08-2026 RFP MAINT Page 1 of 30

Request for Proposal (“RFP” or “Solicitation”)

08-2026 RFP MAINT

Assessment and Repair or Replacement of ADA Ramp and Decks at Crystal Brook

Townhomes

Proposal Due Date Thursday, September 10, 2026 prior to 4:00 p.m. MST

Electronic Responses Only Submitted through Bidnet http://www.Bidnetdirect.com/colorado

Owner Representative does not have access or control of the vendor side of Bidnet. If website or other problems arise during response submission, vendor must contact Bidnet at 800-835-4603, Option 2, to resolve issue prior to the response deadline.

Owner Representative Michelle Mazur

Business Operations Supervisor procurement@gjha.org

STOP! If you have a question about this RFP, it must be asked publicly via Bidnet. Queries about this RFP made via phone or email WILL NOT BE

ANSWERED.

August 12, 2026

This document has been developed specifically to solicit competitive responses for this Solicitation and may not be the same as previous Grand Junction Housing Authority solicitations. All Proposers are urged to thoroughly review this Solicitation prior to responding. Submittal by fax, email, or hard copy is unacceptable for this Solicitation.

http://www.bidnetdirect.com/colorado mailto:procurement@gjha.org

TABLE OF CONTENTS

Section 1 Instructions to Proposers

Section 2 Scope of Work

Section 3 General Contract Terms and Conditions

Section 4 Insurance and Bond Requirements

Section 5 Preparation and Submittal of Proposals

Section 6 Evaluation of Criteria and Factors

Section 7 Required Forms

Section 8 Attachments

Attachment A – Contract Template

Attachment B – Sample COI

SECTION 1: INSTRUCTIONS TO PROPOSERS

1.1 Purpose. Grand Junction Housing Authority (“GJHA”) is soliciting Competitive Proposals from qualified and interested companies for assessment and repair or replacement of one (1) concrete ADA-compliant ramp and three (3) wood/fiberboard–composite back decks at Crystal Brook Townhomes, 1741 Laveta St., Grand Junction, CO 81503. All requirements, including but not limited to services and Scope of Work, should be verified by Proposer prior to submission of Proposal.

1.2 Owner. Owner is GJHA, unless otherwise designated, and is referred to throughout this Solicitation. The term Owner means Owner or his or her authorized representative.

1.3 Non-Mandatory Site Visit/Meeting. Prospective Proposers are encouraged to attend this meeting. The purpose of this meeting is to inspect and clarify the contents of this Solicitation.

Date: Wednesday, August 26, 2026 Time: 11:00 a.m. MST Meeting Location: 1741 Laveta St., Grand Junction, CO 81503

1.4 RFP Tentative Schedule

RFP Available August 12, 2026 Questions Deadline August 28, 2026 Addenda Issued by September 2, 2026 Proposal Due Date September 10, 2026, at 4:00 p.m.

MST

Evaluation of Proposals September 17, 2026 Finalist Interviews (if required) by September 17, 2026 Final Selection by Staff/Audit Committee September 22, 2026 Contract Execution September 25, 2026 Insurance Certificate Due September 25, 2026 Work Begins (no later than) TBD Final Completion TBD

1.5 Electronic Signatures. Electronic signatures and copies of signatures shall be legally binding with the same force and effect as manually executed signatures.

1.6 Submission. See Section 5 for Preparation and Submittal of Proposals.

Proposals must be formatted as directed in Section 5. Submittals that fail to follow this format may be deemed non-responsive.

1.7 Bid Price Form Requirements. All pricing proposals must be made on the Bid

Price Form attached and should give the amounts both in words and in figures. It must be executed in the company name by the president, vice president or other corporate officer accompanied by evidence of authority to sign. Proposer’s Bid Price Form shall contain an acknowledgment of receipt of any Addenda, the number of which shall be inserted on Proposer’s Bid Price Form in the space provided.

1.8 Proposal Alterations. A Proposal that is in the possession of Owner may be altered via Bidnet, provided such alteration is completed prior to the Proposal Due Date and time.

1.9 Late Proposals. Proposals received after the Proposal Due Date, listed in the RFP Tentative Schedule, may be considered non-responsive and not accepted.

The responsibility for a timely submission rests with Proposer. GJHA is not responsible for lost or misdirected response submissions or for any technical issue(s) with Bidnet.

1.10 Discovery of Errors after Proposal Opening. Matters of form rather than substance evident from the face of the Proposal, such as minor errors and irregularities by Proposers, are waivable or correctable at Owner’s discretion, if:

1.10.1 There is no material variation from the original requirements definition, specifications, Scope of Work, or deliverable; and

1.10.2 The error or irregularity has no impact on quality, delivery, quantity, performance, price, or ability to comply with the fulfilment conditions;

and

1.10.3 The error or irregularity would not restrict or impact the open, fair, and competitive nature of this Solicitation; and

1.10.4 The waiver or correction is in the best interests of Owner.

1.11 Mathematical Errors. If there is a discrepancy between unit price and the mathematical products of the unit price and the estimated quantities in the schedule, the unit price shall govern. If the mathematical products of the unit price and the estimated quantity in the schedule are not shown, the unit price and quantity will be used. Owner may require Proposer to give Owner written verification of the matter and make the appropriate adjustment(s).

1.12 Withdrawal of Proposal. A Proposal must be firm and valid for award and shall not be withdrawn or canceled by Proposer for sixty (60) calendar days following the Proposal Due Date. After award, the Proposal may not be withdrawn except in exigent circumstances and only in the sole and absolute discretion of Owner.

Submission of clarifications and revised offers after award automatically establishes a new thirty calendar day (30) period from receipt of clarification or revisions.

1.13 Award. Owner reserves the right to make the award based on the offer deemed most favorable, to waive any formalities or technicalities, and to reject any or all offers for any reason.

1.14 Cancelation of Solicitation. Any solicitation may be canceled by Owner. Any solicitation response by a Proposer may be rejected in whole or in part when it is in the best interest of Owner.

1.15 Contractual Obligations. The complete RFP including any attachments and Proposer’s Proposal are made a part of the Contract Documents. The contents of the Proposal of the successful Proposer shall become contractual obligations following award. Failure of the successful Proposer to accept the obligations in the Contract Documents shall result in cancellation of the award and such Proposer may be removed from future solicitations.

1.16 Examination of Specifications. Proposers shall thoroughly examine and be familiar with the project Scope of Work. The failure of any Proposer to receive or examine any form, Contract Documents, addendum, or other document shall in no way relieve Proposer from any obligation with respect to his or her proposal. The submission of a Proposal shall be taken as evidence of Proposer’s compliance with this section.

1.17 Questions Regarding Scope of Work. All questions or any information relative to interpretation of the Scope of Work or specifications shall be requested via Bidnet, by the Questions Deadline noted in the RFP Tentative Schedule.

1.18 Addenda & Interpretations. Any interpretations, corrections or changes to this Solicitation or extensions to the opening/receipt date shall be made by a written Addendum to the Solicitation by Owner. Sole authority to authorize addenda shall be vested in Owner’s Representative. Addenda will be issued electronically through the Bidnet website at www.bidnetdirect.com/colorado. Proposer shall acknowledge receipt of all addenda in its Proposal. Proposers are responsible for obtaining all Solicitation documents. Owner is not bound by any oral representations, clarifications, or changes made in the written specifications by Owner’s employees, unless such clarification or change is provided in written addendum from Owner.

1.19 Confidentiality. Materials submitted in response to this RFP shall become public record and subject to inspection after contract award.

1.19.1 “Proprietary or Confidential Information” is defined as any information that is not generally known to competitors and which provides a competitive advantage. Unrestricted disclosure of proprietary information places it in the public domain. Only submittal information clearly identified with the words “Confidential Disclosure” and uploaded as a separate document may establish a confidential, proprietary relationship.

1.19.2 Any material to be treated as confidential or proprietary in nature must include a justification for the request. Consistent with the Colorado Open Records Act (“CORA”), the request will be reviewed and either approved or denied by Owner. If denied, Proposer will have the opportunity to withdraw its entire Proposal or remove the confidential or proprietary information.

1.19.3 Neither cost nor pricing information nor the total response shall be considered confidential or proprietary.

1.20 Open Records. Proposals shall be received and publicly acknowledged via Bidnetdirect.com/Colorado. However, all non-confidential Proposals shall be open for public inspection after the Contract is awarded. Trade secrets and confidential information contained in a Proposal so identified by Proposer as such shall be treated as confidential by Owner to the extent permitted by CORA.

1.21 Response Material Ownership. Proposals become property of Owner upon receipt. Selection or rejection of the Proposal shall not affect this right. Owner shall have the right to use all ideas or adaptations of the ideas contained in any Proposal received in response to this RFP, subject to limitations outlined in the above section entitled “Confidentiality”. Disqualification of a Proposal does not eliminate this right.

1.22 Protests. Protests may only be filed by an actual or prospective Proposer whose direct economic interest would be affected by the award of a contract or by the failure to award a contract. The protest shall be submitted in writing to the Chief Executive Officer within seven (7) business days after such aggrieved person or entity knows or should have known of the facts giving rise to the protest, which generally occurs when a Notice of Intent to Award letter is received by Proposers, whichever occurs first. Any protest must be received by Owner’s Chief Executive Officer prior to Owner executing a contract with the selected Proposer.

1.23 Taxes. Owner is exempt from state, county and municipal sales and use taxes and Federal Excise tax. Therefore, unless otherwise specified, all fees shall not include taxes. Colorado Tax Exempt No. 09800859.

1.24 Collusion Clause. By submitting a Proposal, Proposer certifies that it is not party to any collusive action or any action that may be in violation of the Sherman Antitrust Act. Any and all Proposals shall be rejected if there is evidence or reason to believe that collusion exists among Proposers. Owner will not accept future bids from participants in such collusion.

1.25 Multiple Bids. If a Proposer submits more than one (1) offer, THE ALTNERATE OFFER must be clearly marked “Alternate Offer”. Owner reserves the right to make award in the best interest of Owner.

1.26 Public Disclosure Record. If Proposer has knowledge of its employee(s) or

Subcontractors having an immediate family relationship with an employee or official of Owner, Proposer must provide the Purchasing Representative with the name(s) of these individuals. These individuals are required to file an acceptable “Public Disclosure Record”, a statement of financial interest, before conducting business with Owner.

1.27 Procurement Policy. This RFP is subject to Owner’s Procurement Policy that is in effect as of date listed in the RFP availability or RFP Tentative Schedule section in this RFP. However, if terms in this RFP are different than or contradict GJHA’s Procurement Policy, the terms within this Solicitation will supersede the Procurement Policy.

1.28 Compliance: All Proposers, by submitting a Proposal, agree to comply with all conditions, requirements, and instructions of this RFP as stated or implied herein.

Should Owner omit anything from the RFP that is necessary for clear understanding of the requirements, or should it appear that various instructions are in conflict, Proposer shall secure instructions from Purchasing Representative prior to the Proposal Due Date listed in the RFP Tentative Schedule section of this RFP.

SECTION 2: Scope of Work

2.1 General. GJHA serves residents for whom market-rate housing is unaffordable.

We assist individuals, families, seniors, and persons with disabilities throughout all of Mesa County including the rural and unincorporated areas. Our goal is to provide these households with quality, affordable housing options while supporting their efforts to achieve economic self-sufficiency.

GJHA is a body corporate and politic, created by the City of Grand Junction, as authorized by the State of Colorado under the Colorado Revised Statutes §29-4-

201. It is governed by a seven-person Board of Commissioners.

2.2 Project Overview.

2.2.1 Background. Crystal Brook Townhomes consists of two-story, one to four-bedroom residential townhomes built in 1996.

2.2.2 Purpose. The purpose of this Scope of Work is to establish requirements for the assessment, and subsequent repair or replacement, of one ADA-compliant concrete access ramp and three ground-level wood/fiberboard back decks at occupied residential townhouse buildings on GJHA property, ensuring accessibility compliance, structural safety, and resident habitability.

2.3 Specifications/Scope of Services/Scope of Work.

2.3.1 Project Overview. The Grand Junction Housing Authority (GJHA) is soliciting proposals from qualified contractors to assess and either repair or replace:

a) one (1) concrete ADA-compliant access ramp, and

b) three (3) wood/fiberboard-composite back decks

2.3.2 Locations.

• Building 1790 – Concrete ADA access ramp and landing

• Building 1771 – Wood/fiberboard back deck

• Building 1781 – Wood/fiberboard back deck

• Building 1786 – Wood/fiberboard back deck

2.3.3 Assessment Phase. The Contractor shall perform a condition assessment of each structure listed above and provide a written report that includes, at minimum:

a) For ADA ramp:

• Visual and structural inspection of concrete slab, footings, and any supporting elements

• Identification of cracking, spalling, settlement, heaving, or drainage-related deterioration

• Evaluation of surface slope, cross-slope, and landing dimensions against current ADA Standards for Accessible Design (2010) and ICC/ANSI A117.1

b) For Decks:

• Inspection of ledger board attachment, joists, beams, and footings/posts for rot, insect damage, and structural integrity

• Condition of decking boards and any fiberboard/composite components, including delamination, moisture damage, and fastener failure

• Evaluation of guardrails and handrails for code compliance and structural soundness

• Assessment of flashing and ledger-to-building connection for water intrusion issues

c) For All Structures:

• Photographic documentation of existing conditions

• A repair vs. replace recommendation for each structure individually, with supporting rationale

• Itemized cost estimates for both repair and replacement options per structure, allowing GJHA to make independent decisions on each

2.3.4 Repair and/or Replacement Work. Based on GJHA's review and written authorization of the assessment findings, the Contractor shall furnish all labor, material, equipment, and supervision to perform the approved repair or replacement scope, which may include:

a) ADA Ramp:

• Demolition and removal of existing concrete and disposal offsite

• Subgrade preparation, compaction, and drainage correction as needed

• Formwork, reinforcement, and placement of new concrete meeting or exceeding original specifications

• Full compliance with current ADA/ICC A117.1 slope, landing, width, and handrail requirements regardless of whether repair or full replacement is selected

b) Decks:

• Removal and disposal of damaged decking, framing, ledger boards, guardrails, or fiberboard components as needed

• Repair or replacement of framing members, posts, and footings to current structural standards

• Installation of new decking and guardrails using materials approved by GJHA o Deck Material Specification: Contractor shall propose replacement decking material (e.g., pressure-treated lumber, composite) for GJHA review and approval prior to work;

proposal should note relative cost, expected service life, and maintenance requirements of each option.

• Proper ledger board flashing and attachment per current code to prevent recurring water intrusion

• Fastener and hardware upgrades to current code (e.g., structural screws/bolts vs. nails where required)

c) All Structures:

• Restoration of any disturbed landscaping, walkways, or adjacent surfaces to pre-work condition

• Removal of debris and final site cleanup

2.3.5 Site Conditions and Occupied Property Requirements.

2.3.5.1 All buildings are occupied residential townhouses; work must be sequenced and coordinated with GJHA to minimize disruption to residents

2.3.5.2 Contractor shall maintain safe, accessible pedestrian routes at all times during construction, including a temporary accessible route if the ADA ramp is out of service during work

2.3.5.3 Contractor shall provide GJHA a minimum of 3 business days' notice prior to beginning work at each building for tenant notification purposes

2.3.5.4 Work areas must be secured/fenced or otherwise protected from resident access during active construction and curing/installation periods

2.3.5.5 Contractor is responsible for protecting adjacent property, landscaping, and building components from damage

2.3.6 Permits, Codes, and Standards.

2.3.6.1 Contractor shall obtain all required local building permits and inspections

2.3.6.2 Ramp work shall comply with applicable local building codes, the ADA Standards for Accessible Design (2010), and ICC/ANSI A117.1

2.3.6.3 Deck work shall comply with applicable local building codes (IRC/IBC deck provisions), manufacturer specifications for decking/fiberboard materials, and current guardrail code requirements

2.3.6.4 Concrete mix design, curing time, and finish (ramp) shall be submitted for GJHA approval prior to placement

2.3.7 Deliverables.

2.3.7.1 Written assessment report prior to any repair/replacement work

2.3.7.2 Photographic documentation of before, during, and after conditions for each structure

2.3.7.3 Copies of all required permits and final inspection approvals

2.3.7.4 Warranty documentation

2.3.8 Warranty. Contractor shall provide a written warranty covering labor and materials for all work performed under this contract. At minimum, the warranty shall address the following separately, as applicable:

2.3.8.1 Labor/workmanship: Contractor's warranty period for

installation and workmanship, covering defects such as improper installation, fastening, or finishing

2.3.8.2 Structural components: Warranty coverage for framing, footings, posts, ledger attachment, and concrete work against structural failure, settlement, or cracking not attributable to normal wear

2.3.8.3 Decking and surface materials: Manufacturer's warranty terms for decking boards, fiberboard/composite materials, or concrete surface finish, to be passed through to GJHA

2.3.8.4 Concrete (ramp): Warranty period specific to the ADA ramp, given its differing wear conditions and compliance requirements

Proposals shall clearly state the warranty period and coverage terms for each category above. GJHA will evaluate warranty terms as part of the overall proposal but does not require a uniform warranty period across all materials and components. Where manufacturer warranties apply (e.g., composite decking), Contractor shall provide documentation of those terms and confirm any conditions required to keep the manufacturer warranty valid (e.g., approved installation methods).

All warranties shall begin on the date of final acceptance of the applicable structure by GJHA, and Contractor shall provide GJHA with copies of all warranty documentation as a condition of final payment.

2.4 Special Conditions/Provisions.

2.4.1 Grants. [INTENTIONALLY LEFT BLANK]

2.4.2 Budget. [INTENTIONALLY LEFT BLANK]

2.4.3 Price/Fees. Services or Work pricing shall be all inclusive, to include, but not limited to labor, materials, equipment, travel, drawings, documentation, shipping/friend, licenses, permits, fees, etc.

All fees will be considered by Owner to be negotiable.

SECTION 3: GENERAL CONTRACT TERMS AND CONDITIONS

3.1 Definitions.

3.1.1 Contract Documents. These documents shall include but are not limited to the Contract, Plans, Specifications, Drawings, Scope of Work, RFP, Proposal, Change Order, Addenda, Field Orders and Amendments, etc.

3.1.2 Contractor. The person or organization identified as such in the

Contract and is referred to throughout the Contract Documents. The term Contractor means Contractor or its authorized representative(s).

3.1.3 Subcontractor. A person or organization who has a direct contract with

Contractor to perform any of the Work at the site. The term Subcontractor is referred to throughout the Contract Documents and means a Subcontractor or its authorized representative(s).

3.1.4 Work. Includes all labor, materials, equipment, and/or services necessary to produce the requirements of the Contract Documents.

3.2 Acceptance of RFP Terms. A Proposal submitted in response to this RFP shall constitute a binding offer. Acknowledgment of this condition shall be indicated on the Cover Letter by Proposer or an officer of Proposer legally authorized to execute contractual obligations. A submission in response to the RFP acknowledges acceptance by Proposer of all terms and conditions, as set forth in this RFP.

Proposer shall identify clearly and thoroughly any variations between its Proposal and Owner’s RFP requirements. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the RFP.

3.3 Contract. The RFP, submitted documents, and any negotiations, when properly accepted by Owner, shall constitute a Contract equally binding between Owner and Proposer. The Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, or agreements, whether written or oral. The Contract may be amended or modified with Change Orders, Field Orders, or Amendment(s).

3.4 Execution, Correlation, Intent, and Interpretations. The Contract Documents will be signed by Owner and Contractor. Owner will provide the Contract substantially in the form attached to this RFP as Attachment A. By executing the Contract, Proposer represents that they have familiarized themselves with the local conditions under which the Work is to be performed and correlated his or her observations with the requirements of the Contract Documents. The Contract Documents are complementary, and what is required by anyone, shall be as binding as if required by all. The intention of the Contract Documents is to include all labor, materials, equipment, services, and other items necessary for the proper execution and completion of the Scope of Work. All drawings, specifications and copies furnished by Owner are, and shall remain, Owner’s property. They are not to be used on any other project, and except for one Contract set for each party to the Contract, must be returned to Owner on request at the completion of the Work.

3.5 Owner’s Access to Work. Owner shall always have access to the Work whether it is in preparation or progress. Contractor shall provide facilities for such access.

Owner will familiarize itself generally with the progress and quality of Work and to determine if the Work is proceeding in accordance with the Contract Documents.

Owner will not be responsible for the acts or omissions of Contractor, or any Subcontractor, its agents or employees, or any other persons performing any of the Work.

3.6 Contractor’s Obligation. Contractor shall carefully study and compare the General Contract Conditions in the Contract, Specifications, Scope of Work, Plans, Drawings, Addenda and Modifications and immediately report to Owner any error, inconsistency, or omission Contractor may discover. Contractor shall not be liable to Owner for any damage resulting from such errors, inconsistencies, or omissions, unless Contractor knows or becomes aware of such errors, inconsistencies, or omissions, and fails to promptly notify Owner. Contractor shall not commence Work without clarifying requirements or interpretations.

3.7 Warranty. Contractor warrants to Owner that all materials and equipment furnished under the Contract will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these standards may be considered defective. If required by Owner, Contractor will furnish satisfactory evidence as to the kind and quality of materials and equipment. If within ten (10) calendar days after written notice to Contractor requesting such repairs or replacement, Contractor neglects or fails to make or undertake said repairs or replacements with due diligence, GJHA may make such repairs or replacements.

All indirect and direct costs of such correction, removal, or replacement shall be at Contractor’s sole expense. Contractor will also bear the expense of curing all Work of others, destroyed or damaged, by the correction, removal, or replacement of defective Work.

3.8 Permits, Fees, & Notices. Contractor shall secure and pay for all permits, governmental fees, and licenses necessary for the proper execution and completion of the Work. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and orders of any public authority bearing on the performance of the Work. If Contractor observes that any of the Contract Documents are at variance in any respect, Contractor will promptly notify Owner in writing, and any necessary changes will be appropriately adjusted. If Contractor performs any work knowing it to be contrary to any law, ordinance, rule, regulation, or order of any public authority, and without such notice to Owner, Contractor shall assume full responsibility and bear all costs attributable to said Work.

3.9 Responsibility for Those Performing the Work. Contractor shall be responsible to Owner for the acts and omissions of all its agents, employees and Subcontractors, their agents and employees, and all other persons performing any of the Work under a contract with Contractor.

3.10 Indemnification. Contractor shall defend, indemnify and hold harmless Owner, and all its officers, commissioners, employees, agents, and insurers from and against all liability, suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property resulting from any negligent or willful act or fault of Contractor, or any of Contractor’s agents, employees, Subcontractors or suppliers in the execution of, or performance under, any contract that may result from Proposal award. Contractor shall pay any judgment with costs and applicable attorney’s fees obtained against Owner arising out of such injury or damages.

3.11 Material Availability. Contractor must accept responsibility for verification of material availability, production schedules, and other pertinent data prior to submission of Proposal. It is the responsibility of Proposer to immediately notify Owner if materials specified are discontinued, replaced, or unavailable for an extended time period.

3.12 OSHA Standards. All Proposers agree and warrant that services performed in response to this invitation shall conform to the standards declared by the U.S.

Department of Labor under the Occupational Safety and Health Act of 1970 (“OSHA”), as amended. In the event the services do not conform to OSHA standards, Owner may require the services to be redone at no additional expense to Owner.

3.13 Contract Time. The Contract Time is the time period allotted in the Contract

Documents for completion of the Work. The date of commencement of the Work is the date established in the Contract Documents.

3.14 Progress and Completion. Contractor shall begin the Work on the date of commencement as defined in the Contract and shall carry the Work forward expeditiously, with adequate forces, and shall complete it within the Contract Time.

3.15 Payment and Completion. The Contract Sum is stated in the Contract and is the total amount payable by Owner to Contractor for the performance of the Work under the Contract Documents. Upon receipt of the product or written notice that the Work is ready for final inspection and acceptance, and upon receipt of application for payment, Owner’s Project Manager will promptly make such inspection. When the Owner’s Project Manager finds the Work acceptable under the Contract Documents and the Contract fully performed, Owner shall make payment in the manner provided in the Contract Documents. Partial payments will be based upon estimates, prepared by Contractor, of the value of services performed and materials placed in accordance with the Contract Documents.

3.16 Inspection. Owner reserves the right, without notice and at reasonable times, to inspect the Work accomplished by Contractor under this Contract. The right of inspection reserved in Owner is for protection of Owner in assuring that the Work is proceeding in a timely and satisfactory manner and does not relieve Contractor from responsibility for selecting appropriate means of fulfilling its contractual obligations.

3.17 Professionalism. Contractor shall perform its Work in accordance with sound and acceptable industry or professional practices and standards and in accordance with all codes, standards, regulations, and laws applicable to the Work.

3.18 Protection of Persons and Property. Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss. Contractor shall erect and maintain, as required by existing safeguards for safety and protection, all reasonable precautions, including posting danger signs or other warnings against hazards promulgating safety regulations and notifying owners and users of adjacent utilities. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct by Contractor in the execution of its contractual obligations, or in consequence of the non-execution thereof by Contractor, Contractor shall restore, at its own expense, such property to a condition similar or equal to that existing before such damage or injury was suffered, by repairing, rebuilding, or otherwise restoring as may be directed, or it shall make good such damage or injury in an acceptable manner.

3.19 Change Order/Amendment. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting Contract. All Change Orders/Amendments to the Contract shall be made in writing by Owner and executed by Owner and Contractor.

3.20 Changes in the Work. Owner, without invalidating the Contract, may order changes to the Contract such as changes in the Work within the general scope of the Contract consisting of additions, deletions and/or other revisions, the Contract Sum and the Contract Time being adjusted accordingly, if necessary. All such changes in the Work shall be authorized by Change Order/Amendment and shall be executed under the applicable conditions of the Contract Documents. A Change Order/Amendment is a written order to Contractor signed by Owner issued after the execution of the Contract, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only by a written Change Order/Amendment signed by Owner and Contractor.

3.21 Minor Changes in the Work. Owner shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents.

These minor changes must be confirmed by a written Change Order executed by Owner and Contractor.

3.22 Claims for Additional Cost or Time. If Contractor wishes to make a claim for an increase in the Contract Sum or an extension in the Contract Time, Contractor shall give written notice to Owner within seven (7) business days after the occurrence of the event giving rise to such claim. This notice shall be given by Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case Contractor shall proceed in accordance with the regulations on safety. No such claim shall be valid unless so made. Any change in the Contract Sum or Contract Time resulting from such claim shall be authorized by written Change Order/Amendment executed by Owner and Contractor.

3.23 Uncovering and Correction of Work. Contractor shall promptly correct all Work rejected by Owner as defective or as failing to conform to the Contract Documents whether observed before or after substantial completion and whether or not fabricated installed or competed. Contractor shall bear all costs of correcting such rejected Work, including the cost of Owner’s necessary additional services resulting from same. If within one (1) year after the date of completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any of the Work found to be defective or not in accordance with the Contract Documents, shall be corrected within seven (7) business days by Contractor after receipt of a written notice from Owner to do so unless Owner has previously given Contractor a written acceptance of such condition. Owner shall give such notice within seven (7) business day after discovery of condition. All such defective or non-conforming Work under the above paragraphs shall be removed from the site where necessary and the Work shall be corrected to comply with the Contract Documents without cost to Owner. Contractor shall bear the cost of curing all Work of separate Contractors destroyed or damaged by such removal or correction. If Owner prefers to accept defective or non-conforming Work, Owner, in its sole subjective discretion, may do so instead of requiring its removal and correction, in which case a Change Order/Amendment will be issued to reflect an appropriate reduction in the payment or Contract Sum, or, if the amount is determined after final payment, it shall be paid by Contractor to Owner.

3.24 Conflict of Interest. No Owner, commissioner, official, or employee shall have an interest in any Contract resulting from this Solicitation.

3.25 Ethics. Contractor shall not accept from or offer gifts or anything of substantial value to any employee, official, or agent of Owner. Gratuities and kickbacks are expressly prohibited.

3.26 Assignment. Contractor shall not sell, assign, transfer or convey the Contract resulting from this Solicitation, in whole or in part, without the prior written consent of Owner. Any attempt to assign the Contract without the prior express written consent of Owner shall render the Contract null and void with respect to the attempted assignee.

3.27 Conformance with Law: Contractor shall at all times during the performance period strictly adhere to all applicable federal, state, and local laws and implement regulations as they currently exist and may be amended from time to time. This shall include, without limitation, laws applicable to discrimination and unfair employment practices. Contractor shall also require compliance with these statutes and regulations in subcontract and subgrant agreements, if any, permitted under the Contract. Contractor must comply with all ADA (“Americans with Disabilities Act”) requirements.

3.27.1 Contractor warrants that it is qualified to assume the responsibilities and render the Work described herein and has all requisite corporate authority and professional licenses in good standing, required by law.

3.28 Contract Termination. This contract shall remain in full force and effect until any of the following occurs: (1) Contract expires; (2) completion and acceptance of the Work or, (3) termination for convenience of Owner with a written Notice of Cancellation stating the reasons for cancellation and the effective date of cancellation.

3.29 Employment Discrimination. During the performance of any Work for Owner, Contractor, by submitting a Proposal, agrees to the following conditions:

3.29.1 Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, national origin, citizenship status, marital status, veteran status, sexual orientation, or any legally protected status except when such condition is a legitimate occupational qualification reasonably necessary for the normal operations of Contractor. Contractor agrees to post in conspicuous places, visible to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

3.29.2 Contractor, in all solicitations or advertisements for employees placed by or on behalf of Contractor, shall state that such Contractor is an Equal Opportunity Employer.

3.29.3 Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

3.30 Failure to Deliver/Default. In the event Contractor fails to deliver Work in accordance with the Contract Documents, including but not limited to failure to meet delivery or completion schedules, or otherwise perform its obligations under the Contract, Owner, after due oral or written notice, may procure the Work from other sources and hold Contractor responsible for any costs resulting in additional purchase and administrative services. This remedy shall be in addition to any other remedies that Owner may have.

3.31 Failure to Enforce. Failure by Owner at any time to enforce the provisions of the

Contract shall not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of the Contract or any part thereof, or the right of Owner to enforce any provision at any time in accordance with its terms.

3.32 Force Majeure. Neither party shall be liable for failure to perform under the

Contract if such failure to perform arises out of causes beyond the control and without the fault or negligence of the non-performing party. Such causes may include, but are not limited to, acts of God or the public enemy, fires, floods, epidemics, pandemics, quarantine restrictions, freight embargoes and unusually severe weather. This provision shall become effective only if the party failing to perform immediately notifies the other party of the extent and nature of the problem, limits delay in performance to that required by the event and takes all reasonable steps to minimize delays. This provision shall be ineffective unless the failure to perform is beyond the control and without the fault or negligence of the non-performing party.

3.33 Independent Contractor. Contractor shall be legally considered an Independent

Contractor and neither Contractor nor its employees shall, under any circumstances, be considered servants or agents of Owner. Owner shall be at no time legally responsible for any negligence or other wrongdoing by Contractor, its employees, servants, or agents. As an Independent Contractor, Contractor shall be responsible for payment of all taxes including federal, state, and local taxes arising out of the activities under this Contract, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or license fees required. Further, Owner shall not provide to Contractor any insurance coverage or other benefits, including workers' compensation, normally provided by Owner for its employees.

3.34 Nonconforming Terms and Conditions. A Proposal that includes terms and conditions that do not conform to the terms and conditions of this Solicitation is subject to rejection as non-responsive. Owner reserves the right to permit Contractor to withdraw nonconforming terms and conditions from its Proposal prior to a determination by Owner of non-responsiveness based on the submission of nonconforming terms and conditions.

3.35 Ownership. All plans, prints, designs, concepts, etc., shall become the property of Owner.

3.36 Patents/Copyrights. Contractor agrees to protect Owner from any claims involving infringements of patents and/or copyrights. In no event will Owner be liable to Contractor for any/all suits arising on the grounds of patent(s)/copyright(s) infringement. Patent/copyright infringement shall null and void any Contract resulting from response to this RFP. Contractor assures that where activities supported by the Contract produce any discovery or invention, original computer programs, writing, sound recordings, pictorial reproductions, drawing or other graphical representation and works of any similar nature, Owner has the right to use, duplicate and disclose, in whole or in part, in any manner, for any purpose whatsoever and authorize others to do the same. If the material or invention is copyrightable, Contractor may copyright, but Owner reserves royalty-free non-exclusive and irrevocable license to practice, reproduce, publish, and use such materials in whole or in part, and authorize others to do so.

3.37 Remedies. Contractor and Owner agree that both parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code.

3.38 Venue. Any Contract as a result of responding to this RFP shall be deemed to have been made in, and shall be construed and interpreted in accordance with, the laws of the City of Grand Junction, Mesa County, State of Colorado. In the event of any dispute concerning performance hereunder, the parties agree that the Court shall enter judgment in favor of the substantially prevailing party for costs and reasonable attorney’s fees.

3.39 Expenses. Expenses incurred in preparation, submission and presentation of this

Solicitation are the responsibility of Proposer and cannot be charged to Owner.

3.40 Sovereign Immunity. Owner specifically reserves its right to sovereign immunity pursuant to Colorado State Law as a defense to any action arising in conjunction to this Contract.

3.41 Public Funds/Non-Appropriation of Funds. Funds for payment have been provided through Owner’s budget approved by its Board of Commissioners for the stated fiscal year only. State of Colorado statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of Owner’s fiscal year shall be subject to budget approval. The Contract will be subject to, and must contain, a governmental non-appropriation of funds clause.

SECTION 4: INSURANCE AND BOND REQUIREMENTS

4.1 Insurance Requirements. Contractor agrees to procure and maintain, at its own cost, policy(s) of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Contract. Such insurance shall be in addition to any other insurance requirements imposed by the Contract Documents or by law. Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Contract by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. Contractor shall procure and maintain and, if applicable, shall cause any Subcontractor of Contractor to procure and maintain insurance coverage listed below. Such coverage shall be procured and maintained with forms and insurers acceptable to Owner. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Contract. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Minimum coverage limits shall be as indicated below unless specified otherwise in the Special Conditions:

4.1.1 Policy of general liability insurance Minimum Requirement will be

$1,000,000.00 (One million) per occurrence, $2,000,000.00 (Two million) aggregate. This coverage will include fire damage of $100,000.00 (One hundred thousand) and medical expenses of $5,000.00 (Five thousand) per person and a deductible not greater than $ 1,000.00. Grand Junction Housing Authority (“GJHA”) will be named upon each certificate issued as an “additional insured.”

4.1.2 [INTENTIONALLY DELETED]

4.1.3 Automobile liability coverage in a combined single limit of $1,000,000.00 with a deductible not greater than $ 500. With respect to each of Contractor’s owned, hired, or non-owned vehicles assigned to be used in performance of the Work. The policy shall contain a severability of interest’s provision.

4.1.4 Contractor will procure, maintain, and pay all premiums at Contractor’s expense, for Workers’ Compensation insurance on all employees and any persons performing any of Contractor’s obligations under the Contract. As used in the Contract, “employee(s)” will have the same meaning as set forth in Section 8-40-202, C.R.S., and “employer” will have the same meaning as in Section 8-40-203(1)(b), C.R.S. Before performing any Work under this Contract, Contractor will provide to Owner workers’ compensation proof of insurance certificate(s) demonstrating that the requirements of this subsection (c) are met, or documentation substantiating proper rejection of coverage under Section 8-41-202(1), C.R.S., which certificates will be made a part of the Contract Documents. Contractor will maintain its insured status for purposes of workers’ compensation throughout the term of the Contract and will provide proof of such status when requested by Owner.

4.1.5 Contractor will provide Owner with current certificate(s) evidencing all insurance coverage required above, including confirmation that it has named Grand Junction Housing Authority as an additional insured. If an insurance policy renews during the effective term on the Contract, Contractor must provide an updated certificate to Owner.

4.1.6 Every policy required above shall be primary insurance, and any insurance carried by Owner, its officers, or its employees, or carried by or provided through any insurance pool of Owner, shall be excess and not contributory insurance to that provided by Contractor. No additional insured endorsement to any required policy shall contain any exclusion for bodily injury or property damage arising from completed operations. Contractor shall be solely responsible for any deductible losses under any policy required above.

4.2 Additional Insured Endorsement. The policies required above shall be endorsed to include Owner and Owner’s commissioners, officers, and employees as additional insureds with the exception of workers compensation. Every policy required above shall be primary insurance, and any insurance carried by Owner, its officers, or its employees, or carried by or provided through any insurance pool of Owner, shall be excess and not contributory insurance to that provided by Contractor.

4.3 Bonding. Bid, performance and payment bonds are required of Contractor. Such bonds will be issued by a surety licensed in Colorado and must be acceptable to Owner.

4.3.1 Bid Bond. Each Proposal shall as a guaranty of good faith on the part of the Proposer be accompanied by a Bid Guaranty consisting of a certified or cashier’s check drawn on an approved national bank or trust company in the State of Colorado and made payable without condition to GJ HA; or a Bid Bond written by an approved corporate surety in favor of GJHA. The amount of the Bid Guaranty shall not be less than 5% of the total Bid amount. Once a Bid is accepted and a Contract is awarded, the apparent successful Proposer has ten (10) calendar days to enter into a Contract in the form prescribed and to furnish the bonds with a legally responsible and approved surety. Failure to do so will result in forfeiture of the Bid Guaranty to GJHA as Liquidated Damages.

Each Proposer shall guaranty its total bid price for a period of sixty (60) calendar days from the date of the bid opening.

4.3.2 Performance Bond. Performance bond will be issued in the penal sum equal to one hundred percent (100%) of the Contract Price. The Performance Bond will cover the cost to complete the Work but will not cover any damages of the type specified to be covered by the insurance pursuant to this Section, whether such insurance is provided or in an amount sufficient to cover such damages.

4.3.3 Payment Bond. The penal sum of the payment bond will equal the penal sum of the performance bond. Contractor’s payment bond for the Project will be made available by Contractor for review and copying by the Subcontractor.

4.3.4 Any increase in the Contract Price that exceeds ten percent (10%) in the aggregate will require a…