biddoc.pdf

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

PURCHASING SYSTEM (BIDNET®).

Department of General Services

PURCHASING DIVISION

www.denvergov.org/purchasing Phone: 720.913.8100

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

Department 304, 6th Floor Denver, CO 80202

Procurement Analyst Name: Ruth Bruski

Procurement Analyst Email: ruth.bruski@denvergov.org

Request for Proposal For Master Purchase Order Agreement

RFP No. 11205A

Green Infrastructure Custom Stormwater Inlets, Covers & Associated Frames (DOTI)

SCHEDULE OF EVENTS

• RFP Issued Sept. 22, 2026

• Deadline to Submit Additional Questions Sept. 29, 2026 11:00 A.M. Local Time

• Response to Written Questions Oct. 6, 2026

• Bid Due Date Oct. 13, 2026 2:00 P.M. Local Time

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

VENDOR SIGN HERE

Company Name:

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

By:

(Printed or Typed Name)

Signature:

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

Email:

Phone:

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

RFP No.11205A

Covers & Associated Frames

Table of Contents

SECTION A: GENERAL INFORMATION & PROPOSAL INSTRUCTIONS

A.1 BACKGROUND AND SCOPE:

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

A.3 ELECTRONIC SUBMISSION OF BIDS:

A.4 RFP QUESTIONS:

A.5 ADDENDA:

A.6 ALTERNATE RESPONSES:

A.7 ACCEPTANCE PERIOD:

A.8 TECHNICAL REQUIREMENTS/STATEMENT OF WORK:

A.9 RFP CONDITIONS AND PROVISIONS:

A.10 GRATUITIES AND KICKBACKS:

A.11 NON-COLLUSIVE VENDOR CERTIFICATION:

A.12 AWARDS:

A.13 EVALUATION AND AWARDS:

A.14 PRODUCT/PERFORMANCE LITERATURE:

A.15 DISCLOSURE OF CONTENTS OF BIDS:

A.16 PROOF OF REGISTRATION WITH THE COLORADO SECRETARY OF STATE:

SECTION B: SCOPE OF WORK AND TECHNICAL REQUIREMENTS:

B.1 BACKGROUND

B.2 SCOPE OF WORK/ TECHNICAL REQUIREMENTS

For Scope of Work Technical attachments, download from Bidnetdirect.com, “Metals Appendix B

SOW Technical Attachments” Technical Requirements

B.3 ADDITIONAL REQUIREMENTS:

B.4 TERM

B.5 ESTIMATED QUANTITIES:

B.6 F.O.B. POINT:

B.7 DELIVERY CONSIDERATIONS:

B.8 WARRANTY GUARANTEE:

B.9 EMERGENCY PURCHASES:

B.10 PALLET CHARGE:

B.11 VENDOR PERFORMANCE MANAGEMENT:

B.12 COOPERATIVE PURCHASING:

B.13 ENVIRONMENTAL MANAGEMENT SYSTEM, ENVIRONMENTAL POLICY, AWARENESS,

AND COMPLIANCE

B.13.a Environmentally Preferable Purchasing (EPP) Guidance

B.14 RECEIPTING REQUIREMENTS:

B.14.a PURPOSE B.14.b AUTHORITY B.14.c REQUIREMENTS B.14.d POLICIES AND PROCEDURES

SECTION C: PRICING/BID ITEMS

C.1 PRICING INFORMATION:

C.2 BID ITEMS:

C.3 PRICING INSTRUCTIONS:

C.4 ANNUAL PRICING UPDATES:

SECTION D: ADDITIONAL REQUIRED INFORMATION

D.1 CONTRACT CERTIFICATION FORM:

D.2 REFERENCE LISTING:

D.3 DENVER VENDOR SUSTAINABILITY (Optional) D.4 SMALL BUSINESS INFORMATION REQUEST (Optional)

D.5 DISCLOSURE OF GENERATIVE ARTIFICIAL INTELLIGENCE (A.I.) USAGE

D.6 VENDOR INFORMATION:

D.7 VENDOR'S CHECK LIST:

SECTION A: GENERAL INFORMATION & PROPOSAL INSTRUCTIONS

A.1 BACKGROUND AND SCOPE:

The City and County of Denver, hereinafter referred to as the City, desires to solicit bids relating to the purchase of Green Infrastructure Custom Stormwater Inlets, Covers & Associated Frames (DOTI) throughout the identified term.

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

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

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

General Services Purchasing Division.

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

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

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

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

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

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

A.3 ELECTRONIC SUBMISSION OF BIDS:

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

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

http://www.rockymountainbidsystem.com/ http://www.rockymountainbidsystem.com/

Your proposal shall consist of the following separate sections:

Note: Each individual section must be submitted as one file. Each section is as follows:

Section 1:

1. Signed Coversheet

2. Addenda acknowledgements, if applicable

3. Contract Certification Form

4. Reference Listing

5. Denver Vendor Sustainability (Optional)

6. Small Business Information Request (Optional)

7. Disclosure of Generative Artificial Intelligence (A.I.) Usage

8. Vendor Information

9. Byrd Anti-lobbying Certification Form

10. Vendor’s Check List

Section 2 -

1. Additional Requirements: Section B.3

(Do not combine this document with Section 1 or 3.)

Section 3 –

1. Price proposal must be submitted on the provided pricing document “Attachment A – Price Proposal”.

(Document to remain as an xls file. Do not upload as a pdf file. Do not combine this document with Section 1 or 2.)

A.4 RFP QUESTIONS:

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

City Procurement Analyst: Ruth Bruski

E-Mail: ruth.bruski@denvergov.org

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

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

A.5 ADDENDA:

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

A.6 ALTERNATE RESPONSES:

It is our intent to solicit proposals that afford the City the most cost efficient, technically responsive proposal for the acquisition of the subject matter of this RFP. However, we recognize that there may be arrangements different from that requested hereunder that would offer additional benefits to the City while satisfying the applicable requirements of this RFP. Accordingly, you may submit alternative proposals for consideration, which offer such additional benefits in addition to the requested baseline proposal. These alternatives will be evaluated in conjunction with the primary (baseline) approach for each proposal.

A.7 ACCEPTANCE PERIOD:

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

A.8 TECHNICAL REQUIREMENTS/STATEMENT OF WORK:

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

A.9 RFP CONDITIONS AND PROVISIONS:

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

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

Rocky Mountain E-purchasing System (BidNet®).

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

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

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

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

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

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

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

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

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

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

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

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

No submittal shall be accepted from, and no purchase order or contractual agreement will be awarded to, any person, firm or corporation that is in arrears to the City and County of Denver, upon debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the City, or that has failed to attain or demonstrate compliance with any law, ordinance, City regulation, or contract term or condition as may be provided for or required in any City contract, or that may be deemed irresponsible or unreliable by the Manager of General

Services. Vendors may be required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon and that they have the necessary financial resources to perform and complete the work outlined in this invitation.

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

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

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

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

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

A.10 GRATUITIES AND KICKBACKS:

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

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

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

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

A.11 NON-COLLUSIVE VENDOR CERTIFICATION:

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

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

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

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

A.12 AWARDS:

Multiple awards may be made. The City reserves the right to purchase part or the entire bid. For any group, prices must be shown for each item within the group. Bids submitted without individual item prices listed will be considered as non-responsive and rejected.

A.13 EVALUATION AND AWARDS:

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

i. Pricing- Section C

ii. Response to “Additional Requirements” posed in Section B.3

iii. Other Required Submittals (as applicable)

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

v. Response to the City’s proposed Sample Contract provisions

No weighting or relative importance of criteria is intended or implied by this list. Additionally, the City reserves the right to conduct negotiations with one or more Vendors.

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

RFP contains our proposed terms and conditions.

A.14 PRODUCT/PERFORMANCE LITERATURE:

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

Each vendor shall agree to furnish the proposed services, equipment or materials that are called for on the face of this proposal in strict accordance with the conditions, requirements and specifications of this invitation to propose.

A.15 DISCLOSURE OF CONTENTS OF BIDS:

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

A.16 PROOF OF REGISTRATION WITH THE COLORADO SECRETARY OF STATE:

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

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

SECTION B: SCOPE OF WORK AND TECHNICAL REQUIREMENTS:

B.1 BACKGROUND

The City and County of Denver has made significant investments in both site-scale and large-scale Green

Infrastructure to manage stormwater, cool city streets, and create more climate resilient communities. Since 2018, the City has installed more than 200 streetside stormwater planters and other Green Infrastructure features such as stormwater raingardens and regional bioretention basins. Each year the City continues to construct Green

Infrastructure projects designed to improve neighborhood livability with urban street trees and climate appropriate landscaping. In support of these efforts, The Department of Transportation & Infrastructure (DOTI) is requesting proposals from qualified vendors for custom stormwater inlets (three design lengths), chase drain covers with associated framing, and landscape fencing. Proposers are invited to submit multiple styles of each type of product.

This RFP seeks to establish pricing and specifications for metal components supporting the City’s Green

Infrastructure program.

B.2 SCOPE OF WORK/ TECHNICAL REQUIREMENTS

For Scope of Work Technical attachments, download from Bidnetdirect.com, “Metals Appendix B SOW

Technical Attachments”

Technical Requirements

References

a. Reference Standards

i. City and County of Denver:

ii. Transportation Standards and Details for the Engineering Division

iii. Ultra Urban Green Infrastructure Design Guidelines

iv. ASTM International:

1. ASTM A48 - Standard Specification for Grey Iron Castings.

2. ASTM A536 - Standard Specification for Ductile Iron Castings

3. ASTM E303 - Standard Test Method for Measuring Surface Frictional Properties Using the British

Pendulum Tester

v. AASHTO

1. AASHTO M 306-10 Drainage Sewer Utility and Related Castings

2. Supply of Materials

a. Green Infrastructure Curb Inlets and Curb Inlet Chase Drain Covers

i. Green Infrastructure Curb Inlets:

1. Description: The City of Denver is requesting the manufacture of custom Green Infrastructure curb cut inlets compatible with Denver’s standard curb and gutter. The successful proposers will assist in the finalization of draft curb inlet details and manufacture of three (3) size openings: 12” curb opening inlet, 24” curb opening inlet, and a 36” curb opening inlet. All curb inlets shall be designed to fit with or without a corresponding chase drain cover (see section 1.a.ii).

2. Dimensions: Curb inlet cross section shall match the curb head shown in the City of Denver’s Transportation Standard Drawing 5.2 (Attachment 1) and fit with draft standard Green Infrastructure Curb Inlet details from Denver’s Ultra Urban Green Infrastructure Design Guidelines (Attachment 2). The curb inlet should provide a clearance opening from 6” to 9” on the face of the curb. The presented curb inlet dimensions are nominal and may refer to either the total outside dimension, or the total interior opening https://www.denvergov.org/files/assets/public/v/1/doti/documents/standards/pwes-001.5-transportation_standards_and_details_for_the_engineering_division.pdf https://www.denvergov.org/files/assets/public/v/1/doti/documents/standards/pwes-013.0-ultra_urban_green_infrastructure_guide.pdf https://www.astm.org/Standards/A536.htm

(at the proposer’s discretion). Curb inlets are to be sized to best accommodate corresponding chase drain framing & covers (Attachment 3).

3. Material: May consist of Cast Iron: ASTM A48, CL 30 or better, or Cast Ductile Iron: ASTM A536; alloy 65- 45-12 or better.

4. Finish: Cast Iron finishes may include:

a. Raw Iron, no finish

b. Baked-on oil finish

5. Loading: Curb inlet shall support AASHTO LRFD HS20 loading

6. Bid Notes: Proposers shall include a price for design coordination with the City and County of Denver plus a one-time tooling of the molding to produce each of the three curb inlet sizes. Proposers shall also include a price for each curb inlet size after the mold has been produced.

ii. Green Infrastructure Curb Inlet Chase Drain Covers

1. Description: The City and County of Denver is requesting pricing for chase drain covers compatible with the Green Infrastructure Curb Inlets. The chase drain covers should match the width of the curb inlets (Attachment 3); however, the chase drain covers shall not be physically connected to the Green Infrastructure Curb Inlet as both products may be used independently.

2. Dimensions: Chase drain covers shall be rectangular with widths of 12”, 24” or 36”, compatible with the 12”, 24” or 36” wide inlets described above (Attachment 3). The referenced inlet dimensions are nominal and may refer to either the total outside dimension, or the total interior clear width opening (at the proposer’s discretion). Chase drain covers shall be of variable lengths (6” to 20+ ft), however 18” and 36” lengths are the most common. See Bid Notes below.

3. Material: May consist of Cast Iron: ASTM A48, CL 30 or better, or Cast Ductile Iron: ASTM A536; alloy 65- 45-12 or better.

4. Finish: Cast Iron finishes may include:

a. Raw Iron, no finish

b. Baked-on oil finish

5. Loading: Chase drain shall support AASHTO HS20 loading.

6. Surface: Shall comply with ADA requirements for maximum opening size (0.25”), surface offset, and slip resistance. Chase drain covers shall have a minimum slip resistance (Pendulum Test Value) of 5.5 or better, per ASTM E303.

7. Frames: Chase drain cover frames shall be embedded in concrete.

8. Bid Notes: Proposers shall include prices for three standard widths (12”, 24”, and 36”) at two standard lengths (18” and 36”), and a price per linear foot (LF) for non-standard lengths. Proposers shall provide optional pricing if multiple aesthetic designs are available. If chase drain cover frames are priced separately from the cover, include a price for the frames on the bid tab for two standard lengths (18” and 36”), and a price per linear foot (LF) for non-standard lengths.

B.3 ADDITIONAL REQUIREMENTS:

For chase drain frames and covers: Provide product data sheets and/or testing sheets for all products meeting technical requirements. Include all aesthetic designs for all sizes requested. This documentation is to be submitted as instructed in Section A.3

B.4 TERM

See Master Purchase Order Section herein.

B.5 ESTIMATED QUANTITIES:

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

B.6 F.O.B. POINT:

Prices bid shall be F.O.B. Destination and delivered to Denver, Colorado, delivered to address specified on the purchase order.

B.7 DELIVERY CONSIDERATIONS:

All deliveries shall be made between the hours of 8:00 AM and 4:00 PM, Monday through Friday, excluding holidays.

B.8 WARRANTY GUARANTEE:

Vendor shall be fully responsible for any and all warranty work, regardless of whether or not manufacturers of equipment, and/or its component parts, provide the actual warranty coverage. In addition, vendor shall have or establish a single, local source that will accomplish or coordinate any necessary warranty work. Vendor shall respond to requests for warranty assistance within twenty-four (24) hours.

B.9 EMERGENCY PURCHASES:

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

B.10 PALLET CHARGE:

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

B.11 VENDOR PERFORMANCE MANAGEMENT:

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

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

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

FOR GOODS

• Total dollar value of purchases per City Agency

• Total number of transactions per City Agency

• Percentage of items shipped from local stock

• Percentage of items backordered

• Average delivery time for stock material

• Average delivery time for backorders

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

B.12 COOPERATIVE PURCHASING:

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

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

B.13 ENVIRONMENTAL MANAGEMENT SYSTEM, ENVIRONMENTAL POLICY, AWARENESS, AND

COMPLIANCE

Some City operations can pose risks to human health and the environment. Proactive environmental management can reduce risk and prevent harm. The Denver Environmental Performance Program (DEPP) is the City’s ISO 14001 Environmental

Management System (EMS). The DEPP ensures all aspects of City operations with the potential to cause environmental impacts are proactively managed. The DEPP reinforces the City’s position that the City’s business partners are aware of the City’s Environmental Policy, and are responsible for supplying goods and services in a manner consistent with this policy. The DEPP also requires business partners ensure the competency of their staff with respect to the environmental impacts of their duties.

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

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

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

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

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

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

B.13.a Environmentally Preferable Purchasing (EPP) Guidance

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

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

EPP considerations may factor in product and service evaluations.

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

B.14 RECEIPTING REQUIREMENTS:

B.14.a PURPOSE

The purpose of these requirements is to provide direction to City departments and potential vendors concerning payment receipting and cash management practices in order to maintain compliance with the City’s Charter, Revised Municipal Code and Department of Finance requirements. These requirements are used for, but not limited to, development of Request for Proposals, implementation or modification of systems involving receipt or deposit of payments, and development or modification of City cash handling practices.

B.14.b AUTHORITY

• City Charter Article II – Mayor and Executive Departments, Part 5 – Finance, §2.53 and §2.54

• Revised Municipal Code – Chapter 20 – Finance, Article III – Disposition of Funds, Division 2 – Handling of Receipts and Procedures for Making Refunds, Section 36 and 38

Any implementation or process involving payment, receipt, cash handling or banking of City funds (as defined by Denver Revised Municipal Code 20-36) shall be approved by and coordinated directly with the City’s Cash

Management Section within the Department of Finance’s Cash and Capital Funding Division. The Department of Finance has the authority to establish what forms of payment the City accepts and what mechanisms and accounts are used to process and deposit payments.

B.14.c REQUIREMENTS

1. Funds (as defined by Denver Revised Municipal Code 20-36) gross of any fees are the property of the

City and shall settle directly to a City-owned bank account.

2. Funds shall be deposited daily by either electronic or physical delivery into a City-owned bank account.

Any third-party service handling funds for transport to the bank shall be bonded; the City’s preferred method for physical bank delivery is via armored courier.

3. Credit card payments shall be processed through a City-owned Merchant Identification code (MID) issued by the Cash Management Section under the existing merchant services agreement managed therein. Any third-party system integrations shall certify to process with the City’s existing merchant services provider prior to implementation.

4. Systems, payment architecture and procedures implemented shall be currently certified Payment Card

Industry Data Security Standard (PCI DSS) compliant, be reviewed and approved by the Cash

Management Section and City’s Data Security Team and/or identified as out of scope by the City’s Data

Security Team prior to selection or implementation.

5. Systems, payment architecture and procedures shall comply with the National Automated Clearing House

Association (NACHA) and applicable rules and regulations surrounding Fedwires when processing electronic funds transfers. ACH and/or Wire payment mechanisms shall be reviewed and approved by the

Cash Management Section prior to implementation.

6. Any additional payment, receipt, cash handling or banking products or services such as lockbox, online services, point-of-sale or other receipting or transfer mechanisms shall operate using the City’s currently contracted providers as overseen by the Cash Management Section. If a business need cannot be met with currently contracted providers, the proposed solution and processing structure shall be reviewed and approved by the Cash Management Section.

7. If a third-party is involved in the payment, receipting, cash handling or banking process, the initiating City department or designee shall coordinate the structure, process and implementation with the Cash

Management Section and the third-party. All payment, receipting, cash handling or banking structures and processes shall be reviewed and approved by the Cash Management Section prior to selection and implementation. The City’s Department of Finance has final approval of all payment, receipting, cash handling or banking structures and processes.

B.14.d POLICIES AND PROCEDURES

• Fiscal Accountability Rule 3.3 – Change Funds and associated procedures and forms

• Fiscal Accountability Rule 3.4 – Receipts and Deposits and associated procedures and forms

SECTION C: PRICING/BID ITEMS

C.1 PRICING INFORMATION:

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

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

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

C.2 BID ITEMS:

Download from bidnetdirect.com document “Attachment A – PRICE PROPOSAL”

C.3 PRICING INSTRUCTIONS:

All prices quoted shall be firm and fixed for the duration of the contract period. Pricing shall be in the format contained in the RFP. Do not include cost or price figures anywhere except in the cost and pricing section.

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

Unit prices to be inclusive of shipping and freight: F.O.B. Destination- Denver, Colorado-City and County of

Denver property, delivered to multiple City locations.

C.4 ANNUAL PRICING UPDATES:

YEAR PRICING UPDATE DUE DATE PRICING PERIOD

1 to 3 Pricing remains firm and fixed October 1, 2026 – September 30, 2029

4 July 1, 2029 October 1, 2029 –September 30, 2030

5 July 1, 2030 October 1, 2030 – September 30, 2031

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

The vendor must provide a complete template that includes both items with price changes as well as items where changes are not requested. Items with price increases must be clearly identified.

If the 1st of the month falls on a Holiday or Weekend, pricing update is due the next business day.

If the pricing updates are not submitted prior to the stated “Pricing update due date”, pricing remains in effect until the final term of the contract.

MASTER PURCHASE ORDER TERMS AND CONDITIONS

1. Goods/Services:

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

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

Order.

2. Ordering:

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

3. Pricing:

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

Purchase Order.

4. Term/Renewal:

The term of this Master Purchase Order shall be from date of City signature to and including 9/30/2029. General

Services and the vendor may mutually agree to renew and continue this Master Purchase Order for additional periods at the same pricing structure, terms, and conditions. However, no renewal shall surpass 9/30/2031.

5. Non-Exclusive:

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

6. Inspection and Acceptance:

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

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

7. Shipping, Taxes and Other Credits and Charges:

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

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

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

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

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

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

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

8. Risk of Loss:

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

9. Invoice:

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

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

10. Payment:

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

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

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

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

11. Amendments/Changes:

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

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

12. Warranty:

Vendor warrants and guarantees to City that all goods furnished under this Master Purchase Order are free from defects in workmanship and materials, are merchantable, and fit for the purposes for which they are to be used. For any goods furnished under this Master Purchase Order which become defective within three (3) years (unless otherwise specified) after date of receipt by City, Vendor shall either, at City's election and to City's satisfaction, remedy any and all defects or replace the defective goods at no expense to City within seven (7) days of receipt of the defective goods or accept the defective goods for full credit and payment of any return shipping charges. Vendor shall be fully responsible for any and all warranty work, regardless of third-party warranty coverage. Vendor shall furnish additional or replacement parts at the same prices, conditions and specifications delineated herein.

13. Indemnification/Limitation of Liability:

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

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

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

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

10-101, et seq.

14. Termination:

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

15. Interference:

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

City may possess.

16. Venue, Choice of Law and Disputes:

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

17. Assignment/No Third Party Beneficiary:

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

18. Notice:

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

19. Compliance With Laws:

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

20. Insurance:

Vendor agrees to secure, at or before the time of execution of this Master Purchase Order, the following insurance covering all operations, goods or services provided pursuant to this Master Purchase Order. Vendor shall keep the required insurance coverage in force at all times during the term of the Master Purchase Order, including any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed or authorized to do business in Colorado and rated by A.M. Best Company as “A-VIII" or better. Each policy shall require notification to the City in the event any of the required policies be canceled or non-renewed before the expiration date thereof. Such written notice shall be sent to the parties identified in the Notices section of this Master

Purchase Order. Such notice shall reference the Master Purchase Order listed on the signature page of this Master

Purchase Order. Said notice shall be sent thirty (30) days prior to such cancellation or non-renewal unless due to non-payment of premiums for which notice shall be sent ten (10) days prior.