29688 Greenhouse Project Solicitation.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, 11th Floor Denver, CO 80202

Procurement Analyst Name: Ruth Bruski

Procurement Analyst Email: ruth.bruski@denvergov.org

Invitation for Bid For City Executed Contract

IFB No. 29688

City Park Greenhouse Project

SCHEDULE OF EVENTS

• IFB Issued April 11, 2025

• Pre-Bid Meeting (See A.4 for details) April 23, 2025 1:00 P.M. Local Time

• Deadline to Submit Additional Questions April 28, 2025 1:00 P.M. Local Time

• Response to Written Questions May 2, 2025

• Bid Due Date May 8, 2025 11:00 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:

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

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 PROPOSALS:

A.4 PRE-BID MEETING AND JOB WALK:

A.5 IFB QUESTIONS:

A.6 ADDENDA:

A.7 PAYMENT AND PERFORMANCE BONDS AND SURETIES:

A.8 ACCEPTANCE PERIOD:

A.9 TECHNICAL REQUIREMENTS/STATEMENT OF WORK:

A.10 IFB CONDITIONS AND PROVISIONS:

A.11 GRATUITIES AND KICKBACKS:

A.12 NON-COLLUSIVE VENDOR CERTIFICATION:

A.13 AWARDS:

A.14 EVALUATION AND AWARDS:

A.15 BRAND AND/OR TRADE NAMES:

A.16 PRODUCT/PERFORMANCE LITERATURE:

A.17 DISCLOSURE OF CONTENTS OF BIDS:

A.18 PROOF OF REGISTRATION WITH THE COLORADO SECRETARY OF STATE:

A.19 DIVERSITY AND INCLUSIVENESS – EXECUTIVE ORDER #101:

SECTION B: SCOPE OF WORK AND TECHNICAL REQUIREMENTS:

B.1 SCOPE OF WORK/ REQUIREMENTS

B.2 TERM

B.3 ESTIMATED QUANTITIES:

B.4 F.O.B. POINT:

B.5 DELIVERY/SERVICE CONSIDERATIONS:

B.1 LIQUIDATED DAMAGES:

B.2 LAWS, REGULATIONS, TAXES AND PERMITS

B.3 EMERGENCY PURCHASES:

B.4 PREVAILING WAGES

B.5 MINIMUM WAGE ORDINANCE

B.6 ENVIRONMENTAL MANAGEMENT SYSTEM, ENVIRONMENTAL POLICY, AWARENESS,

AND COMPLIANCE

B.6.a Environmentally Preferable Purchasing (EPP) Guidance

SECTION C: PRICING/BID ITEMS

C.1 PRICING INFORMATION:

C.2 PRICING

C.3 See Attachment labeled “C.3 - PRICE PROPOSAL SUBMISSION”

SECTION D: SAMPLE EXECUTED CONTRACT TERMS AND CONDITIONS

D.1 CONTRACT SERVICES AGREEMENT

SECTION E: ADDITIONAL REQUIRED INFORMATION

E.1 CONTRACT CERTIFICATION FORM:

E.2 REFERENCE LISTING:

E.3 DENVER VENDOR SUSTAINABILITY:

E.4 SMALL BUSINESS INFORMATION REQUEST (Optional)

E.5 VENDOR INFORMATION:

E.6 VENDOR'S CHECK LIST:

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 removal and replacement of City Park Greenhouse roof. The greenhouse portion of the project must be completed by

September 15, 2025 at the latest. This deadline cannot be extended; therefore, the City asks that only suppliers who can confidently meet this deadline submit proposals.

Notes:

1) The greenhouse roof portion of the project cannot start before June 1, 2025.

2) The asphalt shingles portions of the roof can start before June 1, 2025 and work can occur after the September

15, 2025 date.

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 Invitation 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.

A.3 ELECTRONIC SUBMISSION OF PROPOSALS:

Submission of proposals for this solicitation may only be done electronically through BidNet®. Proposals must be submitted at www.bidnetdirect.com no later than the date and time indicated in the proposal.

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

Your proposal shall be in the following order. Do not upload individual documents. There shall be only 2

Sections uploaded to the bid system. Documents to be included in Section 1 and Section 2 are outlined below.

http://www.rockymountainbidsystem.com/

Uploading separate/individual documents will not be accepted. Failure to submit all requested documents may deem your submission unresponsive.

Section 1 –

1) Signed Cover Sheet

2) Addenda acknowledgements, if applicable

3) Copies of applicable licenses must include:

Class D Metal Roof license and Class D Roof Covering and Waterproofing license in good standing at both the City and State level

4) Contract Certification Form, Section E.1

5) References, See Section E.2

6) Vendor Sustainability Information, Section E.3

7) Small Business Information Request (optional), Section E.4

8) Vendor Information E.5

9) XO 101 Diversity & Inclusiveness Form (Can be submit electronically - see link in

Section A.19)

Section 2 - Pricing Matrix – Section C in its entirety

A.4 PRE-BID MEETING AND JOB WALK:

A pre-bid conference will be conducted the date and time listed in the Schedule of Events on the cover page. The

IFB terms and conditions will be reviewed and discussed at this time. This will be the only time city representatives will conduct a job walk with suppliers.

Meet at City Park Greenhouse Parking Lot

2500 E 23rd Ave, Denver, CO 80205

Please plan accordingly as parking space may be limited. Vendors are to visit the site and familiarize themselves with any conditions which may affect performance and proposed prices. Submission of a bid will be prima facie evidence that the vendor did, in fact, make a site inspection and is aware of all conditions affecting performance and proposed prices.

A.5 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. Therefore, any questions regarding this IFB are encouraged and should be submitted in writing by email to:

City Procurement Analyst: Ruth Bruski

E-Mail: ruth.bruski@denvergov.org

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.6 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.7 PAYMENT AND PERFORMANCE BONDS AND SURETIES:

The successful vendor will be required to furnish a payment and performance bond or, in the alternative, an irrevocable letter of credit from a local financial institution, in the amount of the awarded contract. If a payment and performance bond is furnished by the selected vendor, it must be executed by the owner, a general partner or, if a corporation, the secretary's signature and the seal of the corporation must be affixed.

A.8 ACCEPTANCE PERIOD:

Proposals 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.9 TECHNICAL REQUIREMENTS/STATEMENT OF WORK:

Section B of this IFB contains our 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 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.10 IFB 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, shall 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 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 of contract purchase order.

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 proposals, 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 proposal(s), 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 this purchase order or contractual agreement 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.

In the event that this IFB requires a formal contract to be prepared by the City and County of Denver, the successful vendor will properly sign and furnish necessary performance bonds, insurances, Workers'

Compensation, etc., as required by the respective bid within ten (l0) days (unless a longer period is allowed) from the date of receipt of the formal contract forms.

All vendors must take into consideration that only the City's contract documents will be used in the finalization of this agreement. This will include the total bid and the City Attorney's general form.

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

A.11 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.12 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 purchase. 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.13 AWARDS:

One award will be made on an "all or none" basis. Prices must be shown for each item listed. 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. City may choose Alternate 1A and/or Alternate 2 or neither when awarding the contract.

A.14 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-(d), (f), (g)}

(d) schedule/ lead-time

Any award as a result of this IFB shall be contingent upon the execution of an appropriate contract. Section D of this

IFB contains our proposed terms and conditions. These terms and conditions shall form the basis of a Contract covering the subject matter of this IFB. If there is contention(s) with the Terms and Conditions, a brief explanation and alternative language, if any, should be included in your response to Section D. in the provided Section E.

CONTRACT CERTIFICATION FORM. Any exceptions to the Terms and Conditions will be taken into consideration when evaluating bids submitted. The City reserves the right to reject any or all of the proposed modifications.

A.15 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.

Brand Names: Where a manufacturer's brand name of merchandise is given in this IFB, it does not mean to construe or imply an endorsement by the City and County of Denver of this brand only, but is used as a norm of quality, type, etc.

A.16 PRODUCT/PERFORMANCE LITERATURE:

Bids submitted for products considered by the seller to be equal to or better than the brand names or manufacturer's catalog references specified herein, must be submitted with manufacturer's literature and/or detailed product brochures for the City's use to evaluate the product(s) offered. Bids submitted without this product information may be considered as non-responsive and rejected.

The undersigned vendor shall agree to furnish, upon the written request of the City's Analyst, any additional information needed to substantiate or clarify the design and/or performance characteristics of the materials he proposes to furnish.

Samples may be requested at no charge to the City. Samples will not be returned to the supplier.

A.17 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.18 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.19 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:

B.1 SCOPE OF WORK/ REQUIREMENTS

Due to the hail damage suffered during the hailstorm back in June of 2024, 90-95% of the greenhouse panels on the south side roof of the City Park Greenhouse have been ineffective in keeping out the rain and will need to be replaced before any further damage can occur. The roof currently leaks above existing electrical services and is a safety hazard to everyone inside of the building. There are a few panels on the north side of the building that were not serviced when they replaced those roof panels back in 2018. The current shingle roofs, while serviceable, will need to be replaced soon due to age and the asphalt constantly clogging the gutters.

Green House Roof – Base Scope Overview:

1. Remove and dispose of all damaged panels at all green houses on south side of facility, replace with new polycarbonate panels. Contractor to match existing panels and system.

2. DPR has +-30 new panels (6’x17’ Gallina USA PoliCarb - 10mm 2-wall) on site for contractor review and confirmation on during the pre-bid meeting. Panels can be used as part of the replacement project.

3. Confirm the number and size of panels needed based on existing panels and field verification.

4. Replace the approximate 11 panels located on the north roof, Contractor to field verify with DPR input and approval.

5. Project roof panel replacement shall be completed no later than September 15th, 2025.

Alternate 1a:

1. Replace the asphalt shingles on the central greenhouse roof, approximately 9,100 sf, contractor to verify in field.

2. Determine if the gutter on the north side of the central greenhouse roof is sealed properly against the building because water is getting on the plywood under the shingles.

3. Determine if plywood under the north side of the central greenhouse roof needs to be replaced or just re-treated, and how much needs to be replaced if needed.

4. Contractor to replace any plywood that needs is deemed irreparable.

5. Alternate 1 to be complete by 10/31/2025.

Alternate 1b:

1. Replace the asphalt shingles on the northside greenhouse roof, approximately 5,720 sf, contractor to verify in field.

2. Alternate 2 to be complete by 10/31/2025.

Work Expectations:

1. The City and County of Denver’s Yellow Book Standard Specifications for Construction and General Contract Conditions, including all applicable titles within the Yellow Book will be in full force for the project.

2. Pre-Construction meeting will be required with pertinent DPR staff prior to construction beginning.

3. Contractor shall follow Denver Building Codes for Asphalt Shingles for Commercial roofs and at a minimum the Commercial Roof Checklist dated 4/11/2024 or most current checklist at the time of bidding, for all requirements related to the standards for the asphalt shingles that will pass all City permit inspections.

4. Working Schedules

a. Working hours shall be coordinated with City designated greenhouse staff.

b. Working hours are anticipated to be Monday – Friday 7am-4pm.

c. Weekend work may be able to be accommodated.

d. All panels on the north greenhouse roofs that need to be replaced shall be removed and a replacement panel will be installed immediately, no holes shall remain open to the elements for longer than an hour.

5. Trash and Debris requirements.

a. Contractor to supply a dumpster that is of adequate size in order to hold the waste that is created during the replacement of the roof panels. Contractor shall coordinate where to place a single dumpster located on the site with DPR staff.

b. Contractor shall remove and legally dispose of all trash and debris generated by the project at a time when the dumpster is full or at the end of the project, whichever comes first. Contractor is responsible for making sure there is always a dumpster at the site throughout the life of the project.

c. Contractor responsible for cleaning up all trash/debris from the site each day to allow for DPR daily operations.

6. Material Information

a. Per Distributor current panels lead time are around the 5-7 weeks range.

b. Temperatures need to be between 55-70 degrees in order to properly install panels.

7. Awarded supplier must provide own portable toilet on the job site.

B.2 TERM

The effective period of the contract resulting from this IFB will start when both parties have signed the contract and end 90 days after the final job walk and inspection (approximately 01/30/2026). Note: The end date of the contract to include the completion date of Alternate 1 and Alternate 2 if City chooses to award any alternates.

B.3 ESTIMATED QUANTITIES:

No attempt has been made to establish an estimated figure as to the quantity of items shown on this IFB as they may vary considerably due to conditions over which the City has no control and/or as determined by actual needs and availability of appropriated funds.

It is expressly understood and agreed that the resulting contract is to supply the City with its complete actual requirement of the services and related materials specified in this IFB for the contract period.

By signing and submitting this bid, vendor agrees that the City may, at any time prior to no more than one year from solicitation close date purchase additional quantities up to and including 50% of the quantities specified at these bid prices and conforming to bid specifications.

B.4 F.O.B. POINT:

All prices quoted must be quoted at a firm price F.O.B. Denver, Colorado, delivered, unloaded, and installed to to the following point: City Park Greenhouse, 2500 E 23rd Ave, Denver, CO 80205

B.5 DELIVERY/SERVICE CONSIDERATIONS:

Deliveries/Services are to be made as soon as possible after orders are placed and are anticipated within a 30 day period. Vendors proposing products not carried in stock as a policy for immediate delivery or provide services within the specified timeline parameters should not submit bid on such items/services.

All deliveries/services shall be made between 7am to 4pm (local time), Monday through Friday, excluding holidays. Coordination with designated City representative must be made prior to delivery.

B.1 LIQUIDATED DAMAGES:

If the vendor fails to deliver the supplies or perform the services within the time specified in their contract, or any extension thereof, the actual damages to the City for the delay may be difficult or impossible to determine.

Therefore, in lieu of actual damages, the vendor shall pay to the City as fixed, agreed and liquidated damages for each calendar day of delay, the amount of $500.00. The City may terminate this contract in whole or in part as provided in the "Default" provision. In that event, the vendor shall be liable for such liquidated damages accruing until such time as the City may reasonably obtain delivery or performance of similar supplies and services. The vendor shall not be charged with liquidated damages when the delay arises out of causes beyond the control and without the fault or negligence of the vendor.

B.2 LAWS, REGULATIONS, TAXES AND PERMITS

The Vendor shall procure all permits and licenses, pay all charges, taxes and fees and give all notices necessary and incidental to the due and lawful prosecution of the work. All costs thereof shall be deemed to be included in the prices proposed for the work.

The Vendor, at all times, shall observe and comply with all federal, state, county, city and other laws, codes, ordinances, rules and regulations in any manner affecting the conduct of the work.

Without limiting the foregoing, the Vendor shall establish appropriate procedures and controls so that services under this Contract will not be performed by using any alien who is not legally eligible for such employment under United States Immigration laws. Failure to comply with this condition satisfactorily may cause the City to terminate this Contract.

Class D Metal Roof license and Class D Roof Covering and Waterproofing license in good standing at both the

City and State level

B.3 EMERGENCY PURCHASES:

The City and County of Denver reserves the right to purchase from other sources those items which are required on an emergency basis and cannot be supplied immediately by the vendor.

B.4 PREVAILING WAGES

Any Contract in the amount of two thousand dollars ($2,000.00) or more arising out of this proposal shall be subject to the following provisions concerning prevailing wages.

Wages can be found here: https://denvergov.org/Government/Agencies-Departments-Offices/Agencies- Departments-Offices-Directory/Auditors-Office/Denver-Labor

a. The minimum wages to be paid for every class of labor, mechanics and worker shall be not less than the scale of wages from time to time determined to be the prevailing wages.

b. The Vendor or his/her subcontractor shall pay mechanics, laborers and workers employed directly upon the site of the work the full amounts accrued at time of payment, computed at wage rates not less than those stated or referenced in the specifications, and any addenda thereto, on the actual date of proposal opening, or in effect on the date of grant of permit for performance of such work under D.R.M.C. Section 49-171 et seq., or on the date of the written Purchase Order for contracts let by informal procedure under D.R.M.C. Section 20-63(b), regardless of any contractual relationship which may be alleged to exist between the vendor or subcontractor and such laborers, mechanics and workers.

c. The vendor and subcontractors to pay all workers, mechanics and other laborers at least once a week the full amounts of wages accrued at the time of payment except that the vendor and subcontractor shall make such payments to non-construction workers such as janitorial or custodial workers at least twice per month.

d. The vendor shall post in a prominent and easily accessible place at the site of the work the scale of wages to be paid by the vendor and all subcontractors working under the vendor.

e. If the vendor or any subcontractor shall fail to pay such wages as are required by the contract, the Auditor shall not approve any warrant or demand for payment to the vendor until the vendor furnishes the Auditor evidence satisfactory to the Auditor that such wages so required by the contract have been paid.

f. The vendor shall furnish to the Auditor each week during which work is in progress under the contract, a true and correct copy of the payroll records of all workers, laborers and mechanics employed under the contract, either by the vendor or subcontractors.

g. The copy of the payroll record shall be accompanied by a sworn statement of the vendor that the copy is a true and correct copy of the payroll records of all mechanics, laborers or other workers working under the contract either for the vendor or subcontractors, that payments were made to the workers, laborers and mechanics as set forth in the payroll records, that no deductions were made other than those set forth in such records, and that all workers, mechanics and other laborers employed on work under the contract, either by the vendor or by any subcontractor, have been paid the prevailing wages as set forth in the contract specifications.

h. If any laborer, worker or mechanic employed by the vendor or any subcontractor under the contract has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid as aforesaid, the City may, by written notice to the vendor, suspend or terminate the vendor's right to proceed with the work, or such part of the work as to which there has been a failure to pay the required wages, and in the event of termination may prosecute the work to completion by contract or otherwise, and the vendor and any sureties shall be liable to the City for any excess costs occasioned the City thereby.

The Vendor and every subcontractor under this contract shall:

a. Pay every worker, mechanic and laborer employed under this purchase order or contractual agreement not less than the scale of wages as determined by the Career Service Board under subsection (c) of Section 20-76 of the Revised Municipal Code.

b. Pay all workers, mechanics and other laborers at least once a week the full amounts of wages accrued at the time of payment, computed at wage rates not less than those stated in the specifications.

https://denvergov.org/Government/Agencies-Departments-Offices/Agencies-Departments-Offices-Directory/Auditors-Office/Denver-Labor https://denvergov.org/Government/Agencies-Departments-Offices/Agencies-Departments-Offices-Directory/Auditors-Office/Denver-Labor

c. Post in a prominent and easily accessible place at the site of the work the scale of wages to be paid by the vendor and all subcontractors working under the vendor.

d. Furnish the Auditor each week during which work is in progress under the purchase order or contractual agreement, a true and correct electronically certified copy of the payroll records of all workers, laborers and mechanics employed under the contract, either by the vendor or subcontractors. Such payroll records shall include information showing the number of hours worked by each worker, laborer or mechanic employed under the contract, the hourly pay of each such worker, laborer or mechanic, any deductions made from pay, and the net amount of pay received by each worker, laborer or mechanic for the period covered by the payroll. The payroll record shall be accompanied by a sworn statement of the vendor that the copy is a true and correct copy of the payroll records of all mechanics, laborers, or other workers working under the contract either for the vendor or subcontractors, that payments were made to the workers, laborers and mechanics as set forth in the payroll records, that no deductions were made other than those set forth in such records, and that all workers, mechanics and other laborers employed on work under the contract, either by the vendor or by any subcontractor have been paid the prevailing wages as set forth in the contract specifications.

If the vendor or any subcontractor shall fail to pay such wages as are required by the purchase order or contractual agreement, the Auditor shall not approve any warrant or demand for payment to the vendor until the vendor furnishes the Auditor evidence satisfactory to the Auditor that such wages so required by the purchase order or contractual agreement have been paid.

If any laborers, worker or mechanic employed by the vendor or any subcontractor under the purchase order or contractual agreement has been or is being paid a rate of wages less than the rate of wages required by the purchase order or contractual agreement to be paid as aforesaid, the City may, by written notice to the vendor, suspend or terminate the vendor's right to proceed with the work, or such part of the work as to which there has been a failure to pay the required wages and, in the event of termination, may prosecute the work to completion by contract or otherwise, and the vendor and any sureties shall be liable to the City for any excess costs occasioned the City thereby.

Information as to forms and other requirements concerning prevailing wages may be obtained from the City

Auditor's office, Prevailing Wage Section, 201 West Colfax, Denver, CO 80202, telephone 720-913-5009

B.5 MINIMUM WAGE ORDINANCE

The services being requested in this solicitation may involve services that are covered pursuant to Division 3.75 of Article IV of Chapter 20 of the Denver Revised Municipal Code (“D.R.M.C.”), which is designed to address the issue of wage equity and cost of living affordability in the City & County of Denver. Vendor agrees that any contract with the City shall include a requirement that Vendor will comply with the provisions of D.R.M.C.

§§20-82 through 20-84, including, but not limited to, paying all covered workers no less than the City Minimum

Wage for all covered services rendered in connection with the Contract. Additionally, Vendor agrees that the contract shall require compliance with all current and future federal and state laws and City ordinances.

Wages can be found here: https://www.denverauditor.org/denverlabor/ https://denverauditor.org/wp-content/uploads/2019/06/MinWage_overview_flier_2019.pdf

B.6 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 https://www.denverauditor.org/denverlabor/ https://denverauditor.org/wp-content/uploads/2019/06/MinWage_overview_flier_2019.pdf 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.6.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.

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 a description of the 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.

Any omissions in this bid shall be identified by each Vendor and incorporated into their bid including any omissions for software, hardware, support etc. which is necessary to the success of the project and must be identified as a separate line item with pricing and included as part of this bid. 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

All prices quoted shall be firm and fixed for the specified contract period. Pricing shall be in the format contained in the

IFB. Do not include cost or price figures anywhere except in the cost and pricing section. The price proposal sheet is not to be modified or altered. This price proposal sheet must be submitted prior to the bid closing or will automatically be deemed non-responsive.

C.3 See Attachment labeled “C.3 - PRICE PROPOSAL SUBMISSION”

This attachment is to be downloaded from the bid site.

SECTION D: SAMPLE EXECUTED CONTRACT TERMS AND CONDITIONS

This section shall include your response to our proposed terms and conditions included in this Section D and shall form the basis for the preparation of a Contractual Agreement covering the subject matter of this IFB.

You shall respond in your bid either that all terms and conditions are acceptable or that some are acceptable and some are not. Underline or highlight those words, phrases, sentences, paragraphs, etc. that are not satisfactory and note any exceptions by referencing the appropriate article number, a brief explanation and alternative language, if any, and submit same on a separate typewritten sheet. Any exceptions will be taken into consideration when evaluating your bid.

D.1 CONTRACT SERVICES AGREEMENT

THIS CONTRACT SERVICES AGREEMENT (the “Agreement”) is made and entered effective as of the date set forth on the City’s signature page below (“Effective Date”) by and between the CITY AND

COUNTY OF DENVER, a home rule and municipal corporation of the State of Colorado (the “City”) and

_______________, a ________________ company, with an address of ______________, _____________

________ (the “Contractor”), referred to herein jointly as the “Parties” and individually as a “Party”.

In consideration of the mutual agreements contained in this Agreement, and subject to the terms and conditions stated in this Agreement, the Parties agree as follows:

1. WORK TO BE PERFORMED:

A. Services: The Contractor shall diligently and skillfully perform the following services as described in Exhibit A, the Scope of Work attached hereto by reference and in accordance with the rates and schedule attached hereto as Exhibit B (the “Work”), both of which exhibits are incorporated herein by this reference.

B. Oversight: The Contractor shall conduct the Work under the general direction of and in coordination with the Executive Director of the Denver Department of Parks and Recreation or other designated representative (the “Executive Director”; “Executive Director” shall also include the Executive Director’s designee) and the Department employee(s) assigned to manage the Work (the “Department”) and make every reasonable effort to fully coordinate the Work with any City agency or any person or firm under contract with the

City doing work which affects the Contractor’s Work. The Contractor agrees to allow the City to review any of the procedures used by it in doing the Work under this Agreement and to make available for inspection all notes, and other documents used in performing the Work.

C. Non-exclusivity: The Contractor acknowledges and agrees that this Agreement does not create an exclusive right to perform all Work regarding the services under this Agreement. The City may enter agreements with other contractors to perform the same or similar services and reserves the right to select, at the discretion of the Department, the contractor which is the most cost effective, best suited, and/or most readily able to perform.

D. Time is of the Essence: The Work specified in the Scope of Work is time sensitive.

The Contractor acknowledges and affirms that it is imperative that the Contractor exercise due diligence and actively and expeditiously undertake all measures necessary to perform the Work in accordance with the schedule and requirements set forth in the Scope of Work.

2. METHODS OF WORK:

A. Resources, Personnel, and Time Commitment: The Work shall be promptly commenced and actively prosecuted with the optimum complement of workers and equipment in order to complete the Work in an effective and expeditious manner. The Contractor shall furnish all labor, tools, supplies, equipment, materials and everything necessary for and required to perform and complete the Work. A qualified supervisor or foreman shall be present at the site when Work is being performed. The Work shall be undertaken by workers skilled, proficient, and experienced in the trades required by this Agreement and shall be performed in an orderly and responsible manner in accordance with recognized standards and the plans and specifications contained in this Agreement or provided to the Contractor by the Department. If the Department reasonably believes that the

Work is not proceeding satisfactorily or timely because the Contractor has not utilized an adequate number of qualified and skilled personnel or workers or provided sufficient tools, supplies, equipment, or materials, then the

Department may require the Contractor, at no additional cost to the City, to utilize additional qualified and skilled personnel or workers or provide additional tools, supplies, equipment, or materials to perform the Work in a manner reasonably acceptable to the Department, or, as determined by the Department in its discretion, re-assign

Work to any other contractor with which the City has entered a contract to provide similar services .

B. Permits and Licenses: Any tasks specified under this Agreement which require the employment of licensed or registered personnel shall be performed by licensed or registered personnel.