biddoc.pdf

Facilities Department

Request for Proposal

RFP 2627-KY

TRI RIVER BUILDING

ROOFTOP HVAC UNIT REPLACEMENTS

Responses Due

9/24/26 prior to 2 PM Mountain Time (MT)

MANDATORY Site Visit Meeting 9/9/26, 10AM MT

Electronic Responses Only Submitted through the Rocky Mountain E-Purchasing System (RMEPS) https://www.bidnetdirect.com/colorado

Purchasing Representative does not have access or control of the vendor side of RMEPS.

If website or other problems arise during response submission, vendor must contact RMEPS to resolve issue prior to the response deadline. 800-835-4603.

Purchasing Representative Kathy Young, Facilities Operations Manager kathy.young@mesacounty.us 970-244-3239

Issued September 2, 2026

This document has been developed specifically to solicit competitive responses for this solicitation, and may not be the same as previous Mesa County solicitations. All Offerors are urged to thoroughly review this solicitation prior to responding. Submittal by fax, email, or hard copy is not acceptable for this solicitation.

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Request for Proposal

TABLE OF CONTENTS

Section

1 Administrative Information and Conditions for Submittal

2 General Contract Terms and Conditions

3 Insurance Requirements

4 Scope of Services/Specifications

5 Proposal Content

6 Evaluation Criteria and Factors

7 Solicitation Response Form

8 Sample Contract

9 Attachments

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SECTION 1: ADMINISTRATIVE INFORMATION & CONDITIONS FOR SUBMITTAL

1.1. Purpose. The Facilities Department of Mesa County, Colorado is requesting competitive proposals from qualified mechanical contractors for the removal and replacement of the existing rooftop HVAC units at the Tri River Building located at 2775 US Hwy 50, Grand Junction, CO.

1.2. The Owner. The Owner is Mesa County, Colorado and is referred to throughout this Solicitation. The term Owner or County means the Owner or his or her authorized representative.

The County would like to remind all Contractors, Sub-Contractors, Vendors, Suppliers, Manufacturers, Service Providers, etc. that (with the exception of Pre- Proposal or Site Visit Meetings) all questions, inquiries, comments, or communication pertaining to any formal solicitation (whether process, specifications, scope, etc.) must be directed (in writing) to the Purchasing Representative assigned to the project. Direct communication about this specific project with any County Staff that may be involved in this project is not appropriate for public procurement, and may result in disqualification.

1.3. Site Visit Meeting. A mandatory site visit meeting is required for all prospective offerors. The purpose of this meeting is to provide a walk through of the project.

Date: September 9, 2026 Time: 10 AM Mountain Time Meeting location: Tri River Office Address: 2775 US Hwy 50, Grand Junction CO 81503

1.4. RFP Tentative Schedule (All times reflected below are Mountain Time)

RFP Available September 2, 2026 Mandatory Site Visit Meeting September 9, 2026 10 AM Questions Deadline September 11, 2026, 5 PM Posting of Questions & Answers September 15, 2026 RFP Response Due September 24, 2026, 2 PM Evaluation of Proposals September 25-29, 2026 Contract Execution October 2026

1.5. Compliance. All participating Offerors, by their signature hereunder, shall agree to comply with all conditions, requirements, and instructions of this RFP as stated or implied herein. Should the Owner omit anything from this packet which is necessary to the clear understanding of the requirements, or should it appear that various instructions are in conflict, the Offeror(s) shall secure instructions from the Purchasing Department prior to the date and time of the submittal deadline shown in this RFP.

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

1.7. Submission. Each bid shall be submitted in electronic format only, and only through the Rocky Mountain E-Purchasing System (RMEPS) website (https://www.bidnetdirect.com/colorado).

1. This site offers both “free” and “paying” registration options that allow for full access of the Owner’s documents and for electronic submission of proposals.

(Note: “free” registration may take up to 24 hours to process. Please plan accordingly.)

2. Purchasing Representative does not have access or control of the vendor side of RMEPS.

3. Ensure the bid is submitted in BidNet by obtaining a confirmation number from

BidNet.

4. If website or other problems arise during response submission, contact RMEPS to resolve issue prior to the response deadline. 800-835-4603.

1.8. Proposal Alterations. Any alterations made prior to opening date and time must be initialed by the signer of the proposal, guaranteeing authenticity. Proposals cannot be altered or amended after submission deadline.

1.9. Late Proposals. Proposals received after the Proposal closing date and time will be considered non-responsive and not accepted. The responsibility for a timely submission rests with the Offeror. Mesa County is not responsible for lost or misdirected response submissions or for any technical issue with BidNet.

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

1. There is no material variation from the original requirements definition, specifications, scope of work, or deliverable; and

2. The error or irregularity has not impact of quality, delivery, quantity, performance, price, of the Offeror’s ability to comply with the fulfilment conditions; and

3. The error or irregularity would not restrict of impact the open, fair, and competitive nature of the acquisition; and

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

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1.11. Mathematical Errors. In the event of 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. In the event the mathematical products of the unit price and the estimated quantities in the schedule is not shown, the unit price and quantity will be used. The Owner may require the Offeror to give the Owner written verification of the matter and make the appropriate adjustments.

1.12. Withdrawal of Proposal. A proposal must be firm and valid for award and shall not be withdrawn or canceled by the Offeror for ninety (90) days following the submittal deadline date, and only prior to award. The Offeror so agrees upon submittal of their proposal. After award this statement is not applicable.

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

1.14. Acceptance of Proposal Content. The contents of the proposal of the successful Offeror shall become contractual obligations if acquisition action ensues. Failure of the successful Offeror to accept these obligations in a contract shall result in cancellation of the award and such Offeror may be removed from future solicitations.

1.15. Addenda. All questions shall be submitted in writing via email to the Purchasing Representative by the due date noted in Section 1.4 above and be clearly labeled:

“Written Questions / RFP 2627-KY”. Any interpretations, corrections and changes to this RFP or extensions to the opening/receipt date shall be made by a written Addendum to the RFP by the Purchasing Department. Sole authority to authorize addenda shall be vested in the Mesa County Purchasing Representative.

Addenda will be issued electronically through the Rocky Mountain E-Purchasing System (RMEPS) website at www.bidnetdirect.com/colorado. Offerors shall acknowledge receipt of all addenda in their proposal.

1.16. Open Records. Mesa County is a governmental entity subject to the Colorado Open Records Act (CORA), C.R.S. § 24-72-200.1 et seq., and documents and records in its possession may be subject to public disclosure upon request, unless specifically exempted under CORA or other applicable law. To the extent permitted by law, County agrees to use reasonable efforts to protect from disclosure any confidential or proprietary information clearly marked as “Confidential” or otherwise identified in writing as confidential by Offeror at the time of the information is provided to the County (“Confidential Information”). In the event a CORA request is made for information which has been designated “Confidential” pursuant to this provision, Mesa County shall:

a. Upon receipt of such request notify Offeror of any CORA request that may include Confidential Information. Such notification will include a statement as to whether the County will be asserting the exemption;

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b. Withhold or redact Confidential Information from disclosure to the extent permitted by CORA;

c. Allow Offeror a reasonable opportunity to seek a protective order or other legal remedy if necessary to prevent disclosure, so long as such action is taken expeditiously and does not cause the county to default or otherwise violate the County’s CORA obligations.

Nothing in this provision shall be construed as requiring either Party to violate CORA or any other applicable law, or as guaranteeing nondisclosure of any records that are determined by a court or other authority to be subject to public release.

Upon award of a contract to a successful Offeror, all responses to this solicitation, including those submitted by unsuccessful offerors, become public records, and all materials provided in response to this solicitation are subject to disclosure under the Colorado Open Records Act (CORA). For this reason, in the event of a CORA request, if provided, the redacted electronic copy will be used to respond to CORA requests. Proposers that do not provide a redacted electronic copy acknowledge that the unredacted electronic copy may be used to respond to CORA requests.

Upon receipt of a CORA request that includes any information marked “Confidential” the County will consider the following in whether or not it will deem the information as confidential and not release it if:

1. The disclosure of information would be likely to impair the government’s future ability to gain necessary information; or

2. The disclosure of information would be likely to cause substantial harm to the competitive position of the person providing the information.

If the Offeror wishes the information to remain confidential, information to support either one of these positions should be included with the bid documentation for consideration by the County.

1.17. Response Material Ownership. All proposals become the property of the Owner upon receipt. Selection or rejection of the proposal shall not affect this right. The 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 entitled “Confidential Material”. Disqualification of a proposal does not eliminate this right.

1.18. Protests. Protests may only be filed by an actual or prospective Offeror whose direct economic interest would be affected by the award of a contract or by the

RFP 2627-KY Tri River RTU Replacements Page 7 failure to award a contract. The protest shall be submitted in writing to the Chief Financial Officer within seven (7) business days after such aggrieved person knows or should have known of the facts giving rise thereto, which is generally when a Notice of Intent to Award decision letter is received by Offerors, provided that the protest is received by the County’s Chief Financial Officer prior to the County finalizing a contract with the selected Offeror.

1.19. Taxes. The Owner is a political subdivision of the State of Colorado and thus exempt from sales and use taxes and federal excise tax. Therefore all fees shall not include taxes. Colorado Tax exempt No. 98-04241.

1.20. Collusion Clause. Each Offeror by submitting a proposal 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 for believing that collusion exists among the Offerors. The Owner may or may not, at the discretion of the Owner Purchasing Representative, accept future proposals for participants in such collusion.

1.21. Public Disclosure Record. If the Offeror has knowledge of their employee(s) or sub-offerors having an immediate family relationship with an Owner employee or elected official, the Offeror 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 the Owner.

1.22. Public Opening. Proposals will be received and documented immediately following the proposal deadline. Only the names and locations of the proposing Offerors will be disclosed.

1.23. Procurement Policy. This RFP is subject to the Mesa County Procurement Policy as of the date of RFP availability. A copy of the policy is available on the Mesa County website, located at http://www.mesacounty.us/purchasing/.

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SECTION 2: GENERAL CONTRACT TERMS AND CONDITIONS

2.1. 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 Letter of Interest or Cover Letter by the electronic signature of the Offeror or an officer of the Offeror legally authorized to execute contractual obligations. A submission in response to the RFP acknowledges acceptance by the Offeror of all terms and conditions including compensation, as set forth herein. An Offeror shall identify clearly and thoroughly any variations between its proposal and the 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.

2.2. Execution, Correlation, Intent, and Interpretations. The Contract Documents shall be signed by the Owner and Offeror. By executing the contract, the Offeror represents that they have familiarized themselves with the local conditions under which the Services is to be performed, and correlated their observations with the requirements of the Contract Documents. The Contract Documents are complementary, and what is required by any one, shall be as binding as if required by all. The intention of the documents is to include all labor, materials, equipment, services and other items necessary for the proper execution and completion of the scope of services as defined in the technical specifications and drawings contained herein. All drawings, specifications and copies furnished by the Owner are, and shall remain, Owner property. They are not to be used on any other project.

2.3. Permits, Fees, & Notices. The Offeror shall secure and pay for all permits, governmental fees and licenses necessary for the proper execution and completion of the services. The Offeror shall give all notices and comply with all laws, ordinances, rules, regulations and orders of any public authority bearing on the performance of the services. If the Offeror observes that any of the Contract Documents are at variance in any respect, he shall promptly notify the Owner in writing, and any necessary changes shall be adjusted by approximate modification.

If the Offeror performs any services knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner, he shall assume full responsibility and shall bear all costs attributable.

2.4. Responsibility for those Performing the Services. The Offeror shall be responsible to the Owner for the acts and omissions of all his or her employees and all other persons performing any of the services under a contract with the Offeror.

2.5. Payment & Completion. The Contract Sum is stated in the Contract and is the total amount payable by the Owner to the Offeror for the performance of the services under the Contract Documents. Upon receipt of written notice that the services is ready for final inspection and acceptance and upon receipt of application for payment, the Owner’s Project Manager will promptly make such inspection and, when they find the services acceptable under the Contract

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Documents and the Contract fully performed, the Owner shall make payment in the manner provided in the Contract Documents. Partial payments will be based upon estimates, prepared by the Offeror, of the value of Services performed and materials placed in accordance with the Contract Documents.

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

2.7. Professionalism. The Offeror shall perform its work hereunder 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;

and prior to beginning work, shall secure, at Offeror's expense, all necessary permits required by any governmental agency with jurisdiction.

2.8. Protection of Persons & Property. The Offeror 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. Offeror shall erect and maintain, as required by existing safeguards for safety and protection, and 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 the Offeror in the execution of the services, or in consequence of the non-execution thereof by the Offeror, they shall restore, at their own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or it shall make good such damage or injury in an acceptable manner.

2.9. Audit. The Owner, or its designee, may, at reasonable times, during the term of this Contract or for two years after its termination or expiration, audit the Offeror's books with regard to this Contract, and the Offeror shall retain its books and records for the required period.

2.10. Exclusivity. This is not an exclusive Contract. The Owner may, at its sole discretion, contract with other entities for work similar to that to be performed by the Offeror hereunder. Offeror may contract to perform similar work for others, and is not expected to work exclusively for Owner.

2.11. Assignment of Contract. This is a personal services contract on the part of the

Offeror. This Contract may not be assigned or subcontracted without the prior express written consent of the County and any attempt to assign this Contract

RFP 2627-KY Tri River RTU Replacements Page 10 without the prior express written consent of the Owner shall render the Contract null and void with respect to the attempted assignee.

2.12. Changes in the Services. The Owner, without invalidating the contract, may order changes to the contract such as changes in the services within the general scope of the contract consisting of additions, deletions and/or other revisions. All such changes in the services 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 the Offeror signed by the Owner issued after the execution of the contract, authorizing a change in the services or an adjustment in the contract sum or the contract time. Refer to the current Mesa County Procurement Policy for change order amount thresholds that require approval by the Board of County Commissioners.

2.13. Minor Changes in the Services. The Owner shall have authority to order minor changes in the services 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.

2.14. Uncovering & Correction of Services. The Offeror shall promptly correct all services found by the Owner as defective or as failing to conform to the contract documents. The Offeror shall bear all costs of correcting such rejected services, including the cost of the Owner’s additional services thereby made necessary. The Owner shall give such notice promptly after discover of condition. All such defective or non-conforming services under the above paragraphs shall be removed from the site where necessary and the services shall be corrected to comply with the contract documents without cost to the Owner.

2.15. Acceptance Not Waiver. The Owner's acceptance or approval of any services furnished hereunder shall not in any way relieve the Offeror of their present responsibility to maintain the high quality, integrity and timeliness of his or her services. The Owner's approval or acceptance of, or payment for, any services shall not be construed as a future waiver of any rights under this Contract, or of any cause of action arising out of performance under this Contract.

2.16. 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 amendments to the contract shall be made in writing by the Owner.

2.17. Assignment. The Offeror shall not sell, assign, transfer or convey any contract resulting from this RFP, in whole or in part, without the prior written approval from the Owner.

2.18. Compliance with Laws. The Offeror must comply with all Federal, State, County and local laws, including those laws governing or covering the type of services stated herein. The Offeror must comply with all ADA (Americans with Disabilities

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Act) requirements. Offeror hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law.

2.19. Other Compliance. No proposal shall be accepted from, and no contract will be awarded to, any person, firm or corporation that is in arrears to the Owner, upon debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the Owner, or that has failed to attain or demonstrate compliance with any law, ordinance, regulation, or contract term or condition as may be provided for or required in any Owner contract, or that may be deemed irresponsible or unreliable by the Owner.

2.20. Debarment/Suspension. The Offeror herby certifies that the Offeror is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Governmental department or agency.

2.21. Confidentiality. All information disclosed by the Owner to the Offeror for the purpose of the services to be done or information that comes to the attention of the Offeror during the course of performing such services is to be kept strictly confidential. Offeror agrees that any information received by Offeror during any furtherance of the Offeror's obligations hereunder will be treated by the Offeror as confidential and will not be revealed to other persons, firms or organizations.

2.22. Contract. This Request for Proposal, submitted documents, and any negotiations, when properly accepted by the Owner, shall constitute a contract equally binding between the Owner and Offeror. The contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral, including the Proposal documents. The contract may be amended or modified with Change Orders, Field Orders, or Amendment.

2.23. Project Manager/Administrator. The Project Manager, on behalf of the Owner, shall render decisions in a timely manner pertaining to the services proposed or performed by the Offeror. The Project Manager shall be responsible for approval and/or acceptance of any related performance of the Scope of Services.

2.24. Contract Termination. This contract shall remain in effect until any of the following occurs: (1) contract expires; (2) completion of services; (3) acceptance of services; (4) funds no longer are available; or, (5) 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 (30) calendar days past notification.

2.25. Employment Discrimination. During the performance of any services per agreement with the Owner, the Offeror, by submitting a Proposal, agrees to the following conditions:

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1. The Offeror 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 legitimate occupational qualification reasonably necessary for the normal operations of the Offeror.

The Offeror agrees to post in conspicuous places, visible to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

2. The Offeror, in all solicitations or advertisements for employees placed by or on behalf of the Offeror, shall state that such Offeror is an Equal Opportunity Employer.

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.

2.26. Conflict of Interest. No Mesa County public official and/or Owner employee shall have interest in any contract resulting from this RFP.

2.27. Ethics. The Offeror shall not accept or offer gifts or anything of substantial value nor enter into any business arrangement with any employee, official, or agent of the Owner.

2.28. Failure to Deliver. In the event of failure of the Offeror to deliver services in accordance with the contract terms and conditions, the Owner, after due oral or written notice, may procure the services from other sources and hold the Offeror responsible for any costs resulting in additional purchase and administrative services. This remedy shall be in addition to any other remedies that the Owner may have.

2.29. Failure to Enforce. Failure by the 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 the Owner to enforce any provision at any time in accordance with its terms.

2.30. Force Majeure. The Offeror shall not be held responsible for failure to perform the duties and responsibilities imposed by the contract due to legal strikes, fires, riots, rebellions, and acts of God beyond the control of the Offeror, unless otherwise specified in the contract.

2.31. Indemnification. Offeror shall, to the extent permitted by law, indemnify, save, and hold harmless the Owner, its agents, officials and employees, against all loss or damages, including penalties, charges, professional fees, interest, costs, expenses and liabilities of every kind and character arising out of, or relating to, any and all claims and causes of actions of every kind and character, in connection

RFP 2627-KY Tri River RTU Replacements Page 13 with, directly or indirectly, this Contract, whether or not it shall be alleged or determined that the harm was caused through or by the Offeror or the subcontractor, if any, or their respective employees and agents, or a party indemnified hereunder. Offeror further agrees that its obligations to the Owner under this paragraph include claims against the Owner by Offeror's employees whether or not such claim is covered by workers compensation. Offeror expressly understands and agrees that any insurance or bond protection required by this contract, or otherwise provided by contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Owner as herein provided, and such obligation exists even if the claim is fraudulent or groundless. However, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et seq., as amended.

2.32. Independent Contractor. The Offeror shall be legally considered an Independent Contractor and neither the Offeror nor its employees shall, under any circumstances, be considered servants or agents of the Owner. The Owner shall be at no time legally responsible for any negligence or other wrongdoing by the Offeror, its servants, or agents. As an independent contractor, Offeror 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, the Owner shall not provide to the Offeror any insurance coverage or other benefits, including Workers' Compensation, normally provided by the Owner for its employees.

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

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

2.35. Oral Statements. No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in this document and/or resulting agreement. All modifications to this request and any agreement must be made in writing by the Owner.

2.36. Patents/Copyrights. The Offeror agrees to protect the Owner from any claims involving infringements of patents and/or copyrights. In no event shall the Owner be liable to the Offeror for any/all suits arising on the grounds of patent(s)/copyright(s) infringement. Patent/copyright infringement shall null and void any agreement resulting from response to this RFP. Offeror assures that

RFP 2627-KY Tri River RTU Replacements Page 14 where activities supported by this 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, the 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 so. If the material or invention is copyrightable, the Offeror may copyright such, but the Owner reserves royalty-free non-exclusive and irreversible license to practice, reproduce, publish and use such materials in whole or in part, and authorize others to do so.

2.37. Venue. This Contract is and shall be deemed to be performable in the County of

Mesa, Colorado, and venue for any dispute hereunder shall be in the District Court of the County of Mesa, Colorado. In the event of dispute concerning performance hereunder, the parties agree that the Court may enter judgment in favor of the substantially prevailing party for costs and reasonable attorney’s fees.

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

RFP are the responsibility of the company and cannot be charged to the Owner.

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

2.40. Public Funds/Non-Appropriation of Funds. Funds for payment have been provided through the Owner’s budget approved by the Board of County 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 the stated Owner’s fiscal year shall be subject to budget approval. Any contract will be subject to and must contain a governmental non-appropriation of funds clause.

2.41. Availability of Funds. Both parties agree that payments pursuant to this Contract are subject to and contingent upon the continuing availability of funds for the purposes herein. If such funds become unavailable, the Board of County Commissioners may terminate this Contract immediately without further liability.

2.42. Gratuities. The Offeror certifies and agrees that no gratuities or kickbacks were paid in connection with this contract, nor were any fees, commissions, gifts or other considerations made contingent upon the award of this contract. If the Offeror breaches or violates this warranty, the Owner may, at their discretion, terminate this contract without liability to the Owner.

2.43. Performance of the Contract. The Owner reserves the right to enforce the performance of the contract in any manner prescribed by law or deemed to be in the best interest of the Owner in the event of breach or default of resulting contract award.

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2.44. Benefit Claims. The Owner shall not provide to the Offeror any insurance coverage or other benefits, including Servicer’s Compensation, normally provided by the Owner for its employees.

2.45. Default. The Owner reserves the right to terminate the contract in the event the Offeror fails to meet delivery or completion schedules, or otherwise perform in accordance with the accepted proposal. Breach of contract or default authorizes the Owner to purchase like services elsewhere and charge the full increase in cost to the defaulting Offeror.

2.46. Cooperative Purchasing. Purchases as a result of this solicitation are primarily for the Owner. Other governmental entities may be extended the opportunity to utilize the resultant contract award with the agreement of the successful provider and the participating agencies. All participating entities will be required to abide by the specifications, terms, conditions and pricings established in this Proposal.

The quantities furnished in this proposal document are for only the Owner. It does not include quantities for any other jurisdiction. The Owner will be responsible only for the award for our jurisdiction. Other participating entities will place their own awards on their respective Purchase Orders through their purchasing office or use their purchasing card for purchase/payment as authorized or agreed upon between the provider and the individual entity. The Owner accepts no liability for payment of orders placed by other participating jurisdictions that choose to piggy-back on our solicitation. Orders placed by participating jurisdictions under the terms of this solicitation will indicate their specific delivery and invoicing instructions.

2.47. Term of Contract. The contract term shall be a firm fixed price. By submitting a response to this RFP, the Offeror agrees and understands that payments pursuant to this Contract are subject to and contingent upon the continuing availability of funds for the purposes herein. If such funds become unavailable, the Board may terminate all or part of this Contract without further liability.

2.48. Definitions:

1. “Offeror” refers to the person or persons legally authorized by the Consultant to make an offer and/or submit a response (fee) proposal in response to the Owner’s RFP.

2. The term “Services” includes all labor, materials, equipment, and/or services necessary to produce the requirements of the Contract Documents.

3. “Offeror” is the person, organization, offeror or consultant identified as such in the Agreement and is referred to throughout the Contract Documents. The term Offeror means the Offeror or his or her authorized representative. The Offeror shall carefully study and compare the General Contract Conditions of the Contract, Specification and Drawings, Scope of Services, Addenda and Modifications and shall at once report to the Owner any error, inconsistency or omission he may discover. Offeror shall not be liable to the Owner for any

RFP 2627-KY Tri River RTU Replacements Page 16 damage resulting from such errors, inconsistencies or omissions. The Offeror shall not commence services without clarifying Drawings, Specifications, or Interpretations.

4. “Sub-Offeror” is a person or organization who has a direct contract with the

Offeror to perform any of the services at the site. The term sub-Offeror is referred to throughout the contract documents and means a sub-Offeror or his or her authorized representative.

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SECTION 3: INSURANCE AND BONDING REQUIREMENTS

3.1 Insurance Requirements. The selected Offeror 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 the Offeror pursuant to this Section.

Such insurance shall be in addition to any other insurance requirements imposed by this Contract or by law. The Offeror shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Section by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types.

Offeror shall procure and maintain and, if applicable, shall cause any SubOfferor of the Offeror to procure and maintain insurance coverage listed below. Such coverage shall be procured and maintained with forms and insurers acceptable to The Owner. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Offeror pursuant to this Section. 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:

a. Workers Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of services under this Contract, and Employers' Liability insurance with minimum limits of:

ONE MILLION DOLLARS ($1,000,000) each accident, ONE MILLION DOLLARS ($1,000,000) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000) disease - each employee

b. General Liability insurance with minimum combined single limits of:

ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) per job aggregate.

The policy shall be applicable to all premises, products and completed operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground (XCU) hazards. The policy shall contain a severability of interests provision.

c. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than:

ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate.

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With respect to each of Consultant's owned, hired, or non-owned vehicles assigned to be used in performance of the Services. The policy shall contain a severability of interest’s provision.

This policy shall provide coverage to protect the Offeror against liability incurred as a result of the professional services performed as a result of responding to this Solicitation.

3.2 Additional Insured Endorsement. The policies required by paragraphs (2), and

(3) above shall be endorsed to include the Owner and the Owner’s officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the Owner, its officers, or its employees, or carried by or provided through any insurance pool of the Owner, shall be excess and not contributory insurance to that provided by Offeror. The Offeror shall be solely responsible for any deductible losses under any policy required above.

3.3 Depending on the nature and scope of the services to be provided under this Contract, additional insurance requirements may be specified by County. Items listed below, which have been marked with an "X" are required of Contractor by County as a condition of this Contract.

X (if applicable)

PROFESSIONAL LIABILITY INSURANCE with an endorsement for work under this Agreement, and coverage of no less than ONE MILLION ($1,000,000) per claim, and ONE MILLION ($1,000,000) aggregate.

EXCESS LIABILITY/UMBRELLA INSURANCE with a limit no less than ONE

MILLION ($1,000,000) per occurrence/ONE MILLION ($1,000,000) aggregate, and coverage at least as broad as the primary Commercial General Liability policy.

_ BUILDERS RISK INSURANCE must be in an amount equal to the aggregate total of the initial contract prices in the contracts, as well as any subsequent modifications. The policy must be in Completed Value Form, insuring the entire project for, at least Broad Form coverage including theft. Such Insurance shall remain in effect until 12:00 noon on the day following the date of final acceptance of the entire project, whether or not the building or some part thereof is occupied in any manner prior to final acceptance of the project.

_X PAYMENT AND PERFORMANCE BONDS. Payment and Performance Bond in the amount of 100% of the project contract, if the project is over $50,000.00. Bonds must be provided within 7 calendars of contract award date.

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SECTION 4: SCOPE OF SERVICES/SPECIFICATIONS

4.1. General/Background. Mesa County is soliciting proposals from qualified

Mechanical Contractors/General Contractors for the removal and replacement of two existing gas-fired rooftop HVAC units at the Tri-River Area Extension building on the Mesa County Fairgrounds, located at 2775 US-50, Grand Junction, Colorado.

The work shall consist of furnishing all labor, supervision, equipment, materials, permits, crane/rigging services, transportation, disposal, and incidentals necessary to provide a complete and operational replacement of the two existing rooftop units.

The replacement shall generally consist of a 1-for-1 replacement of the existing rooftop units. Each existing unit shall be removed and replaced with a new rooftop unit utilizing a new adapter curb. Existing natural gas and electrical services are to be maintained and reconnected to the new equipment as indicated in the project drawings.

The project shall be constructed in accordance with the requirements of this RFP, the attached stamped mechanical drawings, applicable codes, manufacturer's requirements, and all other contract documents.

For purposes of this Request for Proposal, “Contractor” shall mean the General

Contractor or Qualified Mechanical Contractor submitting a proposal and performing the work described herein.

4.2. Scope of Services/Specifications. Provide pricing based on the attached drawings dated 8/10/2026 which can be found in Section 9 Attachments. Offeror shall address and include all of the following and requested information with their proposal submittals:

4.2.1. General Contractor shall be licensed in the City of Grand Junction.

4.2.2. General Contractor shall obtain all required permits prior to any onsite work beginning. Proof of permits must be provided to the Project Administrator.

4.2.3. All electrical work shall be performed by a licensed contractor and/or subcontractor.

4.2.4. All mechanical work shall be performed by a licensed contractor and/or subcontractor.

4.2.5. All items requiring special inspections shall be coordinated with the Mesa

County Project Administrator.

4.2.6. Contractor shall provide their own dumpster for removal and clean up of all their materials from the site and as well as providing final cleanup of associated work areas.

4.2.7. Contractor shall provide their own port-a-potty.

4.2.8. Staging area will be discussed during the site visit.

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4.2.9. Mesa County reserves the right to salvage any removed equipment as part of the project.

4.2.10. Contractor shall notify Mesa County of any discrepancies or conditions that may affect the work prior to submitting a proposal and by the questions deadline reflected in Section 1.4 above.

4.2.11. Contractor shall verify equipment dimensions and compatibility with existing conditions prior to ordering.

4.2.12. Substitutions require prior written approval. Requests shall include sufficient manufacturer and equipment information to demonstrate compliance with the Contract Documents, including capacities, dimensions, electrical requirements, operating weight, curb requirements, efficiency, controls, and installation requirements. Substitutions request must be submitted by the questions deadline reflected in Section 1.4 above.

4.2.13. Contractor shall disconnect, remove, haul, and legally dispose of the existing RTUs and associated materials required for the replacement.

Protect the existing building, roof, utilities, ductwork, and adjacent facilities during demolition.

4.2.14. Contractor shall provide all crane, rigging, labor, traffic control, and related services required to safely remove and install the RTUs. Contractor shall coordinate crane operations with Mesa County prior to mobilization and shall be responsible for crane access, setup, permits, and protection of existing facilities.

4.2.15. Contractor shall maintain and reconnect the existing natural gas service to the new RTUs as indicated in the project drawings. Provide all required fittings, valves, connectors, modifications, testing, inspections, and startup necessary for a complete and code-compliant installation.

4.2.16. Contractor shall field-verify the existing electrical service, disconnects, breakers, conduit, and conductors to confirm compatibility with the new RTUs. Provide all electrical connections and modifications necessary for a complete, code-compliant, and operational installation in accordance with the project drawings and applicable electrical codes.

4.2.17. Contractor shall protect the existing roof during removal and installation of new units. Provide all flashing, sealants, curb transitions, and weatherproofing necessary to maintain a watertight installation. Work affecting the existing roofing system shall be coordinated with Mesa County and performed by qualified roofing personnel.

4.2.18. Contractor shall provide all ductwork modifications and accessories necessary to properly connect the new RTUs to the existing systems, including transitions, flexible connections, sealing, insulation, dampers, supports, and weatherproofing. All ductwork shall comply with the project drawings and applicable codes and standards.

4.2.19. Contractor shall provide all controls work necessary for proper operation of the new RTUs, including reconnection or replacement of control wiring, thermostats, sensors, factory controls, and connections to existing building systems as applicable. Verify proper operation of all controls prior to final acceptance.

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4.2.20. Contractor shall perform complete startup and operational testing of each RTU in accordance with the manufacturer's requirements.

4.2.21. Contractor shall provide testing, adjusting, and balancing by a qualified, independent TAB firm following equipment startup and controls commissioning. TAB shall verify supply, return, and outside-air CFM; static pressures; fan operation; temperatures; and other conditions necessary to demonstrate compliance with the project requirements. Adjust the system as necessary to achieve design conditions. Contractor shall correct installation deficiencies identified during TAB at no additional cost to the Mesa County. Provide a written TAB report documenting final test results and adjustments.

4.3. Security.

4.3.1. All contractors and subcontractors must pass a background check, performed by Mesa County, prior to being allowed to work within the facility.

4.3.2. Contractor is required to maintain security of the building throughout the project.

4.4. Warranty.

4.4.1. Contractor shall provide written warranties including:

4.4.1.1. Manufacture equipment warranties

4.4.1.2. Labor warranty

4.4.1.3. Applicable subcontractor warranties

4.4.2. Warranty documentation shall be submitted prior to final acceptance…