biddoc.pdf

CITY OF BOULDER, COLORADO

Finance Department / Purchasing Division 1136 Alpine P.O. Box 791 Boulder, Colorado 80306 Telephone: 303-413-7105 Email: vanausalm@bouldercolorado.gov

REQUEST FOR PROPOSALS

RFP NO. 34-2026

Demolition and Full-Structure Deconstruction Services

ISSUE DATE: September 3, 2026

DUE DATE: 4:00 PM, October 1, 2026

Proposals must be electronically saved to the Bidnet website PRIOR TO Proposal Due Date and Time above.

CONTACT:

Hollie Hendrikson

303-441-3134 hendriksonh@bouldercolorado.edu

CITY OF BOULDER

mailto:vanausalm@bouldercolorado.gov mailto:hendriksonh@bouldercolorado.edu

City of Boulder, CO RFP No. 34-2026

Table of Contents

NOTICE OF REQUEST FOR PROPOSALS - RFP NO. 34-2026

INSTRUCTIONS TO PROPOSERS AND PROCUREMENT SCHEDULE

SCOPE OF SERVICES

PROPOSAL CONTENT

EVALUATION CRITERIA

ACCEPTANCE OF TERMS AND CONDITIONS

NON-COLLUSION CERTIFICATE

FORM OF AGREEMENT

NOTICE OF REQUEST FOR PROPOSALS - RFP NO. 34-2026

Demolition and Full-Structure Deconstruction Services

The City of Boulder (“City”), by the Housing and Human Services Department is seeking proposals from qualified firms to provide demolition and full-structure deconstruction services at two properties: 5150 Valmont Road and a property within the Ponderosa Mobile Home Park. The selected Contractor will be responsible for safely and efficiently removing the identified structures, managing required permitting and utility coordination, complying with applicable City, State, and federal requirements, and leaving each site in a clean, safe, and stable condition suitable for the City’s future use. Due to the site-specific nature of the work, proposers will be required to attend a mandatory site visit at both locations and are expected to use their professional expertise to identify appropriate means, methods, sequencing, and site-specific considerations for completing the work.

Bidnet – Required. Solicitation documents will be issued electronically only. A copy of this Request for Proposals (RFP) must be obtained only from the Rocky Mountain E-Purchasing System at:

www.bidnetdirect.com/colorado (aka Bidnet). Any modifications to this RFP or addenda pertaining to this RFP will be published to the above-mentioned website(s), and all proposers are responsible to periodically check these websites for relevant updates prior to the submittal of a proposal.

The City will only accept electronic submissions saved to the Bidnet website in response to this RFP. Electronic submissions to the Bidnet website are required to be considered for an award. To submit your RFP online, please visit www.bidnetdirect.com/colorado. Please authorize receiving notices through Bidnet relating to this procurement.

Insurance. This solicitation includes desired contractual insurance provisions. The City is open to alternative insurance policies and considerations. Proposers should not avoid proposing merely due to insufficient insurance.

The City is open to alternative policy limits or language, subject to ultimate approval of the City's Risk Manager.

Deadline. The submission deadline is Thursday, October 1, 2026, at 4:00 p.m. This deadline is mandatory.

You must save your submission to the Bidnet website before the deadline. Failure to do so may result in an inability to submit that is automatically implemented in the software. Except as set forth herein, no exceptions will be allowed. The City specifically reserves the right to reject late submissions.

Technical Submission Issues. In extraordinary circumstances, the City may permit late submissions if the City, in its sole discretion, determines the proposer has shown good cause due to technical issues. If you experience problems submitting your electronic response, please contact the Bidnet Direct technical support team (800-835- 4603) prior to the submission deadline and document the technical errors and your efforts to resolve the same before such deadline. Proposers are encouraged to document that their Bidnet submission was saved in case technical issues arise or are later discovered. Your documentation may include e-mailing your submission to Purchasing@bouldercolorado.gov provided such submission is e-mailed by the deadline or immediately upon discovery of the issue. By this paragraph, the City does not guarantee it will accept submissions that experience technical issues.

Costs. Proposals shall be prepared at the proposer’s expense.

http://www.bidnetdirect.com/colorado

Public Record. Proposals are public records and subject to disclosure under the Colorado Open Records Act

(CORA).

Confidential Data. All materials are presumed to be public records. However, confidential data, if unambiguously identified as such, will be held confidential upon request if: (1) it is clearly and unambiguously identified in writing, (2) the request is made as part of the proposal, and (3) if the City Attorney determines the data meets the requirements of the Colorado Open Records Act. The City’s Access to Public Records Policy, which includes policies about release of solicitation records, can be found on the City’s Central Records web page under the heading Additional Resources.

Preference. Preference is given to labor, materials, supplies, or provisions produced, manufactured, or grown in Colorado, quality and price being equal to articles or services offered by competitors outside the State of Colorado.

Digital Accessibility. If the services described herein include information technology or digital content that must be made “accessible,” the successful proposer must agree, if requested by the City, to undertake such reasonable efforts that may be needed of the successful proposer to adapt and convert work product to ensure it is accessible within the meaning of §§ 24-85-101, et seq., C.R.S., and its implementing regulations. For contracts for which the provision of information technology comprises a primary or material component of the service (such as software and web services) the City anticipates requiring that the successful proposer agree to ensure legal compliance, subject to limited exceptions.

Equal Opportunity. The City does not discriminate on the grounds of race, creed, ancestry, religion, religious expression, color, sexual orientation, gender identity, gender expression, genetic characteristics, marital status, age, sex, mental or physical disability, or national origin in consideration of an award. Disadvantaged business enterprises are afforded a full opportunity to submit proposals.

Socially-Responsible Procurement. The City is committed to socially responsible procurement and promoting social equity through our contracts. We work to ensure open and fair procurements, competitive and fair pricing, environmentally sustainable solutions, and encourage members of the underserved business community to participate in our competitive solicitations.

City’s Reserved Rights. For avoidance of doubt, the City reserves the following rights:

• Right to Supplement. At any time prior to award, the City reserves the right to supplement or modify its solicitation with additional or different information, questions, contract language, or any other materials the City deems prudent to include in the supplementation. Such supplementation or modification includes the right to modify the procurement schedule at any time. Supplementation or modification will likely occur through Bidnet but may occur by email contact to proposers if the deadline has passed.

• Right to Reject. The City reserves the right to reject any proposal that fails to meet the requirements described herein, the requirements or criteria in the City’s Purchasing Ordinance or in the City’s Purchasing Policy Manual, as such ordinance or policy manual may be amended from time to time, or any other pertinent standard or criteria established by City. The City further reserves the right to require new https://bouldercolorado.gov/services/central-records https://library.municode.com/co/boulder/codes/municipal_code?nodeId=TIT2GOOR_CH8PUPR proposals or reject any proposal if the City believes it would not be in the best interest of the project or services set forth in this RFP to make an award to a given proposer. This right to reject includes the right to reject any proposer who appears on one or more lists designating the proposer as a debarred or suspended entity or individual for other public procurements.

• Right to Waive Irregularities. The City may waive or decline to waive any informality or irregularity contained in any proposal.

• Right to Revoke or Cancel Award. At any time prior to the successful proposer and the City entering into a written and signed contract, the City reserves the right to revoke or cancel the award. If, for any reason, the City and a successful proposer are unable to come to terms of agreement, the City may, in its sole discretion, either award to the next highest scoring proposer or cancel this solicitation.

• Right to Negotiate Changes in Scope or Services. The City may negotiate changes to the services or work offered by the successful proposer as part of the contracting or amendment to contracting processes.

In the event such negotiations result in a material increase or decrease to services or work and this proposal requires a fixed fee, lump sum, or not to exceed value, the City and the successful proposer will need to agree to adjusting total fees on a pro rata basis as part of the contracting process.

• Right to Make Partial Award. The City may award the contract by sections or in portions and reserves the right to adopt all or part of a proposal.

Verbal Communications. Any verbal communications proposers may receive about this solicitation are non-binding upon the City. Vendors should rely only upon written statements issued by the authorized City representatives listed in the Instructions to Proposers and Procurement Schedule section of this RFP or a member of the City’s Purchasing Division.

Unauthorized Contacts. A proposer’s unauthorized contacts with City staff about this solicitation may result in disqualification of the proposer.

Contract Terms. All awards are subject to the awarded proposer and the City successfully negotiating and entering into a written and signed contract. The City’s award to a successful proposer does not constitute consent by the City to either (1) any revised terms or conditions contained in exceptions, or (2) any terms or conditions contained in the proposal of the successful proposer.

In some instances, contract terms are resolved by appending this solicitation and the successful proposal to the contract template attached hereto. However, most contracts necessitate development of a scope of work that further refines and clarifies the services. Proposal language may merit modification to contract terms, even where a proposer has not made exceptions. While the City’s position is that, generally, failure to make exceptions results in a waiver of the ability to later claim those exceptions, the City reserves the right to modify the contract as the City and the successful proposer deem appropriate.

In the event of any conflict between this RFP and the contract entered into by and between the City and the successful proposer, the terms and conditions of the contract shall control.

THIS RFP IS NOT A COMPETITIVE SOLICITATION BASED ON PRICE ONLY. The RFP allows the City to select the service provider that best meets the needs of the City, taking into consideration proposer qualifications, price, products, and service capabilities and other factors relevant to the City’s ordinances, policies, programs, administrative resources, and budget.

Waiver. All proposers agree that damage or claim shall not be brought by any proposer because of rejections, and the proposers shall not seek any recourse of any kind against the city because of such rejections. The filing of any proposal in response to this RFP shall constitute a binding agreement of the proposer to these conditions.

CONSENT TO PROTEST & APPEAL PROCESS AND REMEDIES

Protests, appeals and remedies under this solicitation are governed by Colorado Revised Statutes (C.R.S.)

§§ 24-109-101.1 through 108, C.R.S. (protests and other pre-litigation resolution of controversies) and §§ 24-109-201 through 206, C.R.S., (appeals), § 24-109-301, C.R.S. (interest accruing on costs), and §§ 24- 109-501 through 505, C.R.S. (remedies), as adopted or amended. Such sections apply in their entirety, except for the City’s purposes, (1) all references to the “state” shall be to the “city”, (2) the City’s assigned purchasing agent renders the City’s initial written decision, and (3) the City’s Purchasing Manager renders the final agency determination upon any appeal therefrom, as well as any other functions and decisions of the “executive director” referenced in those sections.

As described in the statutes referenced, protests and appeals must be made in writing within ten (10) business days. Protests must be timely submitted as e-mail attachments to the purchasing agent for this solicitation at the following e-mail address:

Michael Van Ausdal vanausdalM@bouldercolorado.gov

Any subsequent appeals from the purchasing agents’ initial determination must be timely submitted within ten (10) business days of the initial decision as e-mail attachments to the Purchasing Manager at the following e-mail address:

Brenda Richey RicheyB@bouldercolorado.gov

In addition, this solicitation is subject to limitations of remedies set forth in §§ 24-109-501 through 505, C.R.S., including, specifically, § 24-109-505, C.R.S. Those remedies are limited to, in summary, the authority of the City to ratify, terminate, or cancel the solicitation, award, or contract, and, if ratification occurs, a successful aggrieved party’s limitation of remedies to its reasonable costs incurred in connection with the solicitation, including bid preparation costs, plus interest on those costs.

By responding to this solicitation, proposers agree to the protest and appeal processes, requirements, and time limitations, as well as the limited remedies, set forth in the statutes above and as described herein.

Dated this September 3, 2026.

City of Boulder, Colorado

A Municipal Corporation

INSTRUCTIONS TO PROPOSERS AND PROCUREMENT SCHEDULE

1. Proposers responding to this RFP must submit their proposals as specified in this solicitation.

2. One electronic copy of the proposal must be submitted online through Bidnet (www.bidnetdirect.com/colorado) and must be addressed to the City contact listed below. Proposers are strongly encouraged to familiarize themselves with the Bidnet website in advance of the proposal deadline.

3. Proposals must be dated and signed by a duly authorized partner or corporate officer, with that person’s name and title clearly identified. All proposal terms, conditions, contents, fees, and charges shall be guaranteed by the proposer for a minimum of ninety (90) days from the date of submission of the proposal to the City.

4. Proposers who have questions concerning the scope of work or services or other requirements set forth in this RFP shall contact the following City representative:

Hollie Hendrikson Housing Policy Senior Project Manager Housing and Human Services Department City of Boulder Phone: 303-441-3134 Email: hendriksonh@bouldercolorado.gov

5. The above-referenced individual is the only representative of the City with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. Contact with any other employee of the City of Boulder regarding this project is not authorized. Any information obtained from other than an authorized City representative shall be considered invalid in the preparation of a proposal for this project.

6. Proposers who have questions or need clarifications about this solicitation must submit written questions by email to the above-listed City representative. Questions must be received by 5:00 PM (Mountain Time) on the deadline set forth in this solicitation. All questions and answers will be posted as an addendum on Bidnet. Proposers should rely only on written statements issued via addendum on Bidnet.

7. Before submitting a proposal, each proposer shall:

• Examine the contract documents thoroughly.

• Become familiar with federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the work.

• Study and carefully correlate the proposer’s observations with the contract documents.

• Notify the project manager of all conflicts, errors, omissions, ambiguities, or discrepancies in or among the contract documents.

mailto:hendriksonh@bouldercolorado.gov

8. All proposals timely submitted shall become the property of the City and shall be retained in accordance with the City’s records retention schedule. The City is a Colorado governmental entity and therefore, all information included in proposals and other written information submitted by the proposer to the City is subject to the provisions of the Colorado Open Records Act (“CORA”). Proposers should expect that the proposal may be viewed by the general public and competitors once submitted to the City, subject to the City’s Access to Public Records Policy. Merely marking information as “confidential”, “proprietary”, or otherwise stating a written intent to protect the information from disclosure is not necessarily sufficient to prevent disclosure under CORA.

9. Procurement Schedule (all times Mountain Time):

RFP Issued ………………………………………………. September 3, 2026 Mandatory Site Visit …………………………………….. September 10, 2026, 2:00-4:00 pm* Written Questions Due…………………………………… September 14, 2026, by 5:00 pm Responses to Written Questions Posted………………….. September 18, 2026 Proposals Due ……………………………………………. October 1, 2026, at 4:00 pm Review of Proposals……………………………………… October 2, 2026 (estimate) Successful Proposer Selected……………………………… October 12, 2026 (estimate)

*This pre-proposal site visit is mandatory. Attendees at this mandatory pre-proposal meeting are responsible for signing-in on site to confirm attendance at the event.

The City will not respond to written questions submitted after the deadline unless it determines doing so is necessary or prudent for allowing all proposers to understand the services, needs of the City, scoring, or other aspect material to proposers’ responses.

Should the proposal submission deadline change, all prospective proposers will be notified through an addendum issued by the City and posted to www.bidnetdirect.com/colorado.

10. Site Visit (Mandatory)

Bidders are responsible for ensuring their attendance is documented, including by signing any provided sign-in sheet or otherwise checking in for online or in-person meetings so that City representatives understand bidder’s representative is in attendance. This may require provision of company name, attendee name, and contact information.

The Mandatory Site Visits will be held on Wednesday, September 10th, 2026 at 2:00PM (MDT) at 5150 Valmont Rd., Boulder, CO 80301 and Ponderosa Mobile Home Park – 4475 Broadway, Boulder, CO 80304.

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SCOPE OF SERVICES

Please Note: The following scope of services for outline purposes only and has not been reviewed or approved by legal counsel. The City can (and most likely will) work with the selected proposer in refining, clarifying, and adding details and responsibilities the final contract, including changes required by the selected proposer.

I. PROJECT OVERVIEW. The City of Boulder’s Housing and Human Services Department is seeking proposals from qualified firms to provide demolition and full-structure deconstruction services at two City-owned properties.

The first property is located at 5150 Valmont Road, across from the Valmont Bike Park to the north, and surrounded by the Valmont City Park on the west, south, and east. The City of Boulder Housing and Human Services Department purchased a 41,839 square foot (0.96 acre) site with the intention of developing an affordable for-sale modular townhome community. The building located at 5150 will be demolished as a part of this effort.

The second property is in the Ponderosa Mobile Home Park. The city purchased the 6.2-acre mobile home community in 2017. The mobile home park’s original office and park manager’s apartment are in this area and need to be demolished. The approximately 2,600-square-foot, building dates to the mid-1950s, and staff has ordered an asbestos test to help determine the scope of the demolition requirements.

Qualified contractors interested in responding to this RFP will be required to attend a mandatory site visit at both locations. The purpose of the site visit is to allow prospective contractors to inspect existing site conditions, identify potential constraints and hazards, evaluate access and utility conditions, and develop a proposed approach, schedule, and cost for completing the work.

The City has established minimum requirements for the demolition and deconstruction work;

however, the City recognizes that qualified demolition and deconstruction contractors possess specialized expertise regarding the means and methods necessary to safely and efficiently complete the work. Respondents are therefore encouraged to identify site-specific conditions, risks, recommended approaches, and other considerations that may affect the scope, cost, or schedule of the work.

II. TASKS. The selected Contractor will complete the following tasks

A. Complete Pre-Construction Assessment and Planning

The selected Contractor will be expected to conduct an on-site assessment of each property prior to commencing work to do the following:

• Review available City-provided information regarding the structures, utilities, site conditions, and known hazardous materials.

• Identify site-specific conditions that may affect demolition, deconstruction, removal, hauling, disposal, recycling, or site restoration.

• Identify anticipated utility disconnections and coordinate with applicable utility providers.

• Identify any anticipated hazardous materials and coordinate required testing, abatement, handling, and disposal in accordance with applicable federal, state, and local requirements.

• Identify materials suitable for salvage, reuse, donation, or recycling consistent with the

City's deconstruction and zero-waste requirements.

B. Permitting and Regulatory Compliance

The Contractor shall obtain and/or coordinate all permits, approvals, inspections, and other authorizations required to complete the work, unless specifically identified as a City responsibility.

At a minimum, the Contractor shall comply with:

• City of Boulder building and demolition/deconstruction requirements;

• City of Boulder construction and demolition waste diversion requirements;

• City of Boulder deconstruction requirements;

• Colorado Department of Public Health and Environment requirements;

• Applicable utility requirements;

• Applicable OSHA requirements; and

• All other applicable federal, state, and local laws, regulations, codes, and ordinances.

C. Structure Deconstruction and Demolition

The Contractor shall:

• Perform full structure deconstruction/demolition of the identified structures at each property.

• Remove the structures and associated building components, materials, fixtures, equipment, and debris, as identified through the site assessment and approved work plan.

• Conduct the work in a manner that protects adjacent properties, infrastructure, utilities, streets, sidewalks, parks, and other public facilities.

• Maintain appropriate dust, noise, erosion, sediment, and debris controls.

• Secure the work area and restrict unauthorized access.

• Remove and appropriately handle materials designated for reuse, recycling, donation, or disposal.

• Load, transport, and dispose of materials at appropriately licensed facilities.

• Maintain documentation of materials reused, recycled, donated, and disposed of.

D. Site Clearing and Restoration

The Contractor shall:

• Remove demolition debris and other materials resulting from the work.

• Remove foundations, slabs, footings, utility connections, and other below-grade improvements as required by applicable permits and approved plans.

• Cap or otherwise address abandoned utility connections in accordance with applicable requirements.

• Backfill excavated areas as required.

• Rough grade disturbed areas to provide a stable and safe surface.

• Remove temporary fencing, equipment, and construction materials upon completion.

• Leave each property in a clean, safe, and stable condition suitable for the City's subsequent use and development.

III. DELIVERABLES.

The Contractor hired for this project will be responsible for:

• Site assessment and proposed work approach for each property.

• Required permits and approvals, including documentation of approvals.

• Deconstruction/zero-waste plan and associated documentation.

• Utility disconnection documentation, as applicable.

• Hazardous materials documentation, including asbestos-related documentation and abatement records where applicable.

• Demolition/deconstruction schedule.

• Site safety and security plan, as appropriate.

• Waste diversion documentation as defined by City regulation, including quantities and disposition of materials.

• Final site condition documentation, including photographs.

• Final completion report documenting completion of the work and disposition of materials.

IV. REPORTING OBLIGATIONS.

The Contractor shall communicate regularly with the City staff throughout the project and shall provide timely notice of any conditions that may affect project cost, schedule, safety, regulatory compliance, or the City's ability to proceed with subsequent development activities.

At a minimum, the Contractor shall provide:

• A pre-construction meeting with the City;

• Notification of anticipated commencement of work at each site;

• Weekly schedule/status updates during active demolition and deconstruction activities;

• Immediate notification of any significant safety incident, utility conflict, hazardous material discovery, environmental condition, or other unforeseen condition;

• Notification of substantial completion at each site; and

• A final completion report and documentation of waste diversion and material disposition

V. SCHEDULE. Respondents shall provide a proposed schedule identifying the anticipated duration of work at each property, major milestones, permitting and approval activities, and the anticipated completion date. The City reserves the right to establish or modify required completion dates based on project needs.

PROPOSAL CONTENT

Considering the goals and objectives outlined above, the City is asking each proposer to prepare their individual approach to accomplish the program goals.

The proposal must contain all of the following information, in the same sequence as presented below. Each proposal should be straightforward and as concise as possible to satisfy the requirements of this RFP. Please limit the length of proposal sections to the maximum pages noted.

1. Cover Letter – Limit the cover letter to one (1) page maximum.

A cover letter explaining the most critical reasons your company should be considered for the project. Include the City RFP number.

2. Project Approach – Limit section to five (5) pages maximum.

Using the Scope of Services section, provide a concise explanation of the company’s ability to perform required work. Please include the following:

o Understanding of the project.

o Proposed approach to demolition and deconstruction at each site.

o Approach to regulatory compliance and permitting.

o Site specific considerations, risk, and management approaches.

o Schedule of work.

o Describe the use and coordination of subcontractors (if applicable).

3. Recent Service and Current Contacts for Reference Checks – Limit to three (3) pages maximum and include:

- Details of at least 3 years of experience performing building demolition/deconstruction;

- Experience completing projects subject to municipal permitting requirements;

- Experience within City of Boulder/ and experience with deconstruction requirements

- At least three references for comparable projects with contact information of reference.

4. Service Team – Descriptions and Resumes – No Page Limit.

- Provide brief background on experience specific to this service. Include a staffing plan with qualifications of individual staff members who will be assigned to any contract, including the role they will fill in the delivery of services and hourly rates for each staff member.

- Provide a statement of staff time commitment to adhere to the targeted project schedule.

What can the City team expect from your team for general correspondence response times? Is your main project manager truly available for this project and can they be responsive?

5. Cost Proposal – No Page Limit.

Please provide a total cost estimate / quote for the services and deliverables listed in the scope of work. Please provide separate bid schedules for each property with an optional combined price. Please identify a schedule of any and all additional fees, costs, and/or expenses related to the service that fulfills the scope of work requirements and deliverables.

6. City of Boulder Acceptance of Terms and Conditions – Complete and submit attached form.

Any requested deviations from the Terms and Conditions in the attached annual services agreement will delay the contracting process and potentially disqualify vendors.

7. City of Boulder Non-Collusion Certificate – Complete and submit attached form.

8. Certificate of Good Standing from the Colorado Secretary of State.

Provide a Certificate of Good Standing with the Colorado Secretary of State. If your company is not registered with the Colorado Secretary of State, include a statement addressing why you are not required to register or promising that, prior to entering into a contract with the City, you will register if the City awards you the contract.

EVALUATION CRITERIA

The City does not discriminate on the grounds of race, religion, color, age, sex, disability, or national origin in consideration of an award. Disadvantaged business enterprises are afforded a full opportunity to submit proposals.

Proposals the City determines fail to respond to a material component of this Solicitation may be rejected.

The award will be granted to the best proposer utilizing the following factors:

1. Technical and Financial Resources. Whether the proposer possesses adequate technical and financial resources to perform the project or services or the ability to obtain the resources required for performance.

2. Experience & Technical Skill. Whether the proposer possesses necessary experience, organization and technical skill in the relevant fields or the ability to obtain them, including, without limitation, arrangements with subcontractors.

Further Explanation. This criterion includes evaluation of technical skill and ability of the proper, and includes consideration of past projects/work, project/work history, demonstration of the understanding of the project/work and ability to complete the same, and references.

3. Approach & Timing. Whether the proposer proposes a reasonable approach to achieve the project or service objectives.

Further Explanation. This criterion includes examination of project schedule, as well as capability to complete the work in timely fashion and according to the City’s needs.

4. Record & References. Whether the proposer has a satisfactory record of performance in developing and implementing similar projects or providing similar services in other jurisdictions.

Further Explanation. This criterion includes evaluation of any reference checks conducted by the City, as well as consideration of any references required by this solicitation.

5. Reasonable Costs. Whether the proposer will perform the project or services at a reasonable cost compared with the level of effort to be expended.

Further Explanation. This criterion includes consideration of the costs associated with the proposer’s services and proposed solutions, along with any terms, conditions, discounts, or opportunities for costs savings required or offered by the proposer that may alter such costs.

Interview – Optional. The City may elect to conduct interviews of one or more proposers. The City may do so to better understand the interviewed proposers, their teams, their approaches, products, and solutions, and any other information relevant to the work or project described in this solicitation. In some instances, the City may request that the interviews include a presentation by the interviewed proposers. In these instances, proposers may prepare PowerPoint or other written materials that may assist the City in understanding and evaluating their bid. Proposers cannot plan on having an interview and, accordingly, are strongly encouraged to include all information necessary for the City’s evaluation in the proposal documents. In the event the City proceeds with interviews, the City will either (1) attribute a separate additional scoring equivalent to 25% of the written scoring, or (2) rescore the interviewed proposers under the original scoring criteria based upon information provided during the interviews. The City reserves the right to include information provided by proposers in the contract documents following award:

The following is a list of the criteria that may be used in the award of this service:

Category Available Points

1. Technical and Financial Resources 20

2. Experience & Technical Skill 20

3. Approach & Timing 20

4. Record & References 10

5. Reasonable Costs 30

Total Possible Score 100

When evaluating proposals, the City may consider any applicable criteria not listed above but that are included in the City’s Purchasing Ordinance or the City’s Purchasing Policy Manual. The City may conduct such investigations as the City deems necessary to assist in the evaluation of any proposal and to establish the responsibility, qualifications, and financial ability of any proposer or their proposed subcontractors and other persons and organizations to do the work in accordance with the contract to City's satisfaction.

The proposer selected as the successful proposer will be expected to enter into a contract with the City in a form approved by the City Attorney’s Office.

NO AWARD IS FINAL UNLESS AND UNTIL THERE IS A FULLY EXECUTED CONTRACT

BETWEEN THE CITY AND THE SUCCESSFUL PROPOSER. If, for any reason, the negotiations with the apparent successful proposer who satisfies all applicable requirements are unsuccessful, the City may terminate those negotiations and begin negotiations with a different proposer in order to contract with the proposer that best meets the needs of the City.

https://library.municode.com/co/boulder/codes/municipal_code?nodeId=TIT2GOOR_CH8PUPR

ACCEPTANCE OF TERMS AND CONDITIONS

Note: Complete and return this page with your proposal.

RFP Title: Demolition and Full-Structure Deconstruction Services RFP Number: 34-2026

The undersigned, as an authorized agent of the proposer, certifies that the proposer:

1. Has received addendums;

2. Is familiar with all instructions, terms and conditions, and specifications stated in this RFP;

3. Is qualified to perform the work and services outlined in this RFP; and

4. Has reviewed the form of agreement attached to this RFP.

Each proposer must indicate exceptions, if any, that its firm takes to any terms and conditions listed in the form of agreement attached to this RFP, as well as the RFP itself. Proposals which take exception to the specifications, terms, or conditions of this RFP or offer substitutions shall explicitly state the exception(s), reasons(s) therefore, and language substitute(s) (if any) in this section of the proposal response. Failure to take exception(s) shall mean that the proposer accepts the conditions, terms, and specifications of the RFP, including the attached form of agreement.

Check the appropriate box below and complete this section as applicable:

☐ My firm takes no exception to the specifications, terms, and conditions of this RFP.

☐ My firm takes exception to the following terms and conditions in this RFP:

Signature

Printed Name

Title

Company Name

Phone No. (Individual)

E-mail (Individual)

NON-COLLUSION CERTIFICATE

Note: Complete and return this page with your proposal.

RFP Title: Demolition and Full-Structure Deconstruction Services RFP Number: 34-2026

The undersigned, being duly sworn, deposes and says that the person, firm, association, partnership-or corporation herein named, has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in the preparation and submission of a proposal to the City of Boulder for consideration in the award of a contract for the project or work described in this RFP.

Signature

Printed Name

Title

Company Name

Phone No. (Individual)

E-mail (Individual)

FORM OF AGREEMENT

Template Revised April 2021

FORM OF AGREEMENT

CONSTRUCTION CONTRACT

BETWEEN

THE CITY OF BOULDER, COLORADO

AND

DATED _______________________, 20__

CONSTRUCTION CONTRACT

This Construction Contract (this “Contract”) is made and entered into this __ day of ________________ 20__ between the City of Boulder, a Colorado home rule municipality (the “City”), and [contractor’s legal name], a [state of incorporation] [form of incorporation] (“Contractor”). The City and Contractor may hereinafter be referred to individually as a “Party” or collectively as the “Parties.

RECITALS

A. In accordance with the City’s purchasing ordinance, the City issued Request for Bids, No. __________, for the construction of ___________________________. The RFB is attached as Exhibit A and incorporated by this reference. The RFB was later amended by Addenda No. ________________, attached as Exhibit A-1 and incorporated by this reference. Together the RFB and Addenda No. _______ constitute the “Work.”

B. Contractor responded to RFB No. ________. Contractor’s response is attached as Exhibit B and incorporated by this reference. The resolution of differences between Exhibit A and Exhibit B shall be addressed in the Special Conditions and shall be considered an amendment to the definition of the Work; however, if such differences are not addressed in the Special Conditions, the definition of the Work shall remain as stated in Recital A, above.

C. The City has determined that Contractor submitted the lowest responsible bid and has selected Contractor to perform the Work, as the same may be modified by Exhibit B.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing and the terms, conditions and covenants included in this Contract, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, agree as follows:

1. The Work. Contractor shall perform the Work pursuant to the terms and conditions of this Contract.

2. Payment. The City shall pay Contractor in current funds for the performance of the Work, subject to additions and deductions by change order as provided in this Contract, the contract price of _____________________________ DOLLARS ($ ____), as set forth in Exhibit B, as amended by _____________, dated .

3. Liquidated Damages for Failure to Complete Work on Time. Contractor recognizes that its failure to complete the Work on time will have a materially adverse impact on the business and operations of the City and damages for such delay would be difficult to calculate. Accordingly, if Contractor fails to substantially complete the Work on time, the City shall be entitled to recover liquidated damages. In that case, Contractor shall be liable for liquidated damages in the sum of ____________DOLLARS ($ ) per day for each and every day that substantial completion of the Work is delayed past the established time limit or limits, including due allowance for any extension of time agreed to by the City. The liquidated damages herein specified are only intended to compensate the City for Contractor’s delay in performance and are not meant to compensate the

Revised April 2021

City for litigation costs or attorneys’ fees incurred by the City, or other incidental or consequential damages suffered by the City due to Contractor’s performance. Contractor’s payment of liquidated damages shall not preclude the City from commencing an action against Contractor for other actual harm resulting from Contractor’s performance that is not due to Contractor’s delay in performance.

4. Additional Terms and Conditions; Federal Aid Provisions. All terms and conditions included in the General Conditions, attached as Exhibit C, and in the Special Conditions, attached as Exhibit D, are incorporated by reference into this Contract. The Special Conditions are additions and revisions to the General Conditions which refer to aspects of particular contracts. In the event that there are inconsistencies between the General Conditions and the Special Conditions, the Special Conditions shall supersede the General Conditions. Federal Aid Provisions. Whenever federal funds are used on the work, the Special Conditions shall set forth the federal funding provisions. In such event the rules and regulations promulgated by the federal department or agency disbursing the funds shall be among the terms and conditions of this Contract and shall be observed by Contractor and shall be taken into account by Contractor in preparing and submitting its bid proposal. In the event of an inconsistency between the contract documents and federal aid requirements, the latter shall govern. When the United States of America provides funds, it may assign inspectors to ensure that the purposes for which the funds were provided are achieved.

However, such activity by the United States does not make it a party to this Contract and shall not modify the rights or obligations of either the City or Contractor hereunder.

5. Order of Precedence.

A. This Contract consists of this contract agreement, the RFB, Contractor’s Response to the RFB, the General Conditions, the Special Conditions, the drawings and specifications, and change orders, addenda and other documents that may be required or specified.

B. To resolve conflicts resulting from errors or discrepancies in these documents, the order of precedence shall be as follows:

1. Change Orders

2. Addenda

3. This Contract Agreement

4. Permitting or Licensing Conditions as interpreted by the Permitting or Licensing Authority

5. Special Conditions (Exhibit D)

6. Drawings (See General Conditions, Section 108)

7. Technical Specifications

8. General Contract Conditions (Exhibit C)

9. Referenced Standard Specifications

10. Request for Bids (Exhibit A)

11. Contractor’s Response to the RFB (Exhibit B)

C. With reference to the Drawings, the order of precedence shall be as follows:

1. Figures govern over scaled dimensions

2. Detail drawings govern over general drawings

3. Addenda/change order drawings govern over Contract Drawings

4. Contract Drawings govern over standard drawings.

6. No Multi-Fiscal Year Obligation. The Parties understand and acknowledge that the City is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Contract does not create a multiple fiscal year direct or indirect debt or obligation within the meaning of TABOR and not withstanding anything in this Contract to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City and applicable law.

Any failure of a City Council annually to appropriate adequate monies to finance the City’s obligations under this Contract shall terminate this Contract at such time as such then-existing appropriations are to be depleted. Notice shall be given promptly to Contractor of any failure to appropriate such adequate monies.

7. Appropriations. [NOTE TO STAFF: INCLUDE ONLY ONE OF THESE

PARAGRAPHS]

The City has appropriated funds to pay Contractor for its Work under this Contract that are equal to or greater than the contract price stated above. [To be used for construction projects that are scheduled to be completed within one fiscal year.]

The amount of funds appropriated to pay Contractor for its Work under this Contract is $_____________. Before Contractor commences any work for which the City has agreed to pay a sum in excess of the appropriated amount stated above, the City shall provide Contractor with a written assurance that funds equal to or in excess of the additional sum have been lawfully appropriated. [To be used for phased construction projects occurring over more than one fiscal year where funds sufficient to pay the full Contract price are expected to be appropriated by the City for fiscal years subsequent to the one in which the Work commenced.] The funds to be used to pay Contractor for its work under this Contract have been raised by issuing bonds.

Appropriations by the City to pay the debt on those bonds may occur subsequent to the date of this Contract. The City shall provide Contractor with a written assurance that each such appropriation has been lawfully made shortly after it occurs. [Include only if the construction projects is funded by bonded indebtedness.]

8. Affidavit of Compliance with Affirmative Action Requirement. Contractor has read Section 12-1-3, B.R.C. 1981, which relates to nondiscrimination, and agrees to comply with its terms so long as Contractor is under contract with the City.

9. Compliance with Keep Jobs in Colorado Act. The Keep Jobs in Colorado Act, C.R.S. § 8-17-101, et seq., requires that Colorado labor shall be employed to perform at least eighty percent of the work on a public works project. Contractor acknowledges this requirement and shall ensure that eighty percent of the work performed pursuant to this Contract shall be performed by Colorado labor.

10. Warranty of Non-Collusion. By executing this Contract, the undersigned warrants that:

A. Contractor has not allowed any competing bidder or employee or agent thereof to see Contractor’s bid or to know of its contents.

B. Contractor has not discussed the contents of its bid with any competing bidder, or any other person who a reasonably prudent person would believe would be likely to transmit information to a competing bidder.

C. Contractor has drafted its bid independently of any competing bidder.

Failure to abide by the above provisions relating to collusion shall render Contractor liable to the City for damages including, without limitation, payment of the bid bond as liquidated damages. In addition, the City may void any contract entered into with a bidder guilty of collusion.

11. Notice. Any notice provided pursuant to this Contract shall be in writing to the Parties at the work site or at the addresses set forth below and shall be deemed given (i) if by hand delivery, upon receipt thereof; (ii) three (3) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested; or (iii) one (1) day after deposit with a nationally-recognized overnight courier, specifying overnight priority delivery. Either Party may change its address for purposes of this Agreement at any time by giving written notice of such change to the other Party.

If to Contractor:

Name:

Title:

Address:

City/State/Zip Code:

If to the City:

Name:

City Project Manager P.O. Box 791 Boulder, Colorado 80306

With a copy to:

City Attorney’s Office 1777 Broadway, Second Floor

P.O. Box 791 Boulder, CO 80306

12. Compliance with Laws. At all times during the performance of this Contract, Contractor shall strictly adhere to all applicable federal, state, county and City laws that have been or may hereafter be established. This shall include, without limitation, the United States Department of Health, Occupational Safety and Health Administration (OSHA) standards. As used in this Section 12, and hereafter, the term “laws” shall include, without limitation, all federal, state and City codes, charters, ordinances, laws, standards, rules, regulations and permits.

13. Discrimination in Employment Practices Prohibited. Pursuant to Section 12-l-3, B.R.C. 1981, Contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation, gender variance, marital status, religion, ancestry, mental or physical handicap, or age, except when sex or age or absence of mental or physical handicap is a bona fide occupational qualification, and, in the instance of a handicap, no reasonable accommodation can be made. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to the above-mentioned characteristics. Such action shall include, without limitation, the following: employment, upgrading, demotion, transfer, recruitment and recruitment advertising, lay-off and termination, rate of pay and other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places on the work site notices setting forth this non-discrimination clause. In the event of Contractor’s non-compliance with the foregoing non-discrimination clause, this Contract may be canceled, terminated, or suspended in whole or in part, and Contractor may be declared ineligible for future City contracts.

14. Immunity. Notwithstanding any other provision of this Contract to the contrary, no term…