506198 RFP.pdf

Proposers must RSVP via email to the Procurement Specialist and submit a signed Non-Disclosure Agreement (NDA) and a copy of the attendee’s Driver’s License, before the deadline specified in the Schedule of Events to be eligible to attend the Non-Mandatory Pre-Proposal Conference and Non-Mandatory Site Walks Events. Late RSVPs and submittals will not be accepted. Proposers that fail to meet these requirements will not be permitted to participate in the Non- Mandatory Pre-Proposal Conference and Non-Mandatory Site Walks. See Section 3.2 for further details.

506198 Grounds Maintenance – Weed

Mitigation

SCHEDULE OF EVENTS

Issue Date ............................................................................................................ Thursday, September 26, 2024

RSVP Deadline for Pre-Proposal Conference ........................................ Tuesday, October 01, 2024 2:00 P.M.

Non-Disclosure Submittal Deadline ........................................................ Tuesday, October 01, 2024 2:00 P.M.

Non-Mandatory Pre-proposal Conference ....................................... Wednesday, October 02, 2024 11:00 A.M.

Non-Mandatory Site Walk(Denver Administration Campus/NTP) ....... Wednesday, October 09, 2024 8:00 A.M.

Non-Mandatory Site Walk(Dillon Reservoir) ........................................... Thursday, October 10, 2024 8:00 A.M.

Requests for Clarification and Additional Information Deadline .................... Friday, October 11, 2024 2:00 PM

Response to Written Requests for Clarification and Additional Information ....... Wednesday, October 16, 2024

Proposal Due Date ......................................................................... Wednesday, November 06, 2024 2:00 P.M.

*All dates are tentative and subject to change and/or cancellation at Denver Water’s sole discretion. Denver Water will notify potential Proposers of any and all necessary changes and/or cancellations via written addendum. All times included on this Schedule of Events are Mountain Time.

Pursuant to C.R.S. § 24-72-204(2)(a)(VIII), this Request for Proposals and all related documents included herein contain specialized details of Denver Water’s critical infrastructure and shall not be disclosed without Denver Water’s explicit written authorization.

Procurement Specialist: Emmett Crain

Email: Emmett.Crain@denverwater.org

Phone: 303-628-6790

Procurement Section, Administrative Services

REV 03/06/22

TABLE OF CONTENTS

SECTION 1: STATEMENT OF WORK

1.1 PURPOSE

1.2 BACKGROUND

1.3 GOALS

1.4 OBJECTIVES

1.5 TIMELINE

1.6 SCOPE

SECTION 2: GENERAL INFORMATION

2.1 SOLICITATION INTRODUCTION

2.2 INTRODUCTION TO DENVER WATER

2.3 SOLICITATION DOCUMENTS AND ADDENDA

2.4 ADDENDA

2.5 PROPOSAL PREPARATION COST

2.6 ACCEPTANCE

2.7 WITHDRAWAL OR MODIFICATION OF PROPOSALS

2.8 RIGHT TO REJECT PROPOSALS

2.9 RIGHT TO NEGOTIATE

2.10 SAMPLE AGREEMENT

2.11 AGREEMENT TERM

2.12 AGREEMENT PRICING

2.13 SUPPLIER DIVERSITY PROGRAM

2.14 ENVIRONMENTAL COMPLIANCE

2.15 INSURANCE REQUIREMENTS

2.16 PERSONNEL SCREENING

2.17 NON-DISCLOSURE AGREEMENT

SECTION 3 – INSTRUCTIONS FOR RESPONDING TO RFP

3.1 REQUESTS FOR CLARIFICATION AND ADDITIONAL INFORMATION

3.2 PRE-PROPOSAL CONFERENCE / SITE INSPECTION

3.3 PROPOSAL SUBMISSION FORMAT

3.4 DESIGNATION OF ANY PROPRIETARY AND CONFIDENTIAL INFORMATION

3.5 ALTERNATE PROPOSALS

SECTION 4 – EVALUATION AND SELECTION PROCESS

4.1 AGREEMENT REQUIRED

4.2 EVALUATION AND SELECTION PROCESS

4.3 INTERVIEWS/SHORT LIST/SITE VISITS/PRESENTATIONS

EXHIBIT A: SAMPLE AGREEMENT

EXHIBIT B – PROPOSAL

SECTION 1: STATEMENT OF WORK

1.1 PURPOSE

Denver Water is seeking Proposals for the management of Colorado noxious weeds. Denver Water is seeking

Proposals from qualified contractors who can provide services in all designated areas; however, it is understood that this may not be feasible. For this reason, the services are divided into six Schedules that are grouped by general area or region. Proposers may submit a Proposal for one Schedule, a combination of Schedules, or all

Schedules.

• Schedule 1: Weed Mitigation – SOS North Locations: Including but not limited to spraying, and re-seeding of disturbed areas from damage caused by weed mitigation.

• Schedule 2: Weed Mitigation – SOS South Locations: Including but not limited to spraying and re-seeding of disturbed areas from damage caused by weed mitigation.

• Schedule 3: Weed Mitigation – SOS East Locations: Including but not limited to spraying and re-seeding of disturbed areas from damage caused by weed mitigation.

• Schedule 4: Weed Mitigation – Recreation Locations: Including but not limited to spraying and re-seeding of disturbed areas from damage caused by weed mitigation.

• Schedule 5: Weed Mitigation – Denver Metro Area Locations: Including but not limited to spraying and re-seeding of disturbed areas from damage caused by weed mitigation.

• Schedule 6: Weed Mitigation – High Line Canal: Including but not limited to spraying and re-seeding of disturbed areas from damage caused by weed mitigation.

1.2 BACKGROUND

Denver Water is a municipal corporation and a political subdivision of the State of Colorado, under the control of a

Board appointed by the Mayor of Denver. As such, it is governed by the Denver Charter and other laws applicable to governmental entities. The Denver Charter grants the Board all the powers of the City and County of Denver, including those granted by the Constitution and by the law of the State of Colorado and by the Charter.

Specifically, the Charter gives the Board complete charge and control of a water works system and plant for supplying the City and County of Denver and its inhabitants with water for all uses and purposes. It is the largest municipal public utility in Colorado, serving water to more than 1.4 million people.

In order to fulfill its mission to provide customers with high quality water and excellent service through responsible and creative stewardship of the assets managed, Denver Water owns and operates a myriad of resources throughout its service area, which extends into Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, Elbert, and Jefferson counties. These resources include, but are not limited to, reservoirs, water treatment plants, pump and decentralization stations, and various recreation areas. See Exhibit D for a high-level overview of Denver

Water’s service area.

To maintain its assets, Denver Water requires the spraying and management of weeds at various locations from approximately May through November of each year (exact weed mitigation schedules will vary depending on location) throughout the Denver Water collection system, which extends into more than eight counties, including

Park, Grand, Jefferson, Summit, Teller, Douglas, Clear Creek and Gilpin counties. See Exhibit O for a high-level overview of Denver Water’s collection system.

Weed mitigation services for the area designated in Schedule 6 (High Line Canal) is currently Denver Water’s responsibility. However, Denver Water’s responsibility will end on December 31, 2026, with the exception of

Sections 6a and 7a described in Exhibit M. These areas will require weed mitigation services continued through the end of the Agreement period.

1.3 GOALS

Denver Water’s goal is to contract with qualified contractor(s) that provide comprehensive weed mitigation services as described in this RFP. This may be achieved through a single contractor or multiple contractors.

1.4 OBJECTIVES

The objective of this RFP is to have Denver Water properties and facilities successfully mitigated of all Colorado

Noxious Weeds. Interested vendors can submit a response (Proposal) for one or any combination of the

Schedules of work.

1.5 TIMELINE

Denver Water seeks to conclude its competitive selection process in Fall of 2024, with agreement(s) in place May

1, 2025, and services to begin shortly thereafter.

1.6 SCOPE

A. Minimum Qualifications: Proposer must possess the following certifications and/or licenses for the application of pesticides:

• Colorado Department of Agriculture (“CDA”) Commercial Pesticide Applicator Qualified Supervisor

(“QS”)

• CDA Commercial Pesticide Applicator Certified Operators (“CO”)

B. All Schedules: The following responsibilities apply to all Schedules of weed mitigation work. The selected

Proposer (“Contractor”) shall:

• Provide all transportation, equipment, labor and materials necessary to perform weed spraying and mitigation at all locations specified in Exhibits H, I, J, K, L, M, and N;

• Develop, with Denver Water’s input, an appropriate Weed Management Plan (“Plan”) that details how

Contractor will successfully monitor and control weeds at applicable locations specified in Exhibits H, I, J, K, L, M, and N. Contractor must submit the Plan to Denver Water’s Contract Administrator, or their designee, for approval before proceeding with the Plan. The Plan shall include at a minimum, by location or site, as appropriate:

o Proposed chemicals and where to be applied o Time (hours) required to complete the chemical application o Schedule (frequency, dates, etc.) for chemical application

• Provide a Qualified Supervisor or Certified Operator, properly licensed through the Colorado

Department of Agriculture, to perform all pesticide application.

• Have knowledge of FERC and/or county-specific weed mitigation requirements as applicable by

Schedule.

• Spray at all locations listed in Exhibits H, I, J, K, L, M, and N, in addition to the re-seeding of disturbed areas;

• Clean up and properly dispose of all debris resulting from the work performed;

• Perform the work in accordance with the applicable Integrated Pest Management Guidelines, the

Colorado Department of Agriculture’s rules and regulations for pesticide application, as well as Denver

Water’s Herbicide Application Policy, to be provided to the Contractor upon execution of an agreement;

• Follow all Denver Water standard operating procedures, to be provided by Denver Water to the

Contractor upon execution of an agreement;

• Dispose of all leftover chemicals and “hazardous materials” (including packages, containers, aerosol cans, etc.) according the State of Colorado regulations. Under no circumstances shall chemicals be stored or disposed of on Denver Water property;

• Apply all chemicals according to the manufacturer’s directions, by authorized, trained (and certified, as required) personnel. Contracted application must be preceded by submission of proper records including personnel certifications.

• Follow all Denver Water safety standards and shall wear appropriate PPE at all times while performing the weed mitigation work.

C. Schedule 1: Weed Mitigation - SOS North Locations. The Contractor shall perform the following tasks for

Schedule 1, including but not limited to, spraying and re-seeding of disturbed areas from damage caused by weed mitigation in areas including Summit County, Grand County, Clear Creek County and the Winter Park area, as further specified in Exhibit H.

a) Utilize targeted pesticide chemical application as the practice for performing the work. All chemicals used must be approved in writing by Denver Water prior to use.

b) Not perform the work within fifty (50) feet of the high-water mark, unless given prior written approval by

Denver Water.

c) In areas adjacent to residential properties, the Contractor shall take all necessary measures to limit exposure to individuals listed on the Colorado Department of Agriculture’s Pesticide Sensitive Persons

Registry.

d) Follow all Denver Water safety standards while performing the Work and wear appropriate Personal

Protective Equipment (“PPE”) at all times.

e) Properly mark all treated areas in accordance with state, local and federal guidelines for Commercial

Applicators.

f) Provide accurate weed species identification. Weed identification is provided in Exhibit E.

g) Track with GPS all chemical types, amounts applied, and locations applied in the electronic application provided by Denver Water. Contractor may utilize another application that accomplishes these requirements only with Denver Water’s prior written approval.

h) Coordinate all work with and report to Denver Water’s designated Schedule 1 contact, or other individual as designated in writing.

D. Schedule 2: Weed Mitigation - SOS South Locations. The Contractor shall perform the following tasks including but not limited to spraying and re-seeding of disturbed areas from damage caused by weed mitigation for Schedule 2 in areas including Park County and Jefferson County, as further specified in Exhibit I.

a) Utilize targeted pesticide chemical application as the practice for performing the work. All chemicals used must be approved in writing by Denver Water prior to use.

b) Not perform the work within fifty (50) feet of the high-water mark, unless given prior written approval by

Denver Water.

c) In areas adjacent to residential properties, the Contractor shall take all necessary measures to limit exposure to individuals listed on the Colorado Department of Agriculture’s Pesticide Sensitive Persons

Registry.

d) Properly mark all treated areas in accordance with state, local and federal guidelines for Commercial

Applicators.

e) Provide accurate weed species identification. Weed identification is provided in Exhibit E.

f) Track with GPS all chemical types, amounts applied, and locations applied in the electronic application provided by Denver Water. Contractor may utilize another application that accomplishes these requirements only with Denver Water’s prior written approval.

g) Coordinate all work with and report to Denver Water’s designated Schedule 2 contact, or other

E. Schedule 3: Weed Mitigation - SOS East Locations. The Contractor shall perform the following tasks, including but not limited to, spraying and re-seeding of disturbed areas from damage caused by weed mitigation for Schedule 3 in areas including, Adams, Jefferson, and Weld County, as further specified in Exhibit J.

a) Utilize targeted pesticide chemical application as the practice for performing the work. All chemicals used must be approved in writing by Denver Water prior to use .

b) Not perform the work within fifty (50) feet of the high-water mark, unless given prior written approval by

Denver Water.

c) In areas adjacent to residential properties, the Contractor shall take all necessary measures to limit exposure to individuals listed on the Colorado Department of Agriculture’s Pesticide Sensitive Persons

Registry.

d) Properly mark all treated areas in accordance with state, local and federal guidelines for Commercial

Applicators.

e) Provide accurate weed species identification. Weed identification is provided in Exhibit E.

f) Track with GPS all chemical types, amounts applied, and locations applied in the electronic application provided by Denver Water. Contractor may utilize another application that accomplishes these requirements only with Denver Water’s prior written approval.

g) Coordinate all work with and report to Denver Water’s designated Schedule 3 contact, or other

F. Schedule 4: Weed Mitigation – Recreation Area Locations. The Contractor shall perform the following tasks, including but not limited to, spraying and re-seeding of disturbed areas from damage caused by weed mitigation for Schedule 4. Areas that consist of the Recreation locations include the following municipalities: Arapahoe

County, City and County of Denver, City of Lakewood, City of Greenwood Village, City of Centennial, City of

Cherry Hills Village, City of Commerce City, Douglas County, Jefferson County, City of Wheat Ridge, City of

Englewood, City of Littleton, City of Henderson, City of Edgewater and City of Sheridan, as further specified in

Exhibit K. The Board reserves the right to adjust these boundaries if it is in the best interest of the Board.

a) Develop an appropriate Weed Management Plan (“Plan”) to successfully monitor and control weeds at the Bob Taylor Eco Area, Denver Water properties along the South Platte, and Platte Canyon

Reservoir. Contractor shall monitor and spray all A- & B- listed noxious weeds in Waterton Canyon, South Platte properties per the Colorado Department of Agriculture’s Noxious Weed Species.

b) Utilize targeted pesticide chemical application as the practice for performing the Work. All chemicals used must be approved in writing by Denver Water prior to use.

c) Prior to the start of the work, Contractor must obtain written approval of the Plan by the Contract

Administrator or their designee;

d) Provide a Plan that delivers methods for determining proper application timing to ensure maximum results;

e) Complete work in accordance with the schedule specified in the Plan;

f) GPS all areas sprayed and shall complete a Pesticide Applicator’s Form. Contractor must submit all

GPS data and forms to Denver Water’s Contract Administrator or their designee;

g) Establish schedules for work to be performed at each site. All schedules must be reviewed and approved in writing by Denver Water’s Contract Administrator or their designee;

h) Notify the Contract Administrator or their designee in writing of all changes to the approved schedules;

i) Complete all work according to the schedule specified in the Plan;

j) On occasion, Denver Water may request unplanned work. Contractor shall complete the unplanned work within three (3) business days of request from Contract Administrator or designee for all locations specified in Schedule 4, or else by a mutually agreed-upon completion date .

k) Pause the work when recreation users, or any member of the public is nearby. Contractor may resume the work when it is safe to do so.

l) Coordinate all work in Recreation areas with and report to Denver Water’s designated Schedule 4 contact, or other individual as designated in writing.

G. Schedule 5: Weed Mitigation – Denver Metro Area Locations. The Contractor shall perform the following tasks including but not limited to spraying and re-seeding of disturbed areas from damage caused by weed mitigation for Schedule 5. Areas that consist of the Denver Metropolitan Area include the following municipalities’:

City and County of Denver, City of Lakewood, City of Greenwood Village, City of Centennial, City of Cherry Hills

Village, City of Commerce City, Jefferson County, Arapahoe County, City of Wheat Ridge, City of Englewood, City of Littleton, City of Henderson, City of Edgewater and City of Sheridan, as further specified in Exhibits L and

N. The Board reserves the right to adjust these boundaries if it is in the best interest of the Board.

a) SCHEDULE 5 – RECREATION AREAS:

i. Prior to the start of the work, Contractor must obtain written approval of the Plan by the

Contract Administrator or their designee;

ii. The Plan shall provide methods for determining proper application timing to ensure maximum results;

iii. The Contractor should utilize targeted pesticide chemical application as the practice for performing the work. All chemicals used must be approved in writing by Denver Water prior to use;

iv. The Contractor must establish schedules for work to be performed at each site specified in

Exhibits L and N. All schedules must be reviewed and approved by Denver Water’s

Contract Administrator or their designee;

v. Complete work in accordance with the schedule specified in the Plan ;

vi. On occasion, Denver Water may request unplanned work. Contractor shall complete the unplanned work within three (3) business days of request from Contract Administrator or their designee for all locations specified in Schedule 5, or else by a mutually agreed-upon completion date;

vii. The Contractor shall pause the work when recreation users, or any member of the public is nearby. Contractor may resume the work when it is safe to do so;

viii. In areas adjacent to residential properties, the Contractor shall take all necessary measures to limit exposure to individuals listed on the Colorado Department of Agriculture’s Pesticide

Sensitive Persons Registry;

ix. Coordinate all work in Recreation areas with and report to Denver Water’s designated contact, or other individual as designated in writing.

b) SCHEDULE 5 – DENVER WATER MAIN ADMINISTRATION CAMPUS:

i. Scout out all areas prior to spraying to:

• Identify any unforeseen obstacles

• Identify weeds to ensure herbicide choices are appropriate for the best weed control.

ii. Spray, mulch, and hand pull weeds and re-seed disturbed areas;

iii. If work is ongoing for several days or more at a particular site, the Contractor will evaluate its spray work after 10 to 14 days to ensure targeted weeds are curling and/or yellowing;

iv. Add surfactants in the herbicide mixes for a greater control and to reduce spray mist prior to herbicide applications are initiated;

v. If work will be primarily spot spraying with a hose and handgun, the Contractor will add marking dye to the spray mix to avoid missing weeds and re-spraying the same weeds;

vi. Inspect and decontaminate all equipment prior to traveling on and off-site, ensuring that the exterior of vehicles and equipment are free of debris. Inspect all areas in which soil or weed debris may exist; blind areas such as undercarriage, around brake drums and similar locations.

vii. Coordinate all work for Denver Water’s Main Administration Campus with and report to Denver

Water’s designated contact, or other individual as designated in writing

c) SCHEDULE 5 – DECENTRALIZATION/PUMP STATIONS AND WATER TREATMENT PLANTS:

i. Develop an appropriate Weed Management Plan (“Plan”) to successfully monitor and control weeds;

ii. Contractor must be escorted by a Denver Water employee when performing the work;

iii. Work will be completed within Denver Water’s regular business hours of Monday through

Friday from 8:00 A.M. to 5:00 P.M.;

iv. Not perform the work within fifty (50) feet of the high-water mark, unless given prior written approval by Denver Water.

v. Pesticide applications at Water Treatment Plants shall be made only by individuals with

Qualified Supervisor or Certified Operator designation;

vi. Contractor shall complete work within five (5) business days of request from Contract

Administrator or designee for all Decentralization Station, Pump Station, and Water Treatment

Plant locations due to air vents and other sensitive equipment that must be covered or protected from herbicide and pesticide applications;

vii. Should weather conditions cause a delay in the work, the Contractor shall advise Denver

Water’s Contract Administrator or designee on its options and re-schedule the work prior to the scheduled date;

viii. Contractor shall notify the applicable Water Treatment Plant at least 72 hours in advance of weed spraying work to be completed.

ix. As-needed spraying and maintenance of grounds, upon request by Denver Water.

x. Coordinate all work for Decentralization Stations, Pump Stations, and Water Treatment Plants with and report to Denver Water’s designated contact, or other individual as designated in writing.

H. Schedule 6: Weed Mitigation – High Line Canal Locations. The Contractor shall perform the following tasks including but not limited to spraying and re-seeding of disturbed areas from damage caused by weed mitigation for Schedule 6. Areas that consist of the High Line Canal include the following municipalities: Arapahoe County, City and County of Denver, City of Lakewood, City of Greenwood Village, City of Centennial, City of Cherry Hills

Village, City of Commerce City, Douglas County, Jefferson County, City of Wheat Ridge, City of Englewood, City of Littleton, City of Henderson, City of Edgewater and City of Sheridan. Schedule 6 includes the areas on and adjacent to the High Line Canal. Areas exempt from Schedule 6 are highlighted in Exhibit M. The Board reserves the right to adjust these boundaries if it is in the best interest of the Board.

a) Develop an appropriate Weed Management Plan (“Plan”) to successfully monitor and control weeds

b) Scout out all areas prior to spraying to:

i. Identify any unforeseen obstacles

ii. Identify weeds to ensure herbicide choices are appropriate for the best weed control

c) Spray, mulch, and hand pull weeds and re-seed disturbed areas;

d) If work is ongoing for several days or more at a particular site, the Contractor will evaluate its spray work after 10 to 14 days to ensure targeted weeds are curling and/or yellowing;

e) Add surfactants in the herbicide mixes for a greater control and to reduce spray mist prior to herbicide applications are initiated;

f) If work will be primarily spot spraying with a hose and handgun, the Contractor will add marking dye to the spray mix to avoid missing weeds and re-spraying the same weeds;

g) Inspect and decontaminate all equipment prior to traveling on and off-site, ensuring that the exterior of vehicles and equipment are free of debris. Inspect all areas in which soil or weed debris may exist;

blind areas such as undercarriage, around brake drums and similar locations.

Coordinate all Recreation (High Line Canal) work with and report to Denver Water’s designated contact, or other individual as designated in writing.

I. Price Adjustments:

a) Prices under any resulting agreement are to be firm and fixed for the first 12 months;

b) After the first 12 months, the Contractor must submit requests for price increases or decreases to

Denver Water with appropriate documentation at least 60 days prior to the end of the next (12) month period. Requests for price increases or decreases not received at least 60 days prior to the next applicable period will not be approved and prices will remain the same for the next period;

c) Denver Water and the Contractor will make reasonable efforts to mutually agree on the format and methodology of documented price adjustments; and Denver Water’s rejection of any price adjustment shall be considered grounds for termination of the contract.

SECTION 2: GENERAL INFORMATION

2.1 SOLICITATION INTRODUCTION

The City and County of Denver, acting by and through its Board of Water Commissioners (also “Denver Water” and “the Board”), is issuing this Request for Proposal (“RFP”). The Board is seeking Proposals from qualified Proposers who have specific experience in the area(s) identified in this RFP. To be eligible for consideration, the Proposer must be capable of meeting all requirements specified in this RFP.

2.2 INTRODUCTION TO DENVER WATER

Denver Water is a municipal corporation and a political subdivision of the State of Colorado, under the control of a five-member Board appointed by the Mayor of Denver. As such, it is governed by the Denver Charter and other laws applicable to governmental entities. The Denver Charter grants the Board all the powers of the City and County of Denver including those granted by the Constitution and by the law of the State of Colorado and by the Charter.

Specifically, the Charter gives the Board complete charge and control of a water works system and plant for supplying the City and County of Denver and its inhabitants with water for all uses and purposes. It is the largest municipal public utility in Colorado, serving water to more than one million people, about one-quarter of the state’s population.

2.3 SOLICITATION DOCUMENTS AND ADDENDA

Potential Proposers should obtain all relevant documents pertaining to this solicitation and all issued addenda from the Rocky Mountain E-Purchasing System website at www.bidnetdirect.com/colorado.

2.4 ADDENDA

In the event it becomes necessary to revise, change, clarify, provide additional information about, and/or cancel this RFP, Denver Water will issue a written addendum. It is the sole responsibility of the Proposer to acknowledge all addenda in its Proposal.

2.5 PROPOSAL PREPARATION COST

Denver Water will not be responsible for any costs incurred by Proposers in the preparation of Proposals. All costs, including but not limited to printing, materials, travel and expenses, incurred in the preparation and submission of a Proposal must be borne solely by the Proposer.

2.6 ACCEPTANCE

By submitting a Proposal in response to this RFP, Proposer acknowledges that its Proposal is valid for a period of 180 calendar days from the Proposal due date.

2.7 WITHDRAWAL OR MODIFICATION OF PROPOSALS

Proposals may be withdrawn or modified by Proposers prior to the Proposal due date, but only upon written request.

After the Proposal due date, Denver Water will not return Proposals or other information supplied to Denver Water.

2.8 RIGHT TO REJECT PROPOSALS

The Board may choose to reject any or all Proposals, either in whole or in part, and to waive any formality in Proposals received, if deemed in the best interest of the Board. Basis for rejection may include but is not necessarily limited to the following:

• Any Proposal conditioned upon the Board’s acceptance of terms and conditions deemed by the Board to be unacceptable.

• Any Proposal from a Proposer who is in arrears to the City and County of Denver or the Board upon debt or contract, or who is a defaulter as surety or otherwise, upon any obligation to the City and County of Denver or the Board.

• Any Proposal from Proposers determined to be financially unable to perform the required work. This determination will be at Denver Water’s sole discretion and may be based upon analysis of the Proposer’s Certified Financial Statements, Dun and Bradstreet reports, and/or other requested financial information.

http://www.bidnetdirect.com/colorado

• Any Proposal received after the specified Proposal due date and time. Any Proposal so received may be returned to the Proposer unopened.

• Any Proposal that does not meet the requirements specified in this RFP and/or has been determined to be unsatisfactory, in whole or in part, by Denver Water in its sole discretion.

2.9 RIGHT TO NEGOTIATE

Denver Water may select one or more Proposals and may negotiate any and all elements of a Proposal, if deemed to be in the best interest of Denver Water.

2.10 SAMPLE AGREEMENT

The selected Proposer will be required to sign a Denver Water Agreement. A sample of this Agreement is attached as Exhibit A and is subject to Denver Water’s revision. Proposer must clearly mark any and all modifications and/or exceptions to the terms and conditions contained in this sample Agreement using Microsoft Word, with the Track Changes function enabled, and submit such modifications and/or exceptions with its Proposal as a separate section.

Denver Water reserves the right to reject the entire Proposal containing any modifications and/or exceptions to the terms and conditions contained in this sample Agreement.

2.11 AGREEMENT TERM

Denver Water expects the term of the resulting Agreement to be three (3) years, commencing on the date the Agreement is executed by the Board.

2.12 AGREEMENT PRICING

Pricing submitted with the Proposal must be as specified in Exhibit B: Proposal Response and may be incorporated in whole or in part into the resulting Agreement.

2.13 SUPPLIER DIVERSITY PROGRAM

The Board recognizes the desirability, need and importance to the City and County of Denver of encouraging the development of Small Business Enterprises (“SBEs”) and Minority- and Women-Owned Business Enterprises (“MWBEs”). The Proposer selected for award agrees to make a good faith effort to involve SBEs and MWBEs in the work if and when the opportunity arises.

2.14 ENVIRONMENTAL COMPLIANCE

Denver Water strives to adhere to all applicable environmental laws, regulations, and policies. In addition, it utilizes an Environmental Management System to monitor and improve its environmental performance. In the performance of the work, Consultant must comply with all applicable environmental laws, regulations, ordinances, specifications, reporting requirements, and any other relevant requirements.

2.15 INSURANCE REQUIREMENTS

The Board’s standard requirements for insurance coverage are described in the attached Exhibit A – Sample Agreement. The Board has the discretion to change these insurance requirements or accept alternative types of insurance if the Board deems such changes or alternatives to be sufficiently protective of its interest.

The selected Proposer will be required to maintain the required insurance in full force and effect during the entire term of the resulting Agreement. The selected Proposer must provide to the Board a certificate of insurance showing evidence of the required coverage and limits before work may commence.

2.16 PERSONNEL SCREENING

Due to the nature of the work to be performed, the selected Proposer will be subject to one of the personnel screening procedure options detailed in Exhibit A – Sample Agreement, depending on Proposer’s type of business, at the sole discretion of the Board. All expenses incurred in performing the required personnel screening will be the sole responsibility of the selected Proposer and must be completed prior to execution of the Agreement.

2.17 NON-DISCLOSURE AGREEMENT

Each Proposer must e-mail a signed copy of the attached Non-Disclosure Agreement to the Procurement Specialist by the date in the Schedule of Events. Any Proposer that does not sign and return the Non-Disclosure Agreement before this deadline will not be permitted to attend the pre-proposal meeting. The same authorized agent signing the Proposal must sign the Non-Disclosure Agreement on behalf of the Proposer. Denver Water will not provide any confidential information to any Proposer that does not return the signed Non-Disclosure Agreement.

SECTION 3 – INSTRUCTIONS FOR RESPONDING TO RFP

3.1 REQUESTS FOR CLARIFICATION AND ADDITIONAL INFORMATION

All requests for clarification or additional information must be made in writing to the Procurement Specialist at the e-mail address shown below:

Procurement Contact: Emmett Crain E-Mail: Emmett.Crain@denverwater.org Phone: 303-628-690

The Denver Water Procurement Contact listed above is the sole point of contact between Denver Water and all Proposers. Proposers may not contact any other Denver Water personnel regarding this RFP during the RFP process without prior written authorization of this Procurement Contact.

Responses to requests for clarification and additional information and/or changes to the RFP received before the deadline specified in the Schedule of Events will be made by written addendum. All responses to requests for clarification and additional information from any Proposer will be provided to all Proposers. Oral explanations, interpretations or representations given by Denver Water employees cannot be construed as a change to the RFP requirements.

3.2 PRE-PROPOSAL CONFERENCE / SITE INSPECTION

a. A NON-MANDATORY Pre-Proposal Conference will be conducted on the date(s) and time(s) specified on the Schedule of Events.

b. NON-MANDATORY Site Inspection will be conducted on the date(s) and time(s) specified on the Schedule of Events. Proposers will be responsible for verifying locations, conditions and sizes of Weed Mitigation areas that have available legal public access.

c. Proposers must RSVP via email to the Procurement Specialist and submit a signed Non-Disclosure Agreement (NDA) and a copy of the attendee’s Driver’s License, before the deadline specified in the Schedule of Events to be eligible to attend the Pre-Proposal Event. Late RSVPs and submittals will not be accepted. Proposers that fail to meet these requirements will not be permitted to participate in the Pre-Proposal Event.

d. Procurement Specialist will confirm Proposer attendance by e-mail and will provide location and/or conference call details for the Pre-Proposal Event after all of the submittal requirements listed above are met.

3.3 PROPOSAL SUBMISSION FORMAT

Proposer must submit response using the format attached to this RFP as Exhibit B: Proposal Response.

All copies of the Proposals should be provided to Denver Water via e-mail and addressed as indicated below. Denver Water will not be responsible for any Proposal not addressed as indicated below. Denver Water’s size limit for receiving e-mails is 35MB. If you are submitting documents or sending e-mails larger than 35MB, Proposer may split up its Proposal and send it via multiple e-mails to successfully submit all required documents. If Proposer intends to do this, indicate in the e-mail subject line the number of e-mails it is sending to the Denver Water recipient. Denver Water will not be responsible for any missing Proposal submission via e-mail. Proposals must be e-mailed to the point of contact listed in on the cover page of this RFP.

3.4 DESIGNATION OF ANY PROPRIETARY AND CONFIDENTIAL INFORMATION

Proposers acknowledge that Denver Water may be required to disclose any or all of the documents submitted with a Proposal, pursuant to the Colorado Open Records Act, C.R.S. § 24-72-201.1, et seq. Under C.R.S. § 24-72- 204(3)(a)(IV), Denver Water may deny inspection of any confidential commercial or financial information furnished to Denver Water by an outside party. Therefore, to aid Denver Water in determining what must be disclosed in response to a request for documents under the Colorado Open Records Act, the Proposal shall be submitted in the following manner.

Proposer must submit one (1) Proposal marked ‘ORIGINAL’. In addition, Proposer must submit one (1) second version of their Proposal, which clearly designates any sentences, pages or sections of the Proposal that the Proposer deems confidential or proprietary, and must include it as a separate file on the same e-mail, marked “REDACTED ORIGINAL”. The designation shall be made by stamping, typing, or writing the word “CONFIDENTIAL” in a conspicuous place on every page of the document that is confidential or proprietary. If only some portions of any document are confidential or proprietary, such designation shall be made by redacting those portions only. The Proposer’s designation must be reasonable or it will not be honored. For example, a Proposer may not designate the entire Proposal to be confidential and proprietary.

3.5 ALTERNATE PROPOSALS

Denver Water recognizes that there may be alternate arrangements or approaches to the requested work that may offer cost savings and/or additional benefits while still satisfying the requirements of this RFP. Accordingly, Proposers may submit alternate Proposals for Denver Water’s consideration that offer such cost savings and/or additional benefits. However, alternate Proposals must be identified as such, identify their benefits, and be in addition to the requested primary Proposal. The alternate Proposals will be evaluated in conjunction with the primary Proposal.

SECTION 4 – EVALUATION AND SELECTION PROCESS

4.1 AGREEMENT REQUIRED

This RFP is not a contractual offer. Any Proposer selected in response to this RFP will be required to execute an Agreement with Denver Water.

4.2 EVALUATION AND SELECTION PROCESS

Proposals will be evaluated by criteria described in this RFP. Proposals considered responsive will be evaluated for completeness of information provided, the Proposer’s adherence to RFP requirements, support for claims made, and the overall approach taken. Denver Water’s objective is to select the Proposal(s) judged to be in the best interest of Denver Water.

Proposals may be evaluated using criteria including but not limited to:

• Methodology/Approach

• Company Experience and Qualifications o Qualifications, Certifications and/or Licenses for the application of pesticides o Equipment and Facilities

• Service Level Agreement

• Staffing Plan

• Proposed pricing

• Professional References

• Environmental Compliance and Sustainability

• Safety

This list does not reflect or imply any weighting or relative importance of criteria. While price may be a consideration, the Board is not bound to accept the lowest-priced Proposal.

4.3 INTERVIEWS/SHORT LIST/SITE VISITS/PRESENTATIONS

Denver Water may request interviews, oral or visual presentations, site visits, demonstrations, and/or the opportunity to ask additional questions of Proposers as deemed necessary during the evaluation process. Denver Water may require additional information from Proposers after the Proposal due date as necessary to complete the evaluation process.

EXHIBIT A: SAMPLE AGREEMENT

(See attached PDF file titled Exhibit A: Sample Agreement)

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EXHIBIT B – PROPOSAL

(See attached Word Document, use this template to create and submit your proposal.)

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