biddoc.pdf

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Attached to
RFP for On Call Tank Services & Remote Monitoring Consultant
Solicitation number
EQ_Tank Services 2026
Issued by
Denver County, Colorado

About this file

Summary of Denver Department of Public Health and Environment Storage Tank Technical Services RFP

This is a Request for Proposal issued by the Denver Department of Public Health and Environment, Division of Environmental Quality, for on-call storage tank technical services throughout the City and County of Denver. The City seeks one or more professional service providers with a physical presence in Colorado on the Front Range to manage routine and non-routine maintenance, repair, and removal of over 100 active underground storage tanks (USTs) and aboveground storage tanks (ASTs), including tanks integrated into emergency generators. Services encompass tank system inspection and testing, parts replacement and repairs, new tank installation, tank closure and removal, fuel testing and disposal, cathodic protection system installation, automatic tank gauge servicing, confined space entry, spill prevention control and countermeasure planning, and soil and groundwater sampling at closure sites. Work spans multiple jurisdictions from Denver International Airport to downtown Denver, mountain parks, and foothills locations. Written questions are due August 14, 2026 at 11:59 PM MT, with City responses provided August 18, 2026 by 11:59 PM MT. Proposals must be submitted electronically through BidNet by August 28, 2026 at 11:59 PM MT. Applications will be reviewed in September 2026, with notice of award expected September 2026 and contract finalization estimated for November 2026. The contract term runs from December 1, 2026 through November 30, 2031.

Pricing will be evaluated as part of the selection criteria, with all costs to be itemized and clearly identified by quantities or scope milestones. The City reserves the right to award to one or more applicants based on best value determination. Vendors must be registered in good standing with the Colorado Secretary of State, provide proof of Insurance meeting City minimums, and supply a W9 form. Service providers working at Denver International Airport must comply with federal assurances and TSA security requirements, including background clearance and badging if working independently in secure areas. The successful vendor will be required to furnish a performance bond or irrevocable letter of credit in an amount to be determined after award. The City conducts operations under ISO 14001 certified Environmental Management System standards, requiring vendors to identify environmental aspects and mitigate potential impacts. Proposers must respond to specific questions addressing key personnel, subcontractors, demonstrated experience from the past five years, certifications and training, equipment owned or leased, and response to fictitious project scenarios.

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Denver Department of Public Health and Environment

Request for Proposal

Storage Tank Technical Services

The Division of Environmental Quality, an agency within DDPHE, retains full authority to manage, oversee, and enforce compliance with all activities under this scope of work.

Si necesita estos materiales en español, comuníquese con el personal de para obtener ayuda con la traducción - envíe un correo electrónico a jessica.murison@denvergov.org

Request for Proposal Posted August 5, 2026

Written Questions Due August 14,2026 at 11:59 pm MT

City Response to Questions August 18, 2026 by 11:59 pm MT

Proposal Due Date August 28, 2026 by 11:59 pm MT

Applications Reviewed September 2026

Notice of Award September 2026

Contract Finalized (Estimated) November 2026

**These dates/timeline are subject to change. Any changes will be communicated via BidNet in an Addendum.

Please note that follow-up questions submitted in writing will be accepted by DDPHE staff through August 14, 2026 by 11:59 pm MT. They can be submitted via Bidnet or email to Jessica Murison at Jessica.Murison@denvergov.org.

Instructions for Submission

Completed proposals must be submitted electronically through BidNet (bidnetdirect.com) by the due date. There is no cost to register on BidNet. If you are unfamiliar with how to use BidNet, you may refer to this instructional PDF document for help on how to create an account and submit your proposal in BidNet. Extra help for registering will be provided upon request. You may contact Jessica Murison at jessica.murison@denvergov.org with any questions.

Any questions regarding this RFP are encouraged and should be submitted through the BidNet platform. Questions will be accepted only up to the above listed deadline. Answers to questions from any Vendor will be provided to all Vendors. Questions will be answered in writing and posted on BidNet per the deadline listed above.

All communications regarding this proposal shall only be through the City’s Procurement facilitator listed above. No communication should be directed to any other City personnel.

mailto:jessica.murison@denvergov.org mailto:Jessica.Murison@denvergov.org https://www.bidnetdirect.com/ https://docs.google.com/document/d/14ilaAyjKRr7aAS1FWFxtLadWSRTZYuOb/edit mailto:jessica.murison@denvergov.org

A. PURPOSE & BACKGROUND

Purpose of Request for Proposal

The City wishes to enter into a contract for services with one or more professional storage tank services companies. Prospective service providers must have a physical presence in Colorado and have an established place of business on the Front Range. The City is looking for service providers who have proven experience providing tank related services in Colorado, have the in-house resources to remove, install and service both underground storage tanks and aboveground storage tanks (USTs and ASTs), and employ multiple Qualified Service Technicians. The City requires such service providers to perform routine and non-routine management, maintenance and repair of its USTs and ASTs (including tanks integrated into emergency generators) and associated piping.

This solicitation contains a list of probable scopes of work for project sites located across the jurisdiction of the City & County of Denver, from Denver International Airport, across downtown Denver, to mountain parks and venues in the foothills and in neighboring counties.

Service providers working at Denver International Airport (DEN) must agree to abide by standard federal assurances as part of their contract requirements. Work anticipated to be performed within the secure air-side perimeter at DEN can either be done under DEN-provided escort or without escort if workers are ‘badged’. If the Vendor chooses to work independently in secure areas, they must obtain special airport safety and security training, clear a background check, and carry and wear an ID badge issued to them by airport security. Service providers must carry a higher level of insurance anytime they are engaged in projects within the air-side portion of DEN because working among higher-value assets, such as aircraft, presents greater risk.

The City owns and operates more than 100 tanks actively used to store and dispense fuel and oil products, petroleum waste, wastewater and other regulated substances. More than 40 tanks are registered with the state and subject to the Colorado Petroleum Storage Tank Regulations and EPA rules. Some other City tanks are small, subject only to local code, or large but given state or federal exemption. Some work anticipated under this RFP may relate to tanks holding non-traditional fuels such as E-85, bio-diesel blends, propane, or products such as glycol-based deicer fluids. Other work may focus solely on improved tank site spill prevention, and installation of structural BMPs. Individual work assignments will vary from large, carefully planned projects to urgent responses demanding quick mobilization of laborers, tools and equipment.

Additionally, some work may consist completely of tank system inspection, testing, and calibration.

B. ORGANIZATIONAL ELIGIBILITY

Organizational Requirements:

• Organization must be registered and in good standing with the Colorado Secretary of

State.

• Organization must provide Certificate of Insurance that meets City & County of Denver

(CCD) minimum requirements.

• Organization must have a W9.

C. SCOPE OF WORK

SCOPE OF WORK – City-side Tasks Overview

Below is a list of projects that may be performed under the resulting contract:

A. Tank system inspection and testing (including confined space entry and use of specialized technology used to test tank systems);

B. Tank system parts replacement and repairs to any item or piece of equipment attached to a tank (including, but not limited to piping, dispensers, pumps, wiring, sensors, alarms, monitors, and gauges);

C. Purchase and installation of new tanks and system components, either aboveground or underground;

D. Disposal of tanks and system components, waste petroleum and related products, and media contaminated by petroleum or related products due to discharges from tanks;

E. Fuel testing, removal and disposal of fuel from storage tank due to contamination or otherwise not meeting fuel standard specification;

F. Removal and disposal of water found inside fuel tanks;

G. Temporary and permanent closure of existing tanks;

H. Removal of existing tanks with associated tank site testing and assessment for contamination.

Specific Tasks

Below is a list of specific tasks that may be performed while engaging in a project listed above:

A. Perform comprehensive visual inspection of aboveground tanks per STI and other applicable industry standards using ICC or equivalent certified staff.

B. Perform confined space entry of sumps, vaults, or tanks to make repairs, perform maintenance, facilitate visual inspection, or to conduct non-destructive material testing.

C. Install and repair cathodic protection systems for buried tanks, piping and related tank site infrastructure.

D. Prepare detailed reports of findings of comprehensive testing and inspection with recommendations.

E. Service pumps and dispensers, perform precision line tightness tests, test automatic leak detectors, cathodic protection systems, perform hydrostatic or similar tank and sump tightness tests, and perform vapor trace investigations according to industry standards and recommended practices.

F. Purchase, install, replace, re-program, calibrate, modify, inspect and test electronic and mechanical automatic tank gauges, probes, sensors, alarms, and overfill prevention devices, remote and satellite alarms and read-outs.

G. Service proprietary electrical and electronic systems, install new systems, and trouble-shoot and repair systems specific to storage tank operation, including the equipment brands Veeder-Root, Omntec, Incon, Onan-

Cummins, and Pneumercator.

H. Diagnose, document, and resolve automatic tank gauge systems malfunctions.

I. Replace tank gauge liquid level probes and related cabling.

J. Perform manual tank gauging and inventory reconciliation.

K. Purchase and install containment type aboveground tanks and related protective and operations infrastructure outdoors for dispensing of fuel to equipment.

L. Purchase and install containment type aboveground tanks for indoor storage of Class II and Class III petroleum products and related chemicals (such as used oil, hydraulic fluid and antifreeze) with related pumping, piping, and operations infrastructure.

M. Renovate aboveground tank systems to meet or exceed standards of protection required by local codes and state regulations, including installation of electronic monitoring and alarm equipment and overfill prevention devices.

N. Perform formal comprehensive periodic aboveground storage inspections.

O. Temporarily close aboveground tanks (including emptying, inerting and blank flanging) and stabilize tank vaults for long-term hiatuses in maintenance.

P. Permanently close and remove aboveground tanks, related tank infrastructure, including disposal and recycling of discarded tanks and other materials.

Q. Stabilize or remove tank vaults, pads and related tank infrastructure, including disposal of concrete and petroleum-contaminated media.

R. Fill excavations and pits, re-grade and pave closed tank sites to restore safe facility use and access.

S. Sample, assess, and report on impacts to soil and groundwater at tank sites to comply with closure rules in 7 CCR 1101-14 sections 2-5 and 3-

4.

T. Closely coordinate all tank site testing and initial site investigation actions with state and local agencies.

U. Sample, assess, initiate clean-up, and report on suspected or known leaking storage tank sites to comply with 7 CCR 1101-14 article 4.

V. Renovate existing aboveground tank installations to meet or exceed spill prevention, control and countermeasure requirements of 40 CFR 112.

W. Remove, relocate, and reinstall existing aboveground tanks for purposes of re-use, testing, inspection, reinforcement of bottoms and footings, or installation of structural BMPs for spill control and containment.

X. Install structural BMPs (ramps, dikes, interceptors) for control and containment of spills from portable tanks, oil-filled operational equipment and mobile refuelers at permanent facilities to comply with

40 CFR 112.

Y. Generate and have professionally certified Spill Prevention Control and Countermeasure plans to comply with 40 CFR 112.

Z. Inspect, research, and provide background information on active tanks and related equipment, such as manufacturer’s specifications, make, model serial, dimensions, orientations, levels, capacities, and listings.

AA. Placard tanks and post signs and labels at tank sites with required and recommended instructions and warning language.

BB. Install or repair ground level equipment and infrastructure for UST site and fuel dispenser safety, security, fire and spill prevention, such as bollards, fire extinguishers, and spill response materials.

CC. Remove water and other non-fuel-phase contaminants from fuel tanks in active use.

DD. Test fuels for contamination, characteristics key to suitability for continued use, clean or polish fuels if requested, and dispose of or recycle unwanted off-specification petroleum products.

EE. Empty and clean tanks; pump, transfer, and transport petroleum products incident to storage tank repair or closure or preparation for reuse.

FF. Replace critical tank system components for compatibility with new products such as E- 85 and other bio-fuels.

GG. Re-grade and re-pave storage tank site caps and aprons to protect tanks from deterioration due to stormwater infiltration, corrosion, vehicle traffic, and collisions.

HH. Repair and replace UST ports, risers, spill basins, sumps and ground level access ways.

II. Purchase, install, repair, and replace pumps including submerged turbine pumps, rotary suction pumps, diaphragm pumps, pump power controllers and electrical hook-ups and switch-gear.

JJ. Purchase, install, repair and replace fuel dispenser cabinets, meters, blenders, sumps, valves and connected piping, hoses, nozzles, and electrical hook-ups.

KK. Temporarily close underground storage tanks, including emptying, inerting and blank- flanging.

LL. Permanently close underground storage tanks including excavation, over-excavation, soil hauling and disposal, tank and related equipment hauling and recycling or disposal.

MM. Compile information and submit applications and reports to state authorities, per regulatorily required formats on tank installation, closure, change-in-service, or removal.

NN. Apply for and secure all needed permits from local and state authorities to install, modify, or remove petroleum storage tanks and related infrastructure.

OO. Make all needed and required notifications and affirmations to state and federal regulatory agencies regarding tank site actions and conditions.

PP. Plan, engineer, and construct or direct construction of new storage tank installations.

QQ. Prepare sites for the installation of underground storage tanks, including excavation, and supplying specification backfill material.

RR. Purchase and install underground storage tanks, and hardware required for installation and use (deadmen, strapping, sumps, risers).

SS.Purchase, install, replace and repair all underground storage tank system related hardware, including spill buckets, overfill prevention devices, valves, P/V vents, and sumps.

TT.Install all wiring and circuitry required to power tank system equipment and enable tank gauge, sensor, detector, and controller communications.

UU. Install all piping, valves, connectors, vents and other conveyances for petroleum products and their vapors, including double-walled rigid fiberglass piping and sumps.

VV. Purchase and install dispensers, dispenser sumps, hardscape and barriers associated with dispenser installation.

Services procured under the resulting contract may be used to support specific needs or distinct tasks relating to petroleum or other regulated materials in transfer or storage, such as removal of orphaned tanks, or characterization, transport and disposal of contaminated soil, that are components of other programs or projects.

The awarded vendor shall also perform any other industry standard tasks necessary to complete the project.

The City requires that the contractor be able to substantially perform services described above using their own ‘in-house’ technical and professional staff, their own equipment, vehicles, and a ready cache of material supplies. The above requirement notwithstanding, critical to the successful performance of duties under this scope of work the contractor must be able and willing to procure or sub-contract with specialized professional commercial entities for specific services not available in-house.

EXCLUSIONS FROM SCOPE OF WORK:

The resulting contract shall not be used for:

A. Constructing new buildings;

B. Renovating existing buildings or grounds for purposes other than tank system use and operation;

C. Remediating brownfields and sites with broad environmental contamination;

D. Long-term LUST site remediation;

E. Investigating and remediating contamination on private property;

F. Abating “sick buildings”;

G. Abating and managing asbestos, lead-based paint, or mold;

H. Conducting Phase I and II environmental site assessments;

I. Managing and disposing of hazardous materials, except petroleum products, other regulated substances, chemical wastes removed from tanks, and contaminated media encountered in the installation or removal of tanks.

B.2 PROPOSER QUESTIONS AND REQUIREMENTS:

Your proposal must answer each of the questions/issues that are listed below. The quality and detail of your responses will figure significantly in the overall evaluation of your proposal. To standardize the format of all proposals, Proposers are required to respond to all questions in the order given and to list the item number and restate the question prior to giving their answer. Additionally, some questions may require a large amount of information to compose an answer. Unless specifically instructed to do so, do not answer the question in an addendum and write “See Addendum”, instead answer the question in order. Failure to comply with this requirement may result in your proposal being declared non-responsive.

1. Key Personnel: Identify the individuals from your firm that will be involved in direct delivery of services to the City and list their duties/responsibilities. In addition, provide a separate, stand-alone list, not more than one page long, showing just the full names and titles of your company’s key personnel (e.g., principals, managers, and staff regularly exercising managerial or supervisory duties in your organization). Lastly, provide, separately brief biographical data -resume or CV- for each key person listed.

2. Business partners: List out and identify the proposed subcontractors that may be part of the team providing services to the City under this contract. Describe the nature of the services each subcontractor will provide with a brief description of services they will provide. Describe the capacity of each subcontractor to perform the work. State whether your firm and the subcontractors have previously worked together, and if so, in what capacity. If you intend to use multiple subcontractors to perform various tasks, state whether those subcontractors have worked together previously, and in what capacity. Include business names and local addresses. This list must include the subcontractors you primarily use or plan to use for the following services:

a. Tank system related electrical wiring

b. Precision line tightness testing

c. Veeder Root ATG system installation, repair, and troubleshooting.

d. Certified STI or API periodic tank inspection

If your company plans to use your own internal resources to complete tasks a-d, please state so clearly.

3. Summary of Demonstrated Experience: Provide recent examples from the last 5 years of four (4) tank system installation, repair, management, or removal projects in which your firm was a principal participant. Each example must be for a project in which your company directly provided over $50,000 in invoiced services and goods. The description of each of the four projects must include:

a. A brief description of your scope of services on the project.

b. Contact name and phone number representing the client.

c. The total value of the services rendered on that project by your organization.

d. The state and county of the physical project site.

e. Project status (whether the project is complete or on-going. If on-going, provide an approximate completion date).

4. Certifications and Training: Describe your firm’s process for making sure personnel receive appropriate training, certification, and recertification as required for their job. Also include a simple table or matrix listing personnel by name or title (in successive rows), and the various types of certifications or licenses held by them (in successive columns), that are needed to perform the storage tank services described in this solicitation document. Laborers and technicians of a class may be grouped together and named as a single entity on a single row.

5. Copies of Certifications: In a separate exhibit to your proposal, titled “ANSWER TO QUESTION 5 – CERTIFICATIONS,” provide copies of current, non-expired, training certificates or licenses, or professional certifications held by personnel specifically regarding their qualifications to install tanks, inspect tanks, operate heavy vehicles in commerce, transport DOT regulated materials, operate off-highway equipment, manage hazardous materials, work in potentially hazardous environments, and work in trenches and confined spaces.

6. Temporary Labor: Does your firm hire and use temporary non-skilled laborers for performance of any part of the services as described in this solicitation? If so, describe the nature of all the tasks performed or anticipated to be performed by temporary, unskilled laborers in your employ. If you do not hire and use temporary non-skilled laborers, please respond by stating so clearly and definitively.

7. Equipment: Provide photographs and a list of the principal specifications (including model year and total hours of operation or mileage) of the following seven key pieces of equipment, that your firm owns, or for which it has a long-term lease. If your firm does not own or currently lease any of the equipment below, this must be clearly stated in your answer.

a. All Service Truck(s)

b. Tandem Dump Truck

c. Vac-truck or trailer-mounted vacuum

d. Bobcat or Skidsteer

e. Heavy highway trailer or ‘Low-Boy’

f. Standard Size Excavator

g. Standard Size Loader/Backhoe

8. Response to Fictitious Project Scenarios: Review the two separate fictitious project scopes and respond by providing a complete proposal of itemized costs and a narrative of your strategy to complete the project.

9. EMS: The City and County of Denver conducts all municipal operations in conformance with ISO 14001 certified Environmental Management System (EMS) standards. The awarded Proposer(s) must be aware of the City’s EMS commitment, including identifying significant environmental aspects associated with the proposed project scope, and render services in a manner that controls for and mitigates potential environmental impacts, and that support specific project compliance, quality, documentation, and recordkeeping requirements of the EMS. The successful Proposer(s) must consistently provide high quality communication and interaction with the client agencies and must collaborate closely with client project managers and staff to ensure vendor activities conform to the City’s EMS.

AIRPORT SECURITY:

It is a material requirement of this Contractual Agreement that the Vendor shall comply with all rules, regulations, written policies and authorized directives from the City and/or the Transportation Security Administration with respect to Airport security. The Vendor shall conduct all of its activities at the Airport in compliance with the Airport security program, which is administered by the Security Section of the Airport Operations Division, Department of Aviation. Violation by the Vendor or any of its employees, subcontractors of any rule, regulation, or authorized directive from the City or the Transportation Security Administration with respect to Airport Security shall be grounds for immediate termination by the City of this Contract for cause.

The Vendor shall promptly upon notice of award of this Contractual Agreement and in the event, they do not wish to perform work under DIA-provided escort, meet with the Airport’s Assistant Security Manager to establish badging and vehicle permit requirements for Vendor’s operations under this Contract. The Vendor shall obtain the proper access authorizations for all of its employees, subcontractors, and vendors who will enter the Airport to perform work or make deliveries, and shall be responsible for each such person’s compliance with all Airport rules and regulations, including without limitation those pertaining to security. Any person who violates such rules may be subject to revocation of his/her access authorization. The failure of the Vendor or any subcontractor to complete any required services hereunder shall not be excused on account of the revocation for good cause of access authorization of any person.

The security status of the Airport is subject to change without notice. If the security status of the Airport changes at any time during the term of this Contractual Agreement, the Vendor shall take immediate steps to comply with security modifications which occur as a result of the changed status. The Vendor may at any time obtain current information from the Airport Security Office regarding the Airport’s security status in relation to the Vendor’s operations at the Airport.

The Vendor shall return to the City at the expiration or termination of this Contract, or upon demand by the City, all access keys or access badges issued to it for any area of the Airport, whether or not restricted. If the Vendor fails to do so, the Consultant shall be liable to reimburse the City for all the City’s costs for work required to prevent compromise of the Airport security system. The City may withhold funds in the amount of such costs from any amounts due and payable to the Vendor under this Contractual Agreement.

a. 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.

b. PAYMENT & PERFORMANCE BONDS & SURETIES:

The successful vendor will be required to furnish a performance bond or, alternatively, an irrevocable letter of credit from a local financial institution, in the amount of

$(AMOUNT DETERMINED AFTER AWARD). If a performance bond is furnished by the successful 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.

See Exhibit E – Performance and Payment Bond, and Exhibit E-1 – Change Rider, for required awardee documentation.

D. CONTRACT TERM

The term for this contract is December 1, 2026- November 30, 2031.

E. PROPOSAL RESPONSE

1. Request for Proposal Applicant Response/Response to Fictitious Scenarios (Exhibit A)

2. Budget/Rate Spreadsheet (Exhibit B)

3. BYRD Anti-Lobbying (Exhibit C)

4. Any responses to City’s Sample Contract Terms (Exhibit D)

5. Payment & Performance Bond (Exhibit E)

6. Change Rider (Exhibit E-1)

7. Copy of Letter of Good Standing from Secretary of State

8. W9

Submitted applications confirm the understanding of the scope, objectives of the services, deliverables, work product, or documents, timing, staffing and fees for this Scope of Work.

F. SELECTION AND SCORING

F.1 Selection Process The criteria to be used for scoring applications include but are not limited to:

• Pricing

• Service Needs and Requirements/ Expertise as demonstrated by

Applicant Response to fictious project scenarios.

• Other documents that may be requested, including but not limited to:

o Copy of Letter of Good Standing from Secretary of State o Annual operating budget(s) for the previous and current year o Financial Disclosure Statement and/or IRS Form 990 (for all organizations) o W9

• Response to the City’s proposed Sample Grant Agreement provisions

The award(s) will be made to the Applicant(s) whose proposal meets the requirements of the RFP and is determined to be most responsive, responsible, and best value to the City and County of Denver, in accordance with the scope of work, community needs, and Denver Revised Municipal Code.

The City may request oral presentations or site visitations as part of the review process.

Additionally, the City reserves the right to conduct negotiations with one or more Applicants.

APPENDIX A: REQUEST FOR PROPOSAL STANDARD TERMS AND CONDITIONS

A. Notification of Open Records Act: All material submitted regarding this application becomes the property of the City and County of Denver and is subject to the Colorado Public (Open) Records Act (“CORA”). If the applicant believes that any material in its proposal constitutes trade secrets, privileged information, or confidential commercial or financial data, then the applicant should mark those items as confidential or proprietary.

The City is not bound by the applicant’s determination as to whether materials are subject to disclosure under CORA; and reserves the right to independently determine whether the materials are required to be made available for inspection or otherwise produced under CORA. If the City receives a request for such information marked as confidential, it will notify the applicant. If a suit is filed to compel disclosure of such information, the City will notify the applicant, and the applicant shall be responsible for taking appropriate action to defend against disclosure of its confidential information. The City and County of Denver has the right to use any or all information/material presented in the proposal, subject to limitations for proprietary or confidential information.

Disqualifications or denial of the application does not eliminate this right. The contents of the proposal may become contractual obligations if the project is funded, subject to mutual modifications in the contracting process.

B. The City and County of Denver reserves the right to: postpone, cancel, modify, or suspend any or all parts of the RFP process and can reject any or all proposals at its sole discretion, and to waive informalities and minor irregularities in proposals received and to accept any portion or all items proposed if deemed in the best interest of the City and County of Denver. As the City determines appropriate, it may issue additional requirements to this RFP.

C. The Statement of Work and/or Technical Requirements shall form the basis of a

Contractual Agreement covering the subject matter of this RFP. Exceptions or deviations to this proposal must not be added to the proposal pages, but must be on Proposer's letterhead and accompany proposal. Any exceptions to this documentation will be taken into consideration when evaluating proposals submitted. The City reserves the right to reject any or all of your proposed modifications. The City welcomes cost saving proposals which still satisfy all technical and business objectives.

a. All requirements, specifications, representations of capability and operational structure described or offered in the Vendor’s proposal, together with all services necessary to staff, train, supply, and support the program, will be incorporated into and made part of the Contract Agreement by reference or as attached exhibits. Proposal materials will be contractually binding upon the selected Vendor for the full term of the Agreement. As such, the responding Vendor is encouraged to be deliberate in their responses to operational requirements set forth in this Request for Proposal. In the event future changes to statutory, regulatory, or legal requirement necessitate changes to operational structure, those will be codified and managed through change orders after contract signing.

All pricing for program deliverables and associated services must be itemized and clearly identify the applicable quantities or statement of work milestones upon which such pricing is based.

D. The successful Applicant shall follow all of the specifications, terms and conditions of this proposal as outlined above. The City shall have the right to inspect the facilities and equipment of the successful Proposer to ensure such compliance.

E. Expenses for developing a proposal are entirely the responsibility of the proposer, and the City shall not be liable in any manner for any costs incurred in connection with preparation, submittal, or subsequent negotiation

F. 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 proposal therefore.

G. By the submission of this proposal, the Applicant certifies that:

● The proposal has been arrived at by the Applicant independently and has been submitted without collusion with any other Applicant.

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

H. Successful Applicants that are corporations or limited liability companies will be 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.

I. The City shall not be bound by and the Applicant shall not request or rely on any oral interpretation or clarification of this RFP. Questions and Answers will be provided to all Applicants.

J. All communications regarding this proposal shall only be through the RFP main contact, listed above. No communication is to be directed to any other City personnel.

K. Any award because of this proposal shall be contingent upon the execution of an appropriate contract. The Sample Contract in this proposal contains our proposed terms and conditions. These terms and conditions shall form the basis of a Contract covering the subject matter of this proposal. 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 the Sample Contract. Any exceptions to the Terms and Conditions will be taken into consideration when evaluating proposals submitted. The City reserves the right to reject any or all of your proposed modifications.

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