RFP-5996-26-KF

Request for Proposal

RFP-5996-26-KF

On-Call Encampment Cleanup, Biohazard Remediation, and Abandoned Vehicle

Removal Services

Proposal Deadline

November 10, 2026, before 1:00 p.m. Mountain Standard Time

Electronic Submission Only Proposals Must Be Submitted Exclusively Through

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

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

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

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

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

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

Table of Contents

Section 1.0. Administrative Information & Conditions for Submittal

1.4. Purpose

1.9. Proposal Submission and Solicitation Opening

Section 2.0. General Contract Terms and Conditions

Section 3.0: Insurance Requirements

Section 4.0: Specifications and Scope of Services

4.16. Attachments

4.17. Reference Resources

4.18. Tentative Calendar of Events

Event and Details at-a-glance Date

Inquiry Deadline October 23, 2026

Final Addendum Issued (if applicable) October 27, 2026

Proposal Submission Deadline Electronic submission via BidNet® Direct only, prior to 1:00 p.m. MST.

November 10, 2026

Independent Evaluation of Proposals November 10-19, 2026

Interviews (if required) December 2-3, 2026

Notice of Intent to Award (Tentative) December 15, 2026

Contract Execution December 18, 2026

Services Begin January 1, 2027

Section 5.0: Preparation and Submittal of Proposals

Section 6.0. Evaluation Criteria and Factors

Section 7.0. Solicitation Response Form Subcontractor Disclosure

Section 8.0. Appendices Exhibit 1 – Fee Proposal

A. Labor, Equipment, and Disposal Rates B. Abandoned Vehicle, Trailer, and Motorhome Towing, Demolition, and Disposal Exhibit 2 – Photographs of Past Encampment Cleanup Assignments

Section 1.0. Administrative Information & Conditions for Submittal

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

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

1.2. Required Review: The Proposer is responsible for thoroughly reviewing all Solicitation Documents and obtaining a complete understanding of the Scope of Services, project requirements, conditions, instructions, and all applicable laws, regulations, policies, and procurement requirements associated with this Solicitation.

Submission of a proposal shall constitute acknowledgment that the Proposer has reviewed the Solicitation Documents and is capable of performing the Services as specified.

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

Kathleen Franklin kathleenf@gjcity.org All inquiries, concerns, clarifications, or communications regarding this solicitation— including those related to the process, specifications, or Scope of Services—shall be submitted in writing to the Purchasing Agent.

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

1.4. Purpose

The City of Grand Junction, Colorado, is soliciting competitive proposals from qualified Contractors to provide On-Call Encampment Cleanup, Biohazard Remediation, and Abandoned Vehicle Removal Services.

The City seeks one or more Contractors capable of safely and efficiently performing the Services in Grand Junction, Colorado. Proposers may submit for either or both service categories: (1) Encampment Cleanup and Biohazard Remediation; and (2) Abandoned Vehicle, Trailer, and Motorhome Removal. The City may designate primary and secondary Contractors for each category based on the proposals received. Proposers shall identify the categories offered and demonstrate their approach, resources, and response capabilities for each.

A detailed description of the required Services, deliverables, and performance expectations is provided in Section 4.0. All Services shall be performed in accordance with the terms, conditions, and requirements of this Solicitation, which shall be incorporated into the resulting Contract, if any.

1.5. No Pre-Proposal Meeting or Site Visit: No pre-proposal meeting or site visit will be conducted. Exhibit 2 includes photographs from past encampment cleanup assignments to assist Proposers in understanding anticipated site conditions and Services. Actual conditions and cleanup needs will vary by assignment.

Proposers shall submit questions in accordance with the inquiry procedures and deadline established in this Solicitation. Only written addenda issued by the City shall modify the Solicitation Documents. Proposers are responsible for monitoring BidNet Direct for this Solicitation, obtaining all addenda, and acknowledging receipt of each addendum on the Solicitation Response Form in Section 7.0.

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

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

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

1.9. Proposal Submission and Solicitation Opening

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

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

Solicitation Opening: RFP-5996-26-KF On-Call Encampment Cleanup, Biohazard Remediation, and Abandoned Vehicle Removal Services

Date/Time: November 10, 2026, at 1:00 p.m. MST (America/Denver)

Join from a computer, tablet, or smartphone:

https://meet.goto.com/754618381

Join by telephone:

• Access Code: 754-618-381

• United States: +1 (571) 317-3122 http://trimview.gjcity.org/?=POLPROEV/222 https://meet.goto.com/754618381 tel:+15713173122,,754618381

Join from a video-conferencing room or system:

• Meeting ID: 754-618-381

• Dial in, or type: 67.217.95.2 or inroomlink.goto.com

• Or dial directly: 754618381@67.217.95.2 or 67.217.95.2##754618381

Download the application before the meeting, if needed:

https://meet.goto.com/install

1.10. Public Disclosure Notice: Pursuant to the Colorado Open Records Act (CORA), all materials submitted in response to this solicitation shall be considered public records and may be subject to public disclosure, except for information specifically designated as confidential, proprietary, or trade secret by the Proposer, and only to the extent permitted by law. Proposers shall comply with the confidential-material submission requirements stated in Section 1.24.

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

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

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

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

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

1.14. Ethics: Proposers shall not offer, give, solicit, or accept gifts, favors, or anything of value to or from any employee, official, or agent of the City that could influence, or appear to influence, the procurement process. Additionally, the Proposer(s) shall not establish any business arrangement or financial relationship with any such individuals https://meet.goto.com/install https://cityofgrandjunctionco.justfoia.com/Forms/Launch/d705cbd6-1396-49b7-939e-8d86c5a87deb that may create a conflict of interest, impair impartiality, or undermine public trust. Any violation of this provision may result in disqualification from consideration, contract termination, and potential legal consequences.

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

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

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

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

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

1.18. Contract Documents: The Contract Documents include this solicitation, the Proposer’s submitted proposal and supporting documents, and any negotiations that are formally accepted by the City and memorialized in a written agreement. Upon execution by duly authorized representatives of both Parties, the final written agreement and all documents expressly incorporated into it shall collectively constitute the binding and enforceable Contract between the City and the Contractor.

The Contract represents the entire and integrated agreement between the City and the Proposer ("Parties") and supersedes all prior negotiations, representations, or agreements, whether written or oral. Any modifications or amendments to the Contract must be made through a duly executed Change Order or Contract Amendment, except for annual NTE authorization increases permitted by Section 4.12.4.3.

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

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

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

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

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

1.22. Addendum: Official responses to questions, clarifications, interpretations, corrections, modifications, and extensions of the proposal submission deadline shall be issued only through written addenda by the City’s Purchasing Division.

All addenda will be posted electronically through BidNet Direct – Rocky Mountain E- Purchasing System. Proposers are responsible for monitoring this platform and obtaining all addenda.

Proposers shall acknowledge receipt of each addendum on the Solicitation Response Form in Section 7.0, also available separately as Attachment A, and include the completed form with their proposal.

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

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

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

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

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

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

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

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

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

1.24.2. Upload confidential information as a separate document.

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

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

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

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

• Cost or pricing information; or

• An entire Proposal submission.

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

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

1.25. Response Material City Ownership: All Proposals submitted in response to this Solicitation shall become records of the City and will not be returned. Submission of a Proposal does not transfer ownership of the Proposer’s pre-existing intellectual property, copyrighted materials, trademarks, proprietary methodologies, software, systems, or other materials identified as belonging to the Proposer. The City may use submitted materials for evaluation, Contract administration, public-records compliance, and other governmental purposes permitted by law, subject to the proper designation and approval of confidential material under Section 1.24.

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

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

1.26.1. Demonstrate the ability to meet assignment schedules and response commitments through the experience and references required in Section 5.0

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

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

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

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

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

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

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

1.27.1. Submission of multiple proposals for the same service category by the same individual or business entity, whether under the same or different names, except for clearly identified alternate proposals permitted under this Solicitation. A single proposal offering both service categories does not violate this restriction; and

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

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

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

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

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

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

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

Section 2.0. General Contract Terms and Conditions

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

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

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

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

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

By executing the Contract, the Contractor represents that it has carefully examined the Contract Documents and is fully informed of the conditions, requirements, objectives, constraints, and performance expectations applicable to the Services.

The Contractor further represents that it has correlated its knowledge, experience, personnel, professional judgment, and available resources with the requirements of the Contract and can perform the Services in accordance with the Contract Documents. The Contractor shall not rely upon any alleged ambiguity, omission, inconsistency, or error in the Contract Documents as a basis for avoiding or delaying performance, provided that the Contractor promptly notifies the City of any perceived discrepancy or conflict upon discovery.

The Contract Documents are intended to be complementary and shall be construed accordingly. Any requirement identified in one Contract Document shall be considered binding as though included in all applicable Contract Documents to the extent necessary to accomplish the intent of the Contract.

The intent of the Contract is to require the Contractor to furnish all personnel, supervision, professional expertise, equipment, software, materials, supplies, transportation, permits, licenses, documentation, reports, deliverables, and other resources necessary to fully perform the Services in accordance with the Contract Documents, whether or not every incidental item is expressly identified, provided such items are reasonably inferable from the nature and intent of the Services.

2.3. Permits, Fees, and Regulatory Compliance: The Contractor shall comply with all applicable federal, state, and local laws, statutes, ordinances, codes, rules, regulations, and lawful orders of any public authority having jurisdiction, including those of the City, in the performance of the Services. Unless expressly stated otherwise in the Contract Documents, the Contractor shall obtain and maintain all licenses, permits, certifications, approvals, and authorizations required to perform the Services and shall include all associated fees and costs in the Contract rates.

The Contractor shall promptly notify the City in writing upon discovery of any inconsistency or conflict between the Contract Documents and applicable legal or regulatory requirements. Upon receipt of such notice, the City shall review the matter and determine the appropriate course of action consistent with applicable law and the Contract Documents.

2.4. Responsibility for those Performing the Services: The Contractor shall be responsible for the acts and omissions of its employees, subcontractors, agents, and all other persons performing any portion of the Services. The Contractor shall ensure that all such persons are qualified, appropriately trained and supervised, and comply with the requirements of the Contract.

2.5. Payment & Completion: The City shall pay the Contractor for authorized Services satisfactorily performed and accepted by the City at the rates established in the Contract.

Upon completion of each assignment, the Contractor shall notify the City’s Project Manager that the Services are ready for inspection. The Contractor shall submit detailed invoices identifying the assignment location, dates of service, labor hours, equipment usage, disposal quantities, and applicable Contract rates, together with required completion documentation and supporting disposal receipts or weight tickets, as applicable.

The City’s Project Manager will review the completed Services and supporting documentation. Payment for accepted Services shall be processed in accordance with the Contract Documents. Partial payments may be approved by the City for documented Services satisfactorily completed during an ongoing assignment.

All charges shall comply with the Contract’s all-inclusive pricing requirements. No separate mobilization, demobilization, or travel charges shall be paid, and costs included in one pricing item shall not be billed under another.

The Contractor shall perform all Services in accordance with generally accepted industry practices, applicable laws, ordinances, and regulations, and the requirements of the Contract.

2.6. Protection of Persons and Property: The Contractor shall comply with all applicable safety requirements and implement precautions necessary to protect the public, workers, City personnel, and public and private property during performance of the

Services. Precautions shall address equipment operation, site access, sharps, biohazards, and other hazardous conditions associated with the assignment.

The Contractor shall follow the City's direction regarding personal property and items designated for removal, retention, or disposal. The Contractor shall not remove or dispose of items outside the authorized assignment without City approval. If conditions present an immediate danger, the Contractor shall stop the affected Services, secure the area as appropriate, and promptly notify the City’s Project Manager.

The Contractor shall promptly report any injury, property damage, or loss arising from performance of the Services. If damage or loss to public or private property results from an act, omission, negligence, misconduct, or failure to perform by the Contractor, its employees, subcontractors, or agents, the Contractor shall, at its sole expense, promptly repair, replace, restore, or otherwise remedy the affected property to a condition equal to or better than its pre-existing condition, in a manner acceptable to the City. If the Contractor fails to promptly remedy such damage or loss, the City may take corrective action and recover all associated costs from the Contractor.

2.7. Changes in the Services: The City may authorize individual assignments and adjust assignment locations, schedules, and quantities within the established Scope of Services at the applicable Contract rates without a Change Order or Contract Amendment, provided the assignment does not modify the Contract terms or exceed any established Contract maximum.

Except for annual NTE authorization increases permitted by Section 4.12.4.3, changes to the Scope of Services, Contract rates, established Contract maximum, or Contract term must be authorized through a written Change Order or Contract Amendment, as applicable, executed by duly authorized representatives of both Parties before the changes take effect.

The Contractor shall promptly notify the City’s Project Manager if an assignment requires Services not covered by the Contract or for which no applicable Contract rate has been established. The Contractor shall not perform such Services or incur additional charges until the required written authorization has been executed. The Contractor shall not be entitled to additional compensation or an extension of time for unauthorized changes.

2.8. Minor Changes in the Services: The City’s Project Manager may issue written direction authorizing minor changes in the Services as part of day-to-day Contract administration, provided such changes do not modify the Contract rates, increase any authorized assignment amount or established Contract maximum, extend the Contract term, or alter the overall Scope of Services or intent of the Contract Documents. Such changes shall not require a formal Change Order or Contract Amendment.

2.9. Correction of Services: The Contractor shall perform all Services and provide all required documentation in accordance with the Contract requirements and generally accepted industry standards, exercising the skill, care, and diligence ordinarily exercised by qualified contractors performing similar Services under similar conditions.

If any Services or required documentation do not conform to the Contract requirements, the Contractor shall promptly correct the deficiencies at no additional cost to the City. Corrective Services shall include any necessary labor, equipment, transportation, and disposal.

If the Contractor fails to correct the deficiencies within a reasonable period specified in the City’s written notice, the City may perform or arrange for corrective Services and recover the reasonable costs incurred from the Contractor, subject to the remedies and procedures set forth in the Contract.

New debris or conditions arising after satisfactory completion of an assignment shall not, by themselves, constitute deficient Services.

2.10. Acceptance Not Waiver: The City’s review, approval, or acceptance of any Services or required documentation, or payment for such Services, shall not relieve the Contractor of its obligations under the Contract or its responsibility to meet applicable industry standards. No review, approval, acceptance, or payment by the City shall constitute a waiver of any rights, remedies, or claims available to the City under the Contract arising out of or related to performance of the Services.

2.11. Change Orders and Amendments: No oral statement or representation shall modify the terms, conditions, or requirements of the Contract. Changes to the Contract shall be made only through a written Change Order or Contract Amendment processed through the City’s Contract Administrator and executed by duly authorized representatives of both Parties in accordance with the City’s established procedures.

Written direction concerning routine assignments or minor changes expressly permitted under the Contract does not constitute a Change Order or Contract Amendment and shall not modify the Contract rates, term, or the overall Scope of Services. Annual NTE authorization increases may be processed through a revised Purchase Order as provided in Section 4.12.4.3.

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

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

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

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

2.15. Confidentiality: The Contractor shall safeguard and maintain the confidentiality of all non-public information, data, and materials disclosed by the City or obtained in connection with the Services, including personal information contained in documents or belongings encountered during cleanup. Such information shall be used only as necessary to perform the Services. The Contractor shall ensure that its employees, subcontractors, and agents comply with these obligations.

Photographs or recordings obtained in connection with the Services shall be used only for Contract documentation unless otherwise authorized in writing by the City or required by law. The Contractor shall not publish or use such materials for advertising or social media without the City’s prior written approval.

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

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

The Contractor shall promptly disclose to the City in writing any actual or potential conflict of interest of which it becomes aware. Such conflicts shall be addressed in accordance with applicable laws and the City’s policies.

2.17. Termination for Convenience: The City may terminate the Contract, in whole or in part, for convenience upon thirty (30) calendar days’ written notice to the Contractor.

Upon receipt of notice, the Contractor shall discontinue the affected Services as directed by the City and take reasonable steps to minimize additional costs.

The Contractor shall be entitled to payment only for Services satisfactorily performed and authorized costs incurred through the effective date of termination, subject to the terms of the Contract. Termination shall not affect any rights, remedies, or obligations accrued before the effective date of termination or that expressly survive termination

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

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

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

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

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

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

If the Contractor’s failure materially affects the Services, compromises regulatory compliance, or creates a risk to public health or safety, the City may take immediate protective or corrective action, including obtaining replacement Services. Any suspension or termination shall be in accordance with the Contract Documents.

The City’s routine assignment of Services to a secondary Contractor under the Contract’s assignment procedures shall not, by itself, constitute a failure to perform by the primary Contractor.

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

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

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

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

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

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

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

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

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

2.25. Services, Work Product and City Ownership: All reports, assignment records, photographs, disposal documentation, weight tickets, tracking logs, and other deliverables specifically created or compiled by the Contractor for the City in performing the Services (“Work Product”) shall become the property of the City upon payment for the associated Services. The Contractor shall provide such Work Product to the City as required by the Contract and upon request.

The Contractor shall retain ownership of its pre-existing tools, templates, processes, and other proprietary materials developed independently of the Contract (“Contractor Materials”). To the extent Contractor Materials are incorporated into the Work Product, the Contractor grants the City a perpetual, nonexclusive, royalty-free license to use, reproduce, and maintain those Contractor Materials as necessary for the City’s use of the Work Product.

All information, data, records, and materials provided by the City shall remain City property and shall be used solely to perform the Services unless otherwise authorized in writing by the City. The Contractor’s retention or use of copies shall remain subject to the Contract’s confidentiality requirements.

This provision does not establish, or transfer ownership of personal belongings, vehicles, motorhomes, or other property encountered during the Services. Such property shall be handled only as authorized by the City and in accordance with the Contract and applicable law.

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

The City shall have no liability to the Contractor for costs, expenses, or obligations arising from such infringement claims. The Contractor shall promptly assume the defense of any such claim and shall not enter into a settlement that imposes any obligation or admission of liability on the City without the City’s prior written consent.

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

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

2.29. Sovereign Immunity: The City expressly reserves and asserts all rights, privileges, and defenses available under Colorado’s Governmental Immunity Act, C.R.S. § 24- 10-101 et seq., as well as all applicable case law interpreting and construing the same. Nothing in this solicitation or any resulting contract award shall be construed as a waiver of the City’s sovereign immunity.

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

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

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

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

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

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

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

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

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

It is expressly understood that the City is not a party to, nor responsible for, any contract formed between the Contractor and any other governmental entity pursuant to this provision. The City assumes no liability for any obligations, costs, or damages incurred by any other entity utilizing this Contract.

2.34. Definitions: Unless otherwise defined in the Solicitation or Contract Documents, the following definitions shall apply throughout this Solicitation and any resulting Contract.

Additional terms may be defined within specific sections as necessary to clarify intent and promote consistent interpretation of the Solicitation and Contract Documents.

2.34.1. Agency, Consultant, Contractor, or Firm: "Agency," "Consultant," "Contractor," or "Firm" refers to the individual, organization, business entity, governmental entity, or other legal entity identified in the proposal and any resulting Contract that is responsible for performing the Services. The term includes the entity's authorized representatives, employees, subcontractors, agents, and other persons acting on its behalf in connection with the Contract.

2.34.2. City: "City"…