Request for Proposal

RFP-5957-26-KF

On-Demand Landscape, Irrigation, Vegetation Management, Restoration, and Urban Forestry

Services Proposal Deadline

August 6, 2026, before 1:00 p.m. Mountain Daylight Time (MDT)

Electronic Submission Only Proposals Must Be Submitted Exclusively Through

BidNet Direct® – Rocky Mountain E-Purchasing System (RMEPS) 🔗🔗https://www.bidnetdirect.com/colorado/city-of-grand-junction

Important Notice The City of Grand Junction does not control or administer vendor access to the BidNet® Direct system. Proposers are solely responsible for ensuring a successful submission.

Technical assistance must be requested directly from BidNet at (800) 835-4603.

Virtual Solicitation Opening All City solicitation openings will be conducted virtually.

For meeting access and participation details, refer to Section 1.9.

Purchasing Agent Contact Kathleen Franklin kathleenf@gjcity.org 970-244-1513 https://www.bidnetdirect.com/colorado/city-of-grand-junction mailto:kathleenf@gjcity.org

Table of Contents

Section 1.0. Administrative Information & Conditions for Submittal

1.4. Purpose

1.5. Non-Mandatory Virtual Pre-Proposal Conference

1.9. Proposal Submission and Solicitation Opening

Section 2.0. General Contract Terms and Conditions

Section 3.0: Insurance Requirements

Section 4.0: Specifications and Scope of Services

4.10. Attachments

4.11. Online Resources

4.12. Tentative Calendar of Events

Event and Details Date

Solicitation Issued/Posted Published via BidNet® Direct – RMEPS

July 8, 2026

Non-Mandatory Pre-Proposal Conference Refer to Section 1.5.

July 16, 2026

Inquiry deadline no questions are accepted after the close of business on this date

July 23, 2026, before 5:00 p.m.

Final Addendum Issued (if applicable) July 28, 2026

Proposal Submission Deadline Electronic submission via BidNet® Direct only

August 6, 2026, before 1:00 p.m. MDT

Evaluation of proposals Internal review by City-appointed committee

August 6-14, 2026

Interviews (if required) By invitation only; will be conducted in person.

Tentative interview schedule and time blocks:

• August 24, 2026 (9:00 a.m. – 3:00 p.m. MDT)

• August 25, 2026 (12:00 p.m. – 2:00 p.m. MDT)

August 24-25, 2026

Notice of Intent to Award (tentative) August 27, 2026

Subject to final evaluations and interview outcomes

Contract Execution Contingent upon Council approval and funding availability

September 1, 2026

Section 5.0: Preparation and Submittal of Proposals

Section 6.0. Evaluation Criteria and Factors

Section 7.0. Solicitation Response Form Subcontractor Disclosure

Section 1.0. Administrative Information & Conditions for Submittal

1.1. Americans with Disabilities Act (ADA) Compliance Mandate: All documents, forms, attachments, electronic content, and other materials submitted in response to this Solicitation, as well as all deliverables, reports, presentations, websites, applications, electronic documents, and other materials created, developed, or provided under any resulting Contract, shall comply with the requirements of Colorado House Bill 21-1110 (HB21-1110), including §§ 24-85-101, C.R.S., et seq., and the Accessibility Standards for Individuals with a Disability adopted by the Colorado Office of Information Technology pursuant to § 24-85-103(2.5), C.R.S.

All documents and electronic content shall conform to the State of Colorado's accessibility standards, including compliance with Level AA of the current version of the Web Content Accessibility Guidelines (WCAG), as adopted by the State.

1.2. Required Review: The Proposer is responsible for thoroughly reviewing all Solicitation Documents and obtaining a complete understanding of the Scope of Services, requirements, conditions, instructions, and all applicable laws, regulations, policies, and procurement requirements associated with this Solicitation. Submission of a proposal shall constitute acknowledgment that the Proposer has reviewed the Solicitation Documents and is capable of performing the Services as specified.

In addition to reviewing this Solicitation, Proposers are encouraged to become familiar with the City's parks system, municipal facilities, and community resources relevant to the Services. Proposers should review the Attachments and any referenced City websites, maps, standards, and guidance documents to better understand the City's operational environment, landscape management objectives, and anticipated work assignments.

1.3. Issuing Office: This solicitation is issued by the City of Grand Junction, Colorado (“City”). The Purchasing Agent responsible for this procurement is:

Kathleen Franklin kathleenf@gjcity.org Except as may be provided during any pre-proposal meeting or site visit conducted by the City, all inquiries, concerns, clarifications, or communications regarding this solicitation—including those related to the process, specifications, or Scope of Services—shall be submitted in writing to the Purchasing Agent.

Communication with any other City employee or representative regarding this solicitation may result in the disqualification of the Proposer’s submission.

1.4. Purpose

The City of Grand Junction, Colorado ("City"), is soliciting competitive proposals from qualified Contractors to provide on-demand landscape, irrigation, vegetation management, ecological restoration, urban forestry, and related services on an as-needed basis.

The City intends to establish one or more annual, on-call Contracts with qualified Contractors to supplement City staff by providing specialized expertise, personnel, equipment, and related resources necessary to support landscape maintenance, irrigation improvements, turf conversion, native landscape establishment, vegetation management, ecological restoration, urban forestry initiatives, capital improvement projects, and emergency response services at various City-owned facilities and properties.

A detailed description of the required Services, service categories, performance expectations, special conditions, and Contract requirements is provided in Section

4.0 – Specifications and Scope of Services. All Services shall be performed in accordance with the terms, conditions, and requirements set forth in this Solicitation and incorporated into any resulting Contract.

1.5. Non-Mandatory Virtual Pre-Proposal Conference

Prospective Proposers are encouraged to review the Solicitation, including the Scope of Services, prior to attending the non-mandatory virtual pre-proposal conference. The conference provides an opportunity to ask questions and obtain clarification regarding the City's requirements and the Solicitation. It is not intended to replace a Proposer's independent review of the Solicitation Documents.

Meeting Information Date: July 16, 2026 Time: 1:30 p.m. MDT Platform: Virtual Microsoft Teams Join Online:

https://teams.microsoft.com/meet/26437173662637?p=8Ol0R1j0NOuPOj6Jnj Meeting ID: 264 371 736 626 37 Passcode: of2qo39c Join by Phone:

+1 945-468-6551,,228638075# United States, Dallas Phone Conference ID: 228 638 075# Local Numbers: Find a local number

Important Information

• Attendance is encouraged but is not required to submit a Proposal.

• Statements, comments, questions, or responses provided during the pre-proposal conference are for informational purposes only and shall not modify the Solicitation.

• Only written Addenda issued by the City shall be considered official and binding.

• Proposers are solely responsible for monitoring the BidNet® solicitation page and obtaining all Addenda issued by the City.

1.6. The City: The City will act by and through its authorized representative(s).

https://teams.microsoft.com/meet/26437173662637?p=8Ol0R1j0NOuPOj6Jnj tel:+19454686551,,228638075 https://dialin.teams.cloud.microsoft/1eb10a6f-67f0-4863-91b6-bc8edec96390?id=228638075

1.7. Compliance: By submitting a proposal, the Proposer acknowledges and agrees to comply with all terms, conditions, requirements, and instructions contained in this solicitation, including any modifications issued through addenda. If a Proposer identifies any ambiguity, omission, or conflict within the solicitation documents that might affect its understanding of the requirements, the Proposer shall request clarification from the Purchasing Agent prior to the inquiry deadline. Failure to request clarification shall not relieve the Proposer of its obligation to comply fully with the requirements of the Contract.

1.8. Controlling Authority: The 2024 version of the City Procurement Policy is controlling.

1.9. Proposal Submission and Solicitation Opening

Proposers shall prepare and submit proposals in accordance with the requirements outlined in Section 5.0, Preparation and Submittal of Proposals. All proposals shall adhere to the formatting, content, and submission guidelines specified in that section.

To participate in the public proposal opening, Proposers and interested parties may refer to the virtual meeting information provided below:

Solicitation Opening

RFP-5957-26-KF

On-Demand Landscape, Irrigation, Vegetation Management, Restoration, and Urban Forestry Services Date/Time:

August 6, 2026, 1:00 p.m. (America/Denver)

Join the meeting from a computer, tablet, or smartphone:

🔗🔗 https://meet.goto.com/754263885

Dial in using a phone:

Access Code: 754-263-885 United States: +1 (571) 317-3122

Join using a video-conferencing room or system:

Meeting ID: 754-263-885 Dial in or type: 67.217.95.2 or inroomlink.goto.com Or dial directly: 754263885@67.217.95.2 or 67.217.95.2##754263885

Get the app now and be ready when the meeting starts:

🔗🔗https://meet.goto.com/install

1.10. Public Disclosure Notice: Pursuant to the Colorado Open Records Act (CORA), all materials submitted in response to this solicitation shall be considered public records and may be subject to public disclosure, except for information specifically designated as confidential, proprietary, or trade secret by the Proposer, and only to the extent permitted by law.

http://trimview.gjcity.org/?=POLPROEV/222 https://meet.goto.com/754263885 tel:+15713173122,,754263885 https://meet.goto.com/install

Upon award and execution of a contract, the solicitation file, including all responsive proposals, shall be available for public inspection in accordance with CORA and upon receipt of an Open Records Request. This includes proposals submitted by the non-awarded Proposer(s).

Public disclosure is also subject to the applicable provisions of CORA in the event the solicitation or resulting Services are canceled.

1.11. Public Disclosure Record: If the Proposer knows its employee(s) or subcontractors have an immediate family relationship with a City employee or elected official, the Proposer must provide the Purchasing Agent with the name(s) of that/those individual(s). The individual(s) must file a “Public Disclosure Record” and/or a statement of financial interest before conducting business with the City.

1.12. Collusion Clause: By submitting a proposal, each Proposer certifies that it is not involved in any collusive action(s) or activity(ies) that may violate applicable federal or state antitrust laws, rules, and/or regulations. Any proposal(s) found to have evidence or a reasonable belief of collusion among the Proposers will be rejected. At its discretion, the City reserves the right to accept future proposals for the same service(s) or work from participants identified in such collusion.

1.13. Gratuities and Kickbacks: The Proposer certifies that no gratuities, kickbacks, or contingent fees have been or will be offered, solicited, or paid in connection with this Proposal or any resulting Contract. This includes, but is not limited to, the offering or payment of commissions, gifts, or other considerations contingent upon the award of a Contract. If the Proposer breaches this certification, the City reserves the right to reject the Proposal, terminate any resulting Contract, and pursue all available legal remedies.

1.14. Ethics: Proposers shall not offer, give, solicit, or accept gifts, favors, or anything of value to or from any employee, official, or agent of the City that could influence, or appear to influence, the procurement process. Additionally, the Proposer(s) shall not establish any business arrangement or financial relationship with any such individuals that may create a conflict of interest, impair impartiality, or undermine public trust. Any violation of this provision may result in disqualification from consideration, contract termination, and potential legal consequences.

1.15. Alteration or Withdrawal of the Proposal: Any modification, revision, or withdrawal of a proposal must be initiated by the Proposer and received by the City through the designated electronic submission platform prior to the Proposal due date and time stated in the Solicitation.

After the submission deadline, no modifications, revisions, or withdrawals will be accepted. Proposals shall be considered final, complete, and binding upon the Proposer as of the submission deadline.

Submitted Proposals shall remain firm, valid, and binding for ninety (90) calendar days following the Proposal due date and may not be withdrawn during that period without the City’s written consent.

https://cityofgrandjunctionco.justfoia.com/Forms/Launch/d705cbd6-1396-49b7-939e-8d86c5a87deb

1.16. Multiple Offers: If a Proposer(s) submits more than one proposal, THE ALTERNATE PROPOSAL must be marked “ALTERNATE PROPOSAL.” The City reserves the right to make the award in the City's best interest.

1.17. Exclusions: The City shall not consider any proposal submitted orally, by telephone, email, or facsimile. Only proposals submitted under the requirements outlined in this Solicitation shall be accepted for evaluation.

1.18. Contract Documents: The Contract Documents include this solicitation, the Proposer’s submitted proposal and supporting documents, and any negotiations that are formally accepted by the City and memorialized in a written agreement. These documents collectively constitute a binding and enforceable Agreement (“Contract”) between the City and the Proposer upon acceptance. The Contract represents the entire and integrated agreement between the City and the Proposer ("Parties") and supersedes all prior negotiations, representations, or agreements, whether written or oral. Any modifications or amendments to this Contract must be made through a duly executed Change Order or Contract amendment.

1.19. Questions Regarding Specifications or Scope of Services: All requests for clarification or interpretation of the Specifications or Scope of Services must be submitted in writing via email to the Purchasing Agent no later than the inquiry deadline specified in the Solicitation. The City is under no obligation to respond to inquiries received after the deadline. Any responses provided after the deadline shall be at the sole discretion of the City and, if issued, may be distributed by written addendum.

The City expects Proposers to conduct a thorough review of the Solicitation and associated materials prior to submitting questions. The City reserves the right to decline to respond to questions that are repetitive, non-substantive, clearly addressed in the Solicitation, or generated through automated or artificial intelligence tools without meaningful proposer review and validation of the Solicitation materials.

1.20. Proposal Preparation Expenses: All costs incurred by the Proposer in preparing, submitting, and presenting a proposal in response to this solicitation shall be the Proposer’s sole responsibility and shall not be reimbursed by the City.

1.21. Acceptance of Proposal Content: The Proposal selected by the City, if any, shall be incorporated into and become part of the final Contract Documents. The successful Proposer’s failure to accept or fulfill the obligations outlined in the Contract may result in the cancellation of the award, and such Proposer may be disqualified from future solicitations.

Upon execution of the Contract between the Proposer and the City, the Proposer may be referred to as the “Agency,” “Consultant,” “Contractor,” or “Firm” as applicable.

1.22. Addendum: Official response to questions, clarifications, interpretations, corrections, modifications, or extensions to the proposal submission deadline shall be issued exclusively by the Purchasing Agent through a written addendum. The authority to issue the addenda is vested solely in the Purchasing Division.

All addenda will be distributed electronically through the BidNet Direct Rocky Mountain E-Purchasing System at 🔗🔗https://www.bidnetdirect.com/colorado/city-of-grand-junction. The Proposer(s) are responsible for monitoring this platform for issued addenda.

The Proposer(s) must acknowledge receipt of all addenda on the completed Solicitation Response Form located in Section 7.0., which must be submitted with the proposal.

1.23. Exceptions and Substitutions: All proposals meeting the intent of this solicitation will be considered for award. A Proposer that takes exception to the stated specifications does so at the Proposer’s risk. The City reserves the sole right to accept or reject any proposed exception(s), substitution(s), or alternative(s).

If the Proposer(s) wish to propose a substitution or alternative, it must:

1.23.1. Clearly state each exception in a designated section of its proposal, specifying the affected requirement.

1.23.2. Demonstrate how the proposed substitution or alternative meets or exceeds the stated intent and performance criteria of the original specification(s).

Failure to explicitly state exceptions shall be deemed an acknowledgment of full compliance with this solicitation and all its requirements. If awarded a Contract, the Proposer(s) shall be fully responsible for strict adherence to and performance following all terms, conditions, and specifications outlined in the Contract Documents.

1.24. Open Records and Confidential Material: All materials submitted in response to the Solicitation shall become public records and, upon Contract award, shall be subject to public inspection under the Colorado Open Records Act (CORA).

For the purposes of this provision, “Proprietary or Confidential Information” refers to information that is not generally known to competitors and provides a competitive advantage. The unrestricted disclosure of such information places it in the public domain, thereby eliminating any claim of confidentiality.

Proposers seeking to designate specific information as confidential or proprietary must:

1.24.1. Clearly mark each page or section of the submission containing such information with the words “Confidential Disclosure.”

1.24.2. Upload confidential information as a separate document.

1.24.3. Provide a written explanation justifying the claim of confidentiality, including how disclosure would cause substantial harm to the Proposer’s competitive position, consistent with CORA.

The City shall review all requests for confidentiality treatment. The final determination regarding whether materials qualify for confidential treatment rests solely with the City.

If a request for confidential treatment is denied, the Proposer may withdraw its Proposal or remove the contested confidential or proprietary information before the Proposal is made publicly available.

Notwithstanding the foregoing, the following materials shall not be considered confidential or proprietary under any circumstances:

• Cost or pricing information; or

• An entire Proposal submission.

Failure to comply with these requirements may result in the information being deemed public and subject to disclosure under CORA.

The City assumes no responsibility for protecting information not properly identified, designated, and submitted in accordance with this section.

1.25. Response Material City Ownership: All proposals submitted in response to this solicitation shall become the City's sole property upon receipt and will not be returned to the Proposer(s) except at the City’s sole discretion. The City’s rights are not affected by the selection, rejection, or disqualification of any proposal.

The City reserves the unrestricted right to use any concepts, ideas, or adaptations in any proposal received in response to this solicitation. This right extends to all proposals, regardless of the selection status, except where such use is expressly limited by properly designated and approved “Confidential Material” under Section 1.24.

Disqualification or non-selection of a proposal shall not limit or negate the City’s rights under this provision.

1.26. Minimal Standards for Responsible Proposer(s): To be considered for an award, the Proposer(s) must affirmatively demonstrate its responsibility, qualifications, and capability to perform the Services described in this solicitation. At a minimum, the Proposer must:

1.26.1. Demonstrate the ability to meet work assignment schedules and contractual deadlines for services of similar scope and complexity. Proposers should submit documentation on comparable Services or on-demand contracts completed within the last two years, including:

1.26.1.1. A comparison of original schedules to actual completion dates

1.26.1.2. A brief explanation of methods used to manage timelines and mitigate delays

1.26.2. Provide evidence of a satisfactory performance record on Services of similar size, complexity, and scope.

1.26.3. Maintain a satisfactory track record of integrity, ethical practices, and regulatory compliance.

1.26.4. Be fully qualified and otherwise eligible to receive an award and enter a legally binding Contract with the City.

1.26.5. Ensure full compliance with the requirements outlined in Section 5.0. – Preparation and Submittal of Proposals.

1.27. Disqualification of a Proposer: A Proposal will not be accepted from, nor shall a Contract be awarded to, any person, firm, consultant, corporation, or entity that is in arrears to the City on any debt or Contract or that has defaulted—as surety or otherwise—on any obligation to the City, or that is otherwise deemed to be irresponsible or unreliable.

Proposers may be required to submit satisfactory evidence demonstrating the Proposer’s responsibility, practical knowledge of the Services, and possession of the necessary financial and other resources to complete the proposed Services.

A Proposer and its Proposal may be disqualified for any of the following reasons, including but not limited to:

1.27.1. Submission of more than one Proposal for the same Services by an individual, firm, consultant, contractor, corporation, or entity, whether under the same or different name; and

1.27.2. Evidence of collusion among Proposers. Any participant found to be engaged in collusion shall be disqualified from consideration for future Services or Work with the City until reinstated as a qualified Proposer.

1.28. Taxes: The City is exempt from State, County, and Municipal Taxes and Federal Excise Taxes; therefore, all fees shall not include such taxes.

1.29. Sales and Use Taxes: The Proposer and any subcontractors must obtain sales and use tax exemption certificates from the Colorado Department of Revenue, as applicable. Proposals shall reflect the removal of Sales and Use Tax on materials, fixtures, and equipment.

1.30. Federal Taxpayer Identification Certificate: Prior to execution of the Contract, the Contractor shall complete any supplier registration requirements established by the City, including submission of a completed Internal Revenue Service (IRS) Form W-9, if required. The City reserves the right to request updated tax identification information from the Contractor or other suppliers, consultants, contractors, firms, or business entities, as necessary.

1.31. Cancellation of Solicitation: The City reserves the right to cancel this solicitation at any time or to reject any or all proposals, in whole or in part, when deemed to be in the best interest of the City.

1.32. Public Opening (Proposal Receipt Acknowledgement): The City will conduct a virtual proposal receipt acknowledgement immediately following the proposal submission deadline. Proposers, authorized representatives, and other interested parties may attend.

To ensure transparency and procedural integrity, all proposals received through BidNet® by the submission deadline will be formally acknowledged during the session. In accordance with the nature of a Request for Proposals, only the names of the entities submitting proposals will be announced. No proposal content, scoring information, or pricing details will be disclosed at this stage of the process.

Section 2.0. General Contract Terms and Conditions

2.1. Acceptance of Terms: Submission of a Proposal in response to this Solicitation constitutes a binding offer by the Proposer, as acknowledged in the Cover Letter. The individual signing the Cover Letter shall be duly authorized to bind the Proposer to the terms of the Proposal and any resulting Contract.

By submitting a Proposal, the Proposer acknowledges that it has read, understands, and agrees to comply with the requirements, terms, conditions, and specifications set forth in this Solicitation, except for any exceptions expressly identified in the Proposal.

If the Proposer requests any deviation from or exception to the requirements of this Solicitation or any Contract terms and conditions incorporated by reference into this Solicitation, such deviation or exception shall be clearly identified, fully explained, and submitted with the Proposal. Failure to identify a requested deviation or exception shall constitute the Proposer's acceptance of the Solicitation and any Contract terms and conditions incorporated by reference.

The City reserves the right to accept or reject any requested deviation or exception, in whole or in part, and to negotiate mutually acceptable terms and conditions with the apparent successful Proposer.

2.2. Execution, Correlation, Intent, and Interpretations: The Contract Documents shall be executed by duly authorized representatives of both the City and the Contractor.

By executing the Contract, the Contractor represents that it has carefully examined the Contract Documents and is fully informed of the conditions, requirements, locations, service categories, performance expectations, and constraints under which the Services are to be performed.

The Contractor further represents that it has correlated its knowledge, experience, personnel, equipment, certifications, and professional judgment with the requirements of the Contract and can perform the Services in accordance with the Contract Documents.

The Contract Documents are intended to be complementary and shall be construed accordingly. Services described in any portion of the Contract Documents shall be considered as if required by all. The intent of the Contract is to include all labor, supervision, equipment, materials, tools, transportation, permits, licenses, certifications, reporting, coordination, and other resources necessary to fully perform the on-demand landscape, irrigation, vegetation management, ecological restoration, urban forestry, and related Services, regardless of whether each item is expressly stated.

2.3. Permits, Fees, and Regulatory Compliance: The Contractor shall comply with all applicable federal, state, and local laws, statutes, ordinances, codes, rules, regulations, standards, and lawful orders of any governmental authority having jurisdiction, including applicable requirements of the City, in the performance of the Services.

Unless expressly provided otherwise in the Contract Documents, the Contractor shall, at its sole expense, obtain, maintain, and comply with all licenses, permits, certifications, professional registrations, approvals, and other authorizations required to perform the Services. The Contractor shall be responsible for all associated fees, renewals, and compliance obligations throughout the Contract term.

If the Contractor discovers any inconsistency, conflict, omission, or discrepancy between the Contract Documents and applicable legal or regulatory requirements, the Contractor shall promptly notify the City in writing before proceeding with the affected portion of the Services. Upon receipt of such notice, the City shall review the matter and provide direction consistent with the Contract Documents and applicable law. Nothing in this provision shall relieve the Contractor of its obligation to comply with applicable legal and regulatory requirements.

2.4. Responsibility for those Performing the Services: The Contractor is fully responsible for the actions and omissions of its/his/her employee(s), subcontractors, and any other individual(s) performing any of the Services under the Contract.

2.5. Payment & Completion: The City shall not make advance payments for Services.

Payment shall be made only for Services that have been performed, accepted by the City, and invoiced in accordance with the Contract Documents.

The Contractor shall submit detailed invoices only after the applicable Services or deliverables have been completed and accepted by the City's Project Manager or designated representative, unless otherwise provided in the Contract. Each invoice shall, at a minimum, include the Purchase Order number, invoice number, invoice date, location(s) where the Services were performed, applicable billing period, date(s) of service, description of the Services performed, quantities, unit of measure, unit prices, hourly labor classifications and hourly rates (when applicable), equipment utilized and applicable equipment rates (when applicable), materials furnished (if separately reimbursable), extended line-item totals, and the total amount due. The Contractor shall include all supporting documentation reasonably required by the City to verify the charges, including, when applicable, work logs, timesheets, material receipts, delivery tickets, inspection reports, or other documentation requested by the City.

For Contracts that authorize progress or milestone-based payments, the Contractor may submit invoices for completed portions of the Services in accordance with the payment schedule established in the Contract. Payment shall be limited to satisfactorily completed Services and accepted by the City.

Acceptance of an invoice for payment shall not constitute final acceptance of the Services, nor shall it relieve the Contractor of its obligations under the Contract, including warranty obligations, correction of deficiencies, or responsibility for Services that fail to comply with the Contract Documents.

All Services shall be performed in accordance with generally accepted professional standards and practices applicable to the Services provided and shall comply with all applicable federal, state, and local laws, regulations, ordinances, and codes.

2.6. Protection of Persons and Property: The Contractor shall comply with all applicable federal, state, and local laws, ordinances, regulations, standards, and lawful orders governing the safety and protection of persons and property. The Contractor shall implement and maintain all precautions necessary to protect the public, Contractor personnel, City personnel, City property, utilities, irrigation systems, trees, vegetation, hardscape improvements, and adjacent public and private property during the performance of the Services.

The Contractor shall be responsible for providing and maintaining all traffic control, pedestrian protection, barricades, warning signs, utility locates, erosion and sediment control measures, and other safety measures required by applicable law and the Contract Documents.

The Contractor shall take all reasonable precautions to prevent damage to existing facilities, utilities, irrigation infrastructure, landscaping, trees, vegetation, structures, pavement, sidewalks, trails, and other improvements. Any damage, injury, or loss arising from the acts, omissions, negligence, misconduct, or failure to perform by the Contractor, its employees, subcontractors, suppliers, or agents shall be promptly reported to the City's Project Manager.

The Contractor shall, at its sole expense, promptly repair, restore, or replace any damaged property or improvements to a condition equal to or better than that existing prior to the damage, in a manner acceptable to the City. If the Contractor fails to promptly remedy such damage, injury, or loss after receiving written notice from the City, the City may undertake the necessary corrective action and recover its reasonable costs from the Contractor, as permitted by the Contract and applicable law.

2.7. Changes in the Services: The City may request changes to the Services within the general scope of the Contract, including additions, deletions, or other modifications.

Such changes shall not invalidate the Contract but may require an equitable adjustment to the Contract Price or Contract Term.

No Change Order shall be binding unless executed by duly authorized representatives of both Parties. The Contractor shall not proceed with any change to the Services until the Change Order has been fully executed.

Adjustments to the Contract Price or Contract Term shall be made only in accordance with the Contract Documents. No claim for additional compensation or extension of the Contract Term shall be valid without an approved and executed Change Order.

2.8. Minor Changes in the Services: The City may authorize minor changes to the Services that do not alter the Contract Price, extend the Contract Term, or conflict with the intent of the Contract Documents. The City's Project Manager may issue written direction regarding such minor changes as part of the day-to-day administration of the Contract. Such direction shall not modify the Contract Price, Contract Term, or the overall scope and intent of the Contract and does not require a formal Change Order.

2.9. Correction of Services: The Contractor shall perform all Services in a professional, safe, and workmanlike manner and in accordance with the Contract Documents, recognized industry standards, manufacturer recommendations (where applicable), and all applicable laws, regulations, codes, and permit requirements.

If any Services, workmanship, materials, installations, repairs, or other work performed by the Contractor fail to conform to the requirements of the Contract, the Contractor shall, at no additional cost to the City, promptly correct, repair, replace, or reperform the nonconforming Services to the satisfaction of the City's Project Manager.

If the Contractor fails to correct the nonconforming Services within a reasonable time after receipt of written notice from the City, the City may, without limiting any other rights or remedies available under the Contract or applicable law, perform or cause the corrective work to be performed by others and recover from the Contractor all reasonable costs incurred as a result of the Contractor's failure to perform.

2.10. Acceptance Not Waiver: The City's review, approval, acceptance of any Services or deliverables, or payment for any Services or deliverables, shall not relieve the Contractor of its obligation to perform the Services in accordance with the Contract Documents, applicable laws, and recognized industry standards. No review, approval, acceptance, or payment by the City shall be deemed a waiver of any right, claim, or remedy available to the City under the Contract or applicable law, nor shall it constitute acceptance of defective or nonconforming Services.

2.11. Change Orders and Amendments: No oral statement or representation by any individual shall modify, change, or affect the terms, conditions, or specifications of the Contract. All amendments or change orders to the Contract must be executed in writing by the City’s Contract Administrator. Such executed modifications are the sole method for altering the Contract and must comply with the City's established procedures.

2.12. Assignment: The Contractor shall not sell, assign, transfer, or convey the Contract resulting from this Solicitation, in whole or in part, without the prior written approval of the City.

2.13. Compliance with Laws: The Contractor shall comply with all applicable federal, state, county, and municipal laws, codes, regulations, ordinances, and requirements, as well as ethical standards, governing the Services performed under the Contract.

The Contractor warrants that it is fully qualified to perform the required Services and possesses all necessary corporate authority, skills, credentials, experience, and professional licenses, which shall remain in good standing as required by law throughout the duration of the Contract.

2.14. Debarment or Suspension: The Contractor certifies that it is not currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any federal, state, or local government contracting program.

2.15. Confidentiality: To the extent applicable to the performance of the Services, the Contractor shall maintain the confidentiality of all non-public information, documents, records, data, materials, and electronic information disclosed by the City or obtained in connection with the Contract, except as required by law. The Contractor shall protect such information from unauthorized use, access, or disclosure and shall ensure that its employees, subcontractors, suppliers, and agents comply with this obligation.

This obligation shall not apply to information that becomes publicly available through no fault of the Contractor or that must be disclosed pursuant to applicable law, court order, or other lawful governmental request.

2.16. Conflict of Interest: No public official or employee of the City shall have any financial or personal interest, direct or indirect, in the Contract resulting from this solicitation.

Any potential conflicts must be disclosed and addressed in accordance with applicable laws and the City’s policies.

2.17. Contract Termination: The Contract shall remain in effect until any of the following occurs: (1) Contract expires; (2) completion of Services; (3) final acceptance of Services; or (4) for convenience terminated by either party with a written Notice of Cancellation stating therein the reasons for such cancellation and the effective date of cancellation at least thirty days past notification.

2.18. Employment Discrimination: During the performance of any Services, the Contractor agrees to:

2.18.1. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, citizenship status, marital status, veteran status, sexual orientation, national origin, or any legally protected status except when such condition is a bona fide occupational qualification permitted by applicable law. The Contractor agrees to post notices in conspicuous places, visible to employees and job applicants, that state the provisions of this nondiscrimination clause.

2.18.2. All solicitations or advertisements for employees placed by or on behalf of the Contractor shall state that the Contractor is an Equal Opportunity Employer.

2.18.3. Notices, advertisements, and solicitations placed following federal law, rules, or regulations shall be deemed sufficient for meeting the requirements of this section.

2.19. Immigration Compliance: The Contractor certifies that it fully complies with the Immigration Reform and Control Act of 1986 and all applicable federal, state, and local immigration laws. The Contractor shall not employ or subcontract with any individuals who are unauthorized to work in the United States during the performance of the Contract. Any violation of this requirement may result in the termination of the Contract and potential legal consequences.

2.20. Failure to Perform: If the Contractor fails to perform the Services in accordance with the Contract, including failure to meet required schedules, quality standards, coordination obligations, reporting requirements, or other Contract requirements, the City may, after providing written notice to the Contractor, obtain the required services from another source. The Contractor shall be responsible for all additional costs incurred by the City as a direct result of such failure.

The City may implement corrective actions to address nonperformance. If the Contractor’s failure materially affects the Services, compromises regulatory compliance, creates a risk to public health or safety, or impairs the continuity or integrity of the Services, the City may take immediate action, including suspension or termination of the Contract, in accordance with the Contract Documents.

2.21. Failure to Enforce: The City's failure to enforce any provision of the Contract at any time shall not constitute a waiver of that provision or any other rights under the Contract. Such failure shall not affect the validity of the Contract or any part thereof, nor shall it preclude the City from enforcing any provision thereafter.

2.22. Force Majeure: Neither Party shall be liable for any delay or failure to perform its obligations under the Contract to the extent such delay or failure is caused by a Force Majeure event beyond the reasonable control of the affected Party. Force Majeure events may include, but are not limited to, acts of God, fire, flood, severe weather, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, labor disputes not involving the affected Party, governmental actions, utility outages, or other events beyond the reasonable control of the affected Party.

The Party affected by a Force Majeure event shall provide the other Party with prompt written notice describing the nature of the event, its anticipated impact on performance, and the estimated duration of the delay. The affected Party shall use commercially reasonable efforts to mitigate the effects of the Force Majeure event and resume performance as soon as practicable.

If a Force Majeure event materially delays or prevents performance of the Services, the City may suspend, postpone, modify the schedule for, or terminate the Contract, in whole or in part, in accordance with the Contract Documents, without liability for costs incurred because of the Force Majeure event.

2.23. Indemnification: The Contractor shall defend, indemnify, and hold harmless the City, along with its officers, employees, insurers, and self-insurance pool, from and against any and all liabilities, suits, actions, claims, demands, damages, losses, or expenses of any kind, including attorney’s fees, arising out of or related to any injuries, damages, or losses to persons or property caused by the negligent act, error, omission, or fault of the Contractor, its agents, employees, subcontractors, or suppliers in the execution or performance of the Contract.

The Contractor shall be responsible for satisfying any judgment, settlement, or associated costs incurred by or awarded against the City due to such claims. This indemnification obligation shall survive the termination or expiration of the Contract.

2.24. Independent Contractor: The Contractor is and shall remain an independent contractor in all respects under the Contract. Neither the Contractor nor its employees, agents, or subcontractors shall be considered employees, representatives, or agents of the City for any purpose.

The City assumes no liability for any negligence, misconduct, or other wrongful acts committed by the Contractor, its employees, agents, or subcontractors. The Contractor is solely responsible for all applicable taxes, including federal and state income taxes, unemployment taxes, Social Security contributions, and any other required withholdings.

Additionally, the Contractor is not entitled to any benefits the City provides to its employees, including but not limited to health insurance, retirement benefits, or Workers' Compensation coverage.

2.25. Services, Work Product and City Ownership: All reports, inspection reports, record drawings (as-built drawings), maps, inventories, maintenance records, plans, specifications, calculations, photographs, field notes, recommendations, documentation, electronic files, and other work product or deliverables prepared by the Contractor specifically for the City in connection with the Contract shall become the property of the City upon payment by the City, unless otherwise provided in the Contract.

Nothing in this Section shall be construed to transfer ownership of the Contractor's pre-existing intellectual property, proprietary methodologies, software, templates, tools, processes, trade secrets, or other proprietary materials developed independently of the Contract. To the extent any such proprietary materials are incorporated into the work product, the Contractor grants the City a perpetual, non-exclusive, royalty-free license to use such materials solely for the City's internal purposes in connection with the Services.

All information, records, data, maps, plans, electronic files, and other materials provided to the Contractor by the City shall remain the sole property of the City and shall not be used, disclosed, reproduced, or distributed for any purpose other than performance of the Contract without the City's prior written consent.

2.26. Patents and Copyrights: The Contractor shall indemnify, defend, and hold harmless the City from and against any and all claims, demands, losses, liabilities, costs, and expenses, including attorneys’ fees, arising out of or related to any actual or alleged infringement of any patent(s), copyright(s), trademark(s), or other intellectual property right resulting from the performance of the Services or the use of the Work Product.

The City shall have no liability to the Contractor for any costs, expenses, or obligations arising from such intellectual property infringement claims. The Contractor shall promptly assume the defense of any such claim and shall resolve the claim in a manner acceptable to the City.

This obligation includes, but is not limited to, claims arising from the creation, use, or incorporation of derivative works or materials based on the intellectual property rights of others.

2.27. Governing Law and Venue: This Solicitation, and any Contract resulting from this Solicitation, shall be governed by and construed in accordance with the laws of the State of Colorado and the Charter, ordinances, regulations, and policies of the City of Grand Junction, Colorado, as applicable. Venue for any action arising from or relating to this Solicitation or any resulting Contract shall be in the District Court of the 21st Judicial District, Mesa County, Colorado.

2.28. Order of Precedence: In the event of a conflict between the Contract and any incorporated or referenced documents, the provisions of the Contract shall govern and control. In the event of a conflict between City-issued documents and the Contractor’s proposal or other submitted materials, the City-issued documents shall govern.

2.29. Sovereign Immunity: The City expressly reserves and asserts all rights, privileges, and defenses available under Colorado’s Governmental Immunity Act, C.R.S. § 24-

10-101 et seq., as well as all applicable case law interpreting and construing the same. Nothing in this solicitation or any resulting contract award shall be construed as a waiver of the City’s sovereign immunity.

2.30. Public Funds and Non-Appropriation of Funds: Payment for services under this Contract is contingent upon funds appropriated by the City’s approved budget for the applicable fiscal year. Under Colorado law, public funds cannot be obligated or expended beyond the fiscal year for which a budget has been approved.

Accordingly, any contractual commitments extending beyond the fiscal year are subject to future budget approvals. This Contract shall include a non-appropriation-of-funds clause to ensure compliance with Colorado law. If funds are not appropriated for subsequent fiscal years, the City reserves the right to terminate the Contract without penalty or liability.

2.31. Performance of the Contract: In the event of a breach or default, the City reserves the right to enforce the terms of the Contract through any legal or equitable means deemed in the City’s best interest. The City may pursue all available remedies as prescribed by law to ensure compliance with the contractual obligations.

2.32. Default: The City reserves the right to terminate the Contract if the Contractor materially breaches any of its obligations, including failure to perform services in a timely, competent, or professional manner; failure to comply with Service requirements, administrative procedures, or reporting obligations; or violation of applicable laws, regulations, or contract terms.

Prior to termination, the City will provide written notice of the default and allow the Contractor a reasonable opportunity to cure the issue, unless the breach presents an immediate risk to public health, safety, or the City’s operations.

If the Contractor fails to cure the default within the time specified in the notice, the City may take appropriate corrective action, including procuring substitute services from another provider, and may hold the Contractor responsible for any resulting costs, damages, or losses.

This remedy is in addition to, and does not limit, any other rights or remedies available to the City under this Contract, at law, or in equity.

2.33. Piggyback: Where permitted and appropriate, the City may allow cooperative use of this Contract. Contracts resulting from this solicitation are intended primarily for the use by the City. However, upon mutual written agreement between the awarded Contractor and one or more governmental entities, the Contract may be extended for use by such entities, subject to the same specifications, terms, conditions, and pricing established in the original agreement.

Each participating governmental entity shall execute its own contract with the Contractor, issue its own purchase orders, be invoiced directly, make its own payments, and provide any applicable tax-exemption documentation.

It is expressly understood that the City is not a party to, nor responsible for, any contract formed between the…