11197 Nursery Stock and Lanscaping Materials IFB.pdf

THIS BID MUST BE SUBMITTED ELECTRONICALLY THROUGH THE ROCKY MOUNTAIN E-

PURCHASING SYSTEM (BIDNET®).

Department of General Services

PURCHASING DIVISION

www.denvergov.org/purchasing Phone: 720.913.8100

City and County of Denver Purchasing Division 201 W. Colfax Ave.

Department 304, 6th Floor Denver, CO 80202

Procurement Analyst Name: Tim Marquez

Procurement Analyst Email: tim.marquez@denvergov.org

Invitation for Bid For Master Purchase Order Agreement

IFB No. 11197

Nursery Stock and Landscaping Materials

SCHEDULE OF EVENTS

• IFB Issued 10/28/2025

• Deadline to Submit Additional Questions 11/12/2025 2:00 P.M. Local Time

• Response to Written Questions 11/17/2025

• Bid Due Date 11/25/2025 10 A.M. Local Time

Vendor offers to furnish to the City and County of Denver the materials, supplies, products or services requested in accordance with the specifications and subject to the Terms and Conditions described herein.

VENDOR SIGN HERE

Company Name:

-Note: Vendor company name to be the legal entity that will enter into a contract with the City if awarded pursuant to this solicitation-

By:

(Printed or Typed Name)

Signature:

Signature constitutes acceptance of all Terms and Conditions listed on this form and all documents attached.

Email:

Phone:

The City contracts with Rocky Mountain E-purchasing System (BidNet®) in the advertisement and facilitation of solicitations administered by the City's General Services Purchasing Division; therefore, respondents must ONLY rely on documents provided on the Rocky Mountain E-purchasing System (BidNet®) website or as communicated directly from the analyst. Only rely on this web address: https://www.bidnetdirect.com/colorado http://www.denvergov.org/purchasing

11197 Nursery Stock and Landscaping Materials

GSPD TEMPLATE 9.15.2025 SD02

Table of Contents

SECTION A: GENERAL INFORMATION & IFB INSTRUCTIONS

A.1 BACKGROUND AND SCOPE:

A.2 ROCKY MOUNTAIN E-PURCHASING (BidNet®):

A.3 ELECTRONIC SUBMISSION OF BIDS:

A.4 IFB QUESTIONS:

A.5 ADDENDA:

A.6 ACCEPTANCE PERIOD:

A.7 TECHNICAL REQUIREMENTS/STATEMENT OF WORK:

A.8 INVITATION FOR BID CONDITIONS AND PROVISIONS:

A.9 GRATUITIES AND KICKBACKS:

A.10 NON-COLLUSIVE VENDOR CERTIFICATION:

A.11 AWARDS:

A.12 EVALUATION AND AWARDS:

A.13 BRAND AND/OR TRADE NAMES:

A.14 DISCLOSURE OF CONTENTS OF BIDS:

A.15 PROOF OF REGISTRATION WITH THE COLORADO SECRETARY OF STATE:

A.16 DIVERSITY AND INCLUSIVENESS – EXECUTIVE ORDER #101:

SECTION B: SCOPE OF WORK AND TECHNICAL REQUIREMENTS:

B.1 SCOPE OF WORK/ REQUIREMENTS

B.2 TECHNICAL REQUIREMENTS FOR LIVE PLANTS (Applicable of Group1)

B.3 QUALITY CONTROL

B.4 NURSERY REGISTRATION

B.5 TECHNICAL REQUIREMENTS FOR SOIL, ROCK, AND AMENDMENTS (group 2) B.6 TECHNICAL REQUIREMENTS FOR BIORETENTION MEDIA (Group 2)

B.7 TERM

B.8 ESTIMATED QUANTITIES:

B.9 F.O.B. POINT:

B.10 PALLET CHARGE:

B.11 PATENTS:

B.12 VENDOR PERFORMANCE MANAGEMENT:

B.13 COOPERATIVE PURCHASING:

B.14 ENVIRONMENTAL MANAGEMENT SYSTEM, ENVIRONMENTAL POLICY, AWARENESS,

AND COMPLIANCE

SECTION C: PRICING/BID ITEMS

C.1 PRICING INFORMATION:

C.2 PRICING:

C.3 PRICING (INITIAL AND FUTURE):

C.4 BID ITEMS:

SECTION D: MASTER PURCHASE ORDER TERMS AND CONDITIONS

SECTION E: ADDITIONAL REQUIRED INFORMATION

E.1 REFERENCE LISTING:

E.2 CONTRACT CERTIFICATION FORM:

E.3 VENDOR'S CHECK LIST:

E.4 DENVER VENDOR SUSTAINABILITY:

E.5 SMALL BUSINESS INFORMATION REQUEST (Optional)

E.7 DISCLOSURE OF GENERATIVE ARTIFICIAL INTELLIGENCE (A.I.) USAGE

E.8 VENDOR INFORMATION:

SECTION A: GENERAL INFORMATION & IFB INSTRUCTIONS

A.1 BACKGROUND AND SCOPE:

The City and County of Denver, hereinafter referred to as the City, desires to solicit bids relating to the purchase of Nursery Stock and Landscaping Materials throughout the identified term.

Click HERE to go directly to the City’s detailed Scope of Work/ Requirements.

A.2 ROCKY MOUNTAIN E-PURCHASING (BidNet®):

The City is collaborating with Rocky Mountain E-purchasing System (BidNet®) in the advertisement and facilitation of Formal Invitations for Bids (IFB) and Requests for Proposals (RFP) administered by the City's

General Services Purchasing Division.

It is a requirement of this IFB/ RFP that interested parties familiarize themselves and register with BidNet®;

vendors who do not register may be considered non-responsive.

Registration with BidNet® is available at NO CHARGE and allows vendors access to view governmental bids posted on BidNet®; they offer an additional notification service option with an associated fee. It is the responsibility of the vendor to evaluate and select the service option of their choice.

The City is not responsible for the actions or lack thereof on the part of the vendor in regards to their interaction with BidNet®, or any other third-party bid notification service in relation to this IFB/RFP.

More information is available at: www.rockymountainbidsystem.com or by calling 1-800-835-4603.

A bid opening will be held on the date, time and location specified on the cover sheet. Submitted pricing will be shared with interested persons at that time. Interested parties are asked to inform the City that they would like to attend the bid opening in person or online, please notify the City during the question period outlined in the schedule of events.

A.3 ELECTRONIC SUBMISSION OF BIDS:

Submission of bids for this solicitation may only be done electronically through BidNet®. Bids must be submitted at www.rockymountainbidsystem.com, no later than the date and time indicated in the IFB.

Vendors who feel they are unable to prepare and submit an electronic submittal should submit a request in writing to the Analyst, no later than the Question due date, for permission and instructions for submitting a hardcopy bid.

A.4 IFB QUESTIONS:

The City shall not be bound by and the Vendor shall not request or rely on any oral interpretation or clarification of this IFB. Any questions regarding this IFB are encouraged and should be submitted in writing by email to:

City Procurement Analyst: Tim Marquez

E-Mail: tim.marquez@denvergov.org http://www.rockymountainbidsystem.com/ http://www.rockymountainbidsystem.com/

Questions received up to deadline to submit question in the Schedule of Events will be answered in writing per the Schedule of Events. Answers to questions from any Vendor will be provided to all Vendors.

All communications regarding this IFB shall only be through the City’s Analyst listed above. No communication is to be directed to any other City personnel.

A.5 ADDENDA:

In the event it becomes necessary to revise, change, modify or cancel this IFB or to provide additional information, addenda will be issued and made available on BidNet®. It is the responsibility of the vendor to confirm that they have acquired all addenda related to this solicitation and they have reviewed/ complied with the requirements therein.

A.6 ACCEPTANCE PERIOD:

Bids in response to this IFB shall indicate that they are valid for a period no less than 120 days from the closing date, and if awarded, through the initial contract period.

A.7 TECHNICAL REQUIREMENTS/STATEMENT OF WORK:

Section B of this invitation contains the proposed Scope of Work and/or Technical Requirements. This document shall form the basis of a contract covering the subject matter of this IFB. Exceptions or deviations to this IFB must not be added to the bid pages but must be on vendor's letterhead and accompany the bid. Any exceptions to this documentation will be taken into consideration when evaluating bids submitted. The City reserves the right to reject any or all of your proposed modifications. The City welcomes cost saving bids which still satisfy all technical and business objectives.

A.8 INVITATION FOR BID CONDITIONS AND PROVISIONS:

This bid must be signed by a duly authorized official of the proposing company. The completed and signed bid

(together with all required attachments) must be returned to the Department of General Services on or before the time and date of the bid opening shown on page one. This bid MUST be submitted electronically through the

Rocky Mountain E-purchasing System (BidNet®).

All participating vendors, by their signature hereunder, agree to comply with all of the conditions, requirements and instructions of this IFB as stated or implied herein. Any alteration, erasure or interlineation by the vendor in this bid shall constitute cause for rejection by the Manager of General Services. Exceptions or deviations to this

IFB must not be added to the bid pages, but must be on vendor's letterhead and accompany the bid. Should the

City omit anything from this IFB which is necessary to a clear understanding of the work, or should it appear that various instructions are in conflict, then the vendor shall secure written instructions from the Manager of General

Services at least forty-eight (48) hours prior to the time and date of the bid opening shown in page one.

Typographical errors in entering quotations on bid may result in loss of award.

All vendors are required to complete all information requested in this IFB. Failure to do so may result in the disqualification of bid.

The City reserves the right to postpone or cancel this IFB, or reject all bids, if determined to be in the best interest of the City.

Unit price for each item proposed on shall be shown and shall be for the unit of measurement indicated. In case of error in extension of prices, the unit price will govern.

Any omissions as to the manufacturer's brand name, code or stock number, or style that is asked for shall be considered cause to reject any or all items on bid if deemed to be in the best interest of the City to do so.

The Manager of General Services reserves the right to waive any technical or formal errors or omissions and to reject any and all bids, or to award contract for the items hereon, either in part or whole, if deemed to be in the best interests of the City.

The successful vendor shall be in complete compliance with all of the specifications, terms and conditions of this

IFB as outlined above. The City shall have the right to inspect the facilities and equipment of the successful vendor to ensure such compliance.

No bid shall be accepted from, and no contract will be awarded to, any person, firm or corporation that is in arrears to the City and County of Denver, upon debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the City, or that has failed to attain or demonstrate compliance with any law, ordinance, City regulation, or contract term or condition as may be provided for or required in any City contract, or that may be deemed irresponsible or unreliable by the Manager of General Services. Vendors may be required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon and that they have the necessary financial resources to perform and complete the work outlined in this IFB.

The vendor agrees to abide by all the laws, regulations and administrative rulings of the United States, the State of Colorado and the City and County of Denver, securing all necessary licenses and permits in connection with the bids.

All materials, supplies and equipment furnished or services performed under the terms of the master purchase order shall comply with the requirements and standards specified in the Williams-Steiger Occupational Safety and Health Act of l970 (Public Law 9l-596) as well as with other applicable federal, state and local codes.

All merchandise furnished or service performed must comply with City and State Codes.

All vendors must take into consideration that only the City's contract documents will be used in the finalization of an agreement.

The City shall not be liable for any costs incurred by Vendor in the preparation of submittals or for any work performed in connection therewith or any work subsequent to the submission and prior to the execution of any contract.

A.9 GRATUITIES AND KICKBACKS:

It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee (within six months of termination from City employment), or for any employee or former employee

(within six months of termination from City employment) to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding of application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or bid therefore.

It shall be a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime vendor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.

In the event that any gratuities or kickbacks are offered or tendered to any City and County of Denver employee, the bid shall be disqualified and shall not be reinstated.

A.10 NON-COLLUSIVE VENDOR CERTIFICATION:

By the submission of this bid, the vendor certifies that:

A. The bid has been arrived at by the vendor independently and has been submitted without collusion with any other vendor.

B. The contents of the bid have not been communicated by the vendor, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the vendor or its surety on any bond furnished herewith, and will not be communicated to any such person prior to the official opening of the bid.

C. No vendor shall submit more than one bid for this IFB. It shall be the responsibility of each vendor to obtain the prior written permission of the Director of Purchasing before bid opening in every situation in which the vendor, due to corporate association or other affiliation, may be found to be impermissibly associated with another vendor. Failure to observe this requirement could result in all such affiliated bids being rejected.

A.11 AWARDS:

Award will be made on an "all or none" basis by group. For any group, prices must be shown for each item within the group. Bids submitted without individual item prices listed will be considered as non-responsive and rejected.

A.12 EVALUATION AND AWARDS:

The criteria to be used for the bid evaluation include but are not limited to:

(a) Price

(b) Specification compliance

(c) Qualified, Responsible, Responsive_ {D.R.MC. Sec. 20-61-(e), (g), (h)}

Any award as a result of this IFB shall be contingent upon the execution of master purchase order. Section D of this

IFB contains our proposed terms and conditions.

A.13 BRAND AND/OR TRADE NAMES:

Each vendor shall agree to furnish the proposed services, equipment or materials that are called for on the face of this IFB in strict accordance with the conditions, requirements and specifications of this IFB to propose. In the event the City includes trade names as a part of the work description of any item, any participating vendor may submit quotations on other trade-named products, providing they are equivalent, unless the wording "No

Substitute"/ "Brand Name Only"/ "No Approved Equals" is indicated. When the description includes the wording

"No Substitute"/ "Brand Name Only"/ "No Approved Equals" in addition to the trade name, quotations of price will be accepted only on the trade-named product indicated. All disputes concerning grades and quality of merchandise or work shall be determined by the Director of Purchasing or his/her authorized representative.

A.14 DISCLOSURE OF CONTENTS OF BIDS:

The contents of all bids become a matter of public record and a “Record” under the Colorado Open Records Act, § 24-72-201, et seq., C.R.S. (“CORA”). Upon request to the City, the disclosure of Records is mandatory, with the exception of those Records under CORA which are excluded from disclosure sometimes identified as business or trade secrets or proprietary matters (“Protected Items”). Protected Items so marked may not be disclosed unless disclosure is otherwise required under CORA. If a request is made under CORA for Records , the City will use reasonable efforts to notify the Vendor of the request, and it will be the responsibility of the Vendor to appropriately redact Protected Items from its submittal to the City. If a Vendor does not respond to the City to redact Protected Items as requested all Records may be disclosed by the City. If necessary, a Vendor shall seek a court order to protect their Protected Items, and will defend, indemnify, and hold harmless the City from any claim or action related to the City’s withholding of Protected Items.

A.15 PROOF OF REGISTRATION WITH THE COLORADO SECRETARY OF STATE:

Successful vendors are required to furnish a Certificate of Good Standing from the Colorado Secretary of State’s

Office, as proof that they are properly registered to do business in the State of Colorado, prior to finalization of award and contracting.

A.16 DIVERSITY AND INCLUSIVENESS – EXECUTIVE ORDER #101:

Definitions

Diversity: Diversity refers to the extent to which a vendor has people from diverse background or communities working in its organization at all levels, is committed to providing equal access to business opportunities and achieving diversity in procurement decisions for supplies, equipment, and services, or promotes training and technical assistance to diverse businesses and communities such as mentoring and outreach programs and business engagement opportunities.

Inclusiveness: Inclusiveness, for purposes of Executive Order No. 101, includes the extent to which a contractor/consultant invites values, perspectives and contributions of people from diverse backgrounds and integrates diversity into its hiring and retention policies, training opportunities, and business development methods to provide an equal opportunity for each person to participate, contribute and succeed within the organization’s workplace. Inclusiveness also includes the extent to which businesses have an equal opportunity to compete for new business opportunities and establish new business relationships in the private and public sector.

Requirements

Using the attached form, entitled “Diversity and Inclusiveness in City Solicitations Information Request Form”, please state whether you have a diversity and inclusiveness program for employment and retention, procurement and supply chain activities, or customer service, and provide the additional information requested on the form.

The information provided on the Diversity and Inclusiveness in City Solicitations Request Form will provide an opportunity for City contractors/consultants to describe their own diversity and inclusiveness practices.

Contractors/Consultants are not expected to conduct intrusive examinations of their employees, managers, or business partners in order to describe diversity and inclusiveness measures. Rather, the City simply seeks a description of the contractor/consultant’s current practices, if any.

Diversity and Inclusiveness information provided by City contractors/consultants in response to City solicitations for services or goods will be collated, analyzed, and made available in reports consistent with City Executive

Order No. 101. However, no personally identifiable information provided by or obtained from contractors/consultants will be in such reports.

A completed and signed copy of the “Diversity and Inclusiveness in City Solicitations Request Form” must be included with your IFB or RFP response. Failure to include this form will render your IFB or RFP non-responsive. The required document is available at: https://us.openforms.com/Form/57f3a8ea-39b7-4115-be17-1770f38d3cf6 Proposing vendors are required to fill in and submit this form online as part of their submission.

https://us.openforms.com/Form/57f3a8ea-39b7-4115-be17-1770f38d3cf6 https://us.openforms.com/Form/57f3a8ea-39b7-4115-be17-1770f38d3cf6

SECTION B: SCOPE OF WORK AND TECHNICAL REQUIREMENTS:

(applicable for awarded vendor/contractor(s) and resulting agreement):

B.1 SCOPE OF WORK/ REQUIREMENTS

The City and County of Denver has made significant investments in both site-scale and large-scale green infrastructure to manage stormwater, cool city streets, and create more climate resilient communities. Since

2018, the City has installed more than 200 streetside stormwater planters and other Green Infrastructure features such as stormwater raingardens and regional bioretention basins. Green stormwater infrastructure uses soil, roots, vegetation, and natural processes to collect and treat stormwater runoff from adjacent impervious surfaces before it enters the storm drain system. The Department of Transportation & Infrastructure (DOTI) is requesting proposals from qualified vendors to supply live plants, including grasses, shrubs, and perennials. DOTI is also requesting vendors to supply soils, rock aggregates, and bioretention media to support their efforts of improving stormwater quality and enhancing neighborhood livability through green infrastructure.

The awarded vendor(s) shall provide, but not be limited to, the following items:

1. Live Plants: shrubs, perennials, native plants, regional cultivars

2. Soil, Rock, and Amendments: Soil, compost, wood mulch, rock mulch, cobble, crushed rock

3. Bioretention Media

Attachment A spreadsheet contains a list of items the City is requesting but does not limit what may be requested by the agency (please see all three sheets). The City reserves the right to request any items that are within the vendor’s price list.

B.2 TECHNICAL REQUIREMENTS FOR LIVE PLANTS (Applicable of Group1)

1. Nursery-grown plants and shrubs shall conform to the requirements of ANSI-Z-60.1 and ANSI

A300, Part 6, with healthy root systems developed by transplanting or root pruning. Nursery Stock shall be well shaped, symmetrical, fully branched, healthy, and vigorous, free of disease, insects, eggs, larvae, girdling, and defects such as sun scald, injuries, abrasions, and disfigurement.

2. All live plants provided are to have been grown or acclimated to hardiness zones that correspond with Denver, Colorado’s climate.

3. All plants shall be true to name as ordered or shown on planting plans and shall be labeled individually or in groups by species and cultivar (as appropriate). Label all plants of each size, caliper genus, species cultivar or variety with a securely attached waterproof tag bearing legible designation of botanical and common name.

4. Roots: The uppermost roots or root collar shall be within the upper two inches (2”) of the soil media (substrate). Depth of the root-ball shall be measured from the top of the ball, which in all cases shall begin at the root flare. Soil above the root flare shall not be included in the root-ball depth measurement and shall be removed.

a. The plant shall be well rooted in the soil media (substrate). Root distribution shall be uniform throughout the soil or media and radial from the base. Structure and growth shall be appropriate for the genus, species and cultivar or variety. When the burlap or container is removed, the root-ball shall remain intact. Trees should have several lateral roots or many fibrous roots spaced evenly around the trunk to provide support so the trees are stable when planted.

b. The root collar and the inside portion of the root-ball shall be free of defects, including circling, kinked, and stem-girdling roots. Soil removal or root washing near the root collar may be necessary to inspect for the aforementioned root defects.

c. The root system shall be substantially free of injury from biotic (e. g., insects and pathogens) and abiotic (e. g., pesticide toxicity and salt injury) agents.

d. Root-balls that are undersized as specified in current edition of ANSI Z60.1 2014 shall be rejected.

5. Leaves: The size, color, and appearance of leaves shall be typical for the time of year and stage of growth of the species or cultivar. Plants shall not show signs of prolonged stress or extended drought as indicated by under or oversized leaves, wilted, shriveled or dead leaves.

6. Collected Stock: Do not use plants harvested from the wild, from native stands, from an established landscape planting, or not grown in a nursery unless otherwise indicated, and only if approved by a City Representative.

7. The container shall be sufficiently rigid to hold the ball shape and to protect the root mass during transport.

8. Minimum shrub sizes shall conform to the following standards:

a. Tender shrubs (Type 0) that do not produce top growth that is winter hardy:

Height or Spread Minimum number of canes Minimum spread of roots

Fifteen inches (15”) Three (3) canes Nine inches (9”)

b. Small shrubs (Type 1) that grow to a mature height of not more than three feet (3’):

Fifteen inches (15”) Four (4) canes Nine inches (9”)

c. Intermediate shrubs (Type 2) that grow to a mature height between three feet (3’) and seven feet (7’):

Two feet (2’) Four (4) canes Twelve inches (12”)

d. Large shrubs (Type 3) that grow to a mature height exceeding seven feet (7’):

Four feet (4’) Six canes (6) Twenty inches (20”)

B.3 QUALITY CONTROL

1. Upon delivery, all plants shall be inspected by an authorized City Representative. Inspection of materials is primarily for quality, size, form, variety, damage, and proper rooting but other requirements are not waived even though initial visual inspection results in approval. All materials shall be in accordance with the American Standard for Nursery Stock (ANSI Z60.1 2014), the most current edition, for measurements, grading, branching, quality, container specifications and ball/burlap specifications.

2. Any live plants deemed unacceptable by an authorized City Representative are to be picked up and returned to Vendor at no cost to the City. If a delivery is made of unacceptable materials, the Vendor shall arrange pickup within five (5) calendar days of notification.

3. The Successful Vendor is responsible for ensuring that all plants are properly watered / moist upon delivery to ensure that all material will be in the best possible condition for planting, including but not limited to: no broken branches, no scars on stems or branches, no broken root balls and stems of tree are to be centered within the root ball.

4. All plant material shall comply with federal and state laws and regulations requiring inspection for plant diseases, pests, and weeds. Inspection certificates required by law shall accompany each shipment of plants.

B.4 NURSERY REGISTRATION

1. Nursery Stock Vendors within the State of Colorado must comply with Colorado Revised Statute

(C.R.S.) Title 35 Article 26 is “The Colorado Nursery Act” and be registered with the Colorado

Department of Agriculture as a Registered Nursery.

2. Nursery Stock Vendors outside the State of Colorado shall comply with their respective State’s agricultural laws and regulations pertaining to nursery stock propagation, growth, and sales.

3. Nursery Stock Vendors shall provide the following certificates with delivery or when requested:

a. State Inspection Certificate(s).

b. Certificate from origin state (if applicable).

c. Quarantine Certificate from origin state (if applicable).

d. Any Certificates required by the USDA Animal and Plant Health Inspection Service

(APHIS) and ANSI-Z-60.1 2014 and accompanying Rules and Regulations (if applicable).

B.5 TECHNICAL REQUIREMENTS FOR SOIL, ROCK, AND AMENDMENTS (group 2)

1. Grading for soil, rock, and amendments shall comply with the American Association of

State Highway and Transportation Officials (AASHTO) and/or the American Society for Testing and Materials (ASTM).

2. Vendors shall provide a certificate of compliance for any imported Aggregate Base

Course materials.

https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=cbd6091f-6f4c-41c3-b6ec-fa80c294a2db&nodeid=ABLAAJAAGAAB&nodepath=%2fROOT%2fABL%2fABLAAJ%2fABLAAJAAG%2fABLAAJAAGAAB&level=4&haschildren=&populated=false&title=Article+26+Colorado+Nursery+Act&config=014FJAAyNGJkY2Y4Zi1mNjgyLTRkN2YtYmE4OS03NTYzNzYzOTg0OGEKAFBvZENhdGFsb2d592qv2Kywlf8caKqYROP5&pddocfullpath=%2fshared%2fdocument%2fstatutes-legislation%2furn%3acontentItem%3a61P5-WXR1-DYDC-J3D5-00008-00&ecomp=6gf59kk&prid=8ca9b520-6779-47cd-8c96-c6126251d62d

3. Aggregate base course and sand filter materials shall meet the requirements of Section

703 of the Standard Specifications for Road and Bridge Construction of the Colorado

Department of Highways, or as specified by the City Representative.

4. Wood mulches shall be free from weeds, chemicals, and/or deleterious materials and suitable as a top dressing of trees and shrubs, consisting of chipped wood material not larger than four inches (4”) in length unless otherwise specified.

5. Rock groundcovers shall be clean, dry, and free of organic and deleterious materials.

B.6 TECHNICAL REQUIREMENTS FOR BIORETENTION MEDIA (Group 2)

1. Bioretention media shall conform with the standard as outlined in the latest revision to the Mile High Flood District’s Urban Storm Drainage Criteria Manual (MHFD Manual), Vol. 3 for Stormwater Control Measures (SCMs) or as follows:

2. Vendor shall submit particle-size distribution and nutrient analysis for approval by City

Representative prior to delivery.

B.7 TERM

See Master Purchase Order Section herein.

B.8 ESTIMATED QUANTITIES:

Quantities listed are the City's best estimate and do not obligate the City to order or accept more than City's actual requirements during the period of this agreement, as determined by actual needs and availability of appropriated funds.

B.9 F.O.B. POINT:

All prices quoted must be quoted at a firm price F.O.B. City and County of Denver, Denver, Colorado, delivered as instructed by agency.

B.10 PALLET CHARGE:

All pallets supplied shall be non-returnable, no deposit.

B.11 PATENTS:

Vendor agrees to defend the City at vendor's own expense, in all suits, actions or proceedings in which the City is made a defendant for actual or alleged infringement of any United States of America or foreign letters patent resulting from the City’s use of the goods purchased as a result of this contract. Vendor further agrees to pay and discharge any and all judgments or decrees which may be rendered in any such suit, action or proceeding against the City.

Vendor agrees to indemnify and hold harmless the City from any and all license, royalty and proprietary fees or costs, including legal costs, which may arise out of the City’s purchase and use of goods supplied by the vendor.

It is expressly agreed by vendor that these covenants are irrevocable and perpetual.

B.12 VENDOR PERFORMANCE MANAGEMENT:

The Purchasing Department may administer a vendor performance management program as part of this contract.

The purpose of this program is to create a method for documenting and advising the Purchasing Department of exceptional performance or any problems related to the purchased goods and services.

Vendor may be required to furnish a performance report to the analyst on an annual basis, providing information that may include but is not limited to:

FOR GOODS

• Total dollar value of purchases per City Agency

• Total number of transactions per City Agency

• Percentage of items shipped from local stock

• Percentage of items backordered

• Average delivery time for stock material

• Average delivery time for backorders

Supplier may also be required to provide additional specific reporting/data as required.

B.13 COOPERATIVE PURCHASING:

The City encourages and participates in cooperative purchasing endeavors undertaken by or on behalf of other governmental jurisdictions, pursuant to Denver Revised Municipal Code Sec. 20-64.5. To the extent other governmental jurisdictions are legally able to participate in cooperative purchasing endeavors, the City supports such cooperative activities. Further, it is a specific requirement of this agreement that pricing offered herein to the City may be offered by the vendor to any other governmental jurisdiction purchasing the same products.

Vendor(s) must contract directly with any interested governmental agency concerning the matters within this agreement.

B.14 ENVIRONMENTAL MANAGEMENT SYSTEM, ENVIRONMENTAL POLICY, AWARENESS, AND

COMPLIANCE

Some City operations can pose risks to human health and the environment. Proactive environmental management can reduce risk and prevent harm. The Denver Environmental Performance Program (DEPP) is the City’s ISO 14001 Environmental Management System (EMS). The DEPP ensures all aspects of City operations with the potential to cause environmental impacts are proactively managed. The DEPP reinforces the

City’s position that the City’s business partners are aware of the City’s Environmental Policy, and are responsible for supplying goods and services in a manner consistent with this policy. The DEPP also requires business partners ensure the competency of their staff with respect to the environmental impacts of their duties.

The Environmental Policy of the City & County of Denver, may be found at:

https://denvergov.org/files/assets/public/v/2/public-health-and-environment/documents/eq/2024-denver-environmental-policy.pdf

All City business partners are required to comply with federal, state, and local environmental regulations. The

DEPP requires all City business partners to be aware of the impacts their products and services have on the environment and implement practices to minimize impacts, prevent pollution, and align outcomes with the

City’s environmental performance goals.

The Contractor shall provide products and services under this agreement consistent with the City’s

Environmental Policy and any environmental performance goals identified by the agency for whom the contractor is performing work.

B.14.a Environmentally Preferable Purchasing (EPP) Guidance

The City defines Environmentally Preferable products and services as those having a lesser or reduced effect on human health and the environment when compared with competing products and services serving the same purpose. The City’s EPP evaluation may extend to materials of manufacture, packaging, transport, recycled content, energy consumption, local recyclability, waste disposal, and other factors.

Vendors are encouraged to describe any EPP attributes of the goods or services they offer to the City. Applicable

EPP considerations may factor in product and service evaluations.

[append here the customized EPP attributes list for each solicitation] https://denvergov.org/files/assets/public/v/2/public-health-and-environment/documents/eq/2024-denver-environmental-policy.pdf https://denvergov.org/files/assets/public/v/2/public-health-and-environment/documents/eq/2024-denver-environmental-policy.pdf

SECTION C: PRICING/BID ITEMS

C.1 PRICING INFORMATION:

This section shall include proposed costs and prices. All pricing information shall be limited solely to this section of your bid. This section should address all requirements set forth in Section B as well as any other items pertinent to your bid pricing such as additional discounts for increased quantities, etc. The requirements have been developed to allow the City to uniformly evaluate prices submitted for the work. Accordingly, you should follow these instructions carefully and provide all data requested in the formats specified herein and in any referenced attachments. Pricing shall be in the format contained in the IFB.

The City will not increase the contract or any purchase order (either dollar amount or time) for items not included in the submitted bid documents.

The City reserves the right to purchase part or the entire bid.

C.2 PRICING:

Proposals should be submitted based on a discount from a manufacturer's Published Price List(s). Such Published

Price List(s) must be common to, and accepted by the industry in general. The lists must be printed, properly identified, and dated as to issuance and effectiveness.

In the event the market price on any item is reduced during the period of the contract, the successful vendor for that item shall reduce the proposal price to the City accordingly.

The vendor cannot offer a separate pricing structure or charge an additional fee(s) for credit procurement card purchases.

C.3 PRICING (INITIAL AND FUTURE):

Bid Instructions:

Bids shall be submitted on the basis of a discount from a vendor’s Published Price List(s). Such Published Price

List(s) must be common to and accepted by the industry in general. The lists must be printed, properly identified, and dated as to issuance and effectiveness.

Any of the following may be provided upon bid submittal:

• Website Link

• File Upload to Rocky Mountain E-Purchasing website.

If one of these is provided, please so indicate in the proposed item at “Name of Price Schedule...”

Upon request, the vendor shall provide additional sets of manufacturer's product catalogs and inventory/ availability price lists.

Revised Published Price Lists may be used as a means of price adjustment. However, all bids are to be firm and fixed for a period of one (1) year after the bid opening date and revised price lists may be accepted as outlined below.

Pricing Structure:

All price discounts percentages shall be firm and fixed for the initial term and any renewals (as applicable).

The vendor cannot offer a separate pricing structure or charge an additional fee(s) for credit procurement card purchases.

Updated Pricing Lists:

PRICING LIST UPDATE REQUEST

DUE DATE

UPDATED PRICING PERIOD

FOLLOWING DUE DATE

February 1

February 1 through January 31

Update price lists shall clearly outline at minimum the item part number, description, unit of measure, unit price, the contracted discount, and final net price. Additional information may also be required.

Pricing updates must be based upon documented manufacturer’s price increases and must be verifiable (e.g., letter from the manufacturer(s), market indexes, and etcetera.

Vendors shall have the capability of accepting the City’s authorized Procurement Card as a method of payment.

C.4 BID ITEMS:

Please see Attachment A-11197 Pricing Spreadsheet

SECTION D: MASTER PURCHASE ORDER TERMS AND CONDITIONS

1. Goods/Services:

_________________________________, a _______________________, (“Vendor”) shall provide the goods, and any services related thereto, identified and described on attached Exhibit A, to the City and County of Denver, a

Colorado municipal corporation (the “City”), all in accordance with the terms and conditions of this Master Purchase

Order.

2. Ordering:

The City shall purchase one or more of the goods/services by issuing a written purchase order(s) or similar appropriate written document (“Order”), each of which will be deemed incorporated into this Master Purchase Order for purposes of such Order only.

3. Pricing:

The pricing/rates for the goods/services is contained on Exhibit A and shall be held firm for the term of this Master

Purchase Order.

4. Term/Renewal:

The term of this Master Purchase Order shall be from date of City signature to and including 2/01/2029. General

Services and the vendor may mutually agree to renew and continue this Master Purchase Order for additional periods at the same pricing structure, terms, and conditions. However, no renewal shall surpass 1/31/2031.

5. Non-Exclusive:

This Master Purchase Order is non-exclusive. City does not guarantee any minimum purchase other than as provided herein.

6. Inspection and Acceptance:

Vendor shall perform any services in accordance with the standard of care exercised by highly competent vendors who perform like or similar services. City may inspect all goods/services prior to acceptance. Payment does not constitute acceptance. Vendor shall bear the cost of any inspection/testing that reveal goods/services that are defective or do not meet specifications. City's failure to accept or reject goods/services shall not relieve Vendor from its responsibility for such goods/services that are defective or do not meet specifications nor impose liability on City for such goods/services. If any part of the goods/services are not acceptable to City, City may, in addition to any other rights it may have at law or in equity: (1) make a warranty claim; (2) repair and/or replace the goods or substitute other services at Vendor's expense; or (3) reject and return the goods at Vendor's cost and/or reject the services at

Vendor's expense for full credit. Any rejected goods/services are not to be replaced without written authorization from City, and any such replacement shall be on the same terms and conditions contained in this Purchase Order.

7. Shipping, Taxes and Other Credits and Charges:

All pricing is F.O.B. destination unless otherwise specified. Shipments must be marked with Vendor’s name, the

Master Purchase Order number, and contain a delivery or packing slip. Vendor shall not impose any charges for boxing, crating, parcel post, insurance, handling, freight, express or other similar charges or fees. Vendor shall notify

City in writing of any price decreases immediately, and City shall receive the benefit thereof on all unshipped items.

Vendor shall comply with any additional delivery terms specified herein. Vendor shall be responsible for the cleanup and reporting of any contamination (environmental or otherwise) or spillage resulting from the delivery and/or unloading of goods within twenty-four (24) hours of the contamination or spillage or sooner if required by law.

Vendor shall procure all permits and licenses; pay all charges, taxes and fees; and give all notices necessary and incidental to the fulfillment of this Master Purchase Order and all cost thereof have been included in the prices contained herein. City shall not be liable for the payment of taxes, late charges, or penalties of any nature, except as required by D.R.M.C. § 20-107, et seq. The price of all goods/services shall reflect all applicable tax exemptions.

City’s Federal Registration No. is 84-6000580 and its State Registration No. is 98-02890. Vendor shall pay all sales and use taxes levied by City on any tangible personal property built into the goods/services. Vendor shall obtain a

Certificate of Exemption from the State of Colorado Department of Revenue prior to the purchase of any materials to be built into the goods/services and provide a copy of the Certificate to City prior to final payment.

8. Risk of Loss:

Vendor shall bear the risk of loss, injury, or destruction of goods prior to delivery to City. Loss, injury, or destruction shall not release Vendor from any obligation hereunder.

9. Invoice:

Each invoice shall include: (i) the Purchase Order number; (ii) individual itemization of the goods/services; (iii) per unit price, extended and totaled; (iv) quantity ordered, back ordered and shipped; (v) an invoice number and date;

(vi) ordering department’s name and “ship to” address; and (vii) agreed upon payment terms set forth herein.

10. Payment:

Payment shall be subject to City’s Prompt Payment Ordinance D.R.M.C. § 20-107, et-seq., after City accepts the goods/services. Any other provision of this Master Purchase Order notwithstanding, in no event shall the City be liable for aggregate payments under this Master Purchase Order in excess of ______________________________

($_________). Vendor acknowledges that any goods/services provided beyond those specifically described in

Exhibit A are performed at Vendor’s risk and without authorization from the City. City’s payment obligations hereunder, whether direct or contingent, shall extend only to funds appropriated by the Denver City Council for the purpose of this Master Purchase Order, encumbered by the City after receipt of Vendor’s invoice and paid into the

Treasury of City. Vendor acknowledges that: (i) City does not by this Master Purchase Order, irrevocably pledge present cash reserves for payments in future fiscal years; and (ii) this Master Purchase Order is not intended to create a multiple-fiscal year direct or indirect debt or financial obligation of City. City may setoff against any payments due to Vendor any claims and/or credits it may have against Vendor under this Master Purchase Order.

11. Amendments/Changes:

Only the Executive Director of General Services or his/her delegate is authorized to change or amend this Master

Purchase Order by a formal written change order. Any change or amendment that would cause the aggregate payable under this Master Purchase Order to exceed the amount appropriated and encumbered for this Master Purchase Order is expressly prohibited and of no effect. Vendor shall verify with the City that the amount appropriated and encumbered is sufficient to cover any increase in cost due to changes or amendments. Goods/services provided without such verification are provided at Vendor’s risk. Vendor has no authority to bind City on any contractual matters.

12. Warranty:

Vendor warrants and guarantees to City that all goods furnished under this Master Purchase Order are free from defects in workmanship and materials, are merchantable, and fit for the purposes for which they are to be used. For any goods furnished under this Master Purchase Order which become defective within twelve (12) months (unless otherwise specified) after date of receipt by City, Vendor shall either, at City's election and to City's satisfaction, remedy any and all defects or replace the defective goods at no expense to City within seven (7) days of receipt of the defective goods or accept the defective goods for full credit and payment of any return shipping charges. Vendor shall be fully responsible for any and all warranty work, regardless of third-party warranty coverage. Vendor shall furnish additional or replacement parts at the same prices, conditions and specifications delineated herein.

13. Indemnification/Limitation of Liability:

Vendor shall indemnify and hold harmless City (including but not limited to its employees, elected and appointed officials, agents and representatives) against any and all losses (including without limitation, loss of use and costs of cover), liability, damage, claims, demands, actions and/or proceedings and all costs and expenses connected therewith

(including without limitation attorneys’ fees) that arise out of or relate to any claim of infringement of patent, trademark, copyright, trade secret or other intellectual property right related to this Master Purchase Order or that are caused by or the result of any act or omission of Vendor, its agents, suppliers, employees, or representatives. Vendor’s obligation shall not apply to any liability or damages which result solely from the negligence of City. City shall not be liable for any consequential, incidental, indirect, special, reliance, or punitive damages or for any lost profits or revenues, regardless of the legal theory under which such liability is asserted. In no event shall City’s aggregate liability exceed the agreed upon cost for those goods/services that have been accepted by City under this Master Purchase

Order up to the total Master Purchase Order Amount. Notwithstanding anything contained in this Master Purchase

Order to the contrary, City in no way limits or waives the rights, immunities and protections provided by C.R.S. § 24-

10-101, et seq.

14. Termination:

City may terminate this Master Purchase Order, in whole or in part, at any time and for any reason immediately upon written notice to Vendor. In the event of such a termination, City’s sole liability shall be limited to payment of the amount due for the goods/services accepted by City. Vendor acknowledges the risks inherent in this termination for convenience and expressly accepts them. Termination by City shall not constitute a waiver of any claims City may have against Vendor.

15. Interference:

Vendor shall notify the Director of Purchasing immediately of any condition that may interfere with the performance of Vendor’s obligations under this Master Purchase Order and confirm such notification in writing within twenty-four (24) hours. City’s failure to respond to any such notice shall in no way act as a waiver of any rights or remedies

City may possess.

16. Venue, Choice of Law and Disputes:

Venue for all legal actions shall lie in the District Court in and for City and County of Denver, State of Colorado, and shall be governed by the laws of the State of Colorado as well as the Charter and Revised Municipal Code, rules, regulations, Executive Orders, and fiscal rules of City. All disputes shall be resolved by administrative hearing, pursuant to the procedure established by D.R.M.C.§ 56-106. Director of Purchasing shall render the final determination.

17. Assignment/No Third Party Beneficiary:

Vendor shall not assign or subcontract any of its rights or obligations under this Master Purchase Order without the written consent of the Executive Director of General Services or his/her delegate. In the event City permits an assignment or subcontract, Vendor shall continue to be liable under this Master Purchase Order and any permitted assignee or subcontractor shall be bound by the terms and conditions contained herein. This Master Purchase Order is intended solely for the benefit of City and Vendor with no third-party beneficiaries.

18. Notice:

Notices shall be made by Vendor to the Director of Purchasing and by City to Vendor at the addresses provided herein, in writing sent registered, return receipt requested.

19. Compliance With Laws:

Vendor shall observe and comply with all federal, state, county, city, and other laws, codes, ordinances, rules, regulations, and executive orders related to its performance under this Master Purchase Order. City may immediately terminate this Master Purchase Order, in whole or in part, if Vendor or an employee is convicted, pleads nolo contendre, or admits culpability to a criminal offense of bribery, kickbacks, collusive bidding, bid-rigging, antitrust, fraud, undue influence, theft, racketeering, extortion or any offense of a similar nature.

20. Insurance:

Vendor agrees to secure, at or before the time of execution of this…