Transportation and Infrastructure

Wednesday, October 21, 2026, 1:30 p.m. (Denver time), City & County Building, room 391

Video of the meeting

On the agenda

Documents

Summary

The Transportation and Infrastructure Committee took up action item 26-1540, an ordinance creating a competitive selection / best-value contracting process for city-funded construction contracts, sponsored by Council Members Hinds and Watson. Sponsors presented changes made through a year of stakeholder negotiations (threshold raised to $1 million, apprenticeship requirements removed, health-insurance and retirement requirements softened to 'offering'), and ten members of the public spoke, split between labor supporters and contractor-association opponents who asked for more time and clearer language. Several council members said they were not prepared to vote, citing an 11pm email from city staff and unresolved issues around health-insurance definitions, thresholds, and implementation timing; a motion to postpone two weeks failed on a 3-3 vote, so the item's path forward remained under discussion. The committee also heard a presentation on a proclamation opposing state Amendment 82 (natural gas constitutional protection), sponsored by Council Member Kashmann with Council Member Gilmore, to go to the full council. Seventeen consent items were noted to go forward without objection.

Transcript

0:06 a Denver. It's time for this

0:16 biweekly meeting of the

0:16 Transportation and

0:16 Infrastructure Committee of

0:16 Denver City Council. Join us

0:16 for the Transportation and

0:16 Infrastructure Committee.

0:19 Starting now.

0:39 Good afternoon, everyone. And

0:40 welcome to the Denver City

0:42 Council's Transportation

0:43 Infrastructure Committee

0:47 meeting OCTOBER. 21st 2026. My

0:48 name is coming on the vice

0:48 chair of the committee.

0:49 Sharing this because our

0:51 chair, one of the sponsors of

0:54 first action item for the only

0:55 action We have one action

0:58 item. We have one briefing

1:00 afterward and we haven't 17

1:02 consent items that will go

1:03 forward at the end of the

1:08 meeting of most original a So

1:14 we'll start with Russians. Let

1:14 me start on my left The

1:14 council wants Good afternoon.

1:16 Watson. Fine District 9. They

1:16 have 2 menace n double

1:20 temperatures better. The

1:24 District Denver's pretend

1:27 chandeliers district good

1:28 afternoon. Diana Romero,

1:29 Campbell, Southeast Denver

1:32 district secure about the

1:35 action item 26 Dash 15, 40 an

1:36 ordinance regarding

1:37 competitive selection for

1:40 process for certain contracts.

1:43 Coming his best We to council

1:44 sponsor. Sure. I want to that

1:49 the council chambers for I

1:51 don't know if everybody who

1:53 was signed to speak is in the

1:55 room right now. So do is call

1:58 out the order of speakers in

1:59 the event any of them are

2:00 upstairs in the chamber so

2:02 that they can be called down

2:06 So a call out like the first 5

2:10 in an average personal and one

2:14 after that. And come to our

2:16 times innovators? We're going

2:17 right in your presentation.

2:18 Thank Great. Thank you.

2:20 Committee members of the

2:24 committee and of counsel to

2:25 the many faces in committee

2:28 room overflow. I think you a

2:30 Chris, I'm diversity council

2:31 representing District 10.

2:34 Today we're talking about that

2:39 started just give a framing

2:40 because really just go through

2:45 the 5 slides and then do talk

2:50 to them myself? Do we want

2:51 that's really a contracting

2:58 here in the We have we have.

3:00 Different agencies, and to

3:02 construction contracts. And I

3:04 just first I should the city

3:05 entered enters into a lot of

3:09 contracts 3 big buckets there,

3:10 construction contracts are

3:14 service contracts to search in

3:17 contracts, the there are a lot

3:18 of city-funded contracts that

3:19 Bill, both for us all and

3:20 vertical construction here.

3:22 The department just petition

3:25 infrastructure manages those

3:26 contracts that not at the

3:28 airport. And then manages to

3:32 their contracts as well.

3:33 Services contracts are more

3:36 like contract for housing,

3:37 stability, or security

3:39 contracts. Those are a

3:41 different set of stakeholders.

3:44 Think construction contracts.

3:47 Yeah. Yet they have I also

3:47 they touch different agencies

3:50 and and then goods buy f one

3:54 50 from this place or that

3:55 place there. But it's still

3:56 half and yen. So I said

3:58 there's 3 different groups we

4:01 MAY never go I consider

4:04 best-value contracting for

4:06 because communities engage in

4:09 services, part different and

4:11 the agencies are different. We

4:12 decided buy for Kate consider

4:13 that separately. So today

4:14 we're just thinking about

4:17 construction city funding,

4:19 construction projects. We want

4:22 to make sure that the city has

4:24 not its values stamped on

4:26 every project every city

4:29 funding construction project

4:31 that we enter Sometimes Dottie

4:35 presents certain set of

4:36 Sometimes they present in

4:38 different ways. Sometimes it's

4:40 just the cost base to bit. And

4:45 so whoever gets the lowest I

4:47 went sometimes has different

4:48 sets of values. And so the

4:50 goal here is to make sure that

4:53 we have same set of values for

4:55 every construction contracts.

4:58 That's that the city enters

5:00 into a with that just general

5:01 context like to hand it over

5:05 to my co-sponsors you want to

5:07 go to the first item just

5:09 reading it. Excited to be here

5:13 in front of you again for the

5:14 3rd time that we have working

5:15 on this for over a year. Right

5:17 now. We were at budget and

5:20 policy and SEPTEMBER of 2025.

5:21 With all of you. And then

5:24 again in JUNE both times we

5:26 got some really great

5:27 questions and we check back

5:29 got answers. I just think

5:31 you'll see reflected here and

5:33 we've briefed most of you on

5:35 this policy. We've met

5:36 regularly with city

5:39 departments and mayor's office

5:40 to try and get answers. We

5:42 also went to have personal

5:43 phone calls, personal

5:44 meetings, public, meeting a

5:48 lot of individuals with labor

5:49 industry. Community members

5:51 taking a lot of phone calls

5:52 and we've had stakeholders

5:55 sessions in conjunction with

5:56 City Department and agency had

5:58 said in AUGUST and SEPTEMBER

5:59 and we were actually supposed

6:02 to be in committee last month.

6:04 We postponed a week to iron

6:05 out some more of the issues

6:09 that have been raised to us.

6:12 So you'll see that reflected

6:15 today. The next is a problem.

6:18 I COUNCILMAN Chaim spoke to

6:22 that. There's no uniform

6:23 best-value contracting

6:26 standard in this executive

6:27 moves us towards value-based

6:28 abating and we appreciate

6:30 that. But the executive order

6:32 can be changed at any time and

6:34 actually of change trends in

6:37 the last year. And departments

6:38 are still defaulting to lower

6:41 bed, which actually remains an

6:41 option no matter what, because

6:44 that's in the city charter

6:46 competitive selection

6:47 different things to different

6:51 agencies. The current code

6:52 language is actually written

6:55 around. Are these process

6:56 specifically that result that

6:56 all use of Denver's that we

6:58 care about like equity, local,

6:59 hiring protecting workers,

7:03 making sure their state from

7:05 job site is what this is

7:06 around. Finally, there is no

7:07 friend check. No formal pretty

7:11 costly and are no

7:13 responsibilities certification

7:15 to we find the problem after

7:17 the contractor has signed and

7:17 then they're really expensive

7:21 to fix the issues. Recap of

7:25 best value contracting at its

7:27 core. It certain

7:28 responsibilities,

7:28 certification currently with

7:30 little bit. You can see here

7:31 that he goes to the qualified

7:33 bidder under that contracting

7:35 price and requirements on the

7:38 quality safety labor

7:39 contractor, responsibility,

7:41 certification and then applies

7:41 across all construction

7:46 projects. Not just starting.

7:47 Why this matters now. I think

7:54 that up over here. So what has

7:56 changed? Because this has been

7:58 under consideration for more

8:01 than a year where on of of the

8:03 draft, basically trying to

8:06 support 3 groups, 3 major

8:10 agencies, small business and

8:14 prime so the way we could we

8:16 supported city agencies with

8:18 implementation help and

8:21 streamlining implementation.

8:22 We supported small businesses

8:24 by significantly reducing

8:26 administrative burden

8:29 supporting the primes. Also

8:30 with eliminating additional

8:33 burden. So let's go back the

8:37 city agencies. We pared back

8:40 this quite a lot. So one of I

8:41 think the case that I wanted

8:44 out of contract that has been

8:46 removed as a weighted formula.

8:48 We had part of the idea values

8:49 and then the agencies could

8:49 put different weights to you

8:55 to those values for for good.

8:57 And then that's it. So that

8:59 agencies could could link

9:00 those bodies, however, made

9:03 sense for the agency. And for

9:07 that particular we remove that

9:08 instead of having the weighted

9:11 formula now we have

9:16 responsibility certification

9:16 another way we help to port

9:18 city agencies this is a 2

9:21 tiered system. The of one are

9:23 below a certain dollar That's

9:24 right. A contracting just

9:28 doesn't apply. Yeah. And only

9:30 applies for contracts over

9:32 certain amount. Dollar amount

9:35 originally was $500,000

9:37 response to agency request and

9:40 college and community request.

9:40 We moved out to a million

9:41 dollars that's in line with

9:42 state of Colorado to the line

9:46 line with Adams And it's it's

9:50 a we've seen other counties

9:53 that are smaller than the

9:57 state obviously is larger than

9:58 and we we also taught that

9:59 city of San Francisco is a far

10:00 more complex organization.

10:03 Their threshold is a million

10:05 and half dollars. So we we

10:09 chose a million dollars as

10:11 threshold. We've moved away

10:13 from pre certification for

10:14 subcontractors. And so we had

10:18 proposed in response to

10:19 concerns from from the

10:23 industry's and community that

10:27 we would when we considering

10:28 again pre certification

10:30 process where business go

10:31 through an application and

10:35 then once they are certified,

10:36 that's down dollar for time

10:41 we're taking 2 years, maybe 3

10:42 agency's a city agency said

10:43 that I was too much of a

10:44 burden to come up with that

10:47 new process. So we moved that

10:52 we We moved back from preserve

10:53 tradition for subcontractors.

10:53 So really what we're trying to

10:56 do, support city agencies and

10:58 their they look implement best

11:00 value contracting. The second

11:04 group we wanted to support

11:05 changes a divestment country

11:07 where small businesses. So we

11:08 reduced Burton vice unit might

11:12 bring back the requirements

11:13 for Best contracting so small

11:14 businesses could meet Was that

11:18 mean that reducing the

11:23 sentence Pesa specificity for

11:23 project site? The city plans

11:25 bring back insurance and

11:29 retirement benefits.

11:31 Requirements too half so the

11:32 requirement for health

11:33 insurance retirement benefits

11:35 start employer show for that.

11:36 You have to pay for it. They

11:37 don't have to ensure that

11:41 their employees are are part

11:42 retirement plan. You know, i

11:42 of a health insurance

11:50 have to offer. Also remove the

11:52 responsibility of forest does

11:53 all right, to directly submit

11:57 certifications to the city. We

11:59 said that that the private and

12:01 the responsibility, the small

12:03 businesses there, they're

12:04 doing what they can to win

12:05 business and maybe don't have

12:08 the infrastructure to to

12:10 actually do that themselves.

12:12 The last thing that I think he

12:15 urges that I would we heard

12:16 some concern about for

12:18 apprenticeships that's not

12:22 invest contracting anymore. We

12:24 hope to revisit that

12:24 conversation with the Denver

12:28 construction careers program.

12:31 Because that is also working

12:32 on a pretty ships. It seems a

12:33 little weird that we're a

12:35 touch of friendships and then

12:36 general services would follow

12:39 maybe a few weeks or a couple

12:42 talking about a pretty ships

12:44 again with the ccp ordinance,

12:48 timber construction careers

12:50 important And it was reported

12:51 crimes by removing so less of

12:52 the requirements for

12:56 submission of additional

12:57 materials. Then really the

12:59 idea was to these concessions

13:00 with to ensure prime still bid

13:08 on construction projects. So

13:11 road map here just get out of

13:12 contractors doing construction

13:14 work in Denver. 3 things.

13:15 According a complaint to

13:17 current law. Can you do the

13:23 protect workers? So set about

13:26 legal compliance that

13:27 basically is talking about. Do

13:28 you have valid licenses

13:30 registrations? Have obtained

13:32 your Have you had any willful

13:33 violations or judgments in

13:37 past 5 years for and people

13:39 ages? But it's revealing wages

13:43 employee discount

13:44 classification. Workplace

13:47 noticed willful violations

13:49 time. Someone made a mistake,

13:51 provide explicit language in

13:54 the ordinance if you that

13:57 symptoms. But this is about

13:58 willful violations. And then

14:00 also the 3rd thing about legal

14:01 compliance is if you're not

14:02 currently under a court order

14:05 for labor employment

14:06 violations, basically our our

14:07 folks in Denver, labor do a

14:08 lot of work on the back. And

14:09 like once the contracts

14:15 already been issued, they

14:17 their catching people's

14:22 stealing money from This is

14:23 also about that's that's after

14:24 the contracts been issued.

14:25 This is an affront and making

14:27 sure that different levers

14:28 stealing money from employees.

14:29 You don't then turn around and

14:30 get right back down to that

14:34 same contract. Which has

14:37 happened. The second thing in

14:38 legal compliance is the

14:42 capacity to do that can

14:43 contractors to the They have

14:45 the financial capacity so I

14:47 couldn't talk, says insurance

14:49 and binding obligations. Have

14:50 you been depart are suspended

14:51 or defaulting on a precious

14:54 the last 5 do have experience

14:55 completing similar work on

14:57 time and within budget. The

15:00 3rd is about protecting

15:00 workers. And this is from

15:04 employer and employee. You

15:07 perspective. So do do the

15:08 contractors protect workers

15:11 today have minimal osha

15:13 training for it for the get

15:15 safety program. Get the

15:18 written safety plan. You have

15:19 safety canned and it require

15:21 workers to have osha, 10

15:23 training, which ten-day

15:25 training. All right. 10 hour

15:29 training. Huge difference. 10

15:31 hour training that if you go

15:32 through osha and you complete

15:32 the program, you get a certain

15:36 station. The wall. He's got

15:37 that certification. You could

15:38 say I'd been through osha You

15:42 could happen even 30 years ago

15:43 that certification of the wall

15:45 still So it's just talking

15:50 about work or having ocean

15:52 certification we also want to

15:56 make sure that pot for health

15:57 insurance for businesses of 2

15:58 or more years with 5 or more

16:01 employees. So. Does the

16:08 research say? The research

16:10 shows that best contracting

16:11 actually kids to be more

16:12 honest up front. So people are

16:18 worried about change actors,

16:19 don't submit more change

16:21 orders that there lot they're

16:23 because I because the bidding

16:23 actually more bids on project

16:26 process has more on its face

16:29 as opposed to having to try to

16:30 game the system for your bed

16:35 low and try to make up

16:36 underwater bid by change

16:41 orders are wage theft. Let's

16:44 look at some of the evidence