biddoc.pdf

City of Commerce City RFP-CD-26-030 Page 1 of 34 Demolition Services Rev. Sept. 2026

September 15, 2026

REQUEST FOR PROPOSALS

As-Needed Demolition Services

RFP-CD-26-030

City of Commerce City, Colorado Community Development

RFP-CD-26-030 Page 2 of 34 Demolition Services Rev. Sept. 2026

TABLE OF CONTENTS

Section Page

1. INVITATION 3

2. SELECTION SCHEDULE/KEY DATES 4

3. SCOPE OF SERVICES 5

4. PROPOSAL FORM 12

5. EVALUATION CRITERIA & SELECTION PROCESS 15

6. MISCELLANEOUS 16

7. METHOD OF SUBMITTAL 17

8. DRAFT CONTRACT (Attachment A) 18

Exhibits:

Exhibits A & B – Performance and Payment Bonds

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1. INVITATION

The City of Commerce City (“City”) is seeking qualified demolition contractor services for as-needed demolition, removal, disposal, and site restoration of unsafe structures located within the City as described in section 4 of this Request for Proposals (“RFP”).

This RFP provides a general description of services anticipated, submittal requirements, outlines selection criteria and the selection process. A response to this RFP (“Proposal”) should serve as a complete approach to providing the services. Joint submittals are encouraged to ensure the ability to provide all services requested in this scope. Any proposed subcontractors/team members must be identified and their roles clearly defined in the Proposal.

The City intends to execute a contract with an anticipated notice to proceed issued in November 2026. Any selected Respondent will be expected to enter into a Master Services Agreement (Attachment A) with the City consistent with the terms of this RFP.

Submission requirements and deadlines are detailed in Sections 2 and 6 of this RFP:

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.

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

Questions regarding RFP requirements must be submitted online through BidNet prior to the deadline included in Section 2.

The City reserves the right to modify this RFP or the selection process, to cancel this RFP, to reject or accept any Proposal, and to waive any informalities or irregularities in any Proposal, without liability, at any time.

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2. SELECTION SCHEDULE /KEY DATES

The solicitation and selection process includes the following steps and schedule:

Publication and distribution of RFP: Tuesday, September 15, 2026

Question submission deadline:

Wednesday, September 30, 2026 (5:00 p.m. MT)

Proposal submission deadline: Thursday, October 08, 2026, (2:00 p.m. MT)

Review period (anticipated): 2 week(s)

Interviews (if any) (anticipated): Week of November 2, 2026

Selection (anticipated): Friday, November 06, 2026

Respondent submits insurance and other required documentation:

Within ten (10) calendar days of Notice of Intent to Award

Execute contract (anticipated): Monday, November 16, 2026

The City reserves the right to modify this schedule as needed. Date for responses to questions and dates after the submission deadline are anticipated dates; modifications of those will not be posted.

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3. COMMERCE CITY INFORMATION

Community Context

The City of Commerce City, Colorado is located in the rapidly growing Denver-metro area, just eight miles northeast of Denver in Adams County. The city is surrounded by the communities of Brighton, Denver, Aurora, and Thornton, several wildlife parks (Barr Lake State Park to the north and the Rocky Mountain Arsenal National Wildlife Refuge to the east), and the Denver International Airport (DIA). A key feature of the city is its location along major regional travel routes (roadways (I-76, I-270, and E-470), railways (Burlington Northern/Santa Fe and Union Pacific), and air (Denver International Airport)), which has helped to retain a strong industrial base for the city’s economy.

About Commerce City

As one of the state’s fastest growing cities, Commerce City is redefining itself for the next generation, building on historic values of community, industry, agriculture and family. Centrally located Colorado’s bustling Front Range, Commerce City is a Quality Community for a Lifetime, with 25 miles of trails, a championship golf course, 840 acres of open space and parks, one of the country’s largest soccer complexes and the nation’s largest urban wildlife refuge. Learn more at www.c3gov.com.

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4. SCOPE OF SERVICES

A. Purpose: The purpose of this RFP is to obtain qualified as-needed demolition contractor services for the demolition of unsafe structures located within the City. Structures demolished under this contract will first be determined unsafe pursuant to:

International Building Code (IBC) Section 116 Applicable municipal code provisions Orders and determinations issued by the Chief Building Official and authorized

City representatives

B. Term: The contract will be in effect for a period of one year with four additional one-year options.

C. Minimum Requirements

1. The Contractor shall furnish all labor, supervision, equipment, permits, hauling, disposal, environmental compliance measures, traffic control, utility coordination, erosion control, restoration, and incidentals necessary to complete the work.

2. The Contractor must:

a. Hold all applicable licenses required by the State of Colorado and local jurisdiction

b. Demonstrate experience with municipal demolition projects by providing relevant project references with proposal submission

c. Maintain OSHA-compliant safety programs

d. Maintain all required insurance coverage (refer to draft contract, General

Conditions, and Special Conditions for requirements)

3. The Contractor shall provide:

a. Contractor license

b. Business registration

c. Insurance certificates

d. Workers’ compensation coverage

e. References for similar demolition projects

f. Safety program documentation

4. Pre-Demolition Requirements:

Contractor shall:

a. Obtain all required permits

b. Coordinate utility disconnect verification

c. Comply with all environmental regulations

d. Coordinate required inspections

e. Submit all required plans and submittals, including, assessments prepared by a licensed professional engineer, prior to mobilization

Contractor shall verify and document disconnection of:

a. Electric service

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b. Natural Gas

c. Water

d. Sewer

e. Telecommunications and cable services

Written utility disconnect confirmations shall be submitted to the City prior to demolition.

5. Mandatory Pre-Demolition Meeting

Contractor shall facilitate a mandatory pre-demolition coordination meeting with:

a. Building Division

b. Code Enforcement

c. Contractor representatives

d. Project engineer

e. Utility representatives, if required

f. Other City departments as necessary

Topics shall include:

a. Safety requirements

b. Access limitations

c. Traffic control

d. Demolition sequencing

e. Utility verification

f. Emergency contacts

g. Environmental compliance

6. Demolition Scope

a. Structures to be Removed Contractor shall demolish, remove, and abate unsafe structures as needed, including but not limited to:

Primary structures Attached garages Accessory structures Building foundations (walls, slabs, footings, and any underground structures) Flatwork Fencing Retaining Walls Other structural; or site features as identified by the City

All demolition debris shall be fully removed from the site and disposed of in accordance with all applicable federal, state, and local requirements.

b. Foundation Removal

Contractor shall remove all foundations to a minimum depth of twelve (12) inches below finished grade.

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Alternative removal depths may be approved by the City Engineer or Chief Building Official based upon site conditions or redevelopment considerations.

All voids shall be properly backfilled and compacted.

c. Debris removal The Contractor shall:

Remove all demolition debris from the property Legally transport and dispose of all waste materials Prevent unlawful burial or dumping of debris onsite Submit disposal documentation the City

d. Site Restoration

Disturbed areas shall be backfilled with approved clean material, compacted, graded to drain, and capped with suitable native soil or topsoil.

Final stabilization shall include:

Seeding and mulch Erosion-control measures Dust-control measures Other approved surface restoration sufficient to prevent erosion, dust, ponding, and unsafe conditions

Alternative surface treatments, including gravel stabilization, may be approved by the City Engineer or Chief Building Official based on intended site use or redevelopment conditions.

e. Safety Requirements

The Contractor shall comply with all:

OSHA regulations State labor requirements Federal, state, and local safety regulations

Contractor shall provide:

Dust suppression Site fencing Debris containment Public safety protection Worker protection Emergency response procedures

f. Traffic Control

The Contractor shall provide all necessary:

Barricades Traffic control devices Signage

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Sidewalk closures Pedestrian protection

Traffic control shall comply with Manual on Uniform Traffic Control Devices (MUTCD) requirements and local regulations.

g. Protection of Adjacent Properties Contractor shall protect adjacent:

Buildings Utilities Streets Sidewalks Public infrastructure Landscaping

h. Work Hours Work hours shall be limited to:

Days: Monday through Friday Hours: 7:00 AM – 6:00 PM No work outside approved hours shall occur without prior written authorization from the City.

i. Schedule Requirements Contractor shall adhere to the demolition schedule agreed upon and included in each work order.

j. Contractor Submittals

The Contractor must provide:

Insurance certificates Permit copies Utility disconnect confirmations Engineering assessment Demolition work plan Traffic control plan Safety plan Environmental documentation Emergency contact list

k. Demolition Work Plan The Contractor shall submit a written demolition work plan including:

Equipment list Demolition sequencing Site access plan Dust control methods Debris removal methods

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Safety procedures Emergency procedures Public protection measures Any applicable nuisance mitigation

l. City Authority The City reserves the right to:

Inspect work at any time Stop work for unsafe operations Require corrective actions Reject nonconforming work

The Contractor shall comply with directives issued by authorized City representatives.

m. Final acceptance Final acceptance shall occur only after:

Demolition is complete Debris is removed Site restoration is complete Disposal documentation is submitted Final inspection is approved Site is free from hazardous conditions

n. Closeout Documents Contractor shall provide:

Disposal receipts Weight tickets Final photographs Engineer closeout letter, if required Final invoice

o. Contractor Responsibility Contractor shall remain solely responsible for:

Means and methods Site safety Worker safety Equipment operation Regulatory compliance Protection of persons and property

City review or approval shall not relieve Contract of responsibility for safe and lawful execution of work

D. Performance and Payment Bonds

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The awarded Contractor may be required to provide payment and performance bonds of 100% of the total cost for demonilitions performed under this contract (Refer to Exhibits A & B).

E. City Oversight

A designated individual will be responsible for management of the contract for the City (“Project Manager”). The City will provide reasonable assistance to Contractor in the scheduling of meetings, interpretation of policy and procedural requirements, research relating to internal documents, coordination with outside agencies and City staff, but the City’s obligation will not limit Contractor’s obligations to perform the Services.

F. Timeline and Budget

Consultant must complete all deliverables within the agreed-upon schedule and within the limits provided by the executed contract.

G. City Holidays

City Holidays currently include New Year's Day; Martin Luther King Day; President's Day;

Memorial Day; Juneteenth; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day;

Day After Thanksgiving; Christmas Day.

H. Safety

Contractor shall be responsible for all safety training, procedures and requirements.

I. Contract Requirements

Contractor will perform all Services in accordance with the executed Master Services Agreement. Please refer to Attachment A for all contract requirements, including insurance, indemnification, compensation, termination, and payment standards.

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5. PROPOSAL FORM

The Proposal must be typed or computer generated and submitted in the format described below.

Proposals (not including examples of previous work) shall be no more than 20 pages (8.5” x 11”) with a minimum font size of 11 point. Marketing materials are discouraged and will count toward the 20-page maximum. The City requests that only information relevant to the Proposal be included. Proposals that do not meet the mandatory requirements herein may be considered non-compliant and may be rejected.

Respondents may request parts of their Proposals to remain confidential and must indicate such in the Proposals and on the appropriate proprietary or financial pages; provided, under no circumstances may an entire Proposal be marked or identified as proprietary. The City will take reasonable steps to keep confidential only documents actually prevented from disclosure under the Colorado Open Records Act (“CORA” or “Act”), C.R.S. § 24-72-201, et seq., which efforts may include notifying the Respondent of a CORA request and allowing the Respondent to take steps to prevent disclosure, where and when it is reasonably possible to do so. By submitting a Proposal, each Respondent releases the City from any claim of damage or loss arising from the release of confidential or proprietary information not clearly designated as such by a Respondent, from the City’s disclosure of such information following the City’s prior notification to the Respondent, and from any claims arising from the release of documents not protected from disclosure under the Act.

Proposals shall include the following items in the order listed:

A. Cover Letter: A cover letter indicating the Respondent’s interest and identifying the entity or entities submitting the Proposal. The letter identifying the name, address, email address, and telephone number of the person to contact, along with other contact information for those authorized to represent the Respondent. The letter should also include:

1. A signature by a representative of the Respondent authorized to bind the Respondent for the terms proposed.

2. Any criteria expected by the City that Respondent will not provide.

3. Any proposed changes to the draft Master Services Agreement (Attachment A).

4. Any other information not appropriately contained in the body of the Proposal.

B. Experience & Qualifications

1. Provide a narrative of your firm’s history including number of years in business, primary location, and the name of contact information, including email address, of the proposed Project Manager.

2. Identify demolition team members responsible for achieving the work described in Section 4.

3. Provide at least three references for projects similar in size and scope to Commerce City’s, within the last few years. Include:

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a. Project location

b. Project size (square feet) of the project

c. Project value

d. Project start and completion date

e. All other relevant project information

f. City/Owner contact with telephone number and email address

C. Methodology & Approach

1. Describe how your firm will accomplish the tasks outlined in Section 4 including, but not limited to:

a. Process for obtaining permits

b. Procedure for coordinating utility disconnects

c. Approach to verifying and submitting documentation before mobilization

d. OSHA-compliant safety approach, including worker protection and public protection

e. Dust suppression techniques, debris containment methods, and environmental compliance strategy

f. Hazard mitigation steps, including emergency procedures during demolition

g. Traffic control process

h. Strategies for maintaining safe access for equipment and staff

i. Debris removal workflow

j. Disposal documentation

k. Coordination approach with City departments

2. Describe the steps you will take to protect nearby structures during demolitions.

3. Identify any needs, assumptions, or expectations you have of the City.

D. Cost Proposal: Submit pricing for the following services:

1. Demolition cost per square foot.

2. Debris removal/disposal cost per ton.

3. Hourly rates for proposed staff.

4. Hourly rates for equipment rental.

5. Mobilization fees per demolition project.

6. Unit costs for safety, dust control, environmental compliance, and all other relevant fees that may be assessed during a demolition.

7. Site restoration.

E. Proposed Project Timeline: A proposed timeline that identifies milestones, public outreach and elected and appointed official presentations, and a completion date, preferably tied to

RFP-CD-26-030 Page 14 of 34 Demolition Services Rev. Sept. 2026 the proposed payment schedule. The timeline should also include information as to how the project milestones will be achieved for each phase of the timeline. A narrative of the approach that will be used to perform the Scope of Services and deliverables within the timeline must be included.

F. Affirmative Participation Plans: An outline of affirmative steps that Respondent will take to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: (1) placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and (5) using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

G. Potential Conflicts of Interest: List any work that your firm or your proposed sub-consultants are currently performing for the City or for entities within the City.

H. Miscellaneous: Any supplemental information and attachments relevant to the Proposal, Respondent’s qualifications, or Respondent’s approach. Respondents are encouraged to expand upon the specifications to give additional evidence of their ability to provide the Services.

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6. SELECTION & INTERVIEW PROCESS

The City will use a qualitative-based selection process to award the contract, where cost is one of several factors considered. Selection, if any, will be based on the Proposal deemed to be the best value to the City at the City’s sole discretion using the following criteria:

Experience & Qualifications - 30% Methodology & Approach - 40% Proposed Price- 30%

The City may also consider the fact that a Respondent is located within the City.

All proposals will be reviewed and evaluated by the Selection Committee consisting of staff members of various city departments. The City reserves the right to request clarification or additional information from individual Respondents. The City may also consult additional resources for subject matter, expertise, and reference. By submitting a Proposal, Respondent authorizes the City to undertake such investigation as may be necessary to a verify Respondent’s qualifications and reputation. Respondents will execute releases as requested by the City to enable the City to obtain necessary information.

As part of the evaluation process, the City expects to interview some, but not necessarily all, of the Respondents. If selected for an interview, presentations will be limited in time with additional time for questions. Respondents may also be asked to supplement their submittals.

In addition to the criteria stated above, the City may consider without limitation, a Respondent’s financial resources, ability to comply with all legal and regulatory requirements, ability to perform the work and complete all work on time, history of performance, reputation ability to obtain necessary equipment, data, and facilities, and any other factor deemed important by the City, including location within the City. The City may select multiple Respondents to provide Services as needed by the City. Contracts involving expenditures exceeding $250,000 are subject to approval by the City Council; those exceeding $75,000 are subject to approval by the City Manager; those up to $75,000 are subject to approval by a department director.

The City will enter into a negotiation with the selected Respondent(s) regarding fees and Scope of Services. If an agreement cannot be reached with the chosen Respondent(s), the City may initiate negotiations with other Respondent(s). This process may continue until an agreement is reached with a Respondent(s). If the chosen Respondent(s) do not execute a contract within a specific deadline, the City reserves the right to award the contract to other Respondent(s).

The successful Respondent(s) shall commence work only after execution of an acceptable contract and direction from the City to proceed. The Respondent(s) must submit insurance documentation, a completed W-9, and additional documentation as requested by the City before the execution of any contract.

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7. MISCELLANEOUS

A. NO COMMITMENT BY THE CITY. This RFP does not commit the City to award any contract, to pay any costs associated with this RFP, including the preparation or submission of a Proposal, interviews, supplemental Proposals or the negotiation of a contract, or to procure or contract for any services. The decisions of the City with respect to this RFP are final and without recourse to any Respondent. In acceptance of Proposals, the City reserves the right to negotiate further with one or more Respondents in the best interest of the City.

B. CHANGES TO RFP. Revisions to this RFP will be made through addenda published and made available to all Respondents on the City’s website and on the Rocky Mountain E-Purchasing System (RMEPS). Any other communication, spoken and written, formal and informal, received by any representative of any Respondent from sources other than official addendum shall not be effective to vary any term of the RFP.

C. SUBSTANTIVE PROPOSALS. By submitting a Proposal, a Respondents certifies that: (a) the Proposal is genuine and is not made in the interest of, or on behalf of and undisclosed person, firm, or corporation; (b) the Respondent has not directly or indirectly induced or solicited any other Respondents to put in a false Proposal; (c) the Respondent has not solicited or induced any other person, firm, or corporation to refrain or abstain from proposing a Proposal; and (d) the Respondent has not sought by collusion to obtain for themselves any advantage over any other Respondents.

D. RESERVATION OF RIGHTS. The City reserves the right to reject any or all Proposals, in its sole discretion. The City reserves the right to modify this RFP or the selection process, to cancel this RFP, and to waive any informalities or irregularities in any Proposal or in the selection process, without liability, at any time.

E. REQUIRED DOCUMENTS. The selection of any Respondent, and the award of any contract, is dependent on the completion of the Master Services Agreement, the receipt of the required Certificate of Insurance and applicable endorsements, and the City’s receipt of a completed Certificate of Compliance from the successful Respondent.

F. PROPERTY OF CITY. All Proposals shall become the property of the City, will not be returned, and will become a public record.

G. CONDUCT. Respondents are cautioned not to undertake any activities or actions to promote or advertise their submittals, other than discussions with City staff as described in this RFP. After the release of this RFP, Respondents are not permitted to make any direct or indirect contact with members the City Council, City staff, or media on the subject of this RFP, except in the course of City-sponsored presentations. Violation of these rules is grounds for disqualification of the Respondent.

H. DEBARMENT. Respondents will be qualified, and must disclose to the City, if the Respondent or any of its principals are debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any contract by any Federal department or agency.

H. CONTRACT TERMS. By submitting a Proposal, each Respondent confirms that it has reviewed and accepts the terms and conditions of Attachment A subject to explicit revisions identified in the Respondent’s Proposal. No proposed changes shall be deemed accepted by the City unless explicitly incorporated into the agreement.

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8. METHOD OF SUBMITTAL

Each Respondent must submit a complete Proposal including all information requested in this

RFP.

The City utilizes the Rocky Mountain E-purchasing System (BidNet®) in the advertisement and facilitation of solicitations; therefore, Respondents must submit proposals through the Rocky Mountain E-purchasing System (BidNet®) website. Only rely on this web address:

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

Proposals that do not meet RFP requirements may be considered non-compliant and rejected.

It is the sole responsibility of each Respondent to ensure its Proposal is received by the City by the date and time stated in this RFP. Proposals not received by the deadline will be considered late and not accepted. Proposals shall not be submitted via facsimile or e-mail.

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9. DRAFT CONTRACT

The contract between a selected Respondent(s) and the City will be substantially in the form of the draft contract contained in Attachment A. Respondents must review the draft contract and identify any proposed changes as “Proposed Changes to the Contract” in the Proposal. The City may consider any proposed changes in selecting a Respondent and awarding the contract but may reject the Proposals and condition the award of the contract on acceptance of a contract without the proposed changes.

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ATTACHMENT A

AGREEMENT

THIS AGREEMENT is made between the CITY OF COMMERCE CITY, a municipal corporation of the State of Colorado (the “City”) and [[ Name (Primary Second Party) ]], a

Colorado _________ company whose address is [[ Street Line 1 (Primary Second Party) ]], [[

Street Line 2 (Primary Second Party) ]], [[ City/Town (Primary Second Party) ]], [[ State/Province

(Primary Second Party) ]] [[ Postal Code (Primary Second Party) ]] (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 [[ Work Group ]] 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 on Exhibit A, Scope of Services

(the “Services”) and pursuant to all Work Orders, as defined below, to the City’s satisfaction. The terms and conditions of this Agreement shall apply to the performance of all Services under this

Agreement, whether performed with or without a Work Order.

A “Work Order” is an order to establish specific Services to be performed

(including scope of Services, schedule, and total price) executed by the City and Contractor prior to Contractor commencing the Services described in the Work Order. Work Orders must be in the form of Exhibit B.

b. The Contractor is ready, willing, and able to provide the services on a non-exclusive, as-needed basis pursuant to this Agreement. This Agreement does not grant Contractor any exclusive privilege or right to supply the Services to the City.

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. Contractor further warrants that all work performed under this

Agreement will be free from defects in workmanship, equipment, and materials. Upon acceptance

RFP-CD-26-030 Page 20 of 34 Demolition Services Rev. Sept. 2026 of the work, Contractor will transfer the benefit of any applicable manufacturer’s warranty to the

City. If related to construction, all Services will be performed in accordance with the City’s

Engineering Standards and Specifications. The City’s Engineering Standards and Specifications are available on the City’s website.

d. This paragraph applies if the Services involve construction, erection, repair, maintenance, or improvement of any public works (excluding professional services).

(1) Any progress payments are payments on accounts and shall not be construed as acceptance by the City or any part of the work. All such progress payments, except for the final payment, shall be subject to correction on subsequent invoices after the discovery of any error.

Approval of an invoice shall not foreclose the right of the City to examine Contractor’s books and records to determine the correctness and accuracy of any item.

(2) At the time of delivery of the final payment to Contractor, Contractor shall execute and give to the City a final receipt for the same. The acceptance of final payment shall constitute a waiver of all claims by Contractor.

(3) The City may withhold amounts from any payment as may be necessary to cover:

(a) any liquidated damages; (b) claims for labor or materials furnished Contractor or any subcontractor or reasonable evidence indicating probable filing of such claims; (c) failure of the

Contractor to make proper payment to subcontractors or suppliers; (d) evidence of damage to another contractor, utility, or private property; (e) uncorrected defective work or guarantees that have not been met; (f) reasonable evidence that the work will not be completed within the allowed time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or (g) any other amounts that the City is authorized to withhold. If the reason for withholding is removed, the City will make payment of the withheld sums with the next regular progress payment unless another basis for withholding exists. Execution of this Agreement by

Contractor shall constitute a waiver by Contractor to claim any right of payment of interest upon any funds retained or withheld by the City pursuant to this Agreement or C.R.S. § 38-26-107.

e. Contractor is satisfied as to the nature and location of the Services, the conformation of the ground, the character, quality, and quantity of the materials to be encountered, the character of equipment and facilities needed before beginning and for the Services, the general and local conditions, and all other matters, which can in any way affect the performance of the

Services. Contractor specifically waives any claim for additional compensation for any changed

RFP-CD-26-030 Page 21 of 34 Demolition Services Rev. Sept. 2026 condition arising out of any one or more of the following, unless such changed condition is caused in whole or in part by acts or omissions within the City’s control: (1) a physical condition of the site of an unusual nature; (2) any condition differing materially from those ordinarily encountered and generally recognized as inherent in work or services of the character and at the location provided for in this Agreement; or (3) any force majeure.

3. TERM: The Agreement will commence on [[ Start Date ]] and will expire on [[

End Date ]] (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. 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 contained in Exhibit A.

c. Invoicing: Contractor shall provide the City with invoices for all Services performed pursuant to a Work Order monthly in a format and with a level of detail acceptable to the City including all supporting documentation required by the City. By submitting an invoice, Contractor warrants that: (i) the work covered by previous invoices is free and clear of liens, claims, security interests or encumbrances, except for any interest created by retainage; and (iii) no work covered by the invoice is subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by Contractor or any other person or entity. Contractor shall not include in its invoice any billing for defective work or for work performed by subcontractors or suppliers if it does not intend to pay the subcontractors or suppliers for such work pursuant to this Agreement.

d. Maximum Contract Amount:

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

AND NO CENTS ($[[ Maximum Contract Amount ]]) (the “Maximum Contract Amount”).

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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

RFP-CD-26-030 Page 23 of 34 Demolition Services Rev. Sept. 2026 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 limits of One Million Dollars ($1,000,000.00) for each occurrence, Two Million Dollars ($2,000,000.00) general aggregate, and Two Million

Dollars ($2,000,000.00) products and completed operations aggregate.

(2) 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.

(3) 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

RFP-CD-26-030 Page 24 of 34 Demolition Services Rev. Sept. 2026 professional liability with a limit of at least One Million Dollars ($1,000,000.00) per claim and annual aggregate.

(4) Other Insurance. The Contractor shall maintain Workers’ Compensation coverage as required by statute for each work location and Employer’s Liability insurance with limits as required by Colorado law (unless Contractor provides a completed Declaration of

Independent Contractor Status Form), and other insurance required by applicable law.

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

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

($1,000,000.00) per occurrence and annual aggregate. 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 or the professional liability policy, if applicable, and workers’ compensation policy, all required insurance policies shall include the City as an additional insured and will provide that the City, although included 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, 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,” coverage shall continue for three (3) years following termination of the Agreement and have a retroactive date of placement

RFP-CD-26-030 Page 25 of 34 Demolition Services Rev. Sept. 2026 prior to or coinciding with the Effective Date of the Agreement. Contractor will not do or permit to be done anything that will invalidate the policies.

(5) Pollution Coverage. The insurance required by this Agreement will cover any and all damages, claims or suits arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants, and will not exclude from coverage any liability or expense arising out of or related to any form of pollution, whether intentional or otherwise. If necessary, Contractor will secure and maintain either a rider or a separate policy insuring against liability for pollution related damages, claims or suits with at least Two Million

Dollars ($2,000,000) each occurrence, subject to approval by the City, which approval will not be unreasonably withheld.

(6) 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. The Contractor shall confirm and document that all

Subcontractors and subconsultants (including independent contractors, suppliers or other entities providing goods or services required by this Agreement) procure and maintain coverage as approved by the Contractor and appropriate to their respective primary business risks considering the nature and scope of services provided. Contractor will be responsible if any subcontractor fails to procure and maintain insurance meeting the requirements of this Agreement.

9. BONDS.

a. This Section applies if the Services involve construction, erection, repair, maintenance, or improvement of any public works (excluding professional services). If applicable, the requirements of this Section may be waived or modified with the approval of the

City Manager or the City’s Risk Manager.

b. Before the commencement of any work, Contractor shall provide, at

Contractor’s sole cost, the City with a separate:

(1) Performance bond in an amount equal to 100% of the amount of

RFP-CD-26-030 Page 26 of 34 Demolition Services Rev. Sept. 2026 this Agreement as a guarantee of Contractor’s faithful performance and completion of all undertakings, covenants, terms, conditions, warranties, and agreements of the Agreement; and

(2) Payment bond in an amount equal to 100% of the amount of this

Agreement, which bond shall conform to the requirements of C.R.S. § 38-26-101, et seq., as amended, as a guarantee of Contractor’s prompt payment to all persons supplying labor and materials in the prosecution of the Services.

The bonds shall remain in effect until acceptance of the work performed under this Agreement.

Contractor shall use the bond forms approved by the City.

c. Contractor and a surety shall execute the bonds. The surety shall be corporate bonding company acceptable to the City, licensed to transact such business in the State of Colorado, and listed in the U.S. Department of the Treasury Circular 570 in effect on the date of the Agreement. Evidence of authority of an attorney-in-fact acting for the surety shall be provided in the form of a certificate as to its power of attorney and to the effect that it is not terminated and remains in full force and effect on the rate of the bonds. If at any time a surety on any bond becomes irresponsible, is disqualified from doing business in the State of Colorado, or becomes insolvent or otherwise impaired, Contractor shall furnish bond(s) from an alternate surety acceptable to the City.

d. Contractor shall secure an increase in the bonds in an amount equal to the cost of any additional work authorized pursuant to a duly executed amendment that increases the amount of this Agreement by ten percent (10%) or more, unless waived in writing by the City.

10. 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

RFP-CD-26-030 Page 27 of 34 Demolition Services Rev. Sept. 2026 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.

11. 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. Contractor and each subcontractor must obtain all required licenses and permits, including a City Contractor’s license, if required. Contractor shall pay for all license and permit fees.

12. 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.

13. 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…