biddoc.pdf

Rev. 10/15

Request for Bids

City of Commerce City, Colorado

Department of Public Works

Project: Stormwater Locates

Project No.: IFB-PW-26-038

Bid Submission Date: August 28, 2026

Table of Contents

1. ADVERTISEMENT AND REQUEST FOR BIDS

2. INSTRUCTIONS TO BIDDERS

3. SCOPE OF WORK

4. BID FORMS

Attachments:

A. DRAFT CONTRACT AGREEMENT

B. EQUIPMENT DECLARATION

ADVERTISEMENT AND REQUEST FOR BIDS

The City of Commerce City is seeking competitive bids for Stormwater Locates as outlined in the

Scope of Work throughout the term of the contract.

The City uses the Rocky Mountain E-Purchasing System (BidNet) in the advertisement and facilitation of solicitations. Respondents must only rely on documents provided online through

BidNet or received directly from the Procurement official. Bids must be submitted online through

BidNet.

www.bidnetdirect.com//city-of-commerce-city

Sealed bids must be submitted online through BidNet prior to 2:00 pm MT on Friday, August 28, 2026, at which time bids will be publicly opened and read. Bidders are invited, but are not required, to attend the virtual bid opening.

Public Bid Opening Meeting Information:

Microsoft Teams

Join: https://teams.microsoft.com/meet/270463565413760?p=4j9cVU0hxTow9h0YGS

Meeting ID: 270 463 565 413 760

Passcode: oN6ib3fA

A copy of the Invitation for Bids and any related materials may be obtained from the Rocky

Mountain E-Purchasing System (http://www.rockymountainbidsystem.com).

http://www.bidnetdirect.com/city-of-commerce-city https://teams.microsoft.com/meet/270463565413760?p=4j9cVU0hxTow9h0YGS http://www.rockymountainbidsystem.com/

INSTRUCTIONS TO BIDDERS

All Bidders submitting Bids in response to this Invitation for Bids (including its attachments and any Addenda) (“IFB”) shall follow these instructions. Failure to follow these instructions may result in the rejection of a Bid.

1. Procurement Items

The solicitation process will follow the schedule below.

Publication of IFB Monday, August 10, 2026

Deadline to Submit Questions Friday, August 21, 2026, at 5:00pm MT

Deadline to Submit Bid Friday, August 28, 2026, at 2:00pm MT

a. Questions or comments regarding this IFB must be received online through BidNet by the date and time included in the procurement schedule. Responses to questions will be posted on

BidNet as Addenda to the IFB.

b. Modifications to this IFB shall be made solely through Addenda posted on BidNet. Bidders are solely responsible for obtaining Addenda. The City will not be bound by or responsible for any explanations or interpretations of the Contract Documents other than those given through an Addendum to this IFB.

c. Before submitting a Bid, each Bidder must carefully examine the IFB (including any

Addenda), all Contract Documents (including the IFB and any Addenda). If there is any conflict or inconsistency between or within the Contract Documents, Bidders shall advise the

City at least forty-eight (48) hours before the deadline for the submission of Bids identified in the IFB. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve the Bidder from any obligation with respect to its Bid or any provisions of the Contract

Documents. After the submission of a Bid, Bidders shall not assert any misunderstanding concerning the requirements of this IFB.

2. Bid Forms.

a. Bidders must submit unit pricing through BidNet.

b. Bidders must upload:

• Bid Form

• Contractor Reference Form

• Documentation of any exceptions to the draft contract attached.

c. Each Bidder is solely responsible for the accuracy of its Bid.

d. Alternative, conditional, or qualified Bids will not be considered.

e. Each Bidder is required to state in its Bid its full name, legal office address and mailing address (if different), and e-mail address to receive communications relating to this IFB, and shall state the names of all persons interested with it in the Bid, and if no other person be so interested, the Bidder shall distinctly state the fact.

f. If Bidder is an individual, he or she must sign in his or her individual capacity. Bids by partnerships shall be signed with the partnership name followed by the signature and title of one partner or authorized representative. Bids by corporations shall be signed with the name of the corporation followed by the signature and title of the president or other person authorized to bind the corporation. Bids by limited liability companies shall be signed by the manager or member authorized to bind the entity or other authorized representative.

Bids by joint ventures shall be signed by each participant or its authorized representative.

If an authorized representative signs any Bid Form for a Bidder, a copy of a resolution or other signature authorization shall be required for submission of the Bid. Failure to include a copy of the appropriate signature authorization, if required, may result in the rejection of the Bid.

g. Bids shall be made on each separate item of work shown in Item a. and in BidNet. The unit prices are intended to cover all items of work to be done and materials to be furnished to fully complete the Work in accordance with the Contract Documents. The cost of pertinent items of work, labor, materials and equipment, and all other costs (including without limitation sales and use tax, insurance, licenses, permits, profit, and other overhead) shall be considered as included in the unit price Bid.

h. Bidders shall acknowledge receipt of all Addenda. Failure to acknowledge receipt of all

Addenda may result in the rejection of a Bid.

i. The quantities listed in the Bid Forms are approximate and are given only for use in comparing Bids and to indicate approximately the total amount of the Contract.

j. Wherever additive Bid items are called for, Bidders shall submit the amount to be added to the total Bid amount if the alternate is selected. If a Bidder does not wish to provide a

Bid for an alternate item, Bidder should write “NO BID.” Additive Bid items, if any, will be selected by the City at the time of award. The City reserves the right to accept additive

Bid items in any order or combination.

k. The unit price shall govern if there is an error or discrepancy in the extension of the price or in the total Bid amount.

l. Alterations, interlineations, erasures, strikethroughs, and other marks on any Bid Form will be disregarded unless initialed in blue ink by the person signing the Bid.

m. The materials, products, equipment or processes described in the Contract Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. The materials, products, equipment or process specified shall be considered as the basis for the Bid. Substitutions in Bids shall not be considered unless approved prior to the receipt of Bids through an Addendum; failure to obtain advance approval for substitutions may result in the rejection of a Bid. Each request for a substitution shall include: the name of the item for which it is to be substituted; a complete description of the proposed substitute (including trade names, drawings, specifications, cuts, performance and test data and any other information necessary for evaluation); and a statement setting forth any changes in other materials, equipment or Work that incorporation of the substitute would require. The burden of proof concerning the merit of the proposed substitute is upon the selected contractor. The City’s decision of approval or disapproval of a proposed substitute shall be final.

3. Bid Submission, Withdrawal, and Modification.

a. Bids must be received by the City through BidNet no later than the date and time included in the procurement schedule. It is the sole responsibility of each Bidder to ensure its Bid is submitted prior to the deadline. Bids not received at the proper location by the designated date and time will be considered late and will be returned unopened.

b. Bids must be submitted online through BidNet. Bids shall not be submitted via facsimile, e-mail, or by paper submittal.

c. Bids shall consist solely of the pricing provided in BidNet, the Bid Form(s), and Reference

Sheet.

d. No individual or entity shall make or file more than one Bid for the same Work unless alternate bids are required. Bids shall be made without connection with any other person or entity submitting a Bid for the Work, shall be fair in all respects, and shall be made without collusion or fraud. Notwithstanding the foregoing, a person or entity that has quoted prices to any Bidder is not disqualified from quoting prices to other Bidders or from submitting a Bid.

e. Bids cannot be altered after submission.

f. A Bidder may withdraw its Bid only by notarized written request signed by the same person who signed the Bid. A request to withdraw a Bid must be received by the City prior to the date and time stated in the IFB for the submission of Bids. E-mail, faxed, or oral requests for withdrawal will not be considered.

g. All Bids are valid and, after the date and time stated in the IFB for the submission of Bids, cannot be withdrawn until the earlier of ninety (90) days after the bid opening or the date of execution of the Contract Agreement..

h. Neither the City, nor any of its officers, employees, or agents, will be liable for the premature opening of, or any failure to open, any Bid that is not properly addressed or identified.

4. Bid Opening.

a. The City will conduct a virtual bid opening at the date, time, and location identified in the

IFB. Bids will be opened and read aloud but no selection or discussion will occur.

5. Contract Award.

a. The City will select the lowest responsive and responsible Bidder, as determined to be the best value by the City in its sole discretion. The City’s determination of responsibility may include, without limitation, the Bidder’s financial resources, ability to comply with all legal and regulatory requirements, ability to perform the Work and complete the Project on time, history of performance, reputation, ability to obtain necessary equipment, data, and facilities, and any other factor deemed important by the City.

b. The City’s decision is final and without recourse to any Bidder. The issuance of a Notice of Intent to Award will be conditioned on approval of the Contract Agreement by the City

Council of the City of Commerce City if Contract Price is greater than $250,000.00.

c. If a Bid received from a Bidder located within the City (“Local Bidder”) would provide the best value to the City but for the price and the Local Bidder’s price does not exceed, by more than the lesser of five percent (5%) or $5,000, the price of the Bidder whose Bid would otherwise provide the best value, the City may select the Local Bidder. At the time of award, the Local Bidder must be licensed with the City and must be in compliance with the City’s sales and use tax code.

d. The City may conduct any investigation it deems necessary to determine the responsibility of any Bidder, the ability of any Bidder to perform the Work, and the validity of the prices submitted by any Bidder. Bidders will furnish any information requested by the City for this purpose.

e. By e-mail to the address on the Bid Proposal, the City will issue a Notice of Intent to Award to the selected Bidder and provide a Contract to the selected Bidder.

f. Within ten (10) business days of the Notice of Intent to Award, the selected Bidder must: (1) execute the Contract Agreement; (2) provide a Certificate of Good Standing from the Colorado Secretary of State’s Office; (3) provide proof of insurance; and (4) provide a

W-9.

g. The Contract Agreement will not be binding on the City until executed by the City.

6. Miscellaneous.

a. This IFB and the Work shall be governed by C.R.S. 8-17-101 et seq. (relating to Colorado labor employed on public works).

b. The City reserves the right to modify this IFB or the selection process, to cancel this IFB, to accept or reject any Bid for any reason (including without limitation Bidder responsibility and inadequate, unreasonable, or imbalanced Bids), and to waive any informalities or irregularities in any Bid, without liability, at any time. Neither the issuance of this IFB or the receipt and evaluation of Bids obligates the City to select any Bidder or enter into any agreement. No Bid shall constitute business terms of any eventual agreement except as expressly agreed by the City.

c. All Bids shall become the property of the City, will not be returned, and will become a public record. The total cost of Bid preparation and submission shall be borne by the

Bidder.

d. Bidders should not include as a part of the response to the invitation to bid any information which the bidder believes to be a trade secret or other privileged or confidential data. If a

Bidder wishes to include such material with a bid, then the material should be supplied in a separate envelope with “Confidential” marked on the envelope and the appropriate pages.

The City will keep confidential only documents protected from disclosure under the

Colorado Open Records Act (“Act”) as determined by the City or any court. Under no circumstances may an entire Bid be marked or identified as proprietary. By submitting a

Bid, each Bidder agrees to hold the City harmless from any claims arising from the release of proprietary information not clearly designated as such by the Bidder and from any claims arising from the release of documents not protected from disclosure under the Act.

e. Respondents are cautioned not to undertake any activities or actions to promote or advertise their Bids, other than discussions with City staff as described in this IFB. After the release of this IFB, Bidders are not permitted to make any direct or indirect contact with City personnel involved in this IFB, the City Council, or media on the subject of this IFB, except in the course of City-sponsored presentations or as authorized by this IFB. Violation of these rules is grounds for disqualification of the Bidder.

f. The City does not discriminate on the basis of race, creed, color, religion, gender or sex, age, handicap, veteran status, national origin, or ancestry, in connection with this IFB.

SCOPE OF WORK

1. Introduction

The Public Works Department requires professional underground utility locating and marking services for City-owned stormwater management systems and associated infrastructure. The selected Contractor shall provide accurate, timely, and compliant field location services for all subterranean stormwater assets in response to Colorado 811 tickets. The core goal of these services is to prevent structural damage to public drainage systems, avoid localized flooding risks from utility strikes, and satisfy state excavation safety laws across Commerce City.

2. Background

The City of Commerce City owns and maintains an extensive underground stormwater network designed to mitigate flood risks and manage runoff. This network includes deep-drainage conduits, outfalls, and complex connection points that are highly vulnerable to damage during third-party excavation. As a registered facility owner, the City receives continuous locate requests via the Colorado 811 system. Due to expanding commercial development and public infrastructure projects within city limits, the volume of these tickets has risen. This new procurement addresses the need for a dedicated, specialized vendor to manage stormwater-specific locate tickets, ensuring the City meets its legal response windows while protecting critical drainage assets.

3. Objectives

• Ensure continuous compliance with Colorado Revised Statutes (C.R.S.) Title 9, Article

1.5, for all stormwater locate requests.

• Protect the structural integrity of City drainage assets by maintaining a zero-damage threshold from excavation activities.

• Deliver accurate field markings for non-conductive stormwater structures, utilizing advanced inductive and physical tracing methods.

• Provide transparent tracking of ticket response times, completed field verifications, and system clearances.

4. Term of Contract

The Contract shall remain in effect for a term of 12 months or the City terminates the Contract.

The Contract may be extended beyond the initial term for up to four (4) additional 12-month periods at the City’s sole option.

5. City Holidays

City Holidays currently include: New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day After Thanksgiving, Christmas Day.

When New Year’s Day, Independence Day, or Christmas Day falls on a Sunday, the following

Monday shall be considered a holiday. When one of these days falls on a Saturday, the preceding

Friday shall be considered a holiday.

6. Scope of Services

Technical & Marking Standards

• The Contractor shall locate and mark all designated City-owned underground utilities, including but not limited to fiber optic lines, traffic signal conduits, street lighting wires, water lines, and stormwater systems.

• The Contractor shall utilize the American Public Works Association (APWA) Uniform

Color Code for all physical markings.

• The Contractor shall apply high-visibility, exterior-grade paint and/or placement flags depending on surface conditions (e.g., soil, asphalt, concrete).

• The Contractor shall maintain horizontal marking accuracy within the state-mandated tolerance zone of 18 inches from the outer edge of the utility.

Operational Timelines & Responses

• The Contractor shall process and respond to all routine locate tickets within the statutory window of three business days from the time of notice.

• The Contractor shall provide 24/7/365 emergency locate response coverage, with field technicians arriving on-site within two hours of emergency ticket dispatch.

• The Contractor shall update the Colorado 811 positive response system immediately upon completion of field marking or determination of a "clear" status.

Equipment & Personnel Requirements

• The Contractor shall equip all field personnel with industry-standard electromagnetic locating instruments, ground-penetrating radar (GPR), and signal induction clamps.

• The Contractor shall ensure all field technicians hold current certification from an accredited utility locating training program (e.g., NULCA standards).

• The Contractor shall provide field personnel with high-visibility Class 3 safety apparel, marked fleet vehicles, and mobile communication devices.

7. Deliverables

Milestone /

Deliverable Description Due Date / Frequency

Completed Field

Locates

Physically marked utility lines at designated excavation sites matching Colorado 811 ticket boundaries.

Ongoing, within 3 business days for routine tickets

Emergency Ticket

Closures

On-site marking and resolution of high-priority emergency excavation notifications.

Within 2 hours of notification dispatch

Positive Response

Updates

Electronic documentation uploaded to the

Colorado 811 clearinghouse confirming field action taken.

Concurrent with field completion

Monthly Activity

Reports

Comprehensive digital ledger detailing total tickets received, located, cleared, and audited response times.

By the 5th business day of each following month

Damage

Investigation

Reports

Detailed root-cause analysis, photographs, and signal logs for any utility strikes occurring in assigned areas.

Within 24 hours of a reported strike incident

8. Attachments

Attachment A – Draft Contract Agreement

Attachment B – Equipment Declaration

BID FORMS

All Bids shall be submitted on the Bid Forms included in the IFB. All Bids shall be submitted in accordance with the Instructions to Bidders.

BID FORM

Project: Stormwater Locates

Project No.: IFB-PW-26-038

Bidder Legal Name:

Bidder Full Principal Address:

Bidder Phone Number:

Bidder E-Mail Address:

Bid: By submitting this Bid (consisting of the Bid Form(s) and unit prices provided in BidNet), Bidder:

1. Certifies that it has examined the Request for Bids (including all Contract Documents and all Addenda) and is submitting the Bid in full compliance with the Contract Documents;

2. Certifies that the undersigned has checked carefully the figures and words in the Unit Price Form and understands that the City will not be responsible for any error or omissions on the part of the Bidder;

3. Certifies that this Bid is genuine, and not sham or collusive or made in the interest or behalf of any person not named in this Bid and that Bidder has not, directly or indirectly, induced, or solicited any other Bidder to submit a sham bid, or induced any other person, firm or corporation to refrain from bidding, and that

Bidder has not in any manner sought by collusion to secure for itself any advantages over any other Bidder;

4. Agrees that this Bid shall be valid from the earlier of the date of opening to the date of an executed

Construction Contract Agreement or ninety (90) calendar days after the date of bid opening;

5. Agrees to all terms and conditions of the Request for Bids and Contract Documents;

6. Agrees that the Contract Documents are not ambiguous or erroneous and are sufficient in scope and detail to indicate and convey understanding of all terms and requirements of the Work;

7. Waives all rights to claim extra payment or time extensions due to unexpected conditions that could have been determined by site inspection and review of the Contract Documents;

8. Is not relying on oral or written representations of the City except the RFB and any formal addenda to the RFB; and

9. Agrees that, if Bidder is selected to be awarded the Contract, Bidder will:

a. Execute a Contract Agreement as provided in the Contract Documents;

b. Furnish all machinery, equipment, materials, and supplies and pay all incidental costs necessary to provide required materials; and

c. Perform all requirements stated in the Contract Documents.

Addenda: Bidder acknowledges receipt of the following Addenda:

Addendum No. Addendum No. Addendum No. Addendum No.

Interested Principals: The only persons or entities interested as principals in this Bid other than the undersigned Bidder are listed below (if there are none, state such fact): .

Name: Address:

Name: Address:

Respectfully submitted, Bidder Legal Name (SEAL)

Signature

Printed Name & Title a/an corporation/limited liability company/partnership/individual organized under the laws of the State of

_______________________ composed of the following members, managing members, officers, partners or owners:

President/CEO/COO of Corporation or Manager/Managing

Member of LLC or Managing Partner of Partnership

Vice President/CFO/Managing Member/Member/Partner

Secretary/Managing Member/Member/Partner

Treasurer/Managing Member/Member/Partner

CONTRACTOR REFERENCE FORM

Page | 14 of 14

INSTRUCTIONS: List a minimum of three (3) references below.

Refer only projects you have successfully completed and projects of comparable size and scope to this job. The customer for whom you are submitting this bid may be contacting your references. Be sure to obtain permission from the owners whose names you provide.

REFERENCES

Project Title:

Project Cost:

Project Duration: Year:

Reference Name: Title:

Address:

Telephone:

Email Address:

Briefly Describe The Work You Completed:

Project Title:

Project Cost:

Project Duration: Year:

Reference Name: Title:

Address:

Telephone:

Email Address:

Briefly Describe The Work You Completed:

Project Title:

Project Cost:

Project Duration: Year:

Reference Name: Title:

Address:

Telephone:

Email Address:

Briefly Describe The Work You Completed:

ATTACHMENT A

A G R E E M E N T

THIS AGREEMENT is made between the CITY OF COMMERCE CITY, a municipal corporation of the State of Colorado (the “City”) and [NAME], a [State] [type of entity] whose address is [address] (the “Contractor”), jointly (“the Parties”).

The Parties agree as follows:

1. COORDINATION AND LIAISON: The Contractor shall fully coordinate all services under the Agreement with the Director of Public Works or delegatee (the “Department

Director”).

2. SERVICES TO BE PERFORMED:

a. As the City directs, the Contractor shall diligently undertake, perform, and complete the services and produce all the deliverables set forth in Exhibit A, Scope of Services, to the City’s satisfaction.

b. The Contractor is ready, willing, and able to provide the services required by this Agreement.

c. The Contractor shall faithfully perform the services in accordance with the standards of care, skill, training, diligence, and judgment provided by highly competent individuals performing services of a similar nature to those described in the Agreement and in accordance with the terms of the Agreement.

3. TERM: The Agreement will commence on [ ] and will expire twelve (12) months later (the “Term”). The term of this Agreement may be extended by the City under the same terms and conditions by a written amendment to this Agreement for four (4) additional periods of twelve (12) months each. Subject to the City’s prior written authorization, the

Contractor shall complete any work in progress as of the expiration date and the Term of the

Agreement will extend until the work is completed or earlier terminated by the Department

Director.

4. COMPENSATION AND PAYMENT:

a. Budget. The City shall pay, and the Contractor shall accept as the sole compensation for services rendered and costs incurred under the Agreement the line-item amounts set forth in Exhibit A. Amounts billed may not exceed the budget set forth in Exhibit A.

b. Reimbursable Expenses: There are no reimbursable expenses allowed under the Agreement. All of the Contractor’s expenses are included in Exhibit A.

c. Invoicing: Contractor shall provide the City with a monthly invoice in a format and with a level of detail acceptable to the City including all supporting documentation required by the City.

d. Maximum Contract Amount:

(1) Notwithstanding any other provision of the Agreement, the City’s maximum payment obligation will not exceed ____________________________ AND ___/100

DOLLARS ($________________.00) (the “Maximum Contract Amount”). The City is not obligated to execute an Agreement or any amendments for any further services, including any services performed by Contractor beyond that specifically described in Exhibit A. Any services performed beyond those in Exhibit A are performed at Contractor’s risk and without authorization under the Agreement.

(2) The City’s payment obligation, whether direct or contingent, extends only to funds appropriated annually by the Commerce City’s City Council, paid into the

Treasury of the City, and encumbered for the purpose of the Agreement. The City does not by this

Agreement irrevocably pledge present cash reserves for payment or performance in future fiscal years. The Agreement does not and is not intended to create a multiple-fiscal year direct or indirect debt or financial obligation of the City.

5. STATUS OF CONTRACTOR: The Contractor is an independent contractor retained to perform professional or technical services for limited periods of time. Neither the

Contractor nor any of its employees are employees or directors of the City.

6. TERMINATION:

a. The City has the right to terminate the Agreement with cause upon written notice effective immediately, and without cause upon thirty (30) days prior written notice to the

Contractor. However, nothing gives the Contractor the right to perform services under the

Agreement beyond the time when its services become unsatisfactory to the City.

b. Notwithstanding the preceding paragraph, the City may terminate the

Agreement if the Contractor or any of its officers or employees are convicted, plead nolo contendere, enter into a formal agreement in which they admit guilt, enter a plea of guilty or otherwise admit culpability to criminal offenses of bribery, kickbacks, collusive bidding, bid-rigging, antitrust, fraud, undue influence, theft, racketeering, extortion or any offense of a similar nature in connection with Contractor’s business. Termination for the reasons stated in this paragraph is effective upon receipt of notice.

c. Upon termination of the Agreement, with or without cause, the Contractor shall have no claim against the City by reason of, or arising out of, incidental or relating to termination, except for compensation for work duly requested and satisfactorily performed as described in the Agreement.

d. If the Agreement is terminated, the City is entitled to and will take possession of all materials, equipment, tools and facilities it owns that are in the Contractor’s possession, custody, or control by whatever method the City deems expedient. The Contractor shall deliver all documents in any form that were prepared under the Agreement and all other items, materials and documents that have been paid for by the City to the City. These documents and materials are the property of the City. The Contractor shall mark all copies of work product that are incomplete at the time of termination “DRAFT-INCOMPLETE”.

7. WHEN RIGHTS AND REMEDIES NOT WAIVED: In no event will any payment or other action by the City constitute or be construed to be a waiver by the City of any breach of covenant or default that may then exist on the part of the Contractor. No payment, other action, or inaction by the City when any breach or default exists will impair or prejudice any right or remedy available to it with respect to any breach or default. No assent expressed or implied, to any breach of any term of the Agreement constitutes a waiver of any other breach.

8. INSURANCE:

a. Required Policies. Contractor will procure and keep in force the following insurance subject to the conditions below, for the duration of this Agreement:

(1) Commercial General Liability Insurance. Comprehensive general liability insurance insuring against any liability for personal injury, bodily injury or death arising out of the performance of the Services with minimum combined single limits of One Million

Dollars ($1,000,000.00) for each occurrence and Two Million Dollars ($2,000,000.00) general aggregate. The Contractor’s Commercial General Liability insurance shall include explosion, collapse, and underground (XCU) property damage liability coverage—not subject to any XCU exclusions (e.g., ISO CG 21 42/CG 21 43)—with limits of not less than $1,000,000 Combined

Single Limit. This requirement applies to all work involving blasting, excavating, tunneling, subsidence or other underground operations.

(2) Products and Completed Operations Insurance. Products and completed operations insurance insuring against any liability for bodily injury or property damage caused by the completed Services, with a combined single limit of at least One Million Dollars

($1,000,000).

(3) Comprehensive Automobile Liability Insurance. Automobile

Liability coverage with minimum combined single limits for bodily injury and property damage of not less than One Million Dollars ($1,000,000.00) for any one occurrence with respect to each of Contractor’s owned, hired or non-owned vehicles assigned to or used in connection with performance of the Services. If Contractor’s insurance does not cover non-owned or hired vehicles, the requirements of this paragraph shall be met with respect to each such vehicle used in connection with performance of the Service, and Contractor agrees to ensure compliance prior to allowing use of a vehicle not owned by Contractor for such purpose.

(4) Professional Liability Insurance. If Contractor is an architect, engineer, surveyor, appraiser, physician, attorney, accountant or other licensed professional, or if it is customary in the trade or business in which Contractor is engaged, or if the City otherwise deems it necessary, errors and omissions professional liability insurance insuring Contractor against any professional liability with a limit of at least One Million Dollars ($1,000,000.00) per claim and annual aggregate.

(5) Other Insurance. Workers’ compensation insurance (unless

Contractor provides a completed Declaration of Independent Contractor Status Form) and other insurance required by applicable law.

(6) Excess or Umbrella Requirements. For the coverages required in

Section, Contractor shall provide umbrella or excess coverage written on a “follow-form” basis to the underlying policy and in a coverage amount not less than One Million Dollars

($1,000,000.00). In so doing, the coverage shall provide complete protection to the City consistent with the liability limits that may be imposed upon the City pursuant to C.R.S. § 24-10-114, as may be amended.

The limits of any insurance required by this Agreement will not limit Contractor’s liability.

b. Terms of Insurance.

(1) Additional Insured. Except for the professional liability policy, if applicable, and workers’ compensation policy, all required insurance policies shall name the

City as an additional insured and will provide that the City, although named as an additional insured, will nevertheless be entitled to recovery under said policies for any loss occasioned to the

City or its officers, employees or agents by reason of the negligence of Contractor or its officers, employees, agents, subcontractors or business invitees. The insurance policies will be for the mutual and joint benefit and protection of Contractor and the City. Such policies will be written as primary policies not contributing to and not in excess of coverages the City may carry.

(2) Qualification; Deductible. Insurance required by this Section will be with companies qualified to do business in the State of Colorado and may provide deductible amounts as Contractor deems reasonable for the Services, but in no event greater than Ten

Thousand Dollars ($10,000.00), and Contractor will be responsible for the payment of any such deductible.

(3) Cancellation. No such policies will be cancelable or subject to reduction in coverage limits or other modification unless previously approved by the City in writing.

(4) Coverage Type. Contractor will identify whether the type of coverage is “occurrence” or “claims made.” If the type of coverage is “claims made,” which at renewal Contractor changes to “occurrence,” Contractor will carry a twelve (12) month tail.

Contractor will not do or permit to be done anything that will invalidate the policies.

(5) Evidence of Coverage. Before commencing work under this

Agreement, Contractor will provide certificates of insurance policies and all necessary endorsements evidencing insurance coverage required by this Agreement. The City will not be obligated under this Agreement until Contractor provides acceptable certificates of insurance and endorsements. If the Term extends beyond the period of coverage for any required insurance, Contractor will, at least ten (10) days before the expiration of any such insurance coverage, provide the City with new certificates of insurance and endorsements evidencing either new or continuing coverage.

c. Subcontracts. Contractor will include the insurance requirements of this

Agreement in all subcontracts. Contractor will be responsible if any subcontractor fails to procure and maintain insurance meeting the requirements of this Agreement.

9. DEFENSE AND INDEMNIFICATION:

a. Contractor will be liable and responsible for any and all damages to persons or property caused by or arising out of the negligent or willful actions or omissions in the performance of the Services by Contractor, its employees, agents, or other persons acting under the Contractor’s direction or control. Contractor will indemnify and hold harmless the City, as well as its elected and appointed officials current and former officers and employees, servants, volunteers, agents, attorneys, representatives, insurance carriers, and self-insurance pools

(“Indemnified Parties”), from any and all liability claims, demands, actions, damages, losses judgments, costs or expenses, including, but not limited to, attorney fees, which may be made or brought or which may result against any of the Indemnified Parties as a result of or on account of the negligent, grossly negligent, willful and wanton, or intentional actions or omissions of or failure to observe any applicable standard of care by Contractor and/or its employees, agents, or representatives or other persons acting under Contractor’s direction or control. Contractor will include the provisions of this Section in any such subcontracts engaged to perform any part of the

Services. The provisions set forth in this Section will survive the completion of the Services and the satisfaction, expiration or termination of this Agreement.

b. Insurance coverage requirements specified in this Agreement shall in no way lessen or limit the liability of the Contractor under the terms of this indemnification obligation.

The Contractor shall obtain, at its own expense, any additional insurance that it deems necessary for the City’s protection.

10. TAXES, CHARGES AND PENALTIES: The Contractor shall promptly pay when due, all taxes, bills, debts and obligations it incurs performing the services under the

Agreement and shall not allow any lien, mortgage, judgment or execution to be filed against City property.

11. ASSIGNMENT; SUBCONTRACTING: The Contractor shall not voluntarily or involuntarily assign any of its rights or obligations, or subcontract performance obligations, under this Agreement without obtaining the City’s prior written consent. Any assignment or subcontracting without such consent will be ineffective and void and will be cause for termination of this Agreement by the City. The City has sole and absolute discretion whether to consent to any assignment or subcontracting, or to terminate the Agreement because of unauthorized assignment or subcontracting. In the event of any subcontracting or unauthorized assignment: (i) the Contractor shall remain responsible to the City; and (ii) no contractual relationship shall be created between the City and any sub-consultant, subcontractor or assign.

12. INUREMENT: The rights and obligations of the Parties to the Agreement inure to the benefit of and shall be binding upon the Parties and their respective successors and assigns, provided assignments are consented to in accordance with the terms of the Agreement.

13. NO THIRD-PARTY BENEFICIARY: Enforcement of the terms of the

Agreement and all rights of action relating to enforcement are strictly reserved to the Parties.

Nothing contained in the Agreement gives or allows any claim or right of action to any third person or entity. Any person or entity other than the City or the Contractor receiving services or benefits pursuant to the Agreement is an incidental beneficiary only.

14. NO AUTHORITY TO BIND CITY TO CONTRACTS: The Contractor lacks any authority to bind the City on any contractual matters. Final approval of all contractual matters that purport to obligate the City must be executed by the City in accordance with the City’s Charter and the Commerce City Revised Municipal Code.

15. SEVERABILITY: Except for the provisions of the Agreement requiring appropriation of funds and limiting the total amount payable by the City, if a court of competent jurisdiction finds any provision of the Agreement or any portion of it to be invalid, illegal, or unenforceable, the validity of the remaining portions or provisions will not be affected, if the intent of the Parties can be fulfilled.

16. CONFLICT OF INTEREST:

a. No employee of the City shall have any personal or beneficial interest in the services or property described in the Agreement. The Contractor shall not hire, or contract for services with, any employee or officer of the City that would be in violation of any City laws, rules or policies.

b. The Contractor shall not engage in any transaction, activity or conduct that would result in a conflict of interest under the Agreement. The Contractor represents that it has disclosed any and all current or potential conflicts of interest. A conflict of interest shall include transactions, activities or conduct that would affect the judgment, actions or work of the Contractor by placing the Contractor’s own interests, or the interests of any party with whom the Contractor has a contractual arrangement, in conflict with those of the City. The City, in its sole discretion, will determine the existence of a conflict of interest and may terminate the Agreement if it determines a conflict exists, after it has given the Contractor written notice describing the conflict.

17. NOTICES: All notices required by the terms of the Agreement must be hand delivered, sent by overnight courier service, mailed by certified mail, return receipt requested, or mailed via United States mail, postage prepaid, if to Contractor at the address first above written, and if to the City at:

Director of Public Works

City of Commerce City

7887 East 60th Avenue

Commerce City, CO 80022

With a copy of any such notice to:

City Attorney

City of Commerce City

7887 East 60th Avenue

Commerce City, CO 80022

Notices hand delivered or sent by overnight courier are effective upon delivery. Notices sent by certified mail are effective upon receipt. Notices sent by mail are effective upon deposit with the

U.S. Postal Service. The Parties may designate substitute addresses where or persons to whom notices are to be mailed or delivered. However, these substitutions will not become effective until actual receipt of written notification.

18. GOVERNING LAW; VENUE: The Agreement will be construed and enforced in accordance with applicable federal law, the laws of the State of Colorado, and the Charter, Revised Municipal Code, ordinances and regulations of the City of Commerce City, which are expressly incorporated into the Agreement. Unless otherwise specified, any reference to statutes, laws, regulations, charter or code provisions, ordinances, or related memoranda, includes amendments or supplements to same. Venue for any legal action relating to the Agreement will be Adams County, Colorado.

19. COMPLIANCE WITH ALL LAWS: Contractor shall perform or cause to be performed all services in full compliance with all applicable laws, rules, regulations and codes of the United States, the State of Colorado; and with the Charter, ordinances, rules and regulations of the City of Commerce City.

20. LEGAL AUTHORITY: Contractor represents and warrants that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into the Agreement. Each person signing and executing the Agreement on behalf of Contractor represents and warrants that they have been fully authorized by Contractor to execute the Agreement on behalf of Contractor and to validly and legally bind Contractor to all the terms, performances and provisions of the Agreement. The City shall have the right, in its sole discretion, to either temporarily suspend or permanently terminate the Agreement if there is a dispute as to the legal authority of either Contractor or the person signing the Agreement to enter into the

Agreement.

21. NO CONSTRUCTION AGAINST DRAFTING PARTY: The Parties and their respective counsel have had the opportunity to review the Agreement, and the Agreement will not be construed against any party merely because any provisions of the Agreement were prepared by a particular party.

22. ORDER OF PRECEDENCE: In the event of any conflicts between the language of the Agreement and the exhibits, the language of the Agreement controls.

23. INTELLECTUAL PROPERTY RIGHTS: The City and Contractor intend that all property rights to any and all materials, text, logos, documents, booklets, manuals, references, guides, brochures, advertisements, URLs, domain names, music, sketches, web pages, plans, drawings, prints, photographs, specifications, software, data, products, ideas, inventions, and any other work or recorded information created by the Contractor and paid for by the City pursuant to this Agreement, in preliminary or final form and on any media whatsoever (collectively, “Materials”), shall belong to the City. The Contractor shall disclose all such items to the City and shall assign such rights over to the City upon completion of the Project. To the extent permitted by the U.S. Copyright Act, 17 USC § 101, et seq., the Materials are a “work made for hire” and all ownership of copyright in the Materials shall vest in the City at the time the Materials are created. To the extent that the Materials are not a “work made for hire,” the Contractor (by this

Agreement) sells, assigns and transfers all right, title and interest in and to the Materials to the

City, including the right to secure copyright, patent, trademark, and other intellectual property rights throughout the world and to have and to hold such rights in perpetuity.

24. SURVIVAL OF CERTAIN PROVISIONS: The terms of the Agreement and any exhibits and attachments that by reasonable implication contemplate continued performance, rights, or compliance beyond expiration or termination of the Agreement survive the Agreement and will continue to be enforceable. Without limiting the generality of this provision, the

Contractor’s obligations to provide insurance and to indemnify the City will survive for a period equal to any and all relevant statutes of limitation, plus the time necessary to fully resolve any claims, matters, or actions begun within that period.

25. ADVERTISING AND PUBLIC DISCLOSURE: The Contractor shall not include any reference to the Agreement or to services performed pursuant to the Agreement in any of the Contractor’s advertising or public relations materials without first obtaining the written approval of the City. Any oral presentation or written materials related to services performed under the Agreement will be limited to services that have been accepted by the City. The

Contractor shall notify the City in advance of the date and time of any presentation. Nothing in this provision precludes the transmittal of any information to City officials.

26. CONFIDENTIAL INFORMATION: Contractor acknowledges and accepts that, in performance of all work under the terms of this Agreement, Contractor may have access to

Proprietary Data or confidential information that may be owned or controlled by the City, and that the disclosure of such Proprietary Data or information may be damaging to the City or third parties.

Contractor agrees that all Proprietary Data, confidential information or any other data or information provided or otherwise disclosed by the City to Contractor shall be held in confidence and used only in the performance of its obligations under this Agreement. Contractor shall exercise the same standard of care to protect such Proprietary Data and information as a reasonably prudent contractor would to protect its own proprietary or confidential data. “Proprietary Data” shall mean any materials or information which may be designated or marked “Proprietary” or “Confidential”, or which would not be documents subject to disclosure pursuant to the Colorado Open Records

Act or City ordinance and provided or made available to Contractor by the City. Such Proprietary

Data may be in hardcopy, printed, digital or electronic format.

27. CITY EXECUTION OF AGREEMENT: The Agreement will not be effective or binding on the City until it has been fully executed by all required signatories of the City of

Commerce City, and if required by Charter, approved by the City Council.

28. AGREEMENT AS COMPLETE INTEGRATION-AMENDMENTS: The

Agreement is the complete integration of all understandings between the Parties as to the subject matter of the Agreement. No prior, contemporaneous or subsequent addition, deletion, or other modification has any force or effect, unless embodied in the Agreement in writing. No oral representation by any officer or employee of the City at variance with the terms of the Agreement or any written amendment to the Agreement will have any force or effect or bind the City.

29. PROTECTIONS FOR DATA PRIVACY: Contractor shall implement and maintain reasonable security procedures and practices compliant with C.R.S. § 6-1-713.5(2)(a-b) and C.R.S. § 24-73-102(2)(a-b) with respect to any personal identifying information, as defined in

C.R.S. § 6-1-713.5(2)(b) and C.R.S. § 24-73-101(4)( b), disclosed to Contractor in the course of performing the Services. Contractor will notify the City within twenty-four (24) hours of

Contractor’s determination that a security breach has occurred, as defined in C.R.S. § 6-1-

716(1)(c) and C.R.S. § 24-73-103(1)( b), with regard to any personal information, as defined in in

C.R.S. § 6-1-716(1)(g) and C.R.S. § 24-73-103(1)( g),disclosed to Contractor in the course of performing the Services, and will conduct such investigation and provide such notice as required by law in the event of such breach.

30. ACCESSIBILITY.

a. Contractor will comply with and the Services provided under this

Agreement will be in compliance with all applicable provisions of §§ 24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability (“Accessibility Standards”), as established by the State of Colorado Office of Information and Technology (“OIT”) pursuant to §

24-85-103(2.5) C.R.S. Contractor will also comply with all State of Colorado technology standards related to technology accessibility with Level AA of the most current version of the Web Content

Accessibility Guidelines (“WCAG”), incorporated in the State of Colorado technology standards.

b. The City may require the Contractor’s compliance with the State of

Colorado’s Accessibility Standards to be determined by a third-party selected by the City to attest to the Contractor’s Services complying with §§ 24-85-101, et seq., C.R.S., and the Accessibility

Standards established by OIT.

c. The Contractor will indemnify and hold harmless the City, its elected officials, officers, employees, and agents (“Indemnified Parties”) against all costs, expenses, claims, damages, liabilities, court awards, and other amounts (including reasonable attorney’s fees and related costs) incurred by any of the Indemnified Parties in relation to the Contractor’s failure to comply with §§ 24-85-101, et seq. C.R.S. or the Accessibility Standards established by OIT.

31. TIME OF THE ESSENCE: Contractor…