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Request for Proposal (RFP)

RFP 26-002

District Wide Waste Fertilization Services – Spring and Fall

Cherry Creek School District No. 5 Strategic Sourcing Department 9150 East Union Avenue Greenwood Village, CO 80111

RFP 26-002 District Wide Waste Fertilization Services – Spring and Fall

RFP Number: 26-002

Title: District Wide Waste Fertilization Services – Spring and Fall

Solicitation Due Date: July 11, 2025 Time: 2:00 PM (MST)

Issuing Office: Cherry Creek School District No. 5 Attn: Strategic Sourcing 9150 E Union Avenue Greenwood Village, Co 80111 Strategicsourcing@cherrycreekschools.org

Suppliers must ensure that proposals are submitted to Rocky Mountain BidNet Direct by the above designated date and time.

Late Proposals will not be accepted nor evaluated.

Proposals that do not comply with the requirements of this RFP may be rejected.

Suppliers are encouraged to read the entire RFP prior to submitting a proposal. Cherry Creek School District (“CCSD” or “District”) reserves the right to make an award without discussions, based on initial proposals received; therefore, suppliers should ensure their best terms and pricing with initial proposals. Likewise, CCSD may conduct discussions with one, some, or all suppliers as determined, in their sole discretion, to be in the District’s best interests. CCSD further reserves the right to cancel this RFP and/or reject offers, without obligation, as determined in the best interest of the District.

Please be advised that electronic offers are now being accepted through BidNet Direct’s Electronic Bid Submittal (EBS). BidNet Direct’s EBS process is safe because bid responses are kept securely sealed until the close date has arrived, at which time only those with authorization can open and review submitted bids.

SUPPLIERS ARE ADVISED TO CAREFULLY READ THE ENTIRE SOLICITATION

PACKAGE PRIOR TO THE TELECONFERENCE EVENT AND/OR PROPOSAL

SUBMISSION.

General Information mailto:Strategicsourcing@cherrycreekschools.org

SECTION PAGE

GENERAL INFORMATION 2

TABLE OF CONTENTS 3

INTRODUCTION & BACKGROUND 4

INSTRUCTION TO SUPPLIERS 5

TERMS & CONDITIONS 7

PROPOSAL EVALUATION 15

PROPOSAL RESPONSE REQUIREMENTS 17

EXHIBIT A, SCOPE FO WORK/SCHEDULE OF ITEMS 19

TABLE OF CONTENTS

1.1 Introduction

This RFP is to solicit proposals from suppliers capable of satisfying the needs of the District as stated herein. This document provides information to assist suppliers in preparing their responses and facilitates the subsequent evaluation process. This RFP, and the selected proposal in response to this RFP, will be incorporated into the contract resulting from this solicitation, provided, however, that the contract may contain terms different from, or in addition to, this RFP.

1.2 Summary of Project Objective

Cherry Creek School District is seeking proposals from qualified, experienced, and licensed vendors to provide fertilization services for school grounds throughout the district for the Spring and Fall seasons

1.3 About Cherry Creek School District No. 5

The District is one of the highest-achieving school districts in the State. Our Vision, Mission, and Values describe the culture of the District, who we are, what we believe, and how we go about providing an excellent education for the children of Cherry Creek.

CCSD is located in the Southeast Metropolitan Denver area. We educate more than 53,000 children and serve over 300,000 residents in 108 square miles spread across eight (8) municipalities, including Cherry Hills Village, Glendale, Foxfield, as well as portions of Aurora, Centennial, Greenwood Village, Englewood, and Denver. There are presently eight High Schools, eleven (11) Middle schools, and forty-three (43) Elementary schools, as well as one

(1) Magnet and two (2) Charter schools. To learn more about CCSD, please visit www.cherrycreekschools.org.

The Remainder of This Page is Intentionally Left Blank

1.0 Introduction and Background

http://www.cherrycreekschools.org/

2.1 Schedule of Events

The following RFP Schedule of Events represents the best estimate of the schedule the District will follow, which is subject to change at the District’s discretion. The District has performed extensive planning work and plans to meet the dates described below. The District reserves the right to add or delete events as may be necessary.

Event Date RFP Posted on BidNet (https://www.bidnetdirect.com/)

Tuesday June 24, 2025

Written Inquiry Deadline Monday July 7, 2025 @ 2:00 PM MST Response to Written Inquiries Tuesday July 8, 2025 Estimated RFP Due Date Friday July 11, 2025 @ 2:00 PM MST

2.2 Administrative Information

a) During the Solicitation process, all official communication with suppliers will be via the Rocky Mountain E-Purchasing System (BidNet) at Https://www.BidNetdirect.com/colorado unless otherwise specified. Notices may include RFP amendments, questions and answers, clarifications to requirements, and award announcements. It is incumbent upon suppliers to monitor BidNet for any such notices.

b) CCSD is requesting firm proposals for the items and/or services described herein. All proposals must be clear, concise, accurate, and legible so that there is no doubt as to the intent and scope of the proposal. Proposals must be uploaded and submitted through Rocky Mountain E-Purchasing (BidNet) EBS portal by or before the due date and time. Please ensure that your submission is complete and accurate, and includes all proposal content, descriptions, pricing and signatures.

c) Late Offers. Offers received after the date and time set for the opening may be considered non-responsive and returned to the Supplier.

d) Proposals may be withdrawn, in writing, at any time prior to the time and date set for receipt.

e) In accordance with the Uniform Commercial Code, offers may not be withdrawn after the time and date set for the opening for a period of 90 calendar days. If an offer is withdrawn by the Supplier during this 90 day period, the District may, at its option, suspend the Supplier from the bid List and May not Accept any offer from the Supplier for a six (6) month period following the withdrawal.

f) Do not upload Zip Files to Rocky Mountain Bidnet and keep file names shorter than 250 characters.

2.0 Instructions to Suppliers

https://www.bidnetdirect.com/ https://www.bidnetdirect.com/colorado

2.3 Proprietary/Confidential Information

Any restrictions of the use or inspection of material contained within the proposal shall be clearly stated in the proposal itself. Written requests for confidentiality shall be submitted by the supplier with the proposal. The supplier must state specifically what elements of the proposal are to be considered confidential/proprietary and must state the statutory basis for the request under the Public (open) Records Act. (Section 24-72-201 et seq., C.R.S).

Confidential/Proprietary information must be readily identified/marked. Neither a proposal in its entirety, nor price information will be considered confidential and proprietary. Any information that will be included in any resulting contract cannot be considered confidential and/or proprietary.

Supplier acknowledges that they may come into contact with confidential information contained in the records or files of the District in Connection with any resulting contract or in connection with the performance of its obligations under any resulting contract. The successful supplier shall keep such records and information confidential and shall comply with all laws and regulations concerning the confidentiality of such records to the same extent as such records to the same extent as such laws and regulations apply to the District. The successful supplier shall notify its employees that they are subject to the confidentiality requirements as set forth above and shall provide each employee with a written explanation of the confidentiality requirements before the employee is permitted access to confidential data. Successful supplier(s) shall provide and maintain a secure environment that ensures confidentiality. The confidentiality of all information will be respected, and no confidential information shall be distributed or sold to any third party nor used by the successful supplier(s) or its assignees and/or subcontractors in any way except as authorized by any resultant award. Confidential information shall not be retained in any files or otherwise by the successful supplier(s).

2.4 All proposals must be valid for a minimum of 365 calendar days from the date proposals are due unless otherwise stated in the proposal. All responses and accompanying documentation will become the property of the District at the time proposals are open.

2.5 CCSD reserves the right to award without discussions or to conduct discussions with one, some, or all suppliers as it deems in its best interests.

2.6 Any person, firm, corporation, or association submitting a proposal shall be deemed to have read and understood all the terms, conditions, and requirements in the RRP.

2.7 CCSD reserves the right to cancel this RFP in whole or in part, at any time, without penalty.

2.8 Suppliers may make written inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities, and NO phone calls will be accepted.

The District requires that all inquiries be sent through BidNet, responses to inquiries may be published as an amendment on BidNet in accordance with the Schedule of Activities. Suppliers should not rely on any other statements, either written or oral, that alter any specification or other term or condition of the RFP during the open solicitation period. Suppliers should not contact any other District office or individual regarding this RFP. Suppliers are responsible for monitoring BidNet for amendments/modifications of this RFP. Suppliers are required to acknowledge receipt of all amendments in the cover letter of their proposal.

2.9 A Pre-proposal conference may be held in accordance with the Schedule of Events. While the conference, if held, is not mandatory, participation is highly encouraged. The format of the conference will be an overview of the RFP. Following the overview, suppliers will be able to ask questions related to the RFP or the overall process. The District will attempt to answer all questions at that time, but answers provided shall not be binding. Following the conference, the District may post questions and answers on BidNet.

3.0 All participating suppliers, by submitting a proposal, agree to comply with all of the conditions, requirements, and instructions of this RFO as stated or implied herein. Any exceptions may render a proposal non-responsive, at the sole discretion of the District. All costs related to the preparation of the proposal, incurred by the supplier, shall be the sole responsibility of the supplier.

3.1 The issuance and approval of this document does not constitute an obligation against the District. This is an agreement that the name supplier shall sell to the District during the contract period, the goods, wares, merchandise, or services at the unit prices indicated, based upon subsequent encumbrance documents and/or contract(s) issued by the District.

3.2 CCSD is tax-exempt for Federal taxes under chapter 32 of the Internal Revenue code (Certificate #98-02138) and from all City and State sales and use taxes (see CRS section 39-26- 114).

3.3 The supplier acknowledges that the District is a public entity subject to the Colorado Open Records Act, §24-72-201, et. Seq., C.R.S (“CORA”). Consequently, the proposal, including any accompanying information/documentation that the supplier submits in conjunction therewith is presumptively public records available for public review under CORA, unless the information/documentation is clearly marked as “trade secrets, privileged or confidential commercial information.” The District initially will withhold any information/documentation marked as such from public review until the District given the supplier notice of any request for review. The supplier will have 48 hours in which to advise the District whether it wants the District to retain the information/documentation from public review. If so, the supplier will set forth, in writing, the legal reasons that it believes the information/documentation is not subject to public review under CORA. If the District decides not to produce the documents for public review, the supplier will indemnify and hold the District harmless from any liability and cost,

3.0 Terms and Conditions

including attorney’s fees, which may ensue in the event of litigation. The District will have the further right to retain its own legal counsel to defend any claims under CORA for which the supplier will reimburse the District its reasonable attorney’s fees and costs occasioned therewith.

3.4 F.O.B Destination.

All suppliers shall quote prices based on F.O.B destination, freight prepaid. Accordingly, the unit cost of each item bid shall include handling, shipping, and freight charges. Suppliers shall hold title to the goods until they are delivered to and accepted by an authorized District representative.

3.5 In the event that any gratuities or kickbacks are offered or tendered to any District employee or a subcontractor as inducement for award of a subcontract or order, the supplier’s proposal shall be disqualified, or award terminated, and shall not be reinstated.

3.6 No Proposal shall be accepted from, nor any purchase order/contract be awarded, to any supplier that is in arrears upon any obligations to the District, or that otherwise may be deemed irresponsible or unreliable.

3.7 The supplier shall not employ, retain, hire, or use any individual that has been convicted of any felony charges as the same defined under the laws of the State of Colorado in the performance of the services to the rendered and materials to be provided to the District pursuant to this proposal unless the supplier receives prior written permission.

3.8 The District shall have the right to cancel this agreement if funds are not allotted for the next fiscal year to continue this service and/or if the District no longer requires the supplies/services. CCSD may also terminate any agreement or contract for its convenience if it determines it in the District’s best interests. The District may effect such cancellation by giving the supplier written notice of its intention to cancel not less than 30-days prior to the end of the then current award period. If terminated for convenience, the District will be liable only for supplies delivered or services performed up and to the date of termination.

3.9 By Submission of a proposal, the supplier certifies that the proposal has been arrived at independently and submitted without collusion with any other supplier, and that the contents of the proposal have not been communicated to any person not an employee or agent of the supplier or its surety on any bound furnished herewith, and will not be communicated to any person prior to the official opening of the proposal.

3.10 The apparent silence of any specification and any supplemental specifications as to any details or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship is to be first quality. All interpretations of the specification shall be made upon the basis of this statement.

3.11 The District reserves the right to reject any and all proposals or parts thereof. The District further reserves the right to accept a proposal other than the lowest proposal, which proposal in all other respects complies with the RFP, provided that the sole judgement and discretion of the District, the item offered at the higher cost has additional value or function, including but not limited to life cycle costing, product performance, quality of workmanship, suitability for a particular purpose, delivery dates, availability of item, or other such values or functions which justify a difference in price.

3.12 Termination. CCSD reserves the right to terminate all or part of any resultant contract with or without cause by giving the contractor at least a 30-day notice. Any monies that have been paid for in advance shall be prorated to the date of termination and refunded to the District.

Nothing herein shall be construed as giving the contractor the right to perform the services contemplated under this agreement beyond the time when such services become unsatisfactory to the District. In the event that the supplier shall be discharged before all the services contemplated hereunder have been completed, or the services are for any reason terminated, stopped or discontinued because of the inability of the supplier to serve under this agreement, the District shall only pay for the portion of the work which shall have been satisfactorily completed at the time of termination.

3.13 The initial award term shall not exceed one year. The District reserves the right to renew and extend the executed contract agreement pertaining to all prices, terms, conditions and specifications upon mutual written agreement between the District and successful suppliers(s) for up to four (4) additional one-year periods. The total term of the award shall not exceed five

(5) years unless determined, by the District, to be in its best interests.

3.14 The venue for legal action regarding or arising out of the transaction covered herein shall be solely in the District court in and for Arapahoe County, State of Colorado. The laws of the State of Colorado shall govern this transaction.

3.15 Indemnification

The supplier agrees to indemnify and hold harmless CCSD, its agents, Board of Education, and employees from and against all liability, claims and demands, on account of injury, loss, or damage, including without limitations claims arising from bodily injury, personal injury sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the supplier, any subcontractor of the supplier (at any tier), or any officer, employee, representative, or agent of the supplier or which arise out of any workman’s compensation claim of any employee of the contractor or of any employee of any subcontractor of the contractor. The supplier agrees to investigate, handle, respond to, and provide defense for and defend against, any such liability, claims, or demands at the sole expense of the supplier. The supplier also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims or demands alleged are groundless, false, or fraudulent.

3.16 Insurance

The successful supplier agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the supplier pursuant to the indemnification section of this RFP within fifteen (15) days of the effective date of the agreement. The District shall have no responsibility or liability for such insurance coverage. The supplier shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to the indemnification section of this proposal by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. The successful supplier(s) shall procure and maintain, and shall cause any subcontractor of the supplier to procure and maintain, the minimum insurance coverage’s listed below. Such coverage’s shall be procured and maintained with insurers on forms acceptable to CCSD. Insurance certificates shall name CCSD as an additional insured on the policies of insurance required. The Insurance shall be issued by companies that have a rating of A-, Class VII or better in the most recently published edition of Best’s Reports.

All Coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the contractor pursuant to the indemnification section of the proposal.

In the case of any claims made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Coverage required includes:

(a) Workmen’s compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract.

(b) Commercial general liability (including contractual liability covering the indemnification in paragraph 2 above) with limits not less than $1,000,000 combined single limits per occurrence for bodily injury and property damage; and $2,000,000 aggregate.

(c) Comprehensive automobile liability insurance with minimum limits of $1,000,000 combined single limits per occurrence for bodily injury and property damage insuring each of contractor’s owned, hired or non-owned vehicles assigned to or used in performance of the services.

The supplier shall provide a certificate of insurance (COI) to be completed by the supplier’s agent/broker as evidence that the policies providing the providing the required coverage’s are in full force and effect. The certificate shall indemnify this contract and shall provide that the coverage’s afforded under the policies shall not be canceled, terminated or materially changed until at least 30 days prior written notice has been given to the issuing office.

3.17 The successful supplier, whether under separate contract or not, shall not assign any part of whole of this offer, contract, or agreement to another party, subcontractor, or company nor shall they assign any money due or to become due hereunder, without the previous written consent of the District.

3.18 Warranty of Supplies

If applicable (supply contract), the supplier certifies and warrants for a period no less than one year from date of acceptance, all supplies furnished under the award will be free from defects in material or workmanship and will conform to all requirements of this contract. The successful supplier agrees to replace any necessary supplies, parts, etc., at no charge to the District. Any supplies replaced will begin a new warranty period upon acceptance by the District.

3.19 Warranty of Services

If applicable (service contract) acceptance, as used herein, means the act of an authorized representative of CCSD by which CCSD assumes for itself, ownership or approves specific services as partial or complete performance of the contract. Notwithstanding inspection and acceptance by CCSD or any provision concerning the conclusiveness thereof, the successful supplier warrants that all services performed under this contract will, at time of acceptance, be free from defects in workmanship and conform to the requirements of this contract, express or implied. If any services are found to not conform, the successful supplier refuses, fails, or cannot re-perform, at no additional cost to the District. If the successful supplier refuses, fails, or cannot re-perform, CCSD may choose to correct or replace with similar services and/or commodities and charge the cost to the successful supplier and/or make an equitable adjustment in the contract price. If the District does not require correction or re-performance, the District will make and equitable adjustment in contract price.

3.20 The items on this proposal will be provided on a supplier furnish and install basis unless otherwise indicated. The successful supplier will have the complete responsibility for the items or system until acceptance by the District. Any special installation preparation and requirements will be submitted to the District with the initial proposal.

All transportation and coordination arrangements will be the responsibility of the supplier. The delivery of equipment will be coordinated so that items will be delivered directly to the installation site unless otherwise specified. This will minimize the risk of damage and avoid double handling by the District receiving personnel.

3.21 Invoices/Payments

Payment terms are Net 30. By submitting a proposal, supplier agrees the District, at its sole discretion, may make payment via check, or by District credit card. Payments will be made no more frequently than once in a 30-day period with the exception of District credit card purchases. For supplies, partial payments for partial shipments will not be made unless specifically authorized herein. Payment will be made when all supplies or services have been received and accepted. All supplies on a single order should be shipped together and complete.

In the unlikely event of a late payment, the District will not pay late or interest charges. In order to receive a payment under any resultant award, the supplier shall have a current IRS W-9 on file with the District. CCSD has implemented J.P. Morgan’s Single-Use Account (SUA), an electronic card payment program and enables payments to be processed faster and more efficient. By response to this RFP suppliers consent to the process as well as individual District credit card transactions, at no additional cost to the District.

3.22 News releases, including social media, pertaining to this RFP and/or any resultant award shall not be made without the District’s written approval.

3.23 The successful supplier may be required to furnish performance and/or payment bonds or, at the District’s discretion, an irrevocable letter of credit from a local financial institution in the amount of the total contract cost. When a performance bond is furnished by the successful bidder, 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.

3.24 Prohibition of Employment of Illegal Aliens in Public Contracts. In accordance with C.R.S 8- 17.5-5-101 et. Seq., the supplier whose name and signature appears on the proposal hereby certifies, represents, warrants and agrees as follows:

a. In the event this proposal is accepted by the District, the supplier shall comply with provisions of C.R.S 8-17.5-101 et. Seq., requiring certification that the supplier does not and during all times supplier is under contract to perform services for the District. The Supplier will not knowingly contract with a subcontractor who knowingly employs or contracts with an illegal alien to perform work under the contract with the District.

b. The supplier will verify that it does not employ any illegal aliens by participation or attempted participation in the basic pilot emergency verification program administered by the social security administration and the Department of Homeland Security or otherwise comply with C.R.S 8-17.5-102(2)(b)(i).

3.25 CCSD is a member of the cooperative educational purchasing council (CPEC). The geography of the council lies along the front range of the Rocky Mountains from Fort Collins/Greeley area to the North, through Colorado Springs to the South, and represents approximately 70% of the K-12 public school enrollment for the State of Colorado. As such, the District requests that any member of the CEPC may avail itself of this contract and purchases any and all items specified herein from the successful suppliers(s) the contract price(s) established herein. Each CEPC member using a contract resulting from this RFP will establish its own contract, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, and issue its own exemption certificates as required by the suppliers(s).

It is understood and agreed that the district will not be legally binding party to any contractual agreement between CEPC member and the supplier as a result of this RFP or any subsequent District award.

3.26 The District will not accept gifts or gratuities from suppliers. The District may request product samples from suppliers for evaluation purposes with disposition of those samples to be at the discretion of the District.

3.27 The District has not employed a pre-qualification process; therefore, suppliers are neither pre-qualified/approved nor precluded from responding to this RFP.

3.28 Minimum Qualifications

In order for proposals to be evaluated and considered for award, they must be deemed responsive to this RFP. To be determined responsive, submitted documents shall conform in all material respects to the requirements stated herein and suppliers shall document and validate the capability to fully perform all requirements defined by the RFP. Factors to be considered in connection with a supplier’s capability to fully perform all requirements of the RFP include, and may not be limited to experience, integrity, reliability, capacity, financial stability, and other factors required to provide the products and/or services defined herein.

3.29 The District will not consider and/or reimburse suppliers for any costs or expenses incurred in preparing and/or submitting proposals in response to this RFP, attending meetings, presentations, or other necessary requirements.

3.30 No Obligation, Right of Rejection, and Multiple Award. The inquiry made through this RFP implies not obligation on the part of the District.

This RFP does not constitute an offer or a contract with any proposed supplier or other party.

The decision to reject a proposal is solely that of the District. The District reserves the right to reject any or all Proposals, in whole or in part, or to accept or reject all or any part of any proposal. Proposals received from debarred or suspended suppliers will be rejected. The District may reject any proposal that is not responsive to all of the material and substantial terms, conditions, and performance requirements of this RFP. The District further reserves the right to award all, part, or none of the components/functional areas included in this RFP. In addition, the District reserves the right to make one or more awards to competing suppliers for all our subsets of functionality as a result of this RFP or as otherwise determined in the Districts best interests. The District reserves the right to reject any proposal determined to be nonresponsive. The District reserves the right to negotiate with any or all suppliers with respect to any or all terms of a proposal or contract. The District also reserves the right to abandon the project and/or to re-advertise and solicit other proposals at its discretion. If a proposal is selected by the District for negotiation of a contract, any final contract will be in substantial compliance with this RFP however, suppliers are advised that any final contract may deviate from the RFP as the parties may agree during the course of negotiations. The District reserves the right to cancel this solicitation or to change its scope if it is considered to be in the best interests. The District reserves the right to waive irregularities or minor informalities in proposal content or to request supplemental information from suppliers.

3.31 Contract Type

The contract resulting from this RFP shall be in form and content satisfactory to the District and shall include, without limitation, the terms and conditions provided for in this RFP and such other terms and conditions, as the District deems necessary and appropriate. The standard of performance for the contract resulting from this RFP shall be in accordance with the highest applicable standards in the industry. The contract resulting from this RFP shall be firm fixed-price unless otherwise stated.

3.32 Contract Changes

Changes to any terms and conditions must be by written modification fully executed by both parties.

3.33 Contract Approval

Suppliers understand that this RFP does not constitute an offer or contract and does not obligate the District to award a contract. The District’s obligation will commence only following the District’s approval and a fully executed contract. The District will not be responsible for any work done or expense incurred by any supplier, or any subcontractor, at any tier, prior to the contract start date set by the District.

3.34 Federal, State and Local Requirements

The supplier must comply with all known Federal, State and Local requirements that apply to the proposal, evaluation, and subsequent contract. Supplier shall comply with State and Federal laws on website accessibility, all software technology must meet the technical requirements of

WCAG 2.1.AA.

3.35 Conflict of Interest

The supplier shall, at all times, observe and comply with all Federal, State and local laws, ordinances and regulations, including any amendments and revisions thereto, which in any manner affect the supplier or services and/or items to be provided, specifically and not limited to any laws relating to conflicts of interest. Failure to comply with any applicable laws may result in termination of the contract; forfeiture by supplier of all benefits of the contract;

retainage by the District of all services preformed and/or supplies delivered; and the recovery by the District consideration, or the value of consideration, paid to the supplier pursuant to any award contract.

3.36 Force Majeure Clause

Should events beyond the reasonable control of the DISTRICT and CONTRACTOR, including but not limited to, acts of God, war, acts of any government or agency thereof, fire, explosions, epidemics, pandemics, including COVID-19, plagues, outbreaks of infectious disease or any other public health crisis, including quarantine, stay at home orders or the like, or other employee restrictions, or any other cause reasonably beyond the parties’ control (collectively referred to as “events”), making the terms impracticable, impracticable to perform, illegal or impossible to fully perform under this Agreement as the Parties originally contracted, the affected party may terminate this Agreement, without liability, upon written notification.

Definition of “without liability”: “Without liability” means that there will be no liquidated damages, attrition fees, cancellation fees, rental charges, rental deposits, service charges, or any direct, consequential, compensatory, special incidental damages or any other damages or amounts of any nature whatsoever.

Additionally, the Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by the Federal department or agency. The contract shall comply with the regulations found within 45 CFR part 620, “Government Debarment and Suspension (Non-Procurement).”

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4.1 The District will conduct a fair and impartial evaluation of the proposals received in response to this RFP. The objective of the evaluation is to determine the proposal that most effectively meets the District’s needs. Award will be made to the responsible supplier(s) whose proposal, conforming to the RFP, will be most advantageous to the District, taking into consideration, among other things, price, past performance, financial stability, and technical capability. Suppliers should not assume they will have an opportunity for oral presentations or revisions of proposals, so they should submit their most favorable proposal as the initial proposal. Suppliers may be provided an opportunity to make an oral presentation as part of the evaluation process in the District’s sole discretion.

4.2 Evaluation Process

While a numerical rating system may be used as part of the evaluation process, the award decision ultimately is a business judgment reflecting an assessment of the relative merits of the proposals as judged by the District, in its sole discretion, which represents the best value for the District. A brief overview of the evaluation process is as follows and may be modified at the District's discretion.

• Review of all the proposals received for compliance with the RFP

• Numerical scoring and/or ranking of all proposals based on the technical proposal, company experience, qualifications, etc.

• Requests for clarification may be made. One, some, or all suppliers may be asked for clarification. Such requests may be made at any time during the evaluation process.

• Suppliers may be invited to present an oral presentation as determined by the District, in its sole discretion.

• Suppliers may be given an opportunity to submit a best and final offer (BAFO) after the conclusion of the oral presentations, clarifications, and or other discussions/negotiations.

Clarifying questions, oral presentations, and BAFOs may require revisions to original proposals.

If so, suppliers will be given a reasonable time frame in which to formulate and submit written responses to the questions and to provide any related revisions to their initial proposal. Such revisions will be at the option of the supplier. Adjustments to pricing may also be allowed, but only to the extent related to and consistent with the necessary revisions.

4.3 The District reserves the right to negotiate the final terms and conditions of any one or more contracts to be executed. In the event the district and a supplier are unable to agree upon all contract provisions, the District reserves the right to cease negotiations and negotiate with one or more other suppliers, or to reject all proposals with no obligations.

4.0 Proposal Evaluation

4.4 Dissemination of Information

During the solicitation and evaluation process and up to award, no information will be publicly provided concerning proposals received. Any information requested after the award must be submitted directly to Communication Services through a Colorado Open Records Act (CORA) request. Please visit https://www.cherrycreekschools.org/programs-and-services/legal-resources/open-records-requests for further information.

5.1 Submission Letter and Executive Summary

The Proposal must include a submission letter with an executive summary. The Submission letter shall be signed by an authorized representative of the supplier such as the owner, partner, or, in the case of a corporation, the president, vice president, or other corporate officer(s) responsible for binding the supplier.

The Submission letter must provide the supplier’s primary contact information, including the following:

1. Name of the Supplier representative

2. Title

3. Name of Company

4. Address

5. Telephone number

6. Email address

7. Signature of authorized officer of the firm (in some cases, your acknowledgement signature will be requested through BidNet.)

A signature on the submission letter provides the District with the supplier’s acknowledgement and acceptance of the RFP and execution of it during the discharge of any subsequent contract.

It shall be clearly understood that by submitting a proposal in response to this solicitation, the supplier shall be deemed to have accepted all specifications, terms, general conditions, and requirements set forth unless otherwise clearly noted and explained in the supplier’s proposal.

Any exceptions or exclusions may render the proposal non-responsive.

The executive summary may be incorporated as part of the Submission letter and should include the following:

1. A brief summary of the proposal contents

2. Discussion of unique aspects, strengths, or value added components being offered

5.0 Proposal Response Requirements

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5.2 Company Background and References

The proposal shall include company background information and client references. Suppliers should identify and include client references that may be contacted by the District for evaluation purposes. Suppliers shall provide at least three (3) references of similar clients with whom the supplier has worked during the past five (5) years that are of similar size and scope to this requirement. The District reserves the right to contact any reference, whether provided by the supplier or obtained by the District, in connection with the evaluation of this RFP.

5.3 Proposed Product(s) and Services

The proposal must include a summarized narrative description of the capabilities for each requirement presented throughout the RFP, for the purpose of providing the District with a high-level understanding of the proposed solution. The Narrative should be written for an audience of the end-user community. Descriptions should include all products proposed by third-parties to meet the District’s Functional and Technical Requirements identified in this RFP.

5.4 Proposed Team Resources

The proposal should include the project and implementation team organizational structure, project roles and responsibilities, and key team member resumes of the proposed project personnel resources. The implementation team, as well as the personnel involved in live operation and ongoing support, and maintenance, shall be included as necessary/required.

A clear distinction shall be made to identify supplier resources, sub-contractor/third party resources, and district resources, roles, and responsibilities.

5.5 Price Proposal

The supplier’s price proposal shall be provided separate technical proposal. Pricing information/proposal shall be in sufficient detail to allow an appropriate evaluation.

5.6 Additional Required Documents

1. Current IRS W-9

2. Historically Underutilized Businesses (HUB) certificate, if applicable

3. Certificate of Insurance (COI) if applicable: This is required if the supplier will be on district property and/or in the presence of students.

1. Scope of Work

The successful contractor will be responsible for the complete application of fertilizers across various school grounds and fields throughout CCSD, including but not limited to athletic fields and general lawn areas.

A. Spring Fertilization Services

● Application timeframe: CCSD Spring break week between March 1 – April 15

● Balanced fertilizer with weed prevention as appropriate

● Soil conditioning (if recommended)

● Application method: Granular or liquid, with equipment suitable for turf and large areas

B. Fall Fertilization Services

● Application timeframe: CCSD Fall break week between September 15 – October 30

● Slow-release fertilizer for root development and winterization 32-0-8 3%FE or similar product.

● Weed control as necessary possible combination of “weed and feed” if available

● Application method consistent with best practices for fall fertilization

C. General Requirements

● Coordinate with school grounds personnel for scheduling

● CCSD must be able to verify that the product being used is approved.

● Notify designated staff at least 48 hours in advance of applications

● Provide safety data sheets (SDS) for all products used

● Comply with all local, state, and federal regulations regarding chemical application

EXHIBIT A- SCOPE OF WORK/SCHEDULE OF ITEMS

● Ensure signage and student safety during and after application and removal of any signage once complete

3. Site Locations The total acreage for the turfgrass of the District is roughly 510 acres, including various school grounds and fields throughout CCSD, including but not limited to athletic fields and general lawn areas

4. Contract Period

The initial term will be for one year, with the possibility of renewal for up to four additional one-year terms based on performance and budget approval.

5. Proposal Requirements (In addition to section 5.0 Proposal Response Requirements)

● Proof of licensure and certification for fertilizer application

● Description of products and methods to be used

● Detailed pricing breakdown (per application, per acre, per site, etc.) Please use the approximant 510 acres when pricing.

● Proof of insurance (general liability, workers’ compensation, etc.)