Noxious_Weed_Removal_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSALS

26-3 - Noxious Weed Removal

Submission Due Date

Thursday, February 26, 2026 by 2:00 pm Mountain Time

Documents Prepared by:

Procurement & Contracts Division

On behalf of

Parks, Forestry & Open Space

Anticipated Key Dates

RFP Issued February 2, 2026

Question Acceptance Deadline February 10, 2026, 2:00pm

Proposals Due by February 26, 2026, 2:00pm

Anticipated Contract Date March 4, 2026

Please read the entire document. Do not remove any pages. Do not contact the issuing department as this may result in disqualification. All communication is to be directed to the City’s Procurement Team, Whitney

Mugford-Smith, wmsmith@wheatridge.gov

Late submissions will not be considered. Only submissions received to OpenGov Procurement prior to the deadline will be considered.

City of Wheat Ridge OpenGov Portal https://procurement.opengov.com/portal/wheatridgeco

Table Of Contents

1. Introduction, Background, Scope of Work

1.1. Introduction

1.2. Background

1.3. Scope of Work

2. Evaluation Criteria, Evaluation Process

2.1. Evaluation Process

2.2. Evaluation Criteria

3. Administrative and Offeror Information

3.1. Proposal Opening, Evaluation, and Award

3.2. Sales and Use Taxes

3.3. Proposer Qualifications

3.4. Right to Investigate

3.5. No Commitment by the City of Wheat Ridge

3.6. Proposal Representation

3.7. Anti-Collusion Clause

3.8. Insurance

3.9. Laws and Regulations

3.10. Federally Funded Projects

3.11. Accessibility

3.12. Subcontracting

3.13. Sales Prohibited/Conflict of Interest

3.14. Modification of Agreement

3.15. Cancellation

3.16. Equal Opportunity

3.17. Disadvantaged Business Enterprises

3.18. Common Language

3.19. Proprietary Information

3.20. Competitiveness and Integrity

3.21. Proposal Format

3.22. Proposal Rejection and/or Partial Acceptance

3.23. Governing Law

3.24. Escalation

3.25. Ownership of Contract Products

3.26. Funding

3.27. Independent Contractor

3.28. Employment of Labor

3.29. Due Diligence

3.30. Debriefing

3.31. Cooperative Procurement

3.32. Contractor Performance Feedback

3.33. Sample Documents

4. Vendor Response

4.1. Vendor Questionnaire

4.2. Pricing Proposal

Attachments:

A - Sample Agreement - Informational Only

B - Sample Billing Form - Informational Only

1. Introduction, Background, Scope of Work

1.1. Introduction

The City prefers to contract all work with one qualified firm using their own staff to provide exceptional herbicide application services in our non-turf areas. However, the City reserves the option to award to multiple firms based on services that include chemical weed control and manual removal of maturing seed heads.

Services shall be provided on an as-needed, where-needed basis, as directed by the City. Term shall be for one (1) year with the option to renew for four (4) additional one-year periods and may be extended on a month-to-month or cycle basis until a new solicitation is completed and awarded.

RFP Issued: February 2, 2026

Question Acceptance Deadline: February 10, 2026, 2:00pm

Proposals Due by: February 26, 2026, 2:00pm

Anticipated Contract Date: March 4, 2026

1.2. Background

The City of Wheat Ridge (the “City”) Municipal Building is located in the northwest Denver metropolitan area, with municipal offices at 7500 W 29th Avenue, Wheat Ridge, CO 80033. The City’s area consists of about nine square miles of rolling land adjacent to the Interstate 70 transportation corridor between Denver and the Rocky

Mountains. The topography is somewhat unique, with a natural ridge traversing the City. The City is a suburban community of approximately 33,000 residents. Wheat Ridge is a home-rule municipality with an elected mayor and eight council members, and a Council- Manager form of government. Wheat Ridge recognizes the Best Value procurement model which allows the City to appoint suppliers that best meet the needs of the City, taking into consideration proposer qualifications, price, products, and service capabilities and other factors relevant to the City’s policies, programs, administrative resources, and budget.

1.3. Scope of Work

1.3.1. Overview of Work and Locations

Overview of Work and Locations

The services covered in this contract are for furnishing all labor, equipment, supervision, transportation, and operating supplies including herbicides to be applied:

• 3 cycles annually to approximately 72 infested acres of noxious weeds located within the of City of Wheat

Ridge’s Open Space land. Most areas will need spot treatment as few areas are monoculture infestations

• 3 treatments annually for poison hemlock and some poison ivy along trail margins

• 2 applications annually to 14.65 acres of native or non-irrigated parkland in compliance with terms, specifications, conditions, and provisions contained herein.

• 2 treatments annually of broadleaf herbicide, on specified Right-of-Way areas within the City of Wheat Ridge;

some of these weeds growing in the right-of-way may not be classified as noxious.

Chemical weed control herbicide application for noxious weed control:

3 times annually:

• Lewis Meadows Open Spaces (approximately 10 acres)

• Wheat Ridge Greenbelt (approximately 300 acres) continuing along the Clear Creek Trail west of Youngfield

Street treating both north and south trail margins - 15 feet on either side of the trail, roughly laying between

(the addressed blocks of West 14800 and West 12800 - about 1.5 miles)

• Lena Gulch (approximately 3.0 acres)

2 times annually:

• Baugh property at 11361 W. 44th Ave. -the northeast corner of 44th Ave. and Robb St. (2acres)

• Creekside Park, hillside 4900 Marshall St. (.75 acres) undeveloped parcels northeast corner

• Founders’ Park at 36th Ave. and Jay St. (4.3 acres)

• Hopper Hollow Park 44th Ave. and Kendall St. (1.25 acres) specified 2 times annually

• All specified Right of Way areas as listed in this document

Locations and Description:

The project areas are non-contiguous locations. The work will occur in City’s Open Space areas, non-turf parklands, within specified developed parks and city Rights-of Way. All areas listed will require a minimum notification 72 hours in advance of any herbicide application for notices to be posted in advance, Right-of-Way areas will require a minimum advance notification of 72 hours to City representative and may require dated flagging to be placed on site notifying the public of chemical application.

Open Space:

1. Lewis Meadows Open Space (10 acres) straddles Lena Gulch and is located north of 33rd and Union

St. it is comprised of an irregular shape and is surrounded by private property.

2. The Wheat Ridge Greenbelt (300 acres) runs along Clear Creek between roughly from Youngfield St.

following this creek’s course, about 6.5 miles east to Harlan Street as well as the Clear Creek trail margins extending west of Youngfield St. to the city’s west boundary. The City of Wheat Ridge

Greenbelt is preserved Open Space property and is comprised of an irregular shape and does not include all lands abutting Clear Creek. The boundaries are not clearly marked and are surrounded by private property. Many infested areas requiring treatment within this Open Space also border wetlands, lakes, irrigation ditches and a regional multi-use trail. This area also contains several populations the federally listed plant the Ute Ladies’-tresses Orchid Spiranthes diluvialis. All precautions need to be taken to avoid negatively impacting these plants. City representative will need to advise contractor of no spray zones prior to any spray application occurring within the Wheat Ridge Greenbelt. These no spray zones are in place for the purpose of avoiding accidental impacts to these orchids and areas that have been recent revegetated either by seed or plantings. The Zarlingo property west of Kipling St./Kipling

West Trailhead and Lean Gulch are included in the Wheat Ridge Greenbelt. Treatment areas include the border areas at Youngfield Trailhead (4150 Youngfield St.) and Kipling Trailhead (4220 Kipling St.).

3. Lena Gulch (3.0 acres) drainage area and surrounded by private property on two sides. Water flowing through this area. This drainage ditch runs continually through public and private property. Open Space properties along Lena Gulch include: Lewis Meadows, Parcels between Parfet St. and Oak St.

Non-irrigated or native Parkland:

1. Baugh property at 11361 W. 44th Ave. (2 acres) property contains irrigation ditch and has a private property on its north and east sides.

2. Creekside Park at 4900 Marshall St. hillside southeast (.75 acres) to parallel with playground- no further east, excluding playground.

3. Founders’ Park at 36th and Jay (4.3 acres), treatment area excludes the manicured turf area and

Founders’ Park is surrounded by private property.

4. Hopper Hollow Park 44th and Kendall (1.25 acres) native areas northeastern northern and western portions of park excluding 6 feet parameter around drainage channel.

5. South of Wheat Ridge Recreation Center (4005 Kipling) Excluding pond and unpaved ditch area, from west property fence line – (this portion is adjacent to private property) to Lena Gulch outfall continuing east to Kipling both sides of Lena Gulch (3 acres).

Specified Rights-of-Way (ROW) areas:

1. North side of 32nd Ave. from Swadley St. to Union St. back of sidewalk to fence

2. Ridge Road: Tabor St. to east side of 11601 Ridge Road. South side of Ridge Road. Edge of asphalt to

RTD fence rock area. Ridge Road Quail St. to Miller St. south side of street. Edge of asphalt to RTD fence rock area.

3. Kipling St 32nd Ave. to 29th Ave. West side of road curb to fence.

1.3.2. Technical Specifications

1. All applicators primary contractor or subcontractor will have a current Colorado Department of

Agriculture (CDA) licenses required for the application of herbicide in the ROW. Proof of this licensing information is required with your bid; and will be made available to the city yearly before the season begins or as applicators are changed. Applicators will always carry their license with them during application of herbicide within the City of Wheat Ridge. Application crews will carry all current/applicable licensing and MSDS/SDS and product label information with them at all times in their service vehicle. All applicators must have a minimum of one (1) year experience in weed control and be licensed by the State of Colorado.

2. Contractor must adhere to all current Colorado Department of Public Health (CDPH) and Colorado

Department of Agriculture (CDA) industry standards and regulations for chemical application.

3. A minimum of 75% kill is expected of the first application on any area treated for weed control. Any additional applications required to meet this standard will be at no additional cost to the city and implemented in a timely manner to the convenience of the City's technical representative. Further, the determination as to whether the above standard was met rests solely with the City's designated technical representative.

4. As a minimum, the precautions for drift control established by the Colorado Department of Agriculture

Division of Plant Industry Study Guide - entitled Pesticide Application and Safety Training and Colorado

Commercial Pesticide Application and Safety Training will be followed during all applications.

Notwithstanding the above maximum precautions are expected to prevent plant damage. Further, any damaged plant materials must be replaced by the successful bidder to the quality standard determination by the City's technical representative at no additional cost to the city. Contractor bears sole responsibility for chemicals used, misused, misapplied and/or spilled.

5. Response Time: The City requires response with performance within a maximum of three (3) workdays from receipt of a communication including traceable/datable e-mail messages from City representative.

6. The contractor will be responsible to notify the City representative at least seventy-two (72) hours prior to the application of any herbicide area requiring posting for posting and other notification purposes to prevent inconvenience and risk to the public. All herbicide applied in the vicinity of recreation sites will be posted with warning signs prior to any application. The city and the contractor will coordinate this signage. The Contractor will be responsible to remove the warning signage after the notification period has expired. Specified sites will be marked with flagging noting chemical and date of application prior to any application. May require field visits prior to spraying and after for review for planning purposes.

7. Any additions or deletions to the list of applicators during the contract performance period must be submitted to the City representative, at least twenty-four (24) hours in advance of work being performed.

8. Successful bidder will be required to complete and return to the City of Wheat Ridge copies of the

Pesticide Application Data Sheet at the time of each application as well as SDS and MSDS and label information for all chemicals used. Submittal via email PDF is preferred. This same information will be kept in the application vehicle – readily accessible to operator.

9. Contractors must provide the name of herbicides and label information of related products applied, the application rate and locations, time and date of the application within 24 hours of application and be ready with this information if questions arise in the interim.

10. Target weeds shall be sprayed during optimal stage of development for herbicidal action to take place.

Weeds shall be treated primarily by spot spraying. No marking dyes shall be used in Open Space areas.

11. Cleaning of spray equipment and disposal of herbicide containers shall be done in accordance with

State and Federal laws. Spray equipment shall not be cleaned at any City facility.

1.3.3. Contractor Responsibilities

Contractor must ensure the following:

1. The contractor shall maintain competent supervisory personnel during the work progress. The contractor shall designate an authorized representative who shall have complete authority to represent and to act for the contractor. This individual shall provide efficient supervision of the work, using their best skill and attention. This person will act as a contact for city personnel and be available M-F

6:30am-5pm and weekends if spray operations are being conducted.

2. All contractor applicators will have current Colorado Department of Agriculture licenses required for the type of application of herbicide in the area where applications are occurring. Proof of this licensing information will be made available to the City yearly before the season begins or as applicators are changed. Applicators will carry their license with them at all times during application of herbicide within the city.

3. If the contractor encounters any onsite situation that may change, divert or compromise the spray application they should stop or cancel the spray application and immediately contact the city representative. These conditions would include but are not limited to general site conditions, mud, soft ground that could be damaged by equipment, standing water, the presence of animals or Parks and

Open Space users in or adjacent to the application area.

4. The contractor shall notify the city if work to be performed is other than what was identified in the original request. Any additional work is to be approved by the city.

5. Contractor shall practice methods to prevent the spread of weeds through proper cleaning and inspection of vehicles and equipment prior to entering and leaving treatment areas.

6. All workers must be aware of locations of federally listed threatened species of orchid must comply with the no spray zone surrounding these populations. These no spray zones will be provided with information and locations on how to identify Spiranthes diluvialis, a rare plant occurring within the city’s

Open Space areas. The contractor will not be allowed to spray in these areas. This species has an unpredictable emergence pattern. Other reasons to establish no spray zones including newly establishing revegetation areas, areas undergoing construction.

7. The bidder shall be responsible for examining the work sites and be familiar with the work required at each site. The locations and measurements contained in this contract will be used for the method of payment and to record completed work activities.

8. The Contractor shall supply all materials and equipment including, but not limited to, pesticides, sprayers, safety equipment and vehicles necessary for completion of the contract.

9. Separate record of chemical sprayed, and chemical mix shall be submitted by email to the city representative and work will be completed within 48 hours of notification/work request.

10. Invoices must be received by the city within 7 working days of completion of work and include the following:

a. Date and time of request

b. Name of Inspector making request

c. Location/Address of property that was treated in contract.

d. Date work was completed

e. Type of work performed/type of equipment used

1.3.4. City Responsibilities

The City of Wheat Ridge is responsible for the following:

1. Identify the property and furnish contractor the following information:

a. Address/Location of property

b. Type of work to be performed

c. Provide approximate measurements of property that will receive weed control or eradication treatments

2. Inspect property not earlier than forty-eight (48) hours after assignment to ensure compliance with work requirement.

3. If applicable, notify contractor of discrepancies in work performed and corrective action to be taken.

4. The city may direct removal of any contractor employee at any time during performance of this contract for cause. “Cause” may include, but not be limited to, failures to present the appropriate licenses, performing unsafe acts, or any questionable acts that expose the city to risk or unfavorable attention.

Any removed employee must be replaced with a fully qualified person within 8 working hours. Repeated incidents may be cause for termination of the contract.

5. The city reserves exclusive right to performance on any call that is placed with the contractor for service on this contract. Consequently, if the contractor performs services which have been specifically requested by the city, and subsequently invoices any other person, firm, or entity for said services, the contractor shall be considered to be in breach of this contract with the city.

6. City Representative:

a. Authority: The city representative shall have the authority to reject and change work area quantity and materials whenever such rejection may be necessary to insure execution of the agreement in accordance with the intent of the contract documents.

b. Duties and Responsibilities: The city representative will make periodic visits to the site of the project to observe the progress and quality of the work and to determine, in general, if the work is proceeding in accordance with the intent and provisions of the contract documents. The city representative shall not be required to make comprehensive or continuous inspections to check quality of the work; and shall not be responsible for project means, methods, techniques, sequences, or procedures or for safety precautions and program in connection with the work. Visits and observations made by the city representative or his/her staff shall not relieve the contractor of the obligation to conduct comprehensive inspections of the work and to furnish materials and perform acceptable work, and to provide adequate safety precautions, in conformance with the intent and provisions of the contract documents.

1.3.5. Required Equipment

Spray equipment must include or be capable of:

1. Backpack or hand sprayer with a minimum 2.5-gallon capacity.

2. UTV or ATV or tractor mounted sprayer with a minimum 30-gallon capacity and minimum 24-foot hose length. Must have "TeeJet" or equivalent nozzles. Nozzles must be spaced according to manufacturer's specifications and be capable of delivering at least 10-gallones per acre. Minimum swatch is 5 feet.

3. All appropriate chemical spill control measures must be carried on all application equipment.

4. contractor must certify that all equipment can be accurately calibrated and apply products at required label rates.

5. Weed-free Equipment: The contractor shall ensure all equipment used within the city Open Space and other treated areas is free of soil, seeds, vegetative matter or other debris that could contain or hold noxious weed seeds. The city can request inspection of equipment prior to it being placed into service.

6. Contractor’s vehicles shall be in good repair, free from leaking fluids, properly registered, of uniform color and shall bear the company name on each side in not less than 1-1/2” letters. The contractor vehicle(s) shall also have a working yellow beacon mounted on the roof or above the operator in a sitting position.

2. Evaluation Criteria, Evaluation Process

2.1. Evaluation Process

2.1.1. Evaluation Process

Firms will be evaluated not only on their past experience for the type of work involved, but also on their ability to address issues critical to the success of the audit services requirements outlined in this RFP. Submittals should be formatted to correspond exactly to the bullets. Indexes for each of the categories are preferred, in the same order. Additional relevant information is encouraged.

Omissions or incomplete responses in terms of content or aberrations in form may, at the City’s discretion, render the proposal non-responsive. If you would like to incorporate the City marketing logo or City seal in your submittal, please contact: Whitney Mugford-Smith at wmsmith@wheatridge.gov

2.1.2. Selection Process

The selection committee may either recommend an award based on the proposals alone or elect to short-list firms and conduct interviews.

The short-list process includes written notification to the short-listed firms, interviews with firm members, reference checks on the top-ranked firm, and the negotiation of fees.

1. Short List: Submittals will be evaluated in accordance with the evaluation criteria above. The panel will review and score all proposals received. Firms with the highest scores may be invited to participate in oral interviews with the evaluation committee.

2. Oral Interviews: It is anticipated that oral interviews will be conducted in accordance to the schedule below. Short-listed firms will be notified in writing and invited to interview. Key personnel from the firm and major consultants who will be directly involved with the project should attend the interview. The selection committee will, in particular, be interested in knowing more about the firm’s previous experiences, the perceived ability to meet specified deadlines, and the overall project approach, and will appreciate the opportunity to converse with individuals who will act as the primary contacts for the project.

3. Fee Proposals and Final Selection: The City will attempt to negotiate a contract with the highest ranked firm, following the interview process.

2.2. Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Firm Capabilities and References for

Similar Work Completed by Proposed

Team

1. Provide an overview of your company’s history. Include information on management, firm size, number of employees, years in business, location of working office, and other DBA’s.

2. Provide references for projects of similar size and scope: include the name, current phone number and email address of the owner’s project manager for each project listed. Provide total dollar amount and a brief summary of the work performed, listing any sub-consultants you may have partnered with.

3. Demonstrate experience in overseeing and coordinating multiple, concurrent projects.

4. Discuss your firm’s familiarity with the project area and local market.

5. State any MBE/WBE, disadvantaged business enterprise participation.

6. Provide a statement agreeing to provide and maintain insurance per the RFP requirements, if awarded.

7. Disclose any relationships the owner or employees may have that could be construed or perceived as personal or organizational conflicts of interest.

8. Provide a brief summary regarding your firm’s financial stability. Disclose whether or not your firm or any affiliates have filed for bankruptcy or reorganization under bankruptcy laws.

Points Based 20 (20% of Total)

2. Scope of Submission

1. Identify the team members and their respective roles, including any sub-consultants.

2. Describe individual experiences with the City or other government agencies. Detail experience in the

Denver metropolitan and other areas in Colorado.

3. Describe any prior client relationships that were not renewed after the agreed upon term and why.

4. Provide any instances in the past

5 years of client-firm dispute resolution and whether or not the dispute was resolved to the satisfaction of both parties and if not be prepared to explain why.

Points Based 20 (20% of Total)

3. Effective Approach and Timeline

1. Detail your approach in managing work to meet project deadlines, or an expedited schedule if needed.

2. Identify any foreseeable problems in the implementation of the program.

3. Describe how the objectives identified will be achieved.

4. Demonstrate your understanding of the technical requirements.

4. Plan Effectiveness

1. Discuss your customer service philosophy and your firm’s approach toward client communication and reporting.

2. Discuss quality control methodology, including adherence to widely accepted standards.

3. Discuss your firm’s billing procedures, claims processing, reporting, collection, and customer service policies.

4. Detail any value-added services such as reporting, training, public outreach, educational programs, resources, health and safety programs, investments, or service at public events.

Points Based 20 (20% of Total)

5. Price and/or Total Cost of Ownership

1. Provide a detailed statement of fees including individual rates for partners and support staff. Include all reimbursable expenses, which should be assumed to be billed at cost, without mark-up.

2. Outline all rates/fees for staff including fringe benefits, payroll taxes, insurance, and overhead costs.

3. List pricing for any or all of the requested services.

4. Specify a maximum percentage of increase for renewal years subsequent to initial contract.

5. Rates are negotiable.

3. Administrative and Offeror Information

3.1. Proposal Opening, Evaluation, and Award

There is no public opening. Names of each proposer will be posted on OpenGov. Responses will be examined after opening and will be evaluated based on the evaluation criteria. The firm selected for the award will be chosen based on the qualifications and apparent Best Value to the City. The City reserves the right to make multiple awards if deemed in the best interest of the City. No proposal may be withdrawn for a period of sixty

(60) calendar days of the Proposal Opening date.

3.2. Sales and Use Taxes

Don’t include sales or use tax in your proposal, as the City of Wheat Ridge is exempt from City, County, State, and Federal sales and excise taxes. Certificates will be issued upon request. City of Wheat Ridge Sales Tax

Exempt: 98-03515.

3.3. Proposer Qualifications

No response will be accepted from and no contract will be awarded to any person, firm, or corporation that is in arrears to the City of Wheat Ridge, upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply or service bid upon and that they have the necessary financial resources to provide the proposed supply or service.

3.4. Right to Investigate

The City reserves the right to investigate and confirm the proposer’s financial responsibility and technical ability. This may include financial statements, bank references, and interview with past consultants, employees, and creditors. Unfavorable responses to these investigations are grounds for rejection of the proposal.

3.5. No Commitment by the City of Wheat Ridge

This Request for Proposals does not commit the City of Wheat Ridge to award any costs or to pay any costs, or to award any contract, or to pay any costs associated with or incurred in the preparation of a response to this request, or to procure or contract for services or supplies. In acceptance of proposals, the City of Wheat

Ridge reserves the right to negotiate further with one or more of the contractors as to any features of their proposals, and to accept modifications of the work and price when such action will be in the best interest of the

City. This includes solicitation of a best and final offer from one or more of the proposers.

3.6. Proposal Representation

Each proposer must sign the proposal and shall give his or her full business address on the form provided in this request. Proposals by partnerships shall be signed with the partnership name by one of the members or by an authorized representative. Proposals by corporations shall be signed with the name of the corporation, followed by the signature and designation of the president, secretary, or other person authorized to bind it in the matter and shall have the corporate seal affixed thereto.

3.7. Anti-Collusion Clause

No officer or employee of the City of Wheat Ridge, and no other public official or employee who may exercise any function or responsibilities in the review or approval of this undertaking, shall have any personal or financial interest—direct or indirect—in any contract or negotiation process thereof. The above compliance request will be part of all City of Wheat Ridge contracts for this service.

3.8. Insurance

The successful Proposer(s) will be required to execute Certificates of Insurance to be attached to the executed contract documents and which shall become part of the contract as information documents only. The certificates shall provide that the insurance shall not be cancelled or terminated prior to completion of the work and that thirty (30) days’ notice shall be given the City prior to cancellation of policies.

The successful Proposer shall be required to maintain the following insurance coverage:

Certificate Holder:

City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033

Required

City of Wheat Ridge, its officers and employees must be named as an additional insured to general liability policy.

Required

All policies as required shall provide a waiver of subrogation in favor of City of Wheat

Ridge.

Required

Workers Compensation - statutory limits provided by an insurance carrier that is licensed to do business in Colorado. The policy shall contain a Waiver of

Subrogation on behalf of City of Wheat Ridge.

Employer’s liability:

$100,000 each accident $500,000 disease policy limit $100,000 disease each employee

Required

Commercial General Liability

$1,000,000 each occurrence $2,000,000 general aggregate $1,000,000 personal injury $2,000,000 products and completed operation aggregate

If applicable to the scope of work, the following shall be included:

-No exclusion for abuse or molestation -No exclusion for assault and battery -Liquor liability

Required

Builder’s Risk – The Contractor shall insure 100% of the replacement value of the work and materials installed and delivered, plus the replacement value of the work or materials furnished or delivered but not yet paid for by the City, for the life of the contract on an All-Risk basis, subject to the normal exclusions, terms, and conditions of the standard Builder’s Risk insurance policy with an insurance company or companies acceptable to the City. The Contractor shall be responsible for all damage to the work under construction until acceptance of and release of responsibility for the work to the City.

Not Required

Commercial Automobile Liability – including owned, hired, and non-owned vehicles. (If autos are used in the performance of work under this agreement).

Combined single limit for bodily injury and property damage.

$1,000,000 each accident

Required

Professional Liability/Errors and Omissions

$1,000,000 each claim $1,000,000 aggregate

Required

The insurance requirements specified by the City shall remain in effect for the full term of the contract and/or agreement and any extension thereof. Updated

Certificates of Insurance shall be sent to the City during the full term of the contract and/or agreement and any extension thereof.

Required

Any subcontractors must meet the same insurance requirements for the contract or purchase order unless Procurement has approved a deviation.

Required

3.9. Laws and Regulations

All applicable State of Colorado and Federal laws, City and County ordinances, licenses and regulations shall apply to the award throughout, and herein incorporated here by reference.

The Proposer shall confirm its compliance with the 80% Colorado labor requirement of the Keep Jobs in

Colorado Act, H.B. 13-1292, including C.R.S. 8-17-101,et seq.

3.10. Federally Funded Projects

Proposer must complete and submit the Vendor Qualification Form provided with the RFP. Failure to complete this form and submit with response may result in the disqualification of the proposer. The City’s acceptance of this proposal shall be based on information provided by the proposer in the form. For all federally funded projects, Contractor cannot be banned or debarred, per current sam.gov information at www.sam.gov.

3.11. Accessibility

Proposer(s) and subcontractors and solutions will comply with all applicable provisions of §§24-85-101, et seq., C.R.S., [1] and the Accessibility Standards for Individuals with a Disability, as established by the Office of

Information Technology pursuant to Section §24-85-103(2.5).

Any additional costs to add accessibility features will be the obligation of the Proposer, and any addition or change to the Price Proposal will be disallowed.

3.12. Subcontracting

No portion of this proposal may be subcontracted without the prior written approval of the City.

3.13. Sales Prohibited/Conflict of Interest

No officer, employee, or member of City Council shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies, or services—where such officer or employee exercises

(directly or indirectly) any decision-making authority concerning such sale or has any supervisory authority over the services to be rendered. Soliciting or accepting any gift, gratuity favor, entertainment, kickback, or any items of monetary value from any person who has or is seeking to do business with the City of Wheat Ridge is prohibited.

https://ciwheatridgecous.sharepoint.com/sites/Procurement/Shared%20Documents/Templates/ADA%20Template%20Refresh/www.sam.gov

3.14. Modification of Agreement

No modification of award shall be binding upon the City, unless made in writing and signed by authorized agents of both parties.

3.15. Cancellation

Either party may cancel the award in the event that a petition—either voluntary or involuntary—is filed to declare the other party bankrupt or insolvent, or in the event that such party makes an assignment for the benefit of creditors.

3.16. Equal Opportunity

The successful proposer will agree not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry, or physical handicap.

It shall be a condition that any company, firm, or corporation supplying goods or services must be in compliance with the appropriate areas of the Americans with Disabilities Act of 1990 as enacted, and from time to time amended, and any other applicable Federal regulation. A signed, written certificate stating compliance with the Americans with Disabilities Act may be required, upon request, by the City.

3.17. Disadvantaged Business Enterprises

Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. As a recipient of Federal funds, subject to United States Department of Transportation Title VI Regulations at 49 CFR Part 21 the Civil

Rights Act of 1964, the City of Wheat Ridge and its responsible agents, contractors and consultants assure that no person shall on the grounds of race, color or national origin be excluded from participation in the opportunity to bid or be discriminated against in consideration of award of this project. The Unites States has a right to seek judicial enforcement with regard to any matter arising under Title VI, 49 CFR Part 21.

3.18. Common Language

Unless otherwise specified in this document, all words shall have a common language unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. Additionally, words in the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender. The words

“service provider” “firm,” “bidder,” “vendor,” “offeror,” “contractor,” “consultant,” and “proposer” refer to any person, partnership, corporation, or other entity.

3.19. Proprietary Information

The evaluation committee will hold information provided by proposers during the solicitation process in confidence until the date of an award. After that date, proposals will become public record. Proposers may request parts of their proposals to remain confidential and shall indicate as such in the proposal and on the appropriate proprietary or financial pages. All information included in any proposal that is of a proprietary nature must be clearly marked. The City shall be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the proposing firm. An entire proposal shall not be considered proprietary.

3.20. Competitiveness and Integrity

The Procurement Office maintains control of its internal and third-party communications during the procurement process to prevent biased evaluations and compromises of confidential information, and to preserve the competitiveness and integrity of such procurement efforts. Proposers should not disclose their pricing to any employees of the City other than the contract representative. Attempts by proposers to establish informal communication channels regarding this procurement will be viewed negatively and shall result in rejection of the offending firm’s offer.

3.21. Proposal Format

All responses to this Request for Proposals shall use the respondent’s format, except for those pages which have blanks to be filled in by the respondent, or those pages marked for return with proposal. A proposal can be rejected by the City if the submitting firm fails to completely fill in all blanks for evaluation of the proposal or fails to answer all questions. Proposals should be submitted initially on the most favorable terms. All proposals shall be prepared in a comprehensive manner as to content; however, no necessity exists for expensive binders or promotional materials. All costs—including travel and expenses incurred in the preparation of this proposal—shall be borne solely by the proposer.

3.22. Proposal Rejection and/or Partial Acceptance

The City reserves the right to the following:

• Reject any and all proposals.

• Accept other than the lowest price.

• Waive minor defects or technicalities, formalities, and informalities.

• Accept in whole or in part such proposal where it is deemed advisable.

• Make an award on the basis of the apparent greatest benefit to the City of Wheat Ridge.

• Alter the scope of work reasonably until a contract is executed.

3.23. Governing Law

The laws of the State of Colorado shall govern any contract executed between the successful contractor and the City. Further, the place of performance and transaction of business shall be deemed to be in the County of

Jefferson, State of Colorado. In the event of litigation, the exclusive venue and place of jurisdiction shall be the

State of Colorado—more specifically, Jefferson County, Colorado.

3.24. Escalation

All prices/fees/wages offered in response to this RFP shall be firm against any increase for one (1) year after acceptance by the City. For subsequent periods, the City reserves the right to accept or reject the request for a price/fee/wage increase prior to the renewal option period. If the price/fee/wage increase is approved, prices will remain firm for a year from the date of increase, at a minimum.

3.25. Ownership of Contract Products

All products produced from the awarded contract shall be the sole property of the City.

3.26. Funding

There is in effect within the City of Wheat Ridge, Colorado, Section 2-4 of the City’s Code of Laws which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid award. Funding of any awarded contract for any time period after January 1st of the year succeeding the date of entry is expressly contingent upon appropriations being made by the City Council of the City of Wheat Ridge, Colorado. No promise—expressed or implied—is made that such funding will be approved by the City Council, acting in its legislative discretion.

3.27. Independent Contractor

The consulting firm is an independent contractor. Notwithstanding any provision appearing in this RFP, all personnel assigned by the firm to perform work under the terms of this RFP and any subsequent agreement shall be—and remain at all times—employees or agents of the firm for all purposes. The proposer shall make no representation that it is the employee of the City for any reason.

3.28. Employment of Labor

The Proposer and each of the approved sub-consultants shall hire qualified workers for the project who are citizens of the Unites States or legal resident aliens with first preference being given, insofar as practicable, to those having served in the armed forces of the United States and having been honorably discharged or released from active duty therein.

3.29. Due Diligence

Due care and diligence have been used in the preparation of this information and it is believed to be substantially correct. The responsibility, however, for determining the full extent to the exposure and the verification of all information shall rest solely with the proposer. The City is not responsible for any errors or omissions in the specification, or for the failure on the part of the proposer in determining the full extent of exposure.

3.30. Debriefing

After the project award has been made, vendors may contact the City Procurement Manager to request a debriefing on the selection process, as well as a discussion of the strengths and weaknesses of their firm’s proposal.

3.31. Cooperative Procurement

The City of What Ridge encourages and participates in cooperative procurement endeavors undertaken by or on behalf of other governmental agencies including the Multiple Assembly of Procurement Officials (MAPO) and the Cooperative Educational Purchasing Council (CPEC).

Proposers are hereby advised that any member of MAPO/CPEC is permitted to avail itself of this RFP at the prices resulting from the successful award of this RFP.

3.32. Contractor Performance Feedback

The City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’s performance and issue a determination as to whether the City should award the vendor future City contracts.

All contracts will need to be considered as part of the requirement. The following criteria will be evaluated annually for renewable contracts and at contract closeout for one-time agreements:

1. Work completed on time

2. Work completed within budget

3. Work completed as per the Scope of Work

4. Future awards recommendation

3.33. Sample Documents

A sample agreement and invoice are provided in the RFP documents for informational purposes only. Do not complete or enclose with your submission.

THANK YOU FOR YOUR INTEREST IN DOING BUSINESS WITH THE CITY OF WHEAT RIDGE

4. Vendor Response

4.1. Vendor Questionnaire

1. ACKNOWLEDGEMENTS

1.1. Non-Discrimination Assurance Title VI Regulations at 49 CFR Part 21*

Title VI of the Civil Rights Act of 1964 prohibits discrimination of the basis of race, color or national origin by any entity receiving Federal financial assistance.

The City of Wheat Ridge is a recipient of Federal financial assistance and as such, it—as well as all of its responsible agents, contractors and consultants—is required by the United States Department of

Transportation Title VI Regulations at 49 CFR Part 21 (the Regulations) to assure nondiscrimination. The City of Wheat Ridge assures that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, or national origin under any program or activity conducted by the City.

All bidders are hereby notified that the City of Wheat Ridge will affirmatively ensure that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. This applies to all solicitations for bids for work or material subject to the Regulations, and for all proposals for negotiated agreements.

By clicking "Please confirm" below, the bidder agrees as follows:

1. The bidder shall comply with the provisions of Title VI of the Civil Rights Act of 1964.

2. The bidder assures the City of Wheat Ridge that disadvantaged business enterprises are afforded full opportunity to submit bids as sub-contractors or sub-consultants and will not be discriminated against on the grounds of race, color or national origin in consideration for award.

3. The bidder shall comply with all reasonable requests made in the course of an investigation of Title VI, the Regulations and this assurance by the Colorado Department of Transportation, the US Department of Transportation or the City of Wheat Ridge, as a sub-recipient of Federal financial assistance.

4. The bidder agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under Title VI, the Regulations and this assurance.

☐ Please confirm

*Response required

1.2. Non-Collusion Affidavit*

The Contractor, of lawful age, being duly sworn, on oath says that (s)he is the agent authorized by the Bidder to submit the attached bid. Affidavit further states that the Bidder has not been a party of any collusion among

Bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or any Federal, State or Municipal official or employees as to quantity, quality, or price in the prospective

Contract, or any other items of said prospective Contract; or in any discussions between bidders and any

Federal, State or Municipal official concerning exchange of money or other thing of value for special consideration in the letting of a Contract.

☐ Please confirm

*Response required

1.3. Contractor acknowledges they:*

1. Have read the RFP documents thoroughly prior to submitting a proposal,

2. Will fulfill the obligations in accordance to the scope of work or specifications, terms, and conditions,

3. Are capable of performing quality work to achieve the City objectives, and

4. Are submitting without collusion with any other individual or firm.

By clicking "Please confirm" the contractor agrees to the above.

☐ Please confirm

*Response required

2. OWNERSHIP/MANAGEMENT, PROJECT MANAGEMENT, SUPERVISORS, AND RELATED

ENTITIES

2.1. Principle In Charge Name*

*Response required

2.2. Principle in Charge Email*

*Response required

2.3. Type of Business Organization*

☐ Sole Proprietorship

☐ Corporation

☐ Partnership

☐ Limited Partnership

*Response required

2.4. State in which incorporated

2.5. Joint Venture

2.6. Contact Information*

Name, position, and address of contract person regarding the information on this form.

*Response required

2.7. Number of years your firm has done business under current name?*

2.8. Previous Names or Partnerships

Previous firm names and / or partnerships (or firms you have had any interest in), and number of years of each name

3. CONTRACTING HISTORY

3.1. Major Account History*

Attach a list of all major accounts for the past two (2) years. For each account indicate the following:

• Original contract bid amount

• Owner (address, telephone number, and contact name)

• Account services provided

• Litigation or claims related to each project—state nature of claim(s), the parties, the dollar value, the status and outcome—including the value of any judgment(s) or settlement(s)

• Name, address, and phone number(s) of reference(s)

*Response required

3.2. Company Availability*

List major equipment, facilities, number and type of employees available for City contract work. Specify type of work normally done by your forces, and type of work you normally subcontract.

*Response required

3.3. Have you ever terminated or abandoned any work prior to completion, or had work completed by others?*

☐ Yes

☐ No

*Response required

When equals "Yes"

3.3.1. If yes, describe the situation*

*Response required

3.4. Has your firm—or any firm you have had any interest in—ever been debarred or prohibited from contract work with any government or private institution?*

☐ Yes

☐ No

*Response required

When equals "Yes"

3.4.1. If yes, describe the situation:*

*Response required

3.5. City Staff will evaluate all qualification forms. The evaluation will include the following:*

• Verification of statements and information provided

• Ability to perform work of similar nature

• Financial stability and capability

• Any pattern of controversy, poor management, delayed claims, late completion, inferior service or equipment, or other undesirable characteristics

This qualification process is not intended to restrict competition.