rights of the Consultant hereunder. Such consent may be granted or denied at the sole and

absolute discretion of the Manager.

8. COMPLIANCE WITH SBE PROGRAM:

[Consultant name]


A. This Contract is subject to Article VII of Chapter 28, Denver Revised

Municipal Code (D.R.M.C.), designated as §§ 28-201 to 28-234 (the “SBE Ordinance”), and the

Rules and Regulations promulgated pursuant thereto. This Agreement is also subject to the defined

selection pool requirements of the SBE Ordinance. The Contractor is an eligible certified Small

Business Enterprise (“SBE”) and it identified in its Proposal SBE firms with which it intends to

subcontract under this Agreement. Pursuant to § 28-209, D.R.M.C., the Director of the City’s

Division of Small Business Opportunity (“DSBO”) has determined that an additional 20%

mandatory SBE participation must be achieved through the utilization of certified SBE

subcontractors or suppliers for this Agreement.

B. Under § 28-222 D.R.M.C., the Contractor has an ongoing, affirmative

obligation to maintain for the duration of this Contract, at a minimum, compliance with the SBE

defined selection pool requirements and with its originally achieved level of SBE participation upon

which this Agreement was awarded, unless the City initiates a material alteration to the scope of

work affecting SBEs performing on this Contract through change order, contract amendment, force

account, or as otherwise described in § 28-223 D.R.M.C. The Contractor acknowledges that:

(i) It must establish and maintain records and submit regular reports, as

required, which will allow the City to assess the Contractor’s

compliance with the defined selection pool requirements and

additional SBE participation requirements.

(ii) The Contractor shall have a continuing obligation to immediately

inform the DSBO in writing of any agreed upon increase or decrease

in the scope of work of this Agreement, upon any of the bases

described in § 28-223, D.R.M.C., regardless of whether such

increase or decrease in scope of work has been reduced to writing at

the time of notification.

(iii) Any increase in the scope of services of this Contract, whether by

amendment or any other addition of special, additional or other

services to the Agreement, which increases the dollar value of the

Agreement, if such change is within the scope of work designated

for performance by the Consultant or any utilized SBE

subcontractor, subconsultant or supplier at the time of award of this

Agreement, shall be contemporaneously submitted to the DSBO.

The Contractor shall achieve defined selection pool requirements

and the minimum SBE subcontractor, subconsultant and supplier

utilization requirements as respects such changed scope of work by

performing such work or by retaining additional SBE

subcontractor(s), subconsultant(s) and/or supplier(s). The Contractor

shall supply to the Director of DSBO the documentation required by

the Director of DSBO with respect to the increased dollar value of

this Contract.

C. The Contractor shall not, during the term of this Contract:

[Consultant name]


(i) Fail to in fact perform as an SBE to achieve the work scope which

was originally listed at proposal submission in order to achieve

defined selection pool requirements; or

(ii) Fail to in fact utilize SBE subcontractor(s), subconsultant(s) and/or

supplier(s) to achieve the work scope which was originally listed at

proposal submission in order to achieve required minimum

utilization of SBE subcontractors, subconsultants and suppliers; or

(iii) Modify or eliminate all or a portion of the scope of work attributable

to the SBE upon which the contract was awarded, unless directed by

the City.

D. Any action by the Contractor in violation of this Section shall constitute a

material breach of this Contract, for which the City may exercise all of its rights at law or equity,

and shall also subject the Contractor to the sanctions set out in the SBE Ordinance.

E. Should any questions arise regarding specific circumstances, the Contractor

must consult the SBE Ordinance or contact the Project’s designated DSBO representative at (303)

342-2180.

9. NO DISCRIMINATION IN EMPLOYMENT: In connection with the

performance of work under this Agreement, the Consultant agrees not to fail or refuse to hire,

discharge, promote or demote, or to discriminate in matters of compensation, terms, conditions or

privileges of employment 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 Consultant further agrees to insert the foregoing provision in all

subcontracts hereunder.

10. FEDERAL PROVISIONS: This Agreement is subject and subordinate to the

terms, reservations, restrictions and conditions of any existing or future agreements between the

City and the United States, the execution of which has been or may be required as a condition

precedent to the transfer of federal rights or property to the City for airport purposes and the

expenditure of federal funds for the extension, expansion or development of the Denver Municipal

Airport System, including DIA. The provisions of the attached Appendix No. 1 are incorporated

herein by reference.

11. STATUS OF CONSULTANT: It is agreed and understood by and between the

parties hereto that the status of the Consultant shall be that of an independent contractor retained on

a contractual basis to perform professional or technical services for limited periods of time as

described in Section C5.23-3 of the Charter of the City and County of Denver, and it is not

intended, nor shall it be construed, that the Consultant or its personnel are employees or officers of

the City under Chapter 18 of the Revised Municipal Code for any purpose whatsoever.

12. INSURANCE:

[Consultant name]


A. The Consultant shall obtain and keep in force during the entire term of this

Agreement, all of the insurance policies described in the City’s form of insurance certificate which

is attached to this Agreement as Exhibit C and incorporated herein. Such insurance coverage

includes workers’ compensation and employer liability, commercial general liability, business

automobile liability, and professional liability. Upon execution of this Agreement, the Consultant

shall submit to the City a fully completed and executed original of the attached insurance certificate

form, which specifies the issuing company or companies, policy numbers and policy periods for

each required coverage. In addition to the completed and executed certificate, the Consultant shall

submit a copy of a letter from each company issuing a policy identified on the certificate,

confirming the authority of the broker or agent to bind the issuing company, and a valid receipt of

payment of premium.

B. The City’s acceptance of any submitted insurance certificate is subject to the

approval of the City’s Risk Management Administrator. All coverage requirements specified in the

certificate shall be enforced unless waived or otherwise modified in writing by the City’s Risk

Management Administrator.

C. The Consultant shall comply with all conditions and requirements set forth

in the insurance certificate for each required coverage during all periods in which coverage is in

effect.

D. Unless specifically excepted in writing by the City’s Risk Management

Administrator, the Consultant shall include all subconsultants performing services hereunder as

insureds under each required policy or shall furnish a separate certificate (on the form certificate

provided), with authorization letter(s) for each subconsultant. All coverages for subconsultants

shall be subject to all of the requirements set forth in the form certificate and the Consultant shall

insure that each subconsultant complies with all of the coverage requirements.

E. The parties hereto understand and agree that the City and County of Denver,

its officers, officials and employees, are relying on, and do not waive or intend to waive by any

provisions of this agreement, the monetary limitations or any other rights, immunities and

protections provided by the Colorado Governmental Immunity Act, §§ 24-10-101 to 120, C.R.S., or

otherwise available to the City and County of Denver, its officers, officials and employees.

13. DEFENSE AND INDEMNIFICATION:

A. To the fullest extent permitted by law, the Consultant hereby agrees to

defend, indemnify, reimburse and hold harmless City, its appointed and elected officials, agents and

employees for, from and against all liabilities, claims, judgments, suits or demands for damages to

persons or property arising out of, resulting from, or related to the work performed under this

Agreement that are due to the negligence or fault of the Consultant or the Consultant’s agents,

representatives, subcontractors, or suppliers (“Claims”). This indemnity shall be interpreted in the

broadest possible manner consistent with the applicable law to indemnify the City.

[Consultant name]


B. Consultant’s duty to defend and indemnify City shall arise at the time

written notice of the Claim is first provided to City regardless of whether suit has been filed and

even if Consultant is not named as a Defendant.

C. Consultant will defend any and all Claims which may be brought or

threatened against City and will pay on behalf of City any expenses incurred by reason of such

Claims including, but not limited to, court costs and attorney fees incurred in defending and

investigating such Claims or seeking to enforce this indemnity obligation. Such payments on behalf

of City shall be in addition to any other legal remedies available to City and shall not be considered

City’s exclusive remedy.

D. Insurance coverage requirements specified in this Agreement shall in no way

lessen or limit the liability of the Consultant under the terms of this indemnification obligation. The

Consultant shall obtain, at its own expense, any additional insurance that it deems necessary for the

City’s protection.

E. This defense and indemnification obligation shall survive the expiration or

termination of this Agreement.

14. COORDINATION OF SERVICES: The Consultant agrees to perform its work

under this Agreement in accordance with the operational requirements of DIA, and all work and

movement of personnel or equipment on areas included within the DIA site shall be subject to the

regulations and restrictions established by the City or its authorized agents.

15. COMPLIANCE WITH ALL LAWS AND REGULATIONS: All of the work

performed under this Agreement by the Consultant shall comply with all applicable laws, rules,

regulations and codes of the United States and the State of Colorado, and with the charter,

ordinances and rules and regulations of the City and County of Denver.

16. PROFESSIONAL RESPONSIBILITY: The Consultant shall faithfully perform

the work required under this Agreement in accordance with standards of care, skill, training,

diligence and judgment exercised by highly competent professionals who perform work of a similar

nature to the work described in this Agreement.

17. COMPLIANCE WITH PATENT, TRADEMARK AND COPYRIGHT

LAWS:

A. The Consultant agrees that all work performed under this Agreement shall

comply with all applicable patent, trademark and copyright laws, rules, regulations and codes of the

United States. The Consultant will not utilize any protected patent, trademark or copyright in

performance of its work unless it has obtained proper permission and all releases and other

necessary documents. If the Consultant prepares any design documents which specify any material,

[Consultant name]


equipment, process or procedure which is protected, the Consultant shall disclose such patents,

trademarks and copyrights in the construction drawings or specifications.

B. The Consultant further agrees to release, indemnify and save harmless the

City, its officers, agents and employees, pursuant to Paragraph 13, "Indemnification," from any and

all claims, damages, suits, costs, expenses, liabilities, actions or proceedings of any kind or nature

whatsoever, of or by anyone whomsoever, in any way resulting from, or arising out of, directly or

indirectly, the performance of work under this Agreement which infringes upon any patent,

trademark or copyright protected by law, except in cases where the Consultant's personnel are

working under the direction of City personnel and do not have direct knowledge or control of

information regarding patents, trademarks, and copyrights.

18. WAIVER OF CRS 13-20-801, et seq.: Notwithstanding any other provision of

this Agreement, the Consultant specifically waives all of the provisions of Colorado Revised

Statutes §§ 13-20-801 – 80 as they may relate to the Consultant’s performance under this

Agreement.

19. CONFLICT OF INTEREST: The Consultant agrees that it and its

subsidiaries, affiliates, subconsultants, principals, or employees will not engage in any transaction,

activity or conduct which would result in a conflict of interest. The Consultant represents that it has

disclosed any and all current or potential conflicts of interest. A conflict of interest shall include

transactions, activities, or conduct that would affect the judgment, actions or work of the Consultant

by placing the Consultant's own interests, or the interest of any party with whom the Consultant has

a contractual arrangement, in conflict with those of the City. The City, in its sole discretion, shall

determine the existence of a conflict of interest and may terminate this Agreement if such a conflict

exists, after it has given the Consultant written notice which describes such conflict. The

Consultant shall have thirty days after the notice is received in which to eliminate or cure the

conflict of interest in a manner which is acceptable to the City.

20. OWNERSHIP OF WORK PRODUCT: All plans, drawings, reports, other

submittals, and other documents submitted to the City or its authorized agents by the Consultant

shall become and are the property of the City, and the City may, without restriction, make use of

such documents and underlying concepts as it sees fit. The Consultant shall not be liable for any

damage which may result from any use of such documents for purposes other than those described

in this Agreement.

21. ADVERTISING AND PUBLIC DISCLOSURES: The Consultant shall not

include any reference to this Agreement or to work performed hereunder in any of its advertising or

public relations materials without first obtaining the written approval of the Manager. Any oral

presentation or written materials related to DIA shall include only presentation materials, work

product, and technical data which have been accepted by the City, and designs and renderings, if

any, which have been accepted by the City. The Manager shall be notified in advance of the date

and time of any such presentations. Nothing herein, however, shall preclude the Consultant's use of

this contract and its component parts in GSA form 254 or 255 presentations, or the transmittal of

[Consultant name]


any information to officials of the City, including without limitation, the Mayor, the Manager, any

member or members of City Council, and the Auditor.

22. USE, POSSESSION OR SALE OF ALCOHOL OR DRUGS: The Consultant

shall cooperate and comply with the provisions of Executive Order 94 and Attachment A thereto

concerning the use, possession or sale of alcohol or drugs. Violation of these provisions or refusal

to cooperate with implementation of the policy can result in the City's barring the Consultant from

City facilities or participating in City operations.

23. CITY SMOKING POLICY: The Consultant and its officers, agents and

employees shall cooperate and comply with the provisions of Denver Executive Order No. 99

prohibiting smoking in all indoor City buildings and facilities.

24. EXAMINATION OF RECORDS:

A. Records of the Consultant's direct personnel, Consultant and reimbursable

expenses pertaining to this Project and records of accounts between the City and the Consultant

shall be kept on a generally recognized accounting basis. The Consultant agrees that the Manager

and the Auditor of the city or any of their duly authorized representatives, until the expiration of

three (3) years after the final payment under this Agreement, shall have access to and the right to

examine any books, documents, papers and records of the Consultant, involving transactions

related to this Agreement, without regard to whether the work was paid for in whole or in part

with federal funds or was otherwise related to a federal grant program. The Consultant, upon

request by either shall make all such books and records available for examination and copying in

Denver, Colorado.

B. In connection with any services performed hereunder on items of work

toward which federal funds may be received under the Airport and Airway Development Act of

1970, as amended, the City, the Federal Aviation Administration, the Comptroller General of the

United States, and any of their duly authorized representatives, shall have access to any books,

documents, papers and records of the Consultant which are directly pertinent to a specific grant

program for the purpose of making audit, examination, excerpts and transcriptions. The

Consultants further agree that such records will contain information concerning the personnel,

hours and specific tasks performed, along with the applicable federal project number.

25. CITY REVIEW OF PROCEDURES:

The Contractor agrees that, upon request of the Deputy Manager, at any time during the term of the

Agreement or three years thereafter, it will make full disclosure to the City of the means, methods,

and procedures used in performance of services hereunder.

26. TERMINATION:

[Consultant name]


A. The City has the right to terminate this Agreement with or without cause, on

thirty (30) days written notice to the Consultant. However, nothing herein shall be construed as

giving the Consultant the right to perform services under this Agreement beyond the time when

such services become unsatisfactory to the Manager. In the case of termination with cause the

consultant shall have the right to cure unsatisfactory performance within thirty (30) days of the

notice to terminate.

B. If the Consultant is discharged before all the services contemplated hereunder

have been completed, or if the Consultant's services are for any reason terminated, stopped or

discontinued because of the inability of the Consultant to provide service under this Agreement, the

Consultant shall be paid only for those services satisfactorily performed prior to the time of

termination.

C. Upon termination of this Agreement by the City, the Consultant shall have

no claim of any kind whatsoever against the City by reason of such termination or by reason of any

act incidental thereto, except as follows: if the termination is for the convenience of the City the

Consultant shall be entitled to reimbursement for the reasonable cost of the work to the date of

termination, including multiplier, and reasonable costs of orderly termination, provided request for

such reimbursement is made no later than six (6) months from the effective date of termination. The

Consultant shall not be entitled to loss of anticipated profits or any other consequential damages as

a result of any such termination for convenience, and in no event shall the total sums paid exceed

the Contract Amount.

D. The Consultant has the right to terminate this contract with or without cause

by giving not less than thirty (30) days prior written notice to the City.

27. RIGHTS AND REMEDIES NOT WAIVED: In no event shall any payment by

the City hereunder constitute or be construed to be a waiver by the City of any breach of covenant

or default which may then exist on the part of the Consultant, and the making of any such payment

when any such breach or default shall exist shall not impair or prejudice any right or remedy

available to the City with respect to such breach or default; and no assent, expressed or implied, to

any breach of any one or more covenants, provisions or conditions of this Agreement shall be

deemed or taken to be a waiver of any other breach.

28. NO THIRD PARTY BENEFICIARIES: It is expressly understood and agreed

that enforcement of the terms and conditions of this Agreement and all rights of action relating to

such enforcement shall be strictly reserved to the City and the Consultant, and nothing contained in

this Agreement shall give or allow any such claim or right of action by any other or third person on

such Agreement. It is the express intention of the City and the Consultant that any person other

than the City or the Consultant receiving services or benefits under this Agreement shall be deemed

to be an incidental beneficiary only.

29. ADMINISTRATIVE HEARING: Disputes arising under or related to this

Agreement or the work which is the subject of this Agreement shall be resolved by administrative

[Consultant name]


hearing which shall be conducted in accordance with the procedures set forth in Section 5-17,

Revised Municipal Code of the City and County of Denver. The parties hereto agree that the

Manager's determination resulting from said administrative hearing shall be final, subject only to

the Consultant's right to appeal the determination under Colorado Rule of Civil Procedure, Rule

106.”

30. GOVERNING LAW; BOND ORDINANCES; VENUE:

A. This Agreement is made under and shall be governed by the law of

Colorado. Each and every term, provision or condition herein is subject to the provisions of

Colorado law, the Charter of the City and County of Denver, and the ordinances and regulations

enacted pursuant thereto.

B. This Agreement between the Consultant and the City shall be deemed to

have been made in the City and County of Denver, State of Colorado, and shall be subject to,

governed by and interpreted and construed in accordance with the laws of the State of Colorado and

the Charter, the Revised Municipal Code, Rules, Regulations, Executive Orders and fiscal rules of

the City. Consultant shall at all times comply with the provisions of the Charter, Revised

Municipal Code, Rules and Regulations, which in any manner limit, control or apply to the actions

or operations of the Consultant, any subcontractors, employees, agents or servants of the Consultant

engaged in the preconstruction or programming services or affecting the materials and equipment

used in the performance of the preconstruction or programming services, as the same may be, from

time to time, promulgated, revised or amended.

C. This Agreement is in all respects subject and subordinate to any and all City

bond ordinances applicable to the Denver Municipal Airport System and to any other bond

ordinances which amend, supplement, or replace such bond ordinances.

D. Venue for any action arising hereunder shall be in the City and County of

Denver, Colorado.

31. 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.

32. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE: This agreement

consists of Articles 1 through 41 which precede the signature page, and the following attachments

which are incorporated herein and made a part hereof by reference:

Appendix No. 1: Standard Federal Assurances and Nondiscrimination

Exhibit A: Scope of Services

Exhibit B: Scheduling, Progress Reporting and Invoicing

[Consultant name]


Exhibit C: City and County of Denver Insurance Certificate

Exhibit D List of Multiplier Factors

In the event of an irreconcilable conflict between a provision of Articles 1 through 43 and any of the

listed attachments or between provisions of any attachments, such that it is impossible to give effect

to both, the order of precedence to determine which document shall control to resolve such conflict,

is as follows, in descending order:

Appendix No. 1

Articles 1 through 43 hereof

Exhibit C

Exhibit D

Exhibit A

Exhibit B

33. AGREEMENT AS COMPLETE INTEGRATION; AMENDMENTS: This

Agreement is intended as the complete integration of all understandings between the parties. No

prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or

affect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition,

deletion, or other amendment hereto shall have any force or effect unless embodied in a written

amendatory or other agreement properly executed by the parties. This Agreement and any

amendments shall be binding upon the parties, their successors and assigns.

34. CITY EXECUTION OF AGREEMENT: This Agreement is expressly subject

to and shall not be or become effective or binding on the City until it has been approved by the City

Council and fully executed by all signatories of the City and County of Denver, and a copy has been

delivered to the Consultant.

35. COUNTERPARTS OF THIS AGREEMENT: This Agreement will be executed

in six (6) counterparts, each of which shall be deemed to be an original of this Agreement.

36. FORCE MAJEURE: Neither party shall be liable for any failure to perform any of

its obligations hereunder due to or caused by, in whole or in part, fire, strikes, lockouts, unusual

delay by common carriers, unavoidable casualties, war, riots, acts of terrorism, acts of civil or

military authority, acts of God, judicial action, or any other causes beyond the control of the parties

and any such situation shall entitle either party to an extension of time to perform obligations under

this Agreement. Both parties shall have the duty to take reasonable actions to mitigate or prevent

further delays or losses resulting from such causes.

37. PROMPT PAY: The Consultant is subject to D.R.M.C. Section 20-112 wherein

the Consultant is to pay its subconsultants or subcontractors in a timely fashion. A payment is

timely if it is mailed to the subconsultant or subcontractor no later than seven days after receipt of

any payment from City. Any late payments are subject to a late payment penalty as provided for in

the prompt pay ordinance (Section 20-107 through 20-118).

[Consultant name]


38. SEVERABILITY: If any part, portion or provision of this Agreement shall be

found or declared null, void, or unenforceable for any reason whatsoever by any court of competent

jurisdiction or any governmental agency having authority thereover, only such part, portion, or

provision shall be affected thereby and all other parts, portions and provisions of this Agreement

shall remain in full force and effect. The Contract Documents form the entire agreement between

the parties, and by incorporating herein, are as fully binding on the parties as if repeated herein. No

oral representations or other agreements have been made except as specifically stated in the

Contract Documents

39. COUNTERPARTS OF THIS AGREEMENT: This Agreement may be executed

in counterparts, each of which shall be deemed to be an original of this Agreement.

40. CITY EXECUTION OF AGREEMENT: This Agreement is expressly subject to

and shall not be or become effective or binding on the City until it has been approved as necessary

by City Council and fully executed by all signatories of the City and County of Denver.

41. PREVAILING WAGE: Consultant shall comply with the City’s Prevailing Wage

Ordinance, Section 20-76 et seq. of the Denver Revised Municipal Code (“D.R.M.C.”), as such

Ordinance applies to Consultant’s activities under this Agreement. The Consultant is prohibited

from hiring any subcontractor that is currently debarred by the City in accordance with D.R.M.C §

20-77.

42. NO EMPLOYMENT OF ILLEGAL ALIENS TO PERFORM WORK

UNDER THIS AGREEMENT: .

A. This Agreement is subject to Division 5 of Article IV of Chapter 20 of the

Denver Revised Municipal Code, and any amendments (the “Certification Ordinance”).

B. The Consultant certifies that:

1. At the time of its execution of this Agreement, it does not knowingly

employ or contract with an illegal alien who will perform work under this

Agreement.

2. It will participate in the E-Verify Program, as defined in § 8-17.5-101(3.7),

C.R.S., to confirm the employment eligibility of all employees who are

newly hired for employment to perform work under this Agreement.

C. The Consultant also agrees and represents that:

1. It shall not knowingly employ or contract with an illegal alien to

perform work under the Agreement.

[Consultant name]


2. It shall not enter into a contract with a subconsultant or

subcontractor that fails to certify to the Consultant that it shall not

knowingly employ or contract with an illegal alien to perform work

under the Agreement.

3. It has confirmed the employment eligibility of all employees who

are newly hired for employment to perform work under this

Agreement, through participation in the E-Verify Program.

4. It is prohibited from using the E-Verify Program procedures to

undertake pre-employment screening of job applicants while

performing its obligations under the Agreement, and that otherwise

requires the Consultant to comply with any and all federal

requirements related to use of the E-Verify Program including, by

way of example, all program requirements related to employee

notification and preservation of employee rights.

5. If it obtains actual knowledge that a subconsultant or subcontractor

performing work under the Agreement knowingly employs or

contracts with an illegal alien, it will notify such subconsultant or

subcontractor and the City within three (3) days. The Consultant

will also then terminate such subconsultant or subcontractor if

within three (3) days after such notice the subconsultant or

subcontractor does not stop employing or contracting with the

illegal alien, unless during such three-day period the subconsultant

or subcontractor provides information to establish that the

subconsultant or subcontractor has not knowingly employed or

contracted with an illegal alien.

6. It will comply with any reasonable request made in the course of an

investigation by the Colorado Department of Labor and

Employment under authority of § 8-17.5-102(5), C.R.S, or the City

Auditor, under authority of D.R.M.C. 20-90.3.

D. The Consultant is liable for any violations as provided in the Certification

Ordinance. If Consultant violates any provision of this section or the Certification Ordinance,

the City may terminate this Agreement for a breach of the Agreement. If the Agreement is so

terminated, the Consultant shall be liable for actual and consequential damages to the City. Any

such termination of a contract due to a violation of this section or the Certification Ordinance

may also, at the discretion of the City, constitute grounds for disqualifying Consultant from

submitting bids or proposals for future contracts with the City.

[Consultant name]


43. ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS:

Consultant consents to the use of electronic signatures by the City. The Agreement, and any

other documents requiring a signature hereunder, may be signed electronically by the City in the

manner specified by the City. The Parties agree not to deny the legal effect or enforceability of

the Agreement solely because it is in electronic form or because an electronic record was used in

its formation. The Parties agree not to object to the admissibility of the Agreement in the form of

an electronic record, or a paper copy of an electronic document, or a paper copy of a document

bearing an electronic signature, on the ground that it is an electronic record or electronic

signature or that it is not in its original form or is not an original.

[Page Intentionally Left Blank, Signatures on Following Page]

[Consultant name]


APPENDIX NO. 1

STANDARD FEDERAL ASSURANCES AND NONDISCRIMINATION

NOTE: As used below the term "contractor" shall mean and include the Consultant, and the term "sponsor" shall

mean the "City".

During the term of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred

to as the "contractor") agrees as follows:

1. Compliance with Regulations. The contractor shall comply with the Regulations relative to

nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49,

Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the

Regulations), which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not

discriminate on the grounds of race, creed, color, sex, national origin in the selection and retention of subcontractors,

including procurements of materials and leases of equipment. The contractor shall not participate either directly or

indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when

the contract covers a program set forth in Appendix B of the Regulations.

3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment. In all solicitations

either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract,

including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified

by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination

on the grounds of race, color, or national origin.

4. Information and Reports. The contractor shall provide all information and reports required by the

Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts other sources

of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA)

to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information

required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the

contractor shall so certify to the sponsor of the FAA, as appropriate, and shall set forth what efforts it has made to

obtain the information.

5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination

provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be

appropriate, including, but not limited to:

a. Withholding of payments to the contractor under the contract until the contractor complies, and/or

b. Cancellation, termination, or suspension of the contract, in whole or in part.

6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every

subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or

directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or

procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for

noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with,

litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to

enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United

States to enter into such litigation to protect the interests of the United States.

7. The Consultant for itself, representatives, successors in interest, and assigns, as a part of the consideration

hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are

[Consultant name]


constructed, maintained, or otherwise operated on the said property described in this agreement for a purpose for

which a DOT program or activity is extended or for another purpose involving the provision of similar services or

benefits, the Consultant shall maintain and operate such facilities and services in compliance with all other

requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the

Department of Transportation, and as said Regulations may be amended.

8. The Consultant for itself, representatives, successors in interest, and assigns, as a part of the consideration

hereof, does hereby covenant and agree as a covenant running with the land: (1) that no person on the grounds of

race, color, sex, creed or national origin shall be excluded from participation in, denied the benefits of, or be

otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements

on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, sex,

creed or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to

discrimination, (3) that the Consultant shall use the premises in compliance with all other requirements imposed by

or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of

Transportation, and as said Regulations may be amended.

9. NONDISCRIMINATION IN AIRPORT EMPLOYMENT OPPORTUNITIES The Consultant assures that it will comply with pertinent statutes, Executive Orders and such rules as are

promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap

be excluded from participating in any activity conducted with or benefiting from Federal assistance.

It is unlawful for airport operators and their lessees, tenants, concessionaires and contractors to discriminate against

any person because of race, color, national origin, sex, creed, or handicap in public services and employment

opportunities.

EXHIBIT A SCOPE OF WORK

PROJECT MANAGEMENT AND SUPPORT SERVICES

Defined Selection Pool CONTRACT NO. 201206879

DENVER INTERNATIONAL AIRPORT

INTRODUCTION

The mission of the Planning & Development Division (PDD) of Denver International Airport (DIA) is to accomplish the planning, programming, design and construction of all facility developments at DIA. To achieve that objective the PDD augments its staffing needs through the engagement of multi-disciplined Consultants. The Defined Selection Pool Consultant for this Request for Proposal, as deemed necessary by the Deputy Manager of Aviation for Planning & Development (Deputy Manager), will provide professional, technical and support staff to fill various positions within the PDD organization to assist with planning, programming, design project management and construction project management. Typical examples of positions to be filled by this proposer, but not limited to, are Project Managers, Contract Administrators, Office Engineers, Estimators, Schedulers, Building Information Management (BIM) technicians and Geographic Information System (GIS) technicians. A. DESCRIPTION OF TYPICAL FACILITY DEVELOPMENT PHASES AND SERVICES 1. PLANNING and PROGRAMMING PHASE: When a facility need has been identified by Planning or a User, it is assigned to a Project Manager and the Programming Phase is initiated. During this phase the Project Manager meets with the User to further refine and quantify the facility need. Alternatives maybe reviewed, cost estimates and schedules are prepared. The project is then incorporated into the Capital Improvement Program or proceeds to the design phase. Project management services during planning and programming include but are not limited to:

(a) Strategic Advice & Planning - Provide advice when requested to the Deputy Manager on issues involved in the planning, design and construction of capital improvement projects. Determine the extent of potential problems and recommend a course of action to clear all obstacles and to obtain required approvals and permits.

(b) Procedures – As part of an ongoing process, review and make recommendations on

improvements to existing PDD program procedures. This would include the capital improvement program, construction contract administration, quality assurance/quality control, construction safety and security, design reviews, cost estimating, scheduling, permit requirements, etc. Assist in the implementation of any recommendations that may be approved.

(c) Project Identification – Assist in identifying development projects to be added to the

capital improvement program, including but not limited to; assisting with planning studies, feasibility studies, and reviewing alternatives.

(d) Project Definition – After a project has been identified meet with the end user to define and quantify the project. This could include but not be limited to; cost estimates, schedules, cost benefit analysis, proposed work packaging and overall project development budgets.

2. DESIGN PHASE: During the design phase PDD manages the necessary outside architectural and engineering consultant contracts to produce construction documents necessary for projects. PDD has overall responsibility for achieving the best design to produce the best quality, schedule and budget framework possible. When the design is completed, or portions thereof, it moves to the construction phase. Project management services during design include but are not limited to:

(a) Oversight of Other Consultants – To manage other consultants with various areas of expertise as a representative of PDD. To provide guidance and review the findings of consultants working on projects for DIA.

(b) Outside Agencies – Provide assistance as requested regarding interactions with state,

federal and local regulatory agencies, such as: i. Interpretation of regulations ii. Reviews of pending legislation and/or regulations iii. Scheduling of actions necessary to receive approvals

iv. Preparation of permit applications

v. Follow-up to obtain prompt approvals vi. Preparation of all necessary correspondence (c) Contract Preparation – Assemble and prepare complete construction documents

(including plans and specifications prepared by others) for bid purposes or for a Task Order, On Call Construction contract.

(d) Site Investigation - Coordinate and schedule comprehensive site investigation services. Identify and report on constraints.

(e) Cost Estimating - Provide and/or review detailed cost estimates for project alternatives,

extra work or other specific estimates as requested by the Deputy Manager. (f) Construction Management Plan - Develop and/or assist with preparing a written, project-

specific quality control/quality assurance plan detailing all the specific measurable goals to be achieved during construction when required for projects funded by the FAA.

(g) Scheduling - Review schedule and milestones prepared by others and assist in

developing a final schedule. (h) Value Engineering/Constructability Reviews - Provide constructability and value

engineering reviews at the request of the Deputy Manager.

(i) Bid and Award - At the direction of the Deputy Manager, assist in conducting pre-bid conferences, site visits, pre-construction meetings and preparing and distributing minutes of such. Coordinate communications related to bidder inquiries; seek resolution from the appropriate party and forward responses to DIA Tech Services. Review and comment on addenda. Review the Certificates of Insurance of the successful bidders to ensure that the terms and limits of insurance coverage meet the requirements. Evaluate bids, provide technical analysis and provide recommendation of award to the Deputy Manager.

(j) Permit Compliance - Review permit requirements for the project and coordinate with

other PDD personnel to be sure all specific requirements are being met and are in place to allow projects to meet their designated schedule dates.

3. CONSTRUCTION, GENERAL INSPECTION, SPECIAL INSPECTION AND MATERIAL TESTING PHASE: During the construction phase, PDD Project Managers have overall responsibility for achieving the successful construction of projects. PDD Project Managers are expected to manage the necessary construction and material procurement contracts to accomplish the safest project with the best quality, schedule and budget framework possible. PDD Project Managers are required to make all reasonable efforts to assure that high standards of quality and workmanship are obtained in all construction, and proper coordination of the construction process is achieved in order to mitigate the impact of this phase on the day-to-day operation of DIA. PDD typically creates project management teams to manage various projects. These teams will be integrated teams that can consist of personnel from the City, this Consultant and the successful Consultant(s) for inspection and the materials testing laboratory. The assigned Project Manager will have overall responsibility for the success or failure of his/her team Project/construction management services during construction include but are not limited to:

(a) Project Oversite - Monitor and assure compliance of the contractor’s work. Plus oversee

the coordination of construction work in conjunction with the day to day operations of DIA, airport tenants, designer, other consultants, affected agencies, utilities, construction contractors on other DIA projects, and other parties as necessary.

(b) Maintain Adequate Staff – It is PDD’s responsibility to assure adequate project staffing.

It is the Consultant’s responsibility to provide and maintain competent full-time staff to perform all the project/construction management services listed herein for any project as directed by the Deputy Manager. All personnel assigned to a project and any changes in personnel must be approved by the Deputy Manager.

(c) On-Site Organization – Personnel will follow established lines of authority and standard

and consistent communication procedures in order to successfully assure that all measurable requirements for a project have been met and projects are successfully completed.

(d) Meetings – Personnel will participate in weekly project status meetings at which the

Deputy Manager, designer, and project manager can discuss jointly such matters as job progress, procedures, cost, disputes/claims and scheduling. Such meetings may be called or scheduled more or less frequently, or on an emergency basis if necessary, as determined by the Deputy Manager.

Project Managers will schedule and conduct weekly meetings with the project manager for each of the prime trade contractors and keep and distribute minutes of such meetings.

(f) CPM Scheduling – PM teams are responsible to review and comment on contractors’

submitted CPM schedules and updates. They will also coordinate with and assist the PDD project controls staff in maintaining up to date schedule information.

(g) Reports – PM teams are responsible for providing consistent and coordinated reporting

and administrative documentation. Keep accurate and detailed project records using PDD electronic systems and prepare reports that may be required in the format and frequency requested by the Deputy Manager.

(h) Cost Control – Using PDD project cost reporting systems, maintain the project budget,

incorporating approved change orders as they occur. Identify variances between actual and estimated costs and maintain an estimate at completion to advise the Deputy Manager of project budget status.

(i) Requests for Information/Design Revisions/Contract Change Orders – Using PDD

project management electronic system, track, review and process RFI’s, design changes and CO’s. Construction documents will be reviewed and responded to in a timely manner. PM teams will negotiate change orders, with final terms and conditions subject to Deputy Manager approval.

(j) Contractor Payments – PM teams will review and evaluate contractors’ requests for

payment. Pay applications are typically submitted on a monthly basis. The PM will be sure that all approved pay applications are processed per DIA standard procedures and contract requirements.

(k) FAA Payments – Assist DIA staff and/or prepare the necessary documentation to be

submitted with reimbursement requests from DIA to the FAA for grant(s) tied to the funding for the project when applicable.

(k) Potential Claims/Disputes – PMs will notify the Deputy Manager upon receipt of

notification of a potential claim or dispute. The PM will investigate circumstances and recommend merit or resolution to the Deputy Manager. The PM will maintain files on each potential claim or dispute, resolved and unresolved.

(l) Permits – PMs will make sure that all required permits are obtained for projects assigned

to them. Including permits required for DIA or the contractor. Monitor contractors’ conformance to permit requirements. Identify permit activities in the project schedule.

(m) Construction Security – PM teams will coordinate and review with Airport Security

existing terminal and airfield construction security procedures and ensure adherence from Consultants and construction contractors’ personnel.

(n) Inspection and Special Inspections – Prior to the start of any project PMs will review

project documents for any special inspection requirements and provide the Deputy Manager with a staffing plan to ensure adequate coverage for meeting special inspection requirements as well as overall inspection requirements to be assured projects are completed per contract documents. The PM team will monitor and oversee the work of contractors and the quality of materials installed to determine compliance with the plans and specifications and when applicable, on FAA funded projects, as outlined in the projects Construction Management Plan and Contractor’s Operational

Safety Plan. PMs will insure that their inspectors perform the following duties, including but not limited to:

i. Provide full-time on-site inspection of the project without assuming the contractor’s obligations pertaining to means, methods, quality and progress of work or safety.

ii. Inspect the materials and equipment being incorporated into the work. Review materials to visually verify that they are handled, stored and installed properly and that they are in compliance with the plans and specifications of the project. This includes assuring that no contractor or subcontractor will acquire any steel or manufactured products produced outside the United States and install them on FAA funded projects.

iii. Verify that all authorized changes are properly incorporated into the work. Identify problems encountered in the progress of the work and undertake appropriate action to resolve these problems keeping in mind the impact on timely completion of the project. Review contractor’s submitted “Storm Water Management Plan,” and monitor adherence to the plan. Report deficiencies to the Deputy Manager and the contractor. Report corrective action taken by the contractor to the Deputy Manager.

vi. Maintain daily reports by each inspector, recording at a minimum, work performed, by whom, and significant happenings on the project.

vii. Observe quality control testing performance by the contractor. Maintain testing records, including corrective actions taken regarding failed tests.

viii. Coordinate testing services necessary to verify the contractor’s work.

ix. Coordinate field surveying assistance to verify contractors’ work if needed.

(o) Material Testing Laboratory – PMs, while collaborating with contractors will coordinate

all required material quality assurance and acceptance testing as required by project documents and the FAA, with the Consultant operating the DIA material testing laboratory. PMs will insure that all required test reports for a project are received and that any required corrective actions are taken. Reports may include but not be limited to:

Executive Summary Previous period of testing activities An updated listing of failed tests An updated listing of retests An updated listing of retests that have passed All finalized test reports for a identified period A concise listing of all test locations, lots and sublots An original copy of the field and laboratory test reports for individual tests (p) Safety Program – PM teams will review the submitted Contractors Operational Safety

Plan and monitor the contractors implementation and compliance with it. They will document and report deficiencies to the contractor and the Deputy Manager. Cooperate fully with officials of other agencies (Federal and/or State) who are vested with authority to enforce requirements of the

Occupational Safety and Health Act or the FAA. Conduct periodic safety reviews of job site(s) and advise the contractor(s) and Deputy Manager of deficiencies. All corrective actions by the contractor will also be documented.

(q) Submittals/Shop Drawing Review – PM teams will use PDD procedures for the tracking

and approval of submittals, shop drawings and material samples an assure that all are being processed expeditiously. Ensure that contractors are meeting the buy American requirements, when applicable.

(r) Project Site Documents – PM teams will maintain project site records in accordance with

established PDD guidelines (electronic and hard copies as directed). Maintain at the project site for the Deputy Manager one record copy of all contracts, drawings, specifications, addenda, contract change orders and other modifications, in good order, and in addition, approved shop drawings, product data, samples and similar required submittals. For FAA funded projects maintain all records identified by the projects Construction Management Plan including required acceptance test records. Upon completion of a project, the complete set of records is delivered to the Deputy Manager.

(s) Test Systems - The PM team along with representatives of the Designer of Record will

schedule and observe the contractor(s)’ final testing and start-up of utilities, operational systems and equipment.

(t) Punchlist - Upon substantial completion of the contractors’ work, the PM team will

prepare, jointly with the contractor(s) and designer(s), a list of incomplete or unsatisfactory items and a schedule for their completion. The PM will monitor the correction and completion of the work. The PM will assist the Deputy Manager in conducting inspections to determine if the work is substantially complete.

(u) Completion – The PM team will secure and transmit to the Deputy Manager warranties

and similar submittals required by the contract. Deliver all keys, manuals, and overstock materials where designated by the Deputy Manager.

(v) Record Drawings – The PM team will monitor the maintenance of record drawings by

the contractors. Determine that record drawings are complete and accurate and transmit approved record drawings at the direction of the Deputy Manager for preparation of as-built drawings. Monitor finalization of as-built plans from the record drawings, for Deputy Manager’s acceptance and approval.

(w) Claims/Disputes - At the direction of the Deputy Manager, the PM team will assemble

pertinent background information, analyze the merits of any claim or dispute, and recommend to the Deputy Manager merit or entitlement, if any. Prepare estimates of entitlement, if appropriate, and assist the Deputy Manager in negotiating settlement.

(x) Closeout Support – PM teams will monitor contract closeouts to ensure receipt of all

deliverables, finalization of all contract modifications and determine final quantities for final payment. Prepare and process certificates of final inspection/acceptance, certificates of completion where required, and final payment releases. Recommend closeout of the contract and final payment after determining that all contract requirements have been satisfied.

(y) Final Inspection and Acceptance by the FAA (when applicable) – The PM team will conduct a final walk thru of the project with the local FAA ADO representative. Assure that if there are any deficiencies noted that they are expeditiously corrected.

(z) Project Close Out Report (when applicable) – The PM team will prepare the final project

documentation in the form of a project close out report that consolidates the project related information that will be required by the FAA to formally close out the project. The close out report will include but not be limited to: a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or that did not meet the applicable test standard. The report shall include the pay reductions applied and the reasons for accepting any out-of-tolerance material. B. GENERAL COORDINATION AND ADMINISTRATION OF CONSULTANT’S WORK

1. The Consultant agrees that it will provide no services until directed by the Deputy

Manager, and that the Deputy Manager may in such direction specify a project or projects for which the services are to be performed, whether the said services are to be performed using full time or part time employment of one or more persons or crews, and whether the said services are to be performed with respect to the entire project or projects or specified parts thereof.

2. Consultant shall follow the PDD’s direction and procedures for coordinating and

administering its services under the terms of this Agreement. To facilitate this coordination, the Consultant shall serialize all correspondence associated with its performance under this Agreement and shall maintain correspondence logs in accordance with instruction received from the Deputy Manager. Prior to the first invoice the Consultant shall submit to the Deputy Manager’s authorized representative, its proposed method of correspondence control which it shall immediately institute upon approval.

3. Following receipt of a fully executed Agreement, the Consultant will meet with the

Deputy Manager, designated PDD employees, and others, in order that the appropriate employees and/or Subconsultants of the Consultant obtain an adequate and complete understanding of PDD’s goals, needs, and requirements for all assigned tasks, and therefore may properly execute task(s).

4. The Consultant agrees that all personnel whom it assigns to any project or projects

under this Agreement will be approved in writing by the Deputy Manager prior to commencing their duties under this Agreement, and the PDD reserves the right to accept or reject any proposed personnel and to require the removal, reassignment, or addition of personnel, as the Deputy Manager in his discretion directs.

5. Prior to permitting any person to commence work on any project or assigned task under

this Agreement, the Consultant will submit the names and qualifications of each person which it proposes to assign to perform such work, along with such person's proposed hourly wage, for approval to the Deputy Manager, and will make each such person available to be interviewed at DIA, unless approved otherwise.

C. QUALIFICATIONS OF CONSULTANT’S PERSONNEL 1. The successful Consultant and Subconsultants will provide qualified personnel for all the

disciplines required to fill necessary positions or complete assigned projects through the term of

the Agreement. The Consultant shall be represented by a Project Manager (PM), who shall be the operational point of contact with the Deputy Manager. The PM will be experienced and highly qualified in project management of airport construction, including terminal and airfield work. The qualifications for certain specific duties are set out in Attachment 1 to this Exhibit A, attached hereto. Following is a list of the more common positions filled by this contract. This list identifies the Career Service Authority (CSA) (City and County of Denver) title,personnel classification number and the maximum base hourly wage rate for the respective positions. The City may update the maximum hourly base wages in this list by amendment to this contract.

Title Max Hrly Wage Rate No. Existing Employees 1. Admin Support Asst I – 605 C $16.23 1 2. Admin Support Asst III – 610 C $20.28 2 3. Admin Support Asst V – 613 C $23.19 4. Contract Compliance Technician – 614 A $26.34 1 5. Contract Administrator – 808 A $37.61 14 6. Geographic Info Sys Analyst – 619 I $32.76 2 7. Geographic Info Sys Administrator - 813 I $52.27 1 8. Associate City Planner – 809 E $37.34 9. Sr. City Planner – 811 E $42.67 10. Sr. Cost Estimator Analyst – 811 A $45.96 1 11. Staff Architect / Engineer - 810 E $39.91 2 12. Project Manager I-813 E $48.76 6 13. Engineer/Architect – 813 E $48.76 1 14. Senior Engineer/Architect - 816 E $59.57 3 15. Sr. Engineer Specialist $63.68 3 16. Engineer/Architect Sup. - 817 E $63.68 17. Engineering Manager I – 818 E $68.07 1 It is understood and agreed that the above are maximum rates for which the Consultant will be reimbursed unless authorized by the Deputy Manager. The Consultant will only charge the actual wage rate. Said rates are considered base hourly rates and do not include fringe benefits which are included in the Multiplier Factor. Payment in excess of these rates shall not be considered in determining the base compensation allowances provided for in paragraph 3.A. of the Agreement unless authorized by the Deputy Manager. 2. The Consultant agrees that all personnel provided by it to perform services under this Agreement shall be and remain during the time of their employment competent and completely and fully qualified for the duties to which they are assigned. The qualifications for certain specific duties have been set forth in writing by the Deputy Manager. The qualifications set out are not intended as limitations on the maximum qualifications for each such position or function. The Deputy Manager reserves the right to advise the Consultant from time to time of further qualifications required of, and additional types of duties to be performed by, the Consultant's personnel assigned to DIA. D. CONSULTANT’S MULTIPLIER

The City anticipates providing virtually all office space, supplies, equipment and parking as needed for this Agreement. It is the City’s intention that the selected Consultant’s direct labor multiplier factor (MF) will be adjusted accordingly. Moreover, upon selection, the City will require the

submittal of supporting documentation as identified below that is used to derive the proposed MF. Each MF will be determined and expressed under the following formula: Base Hourly Salary 1.00 + Payroll Labor Burden x.xx + Indirect Personnel Expense x.xx = Subtotal x.xx + Profit (% of Subtotal) x.xx + Other Overhead Costs x.xx = Total Direct Labor Multiplier x.xx Labor Burden will be based on the net actual cost of the mandatory or customary items enumerated as follows: (1) payroll taxes; (2) worker's compensation insurance; (3) group insurance (health and disability); (4) sick leave, holidays and vacations; and (5) pension plans excluding profit sharing or items related to profitability. The selected Consultant will furnish a detailed breakdown of the Labor Burden covering the enumerated components. Indirect Personnel Expense will be based on the net actual wages and associated mandatory or customary payroll benefits and liabilities (items (1) to (5) above) of those whose salaries are not directly chargeable to a particular project. Overhead costs are to be based on a recent statement prepared in accordance with Defense Contractors Audit Agency (DCAA) guidelines by a Certified Public Accoutant (CPA) or a government agency.

END OF EXHIBIT A

EXHIBIT B

INVOICING

PROJECT MANAGEMENT AND SUPPORT SERVICES

DENVER INTERNATIONAL AIRPORT INTRODUCTION This Exhibit "B" describes the Consultant's obligation to prepare and submit invoices. A. TIME RECORDS Submittal of time sheets will be required concurrent with the submittal of each invoice. Time sheets shall be organized and submitted based on directions from the City's Project Manager. The Consultant shall maintain time sheets and expense statements for each task. The City shall have a right to examine and audit these during regular business hours. The Consultant shall maintain accumulated cost information, including work hours, for each project that personnel are assigned. The Consultant shall work with City finance personnel for the purposes of estimating and budgeting Project Management costs for projects. Such budgets shall be updated periodically. All Consultant personnel normally based at DIA may be required to clock in and out on a City furnished time management system. This system would be used to confirm total hours worked per day by an employee and is not a substitution for the time sheet. B. PAYROLL RECORDS The Consultant shall maintain and keep accurate and complete hourly payroll records on forms to be submitted by the Consultant and approved by the City. The Consultant shall at all times make said records available for inspection or audit by authorized representative(s) of the City. Such records must include, but not necessarily be limited to, the name, address, personnel classification, hourly wage rate for such classification (as hereinafter provided), hours worked each day, actual hourly wage rate or other salary paid (or to be paid), items of payroll withholding, items of fringe benefits accrued or paid, shift worked, shift scheduled to work and a description of the job or duty assignment for each of the Consultant's personnel rendering work or services under the provisions of this Agreement during any monthly payroll period. The Consultant shall submit one one (1) certified copy on CD-ROM or DVD and also via email to [email protected] of such payroll records to the Deputy Manager of Aviation or his designated representative at the end of each monthly payroll period. C. OVERTIME PAY The standard work week will be comprised of 40 hours. The Consultant shall plan and schedule its resources such that the services to be provided under the terms of this Agreement are effectively implemented without causing overtime to its assigned staff unless specifically requested and pre-authorized in writing by the City. If authorized in writing by the City, the Consultant's personnel may be required to work overtime hours, Saturdays, Sundays, or the holidays listed in this Section

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C. The Consultant's charges for personnel so authorized to work at these times will be based on the following: 1. At the time of authorization, each person approved by the City to work on this contract will

be categorized as either hourly (non-exempt) or salaried (exempt), based on such person's full-time or part-time status, length of assignment, and federal and state regulations.

2. All full-time exempt personnel shall be paid at straight time rates for all overtime hours

worked for weekly overtime when authorized. 3. All full-time hourly (non-exempt) personnel will receive 150% of their straight time rate for

weekly overtime when authorized. 4. Holidays shall include only New Years Day, Memorial Day, Independence Day, Labor Day,

Thanksgiving Day, Christmas Day and one floating holiday to be scheduled by the Consultant and approved by the Deputy Manager. Each holiday, whether or not worked, shall be credited against the cumulative hourly requirements for payment of overtime rate for the week in which the holiday falls, if the person is regularly scheduled to work the standard work days which immediately precede and follow the holiday.

D. SPECIAL MAXIMUM HOURLY WAGE RATES During the term of this Agreement, if the City determines that a particular project requires the service of a person having a personnel classification not included in the categories provided in the Agreement, or if the City requires the services of a person having unusual experience or expertise in a personnel classification included in the Agreement, the City may, in its sole and absolute discretion, authorize in writing the assignment of such person(s) at a billing rate to be mutually agreed upon prior to assignment. E. HOURLY RATE ADJUSTMENTS Hourly wage rates are subject to escalation, on an annual basis on the anniversary date of the contract NTP, for the Consultant staff provided in the categories stated; wage rate adjustments are not to exceed the Published Career Service Board’s annual Classification and Pay Plan Review as adopted by the mayor and city council and that is in effect at the time of said adjustments. Any increase of the maximum hourly wage rate is not to be construed by the Consultant as an approval to increase the hourly wage or billing rate of any employee. F. ACCOMMODATIONS The City shall provide office space, office furnishings and equipment, telephones, vehicles, office supplies and tools at DIA for use by the Consultant's personnel in performing most duties under this Agreement. Personnel assignments when DIA will not provide office space and appurtenances will be identified on the task order. G. INVOICES AND PROGRESS PAYMENTS 1. The City will provide the Consultant with the outline invoice format. The Consultant shall

provide to the City's Project Manager a complete invoice format for Project Manager review and approval no later than fourteen (14) days after the Notice to Proceed. Invoicing shall be submitted in MS Excel format on CD-ROM or DVD disk and via email to

[email protected] . Disks shall be labeled with the Contract Number, Invoice Number, date, and file name.

2. By the 10th of each month in which an invoice is submitted, the Consultant shall invoice the

City for its costs on each task during the previous month. 3. The City’s Project Manager will review all invoices and in the event of a disagreement with

the invoice, he will notify the Consultant. The Consultant and Project Manager will meet by the 25th of the month to discuss the reasons for the disagreement and whether a portion of the payment for the task should be deferred. The Deputy Manager of Aviation shall have the authority in his sole and absolute discretion to withhold portions of any progress payment request if he determines that the progress claimed for any task in the invoices has not been achieved or any discrepancies of any portion of the invoice cannot be substantiated.

4. In accordance with requirements set forth in this Agreement the Consultant must have

provided the City with the following documentation before, any payments will be made to the Consultant:

Certificate of Insurance

Sub-consultant Agreement(s)

Original signed Authorization Forms for any Key Professional Personnel Assignment who are not already approved in this Agreement

Certifications of M/WBE Sub-consultants with date of expiration noted

Name and title for Authorized Signatures H. INVOICING PROCEDURES All invoices submitted for payment shall include the following items: 1. Documentation to support all invoices, where applicable, shall include the following:

a. Copies of all time sheets, certified payrolls and other records, which highlight total

hours invoiced. The Consultant's personnel must maintain daily time records and must prepare time sheets which must be signed and verified by the Consultant's on-site supervisor and the City's designated representatives.

b. Copies of the City representative's authorization to provide overtime for the invoice

period, as applicable. c. Copies of approved Reimbursable Expense Authorizations for additional services

relative to the invoice period, as applicable. d. Copies of approved Task Authorizations with all relative backup including any

schedules of value, cost estimates and/or subconsultant proposals. e. Copies of receipts of all reimbursable charges and mileage logs detailing trips,

along with signed authorizations. f. Adequate documentation from subconsultants, such as a, b, c, d and e above.

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e. Other documentation as may be required by the City.

3. Signature from an officer of the Consultant's organization shall appear on all invoices

certifying that the pay request has been examined and has been found to be correct. 4. The Consultant shall submit with each invoice, except the first invoice, signed Partial

Releases from each sub-consultant detailing payments received by the sub-consultant for services performed under this contract.

END OF EXHIBIT"B"