Exhibit A - SOW - Snow Removal - Updated 4.9.25.pdf

EXHIBIT A – SCOPE OF WORK

SCOPE OF WORK – SNOW REMOVAL SERVICES:

The contractor will provide snow removal services at various City locations, excluding Denver

International Airport.

The contractor shall furnish all labor, equipment, and material as necessary to perform all specified services.

The contractor is required to provide to the General Services Contracts Office a centralized point of delivery for all contract related communication to include but not limited to work order assignments, invoicing, annual insurance renewals, and general contract communication.

For a complete list of snow removal locations, refer to Exhibit A – Attachment A – Snow Removal

Locations. Contractor must prioritize snow removal services at locations identified as “Priority 1” such as police districts and other locations open prior to 7:00 A.M.

1. The Contractor shall provide snow removal, de-icing, and melting/traction agent application services, including all labor, supervision, equipment and all fuel, lubricants, vital fluids, parts, maintenance repairs, and all items of cost needed to provide these services, covered by the resulting agreement which the City may require during the term of the agreement.

2. Snow removal shall consist of pushing all snow off the surfaces of designated areas. Application of melting or traction agents shall involve the even distribution of those agents across the same surfaces being plowed.

3. If snow fall occurs during non-standard work hours (Monday through Friday 5:00 PM to 7:00

AM, weekends, and City holidays), best efforts will be made to remove snow prior to the office opening for the next business day (standard work hours are Monday through Friday 7:00 AM to

5:00 PM) based on total accumulation. The Contractor shall have all areas cleared in time for the

Facility to open on the next regular business day.

a. Several City buildings operate on a 24/7/365 schedule. These buildings require that snow accumulation greater than 1” be removed as soon as possible. These buildings include but are not limited to:

• Police Administration Building

• Police Districts

• Denver Animal Shelter

• Police Academy

• Van-Cise Detention Center and Lindsey Flannigan Justice Center

4. Areas to be cleared may include all parking and sidewalk areas. Contractor is required to respond within two (2) hours of dispatch if one inch (1”) or more of snow accumulates but may be called in before one inch (1”) accumulates. It may be necessary to shovel between cars in lots and use a manual spreader to de-ice tight spaces without damaging vehicles or getting ice melt on cars.

Drift-ins and continuous snowfalls will be serviced as much as possible to keep these areas clear.

In some cases, it may be necessary to wait until it stops snowing before the area can be cleared.

5. In cases of repeated heavy snowfalls, the City may request that snow piles be removed off-site to a City designated location. The removal of the snow piles will be at the request of the City and not required on every plowing occasion.

6. The Contractor will take all possible precautions to protect people from injury and create as little disturbance and inconvenience as possible.

7. Police Precincts – Contractor shall not leave snow drifts in such a manner as to block access for police vehicles to exit parking spaces. Snow drift behind cars must be shoveled out to allow for easy exit.

8. Police Academy Driving Track – Contractor is responsible for coordinating with DPD

OPS Support the dates in which the Contractor will be required to perform snow removal services for the driving track. DPD OPS Support will provide these dates on the first day of each month for the following month.

9. Damage caused to buildings, posts, fences, automobiles or any other such readily visible objects will be repaired as soon as practical at the Contractors expense. In the event repairs are not made within seven (7) business days, the City will have the right to have repairs made or to make repairs and deduct this amount from any invoices due to the Contractor.

10. Regarding the use of deicer products both liquid and solid ice-melting salt and salt sand mixtures: contractor will apply materials evenly and per the application rate recommended by the manufacturer, or per industry best practices. Contractor must avoid waste due to over application, or un-even or careless application resulting in clumps of deicer in some spots, and insufficient deicer in other spots. No deicer salt or chemicals should be applied directly onto metal: avoid application of deicer to the foot of flagpoles, bicycle stands, fire hydrants, parking meters, benches, etc., and anything bolted to pavement- keep a 6-inch-wide space or buffer between metal objects and pavement treated with deicer. Deicer must be applied in a manner that prevents runoff into storm drains.

11. A snow removal plan is required to be submitted annually to the GS Operations Supervisor and/or Facility Superintendent before the snow season and discussed in the annual pre-season meeting. The snow plan shall include detailed information on the following:

a. Site-specific maps for each service location to include snow piling, plow areas, hand shoveling areas.

b. How the contractor plans to service simultaneous service locations listed in “Section 4” to adequately prepare and maintain locations free of snow and ice accumulation.

c. Detailed information on anti-icing and de-icing services and equipment that will be used and stored.

d. Detailed information on the snow removal equipment proposed to be used.

e. Detailed plan on manpower dedicated to snow removal operations to service multiple locations simultaneously and consecutively.

f. The snow plan must be cognizant of the 24/7/365 operation of applicable facilities.

g. Detailed information on how the contractor will conduct quality control during snow or ice events and effectively monitor weather conditions during snow call outs.

h. The snow removal plan shall include the development of a “snow activity” log. Which will include the following minimum information:

i. Location

ii. Condition of site

iii. Actions taken

iv. Equipment and Personnel Requirements

v. Arrival time on site

vi. Departure time

12. Check-ins and Check-outs required for each site along with before and after pictures for each site, including time stamp, must be emailed to the Facilities inbox at

SnowNotifications@denvergov.org. If snow removal overlaps with normal hours and the Facility

Maintenance team starts to clear snow at the site, the contractor must check in with Building

Superintendent/ Multiple Trades Supervisor to confirm if support is still needed.

PROPERTY DAMAGE:

Contractor is required to report all occurrences of property damage and supporting pictures within

72 hours to SnowNotifications@denvergov.org. Contractor is liable for all occurrences of property damage. If contractor cannot address the repair, the City will address the repair and will be reimbursed by the contractor at cost.

LIQUIDATED DAMAGES:

If the contractor fails to deliver the supplies or perform the services within the time specified in their contract, or any extension thereof, the actual damages to the City for the delay may be difficult or impossible to determine. Therefore, in lieu of actual damages, the contractor shall pay to the City as fixed, agreed and liquidated damages for each calendar day of delay, the amount of $100 per day. The City may terminate this contract in whole or in part as provided in the "Default" provision.

In that event, the contractor shall be liable for such liquidated damages accruing until such time as the City may reasonably obtain delivery or performance of similar supplies and services. The contractor shall not be charged with liquidated damages when the delay arises out of causes beyond the control and without the fault or negligence of the contractor.

SPECIAL CONSIDERATIONS:

BACKGROUND CHECKS:

Contractor, at its expense, must conduct a background check for each of its employees, as well as for the employees of its subcontractors, who will provide services to the City. The term

“employee” for the purpose of this requirement, includes anyone who is providing services for the City under this Contract. Background checks are to be conducted through an independent background check vendor and must include the following:

• Social Security Number Trace;

• Federal Criminal Records (includes wants, warrants, arrests, convictions, and incarcerations);

• Colorado Criminal Records (includes wants, warrants, arrests, convictions, and incarcerations);

• Criminal Records from other States if the employee disclosed, or the background check identifies, that the employee lived in another state in the last seven years

(includes wants, warrants, arrests, convictions, and incarcerations); and

• National Sexual Offender Registry Search.

mailto:SnowNotifications@denvergov.org mailto:SnowNotifications@denvergov.org

The background check shall include all convictions for the last seven years and may include additional convictions beyond seven years when permitted and/or required by law.

Because of the sensitive nature of the work locations proposed within this solicitation, the

City shall automatically disqualify from employment under this contract persons with felony convictions. Alternatively, the City may require that a fidelity bond, or such other assurance in such amount as deemed appropriate, be provided to the City as a condition precedent to grant permission where an employee’s prior conviction would otherwise preclude their participation under the contract.

All Contractor employees are required to self-disclose to the Contractor any criminal charges and convictions and nolo contendere pleas (not contest pleas) that occur while providing services to the City within three business days of the conviction, charge, or plea. Contractor is required to inform the City of any criminal charges or convictions or nolo contendere pleas

(no contest pleas) that arise while an employee is on assignment with the City. Contractor must inform the City within one business day of the Contractor having knowledge of the charge, conviction, or plea. The City will determine, in its sole discretion, whether the employee will remain on a

City assignment.

The background check(s) must be conducted successfully prior to initial access and/or involvement by employees. Employees who separate from the Contractor’s employment must undergo another background check prior to renewed access and/or involvement in providing services to the City. The City also has the ability to audit the Contractor’s background check process, to ensure compliance with City standards, at any time.

In addition to the foregoing background check, certain City locations require employees to pass a Federal CJIS background check. These background checks will be administered by

CBI – Colorado Bureau of Information. Vendors will need to be part of the CBI Vendor

Management Program. Contractors will be provided entrance cards for each facility.

Contractors are not allowed to share cards to provide services.

The following locations require Federal CJIS background checks:

• All Police Facilities

• All DSD Facilities

• Police Academy

• Denver Animal Shelter

• Traffic Operations

• DPD Police Precincts

• Denver Human Services

All work to be completed under this on-call contract will require that each person working on- site at a Denver Police Facility, City Attorney, Denver 911, Denver DA, and all other secure facilities within the City and County of Denver that has CJIS information, including all sub- contractors, to have completed CJIS Security Awareness Training. The CJIS Security

Policy written and maintained by the Federal Bureau of Investigation is the standard by which all criminal justice agencies nationwide must protect the sensitive data they possess and share with authorized entities. The policy outlines requirements such as personnel security, training, encryption, physical security, media protection, access control, construction, and more. The CBI CJIS Vendor Management Program is designed to help vendors and criminal justice agencies achieve and maintain compliance more easily by providing an easier fingerprinting/vetting process, assisting with the required training, sharing audit findings, and offering resources for questions about CJIS security.

All Denver law enforcement is now requiring that the Federal CJIS background check be completed to work at any site connected to law enforcement for the City and County of

Denver.

The CJIS background check can be completed through the CBI – Vendor Management Program as a

CJIS Support

Vendor. Please use

Google Chrome.

1) Please go to the CBI Vendor Management website or https://cbi.colorado.gov/sections/cjis- security/cjis-vendor-management-program.

Please click on the CJIS Support Vendor link in the left-hand navigation pane. Click on the individual tabs to learn about the program and how to apply.

2) You will be applying to be part of the CBI Vendor Management Program. To apply for this, you will need documentation that states that you are contracted to do work with one of the safety agencies for the City and County of Denver:

DPD, DSD, 911, or Department of Safety.

3) Once you have this document, you will need to submit the following:

a. An application to create a fingerprint account.

b. The vendor agreement.

c. The above referenced contractual document with one of the safety agencies for the City and County of Denver.

d. An IRS form W-9 for review. If they are approved, you will receive the code to use for fingerprinting.

4) Once you have completed the fingerprinting, background check and testing, and are a minimum of CJIS Support Vendor – Security & Privacy: Basic

Role, please submit the company name and listed individual names to

Georgia Loya, Nancy Sterling, or

NCICBackgroundandCJISRequests@denvergov.org.

5) Once this is complete, badges will be provided for the duration of the project and then must be returned.

6) This background check process is good for one year in any safety facility within

Colorado as long as the individual is employed/linked with the vendor. If the individual leaves the employment of the vendor, please notify CBI and General

Services Contract Office. Any subsequent arrest notification on the individual would mark the vendor as ineligible for the CBI Vendor Management Program.

https://cbi.colorado.gov/sections/cjis-security/cjis-vendor-management-program https://cbi.colorado.gov/sections/cjis-security/cjis-vendor-management-program mailto:NCICBackgroundandCJISRequests@denvergov.org

7) If you have concerns or questions, please contact CBI at:

cdps.cbi.cjisvendors@state.co.us or call 303-239-4222, option 3 for biometrics.

Please note, contractors not part of the CBI Vendor Management Program will not be assigned any work at any site connected to law enforcement for the City and County of

Denver. Thank you for your assistance in support this process.

PRICING UPDATES:

Pricing is firm and fixed for the initial 3-year contract term and will apply to any services or locations that are added after the contract is executed. At the request of the contractor, the costs for services may be adjusted to reflect an increase of up to 3.5% years 4 and 5 if the contract term is extended by the City. Pricing updates must be based upon documented contractor’s price increases and must be verifiable. Pricing updates shall be adjusted based upon the increase in the Consumer

Price Index. Pricing update requests must be received by the City six (6) months prior to the contract anniversary date to review the pricing update request for approval.

INVOICING REQUIREMENTS:

Contractor must be capable of providing invoices that include the following details:

• Invoice number

• Invoice date

• Service date(s) or service period

• PO number (will be provided to contractor when assigned)

• Service location (Building name and address)

• Facility Code (list will be provided to the contractor)

• Itemized charges, including unit of measurement

• Total charge

Snow removal invoices shall be provided per event, within 30 days of check-out notice.

Contractor shall also provide monthly statement billing (as required).

ADDITION OR SUBTRACTION OF FACILITIES; INCREASE OR REDUCTION OF

SERVICES:

The City reserves the right to add or to subtract facilities to be serviced by the Contractor. The requesting agency shall be required to submit a General Services Facility/Service Addition Form

(Exhibit A – Attachment B). When a location is added, the Contractor will meet with the GS

Operations Supervisor in order to determine a Scope of Work that is specific to that facility and to provide a quote for the new location.

No work may commence at an additional facility until the monthly fee and the scope of work has been approved, in writing, by the Executive Director of General Services, or their designee. The

Executive Director of General Services, or their designee, must also approve, in writing, the cessation of service at any facility.

The Contractor will meet with the GS Operations Supervisor if an increase or reduction of service is contemplated at any facility. Any increase or reduction of level of service should be accompanied mailto:cdps.cbi.cjisvendors@state.co.us by an increase or reduction of the monthly fee. The new monthly fee and revised scope of work must be approved, in writing, by the Executive Director of General Services, or their designee.

SPECIAL PROJECTS; WORK OUTSIDE SCOPE:

On occasion, the City may request services from the Contractor that are outside the established scope of work for an individual building. When special services are requested, the Contractor will meet with the GS Operations Supervisor or a City Facility Superintendent in order to determine a scope of work that is specific to the special services and to provide a quote for the services. The

GS Operations Supervisor or City Facility Superintendent shall determine if the quote provided is appropriate. If the quote is deemed appropriate, the Contractor will complete a Work Order form as outlined in section 1.E. of the agreement.

FEDERAL PROVISIONS:

Where the source of the funds, directly or indirectly for this Purchase Order is the Federal

Government, the Contractor agrees to the applicable provisions set out below. The Contractor shall be responsible for determining which terms are applicable to its products and/or services.

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE Contractor agrees to comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of

Labor regulations (41 CFR Part 60). DAVIS-BACON ACT COMPLIANCE Contractor agrees to comply with the Davis-Bacon Act (40 U.S.C. 3148 to 3148) as supplemented by Department of

Labor regulations (29 CFR part 5). ANTI-KICKBACK ACT COMPLIANCE Contractor agrees to comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in

Department of Labor regulations (29 CFR Part 3). CONTRACT WORK HOURS AND

SAFETY STANDARDS Contractor agrees to comply with Sections 102 and 107 of the Contract

Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of

Labor regulations (29 CFR part 5) RIGHTS TO INVENTIONS MADE UNDER A

CONTRACT OR AGREEMENT Contractor agrees to comply with 37 CFR part 401, "Rights to

Inventions Made by Nonprofit Organizations and Small Business Firms Under Government

Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. CLEAN AIR AND WATER REQUIREMENTS Contractor agrees to comply with all applicable standards, orders, or requirements issued under the Clean Air Act (42 U.S.C.

7401 et. seq.), and the Clean Water Act (33 U.S.C. 1251 et. seq.). Contractor agrees to report each violation of these requirements to the City and understands and agrees that the City will, in turn, report each violation as required to the appropriate EPA regional office. ENERGY

CONSERVATION REQUIREMENTS The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. (42 U.S.C.

6201) NO SUSPENSION OR DEBARMENT Contractor certifies that neither it nor its principals or any of its subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Agreement by any Federal department or agency. BYRD ANTI-LOBBYING. If the Maximum Contract Amount exceeds

$100,000, the Contractor must complete and submit to the City a required certification form provided by the City certifying that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress in connection with obtaining any Federal contract grant of any other award covered by 31 U.S.C. 1352. Contractor must also disclose any lobbying with non-

Federal funds that takes place in connection with obtaining any Federal award.

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 City is certified to the ISO 14001 international standard for Environmental Management

System (EMS). The City’s EMS ensures that all aspects of City operations with the potential to cause significant environmental impacts are proactively managed. Through the EMS, the City has adopted environmental procedures to ensure compliance with environmental requirements, protect workers and the public, conserve energy and resources, and prevent pollution. The EMS reinforces the City’s position that each person providing products or services to the City, the City’s business partners, is responsible for conducting activities in a manner that will protect public health and the health of their employees and protect the environment. The EMS also requires business partners ensure the competency of their staff with respect to their environmental impacts and duties.

All City business partners are required by statute, regulation, and contractual agreement to comply with all federal, state, and local environmental regulations and requirements when working for the

City. The City’s EMS requires all City business partners to be aware of the City’s Environmental

Policy, be aware of the environmental aspects their actions may impact and implement practices to manage their actions in a manner that complies with environmental requirements and the City’s environmental performance goals. The City’s Environmental Policy outlines the City’s commitment to environmental protection, continual improvement, and sustainability in all areas of

City business and operations.

The Environmental Policy of the City may be found at:

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

Environmentally Preferable Purchasing (EPP) Guidance and Prohibitions:

The City defines EPP products and services as having a lesser or reduced effect on human health and the environment when compared with competing products and services that serve the same purpose. The City’s EPP evaluation may extend to raw materials acquisition, energy consumption in manufacturing and transport, packaging, recyclability, waste disposal, and many other factors.

Applicable EPP considerations may factor in the evaluation process of this Proposal. Vendors are encouraged to describe any EPP attributes of the goods or services they offer to the City.

Products and services with the following attributes meet basic EPP and Office of Sustainability standards, and are favored for procurement:

• Green Seal approved products and services

• Energy Star certified equipment

• Specific Conformance to Green Seal GS-11 and GS-37 standards

• Conformance with California Code of Regulations for maximum allowable VOC content

• Conformance with SCAQMD Rule #1168, or BAAQMD Regulation 8, Rule 51

• Conformance with Carpet and Rug Institute Green Label/Green Label Plus Programs

• Product listing with the Western Regional Pollution Prevention Network

• Product listed with the Center for the New American Dream

• Disposable janitorial products conformance with USEPA Comprehensive Procurement

Guidelines

• Products supplied in concentrate

• Products dispensed through automatic metering and mixing equipment

• Products with high recycled material and post-consumer waste content

• Products with minimal petrochemical content

• Highly durable / long-lasting products and applicators

• Products shipped in bulk

• Neutral pH products

• Non-flammable products

• Fragrance and dyes free products

• Proven rapid bio-, photo-, or chemical degradation

• Non-aerosol products

• Locally reusable / locally recyclable packaging

• Other characteristics that can be shown to:

o Minimize waste o Minimize consumption of energy and resources o Minimize release of toxic compounds o Minimize exposure of workers and the public to pollutants

Products and services with the following attributes do not meet EPP or Office of

Sustainability standards, and are discouraged from procurement under this proposal:

• Combination cleaner-disinfectants

• Products which liberate ammonia (CAS 7664-41-7)

• Products containing the following substances, except in trace amounts (< 0.1%):

o alkylphenol ethoxylates o 1,4-dioxane (CAS 123-91-1) o Nitrilotriacetic acid (CAS 139-13-9) o Sodium ethylenediamine tetraacetic acid (CAS 60-00-4) o 2-butoxyethanol or 2-butoxyethanol acetate (CAS 111-76-2, and CAS 112-07-2) o ethanolamine (CAS 141-43-5)

• Products containing phosphates or phosphonates in excess of 0.5% phosphorous by weight

• Products with a Flashpoint of less than 140°F

• Products with a pH of less than 2.0 or greater or than 12.5 at their least dilute working strength

• Products containing more than 20% VOCs by weight

• Products having RCRA Hazardous waste characteristics in their least dilute working strength

• Practices resulting in the air-borne dispersal of dusts and soils

• Practices which rely on volatilization of organic solvents or result in the significant generation of chemical fumes or vapors.

• Practices which prevent the capture and collection of wastewater and water-borne pollutants.

• Products whose principal ingredients are readily absorbed through skin, or cause dermal irritation or sensitization on contact, or rapidly destroy skin tissue or the mucous membranes.

• Products supplied without clearly readable labels that describe product hazards, precautions, and instructions on use and disposal.

• Products for the safe use of which workers must don specialized respiratory protection or general splash protection equipment.

The following products and services are prohibited from procurement under this proposal:

• Products containing persistent bio-accumulative toxics

• Products containing Asbestos

• Products containing known carcinogens, mutagens and teratogens

• USDOT Inhalation Hazard rated materials

• Halogenated compounds with an Ozone Depletion Potential greater than 0.01

• Products which have a high risk of causing spontaneous combustion

• Strong chemical oxidizers

• Products containing the chemical elements or compounds listed in Table 1

• Products containing chemical compounds deemed by the Denver Department of

Environmental Health to present an undue of risk to human health or the environment in their use or disposal.

Upon request, the vendor must submit documentation proving that all procured products and services meet the prohibitions listed above.

A.1.a Table 1: Prohibited Chemicals and Compounds

Chemical Name CAS Number Comments

1 Arsenic 7440-38-2

2 Arsenic, compounds of various

3 Barium, compounds of various not including alloys

4 Cadmium, compounds of various not including alloys

5 Carbon tetrachloride 56-23-5

6 Chlorobenzene 108-90-7

7 Chloroform 67-66-3

8 Chromium, compounds of various not including alloys

9 1,2-Dichlorobenzene 95-50-1

10 1,4-Dichlorobenzene 106-46-7

11 1,2-Dichloroethane 107-06-2

12 1,1-Dichloroethylene 75-35-4

13 Hexachlorobenzene 118-74-11

14 Hexachloroethane 67-72-1

15 Hydrofluoric Acid 7664-39-3

16 Lead, compounds of various not including alloys

17 Mercury, elemental 7439-97-6 not including amalgams

18 Mercury, compounds of various

19 Methylene chloride 75-09-2

20 Nitrobenzene 98-95-3

21 Pentachlorophenol 87-86-5

22 Selenium, compounds of various

23 Silver, compounds of various not including alloys

24 Tetrachloroethylene 127-18-4

25 1,1,1-Trichoroethane 71-55-6

26 1,1,2-Trichloroethane 79-00-5

27 Trichloroethylene 79-01-6

28 2,4,5-Trichlorophenol 95-95-4

29 2,4,6-Trichlorophenol 88-06-2

30 Vinyl chloride 75-01-4