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HomeMy WebLinkAboutbocc.con.106.2008CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: /Gl`- %Z4a~ ORIGINATING DEPARTMENT/DIVISION: CONTACT PERSON: (~\~s~;n ~v~~, PHHONE #: ~~(.~ C~ ~C t-~`)L PROJECT NAME: -~~;5~' ~~~~2~ C'CI\\T~C't ^ BOCC AGENDA ITEMSTAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (per Revised Procurement Code 7/2005) ^ Over $50,000 (Requires County Manager's Signature) / CHECK PROCUREMENT TYPE: ^None [Informal ^Formal ^Sole Source ^Emergency ^State Bid ^ ^Compliance with House Bills 06-1343 and 07-1073 -Immigration Form (Under $10,000, Letters of Engagement, etc DOLLAR AMOUNT:~~O/ 000 BUDGET LINE ITEM/LEDGER NUMBER: ~~4a ~/• gG304 S97X 9 / CHECK CONTRACT TYPE: se (for county employees) ental Agreement (Requires BOCC Action) ^Goods, Equipment, Supplies ^Grant Ageements (Requires BOCC Action) ^Other (e.g. revenue) ^Change Order/Contract Amendment CONTRACTOR:~~000MPLE~E LEGAL OF NAME OF BUSINESS (if different from contractor) ~~ Contract Execution Date: ~ Contract End Date: ` ~ r~-(`~j Automatic Renewal: Ye 1 Term of Contract: U All Contracts ould be proofed for the following: / No Pages Missing / [~If a Page is Left Intentionally Blank -Note on Page / Page numbered consecutively / ^rNl Signatures Affixed / 11 Dates Filled In / All Other Blanks Filled In / ^Ail Exhibits Attached / [,]Hg 06-1343 and 07-1073 (Immigration Legislation) Included in RFP and/or Contract / [~HZegal Descriptions Attached (if applicable) / [Notice of Award/Notice to Proceed Attached (if applicable) / ~an•anty (if applicable) / ^$pecial Instructions for Finance Department: / Q&entto Clerk and Recorder for Scanning/Archiving / ^~Yuthorized Staff Person's Name: IY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT 'FIE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. ATE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE :CHNES RETAINAGE SCHEDULE. tENDED 04/23/08 CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT is made and entered by and between the Pitkin County Board of County Commissioners ("County") and GMCO Corporation P.O. Box 1480, Rifle, CO 81650. Fax 970-625-9100 (hereinafter "Contractor"). Term. The term of this contract is from May 2008 to October 2008 2. Contractor's Obli atg ions. Contractor shall deliver and fill Pitkin County tanks with Magnesium Chloride Solution (80/20) via phone request of Pitkin County. The tanks are located at 76 Service Center Dr. Aspen, CO 81611. Contractor shall deliver the Magnesium Chloride Solution within 24 hours of each phone request. In emergency's, request will be made from Pitkin County to apply the Magnesium Chloride Solution to specified County roads; Contractor has 3 days from the request date to provide this service. Please see exhibit "A" for further requirements. 3. Comnensation and Expenses, Invoicine. Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph 2. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of $30,000 for all services rendered. By contract or amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty (30) days of invoice, but any payment by the County may be offset by any amount the Contractor owes the County for any reason. 4. LIQUIDATED DAMAGES. Vendor hereby agrees to be responsible to Buyer for liquidated damages for failure to deliver goods on time, (for delay and not as Penalty) in the amount of $50.00 per calendar day for each day or part of a day that goods are not delivered on the date and time established in accordance with this contract. The parties agree that the stated sum is a reasonable forecast of fair compensation for the anticipated damages for delay and that they genuinely intend to liquidate such damages. Any such damages are to be deducted from purchase price. 5. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and other documents prepazed by Contractor in connection with this contract shall be the property of the County. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. Contractor assigns to County the copyrights to all work prepazed, developed, or created pursuant to this contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use materials produced in the course of this contract for marketing purposes and professional presentations, articles, speeches and other business purposes. 6. Pitkin County's Obli atg ions. Pitkin County shall administer this contract through a County Representative. Melissa Sever will manage the project as the County's Representative. In the event that Melissa Sever is not available, Brian Allen shall assume the County v Representative's duties. The services provided and products delivered by the Contractor under this contract will be subject to review by the County's Representatives, or a designee, for compliance with Contractor's obligations prior to final payment. 7. Termination Prior to Expiration of Contract Term. The County has the right to terminate this contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this contract shall become the County's property. Contractor shall be entitled to receive compensation in accordance with the contract for any satisfactory work completed pursuant to the terms of this contract prior to the date of termination. Not withstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the Contractor. 8. Independent Contractor Status. A. The parties to this contract intend that the relationship between them contemplated by the contract is that of independent Contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this contract. Contractor may choose to work for other individuals or entities during the term of this contract, provided that the basic services and deliverable products required under this contract are submitted in the manner and on the schedule defined under this contract. C. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor's obligations under this contract. D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this contract. E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. 9. Assi nability. This contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this contract must be accepted in writing by the County. 10. Binding Arbitration. Any disputes arising out of this contract shall be subject to binding arbitration. The parties agree that any disputes concerning the terms and conditions of this contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awazded to the substantially prevailing party. 11. Severabilitv. In the event that any provision of this contract shall be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto 12. Inteerarion and Modification. A. This contract represents the entire and integrated contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oral. This contract may be amended only by written contract signed by both the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this contract. 13. Indemni A. The Contractor (including, by definition here and hereinafter, its officials, employees, agents and representatives, subcontractors and suppliers), shall and hereby does release, discharge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penalty, judg- ment, expenses, costs (including costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, intentional act, error or omission by the Contractor, and for any consequential liability alleged to accrue against the County on account of the Contractor's acts, errors or omissions; provided, however, that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the sole negligence of the County or its employees. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall beaz all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. 14. Insurance. A. In whole or in part, the Contractor shall secure and maintain for the term of its contractual relationship with the County such insurance policies, from companies licensed in the State of Colorado, as will protect itself, the County and others as specified, from claims for bodily injuries, death, personal injury or property damage, which may arise out of or result from the Contractor's acts, errors or omissions. The following insurance coverage, at or above the limits indicated and including such endorsements as are indicated by an "X", are required: 1. Statutory Workers' Compensation: Colorado statutory minimums "V 2. Commercial General Liability -ISO 1998 Form or equivalent (With County named additional insured) Each Occurrence Limit $1,000,000.00 General Aggregate Limit $2,000,000.00 Products/Completed Operations Aggregate Limit $2,000,000.00 Comprehensive Form (All risks) to include (place x by applicable provisions): X Premises/Operations _ Underground, Explosion & Collapse Hazard X Products/Completed Operations X Contractual Liability X Independent Contractors and Subcontractors X Broad Form Property Damage X Personal Injury 3. Business Auto Coverage: Combined Single Limit Liability (each accident) $1,000,000.00 Including all owned, non-owned, and hired vehicles. 4. Special Coverages (check as appropriate and insert amount): (1) Performance Bond Labor and Material Payment Bond (2) Professional Errors and Omissions (3) Aircrafr Liability (4) Owner's Protective (5) Builder's Risk (6) Boiler and Machinery (7) Loss of Use Insurance (8) Pollution Liability (9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1. To provide evidence of the required insurance coverage, copies of Certificates of Insurance in a form acceptable to the County shall be filed with the County through the representative identified in Paragraph 5, no later than ten (10) calendar days prior to commencement of operations affecting the County. Failure to file or maintain acceptable Certificates of Insurance with the County is agreed to be a material breach of any contract. These Certificates of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered unless at least thirty (30) calendar days prior written notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to the Procurement Officer. (For purposes of this provision, "materially altered" shall mean a change affecting the coverage's required herein, including a change to policy limits as set out in the then- current policy declazations page). Simultaneously with the Certificates of Insurance, the Contractor shall file with the Procurement Officer a certified statement as to claims pending against the required coverage's, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. following clauses: 2. In addition, these Certificates of Insurance shall contain the a. The clause "other insurance provisions," in a policy in which the County of Pitkin holds a Certificate, shall not apply to the County of Pitkin. b. The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. c. Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. d. Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." 3. Certificates of Insurance for all renewal policies shall be delivered to the County's Representative at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this contract or thereafter. 4. The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this contract. 15. Exemntions. All purchases of construction, building or any other materials for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-SK. 16. Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this contract for a period of three (3) years after final payment under the contract and the County shall have the right within the three (3) yeaz period to inspect and audit these books, records and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the contract and applicable law. 17. Contract Made in Colorado. The parties agree that this contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 18. Attornev's Fees. In the event that legal action is necessary to enforce any of the provisions of this contract beyond the arbitration described in Paragraph 9, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. 19. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et. Seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. 20. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this contract are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract shall be construed or interpreted as creating amultiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County s bonds or any obligations payable from any class or source of Pitkin County's money. 21. Notice. Any written notice required by this contract shall be deemed delivered through any of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: A. To Pitkin County Melissa Sever 76 Service Center Dr. Aspen, CO 81611 Fax:970-920-5374 with copies to: Pitkin County Attorney's Office 530 E. Main Street, #302 Aspen, Colorado 81611 B. To Contractor: GMCO Corporation P.O. Box 1480 Rifle, CO 81650 22. Compliance with House Bi1106-1343 and House Bi1107-1073 A. In compliance with House Bi1106-1343 and House Bi1107-1073 amending Title 8 of the Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract for Services, enacted by the General Assembly of the State of Colorado, the Contractor shall not: 1 Knowingly employ or contract with an illegal alien to perform work under this contract or; 2. Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. B. Incompliance with House Bill 06-1343 and House Bi1107-1073 enacted by the General Assembly of the State of Colorado: 1. The Contractor has confirmed or attempted to confirm the employment eligibility of all employees who are newly hired for employment in the United States through participation in the Basic Pilot Program [created in Public Law 208, 104th Congress, or its successor and expanded in Public Law 156, 108`h Congress, or its successor, that is administered by the United States Department of Homeland Security] and, if the Contractor is not accepted into the Basic Pilot Program prior to entering into this contract, the Contractor shall apply to participate in the Basic Pilot Program every three months until the Contractor is accepted or this contract has been completed, whichever is earlier. This provision shall not be required or effective if the Basic Pilot Program is discontinued. 2. The Contractor shall be prohibited from using Basic Pilot Program procedures to undertake pre-employment screening of job applicants while this contract is being performed. 3. If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall be required to: a. Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (a) of this paragraph (3) the subcontractor does not stop employing or contracting with the illegal aliens; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 4. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department of Labor and Employment is undertaking pursuant to the authority established in Subsection (5) ofC.R.S. § 8-17.5-102. IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. CONTRACTOR: GMCO Corporation By: Jere enderson itle V' a President 4/24/08 Date PITKIN COUNTY: By. e ' r to NOTICE OF AWARD Date: 4/24/2008 TO: GMCO Corporation The Owner, having duly considered the Proposal submitted on April 11, 2008 for the work covered by the Contract Document titled Pitkin County Annual Dust Control Project in the amount of .58/eal with a top set of ,and it appeazing that the Price and other information in your Proposal Form is fair, equitable and to the best interest of the Owner, the offer in your Proposal Form is hereby accepted. In accordance with the terms of the Contract Documents, you aze required to execute the Agreement in one (1) copy within ten (10) consecutive days from and including the date of this Notice of Awazd. In addition you are required to furnish in the said time Certificates of Insurance evidencing compliance with the requirement for insurance as stated in the Contract Documents to Melissa Sever 76 Service Center Dr. Aspen, CO 81611 PITKIN TY By. .__. ~ - --~~ ___- - ~~9 M li a ver ------------ ---------ACCEPTANCE OF NOTICE--------------------- Receip of the above Noti of Award is hereby acknowledged th B this 24 day of Apr i 1, 2008. Jeren nderson itle V ce President ~6 F W-9 Request for Taxpayer Give form to the qnn (Rev. January 2005) Identification Number and Certification requester. Do not Departm ent of the treasury Send tO the IRS. Internal Revenue Service N Name ( shown on your into a tax return) m m ro o. usiness name, if different from a e c 0 ~ N o ~~ Individual/ - hi ^ O h ^ ^ Exempt from backup ^ withholdin ~ p t er .............._-- Partners Sole proprietor Corporation Check appropriate box: g 02 m `~ ` Addre (number, stre t, and apt. or suite noJ d Requester's name and address (opbonap a o ~ a Ci ate, and ZIP code ~1 ~ ~/~ J v w Lisa unt number(s) here (optional) d m N Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social securiry camber backup withholding. For individuals, this is your social securiry number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part 1 instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. It fhe account is in more than one name, see [he chart on page 4 for guidelines on whose number E~m/pl-oyer iaentitication namber to enter. X ~ 5~~~~5~ 3 / ~ Q Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notifietl me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien). Certification instructions. Vou must cross out item 2 above if you have been notified by the IRS [hat you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign Signature of ~ ~ (y /t G Here U.S. person - Q //lam[ /l~iJ-x/'i w,..ci Date - / (/O Purpose of Forms A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. Note. If a requester gives you a lorm other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. For federal tax purposes you are considered a person if you are: • An individual who is a citizen or resident of the United States, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or • Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701 -6(a) and 7(a) for additional information. Foreign person. If you are a foreign person, do not use Form W-g. Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. Cat. No. 1023tX Fonn W-g (Rev. 1-2005) :~~~.R ~ ~~~~~~~'THti ~4~.`.? PM Pit(cin Public Works 9Ai; D~~.9i~ 9~C ~?%4 :.007i~0l~ PROPOSAL FORM Project/Purchase Contract # 106-2008 Proposal Time: 3:00 pm Proposal Date: April 11, 2008 From: GMCO Corporation To: THE PITISIN COUNTY BOARD OF COMMISSIONERS c/o Melissa Sever 76 Service Center Dr. Aspen, CO 81611 For: Pursuant to a request by the Pitkin County Commissioners, the undersigned proposer having examined the Contract Documents, including the site of the proposed work and being familiar with conditions surroLUiding the services of the proposed Project, including the availability of materials and labor hereby proposed to furnish all labor, materials, supplies, services and supervision required to perform the work for the project identified above and listed below and as detailed in the Contract Docnments for the sum of: Please discuss in detall the following statements: These questions are answered on separate pages included as part 1. Optimal response times 1.e.; emergencies, priorities, and office hours: of this bid (#106-2008) 2. References, (Please provide contract names and numbers) 3. List of all subcontractors: GMCO Corporation P.O. Box 1480 Rifle, CO 81650 4. Other mist items of interest: COST 1. Price per gallon delivered $ 0.5 8 regulaz hours 2. Price per gallon delivered $0.70 Overtime/Weekend/Emergency `V MP.R~27~~70~9;'THII 04:iS PM Pitkin Public Works SAX No, 970 920 5374 F. 009;'210 Description: Service provider will deliver and fill County tanks with Magnesium Chloride Solution (80/20) at the request of Pitkin County. The tanks are located at 76 Service Center Dr. Aspen, CO 81611 Pitkin County expects quality work, which may exceed minimum industry standards. Needed services during the contract period will be requested by phone. There is no guaranteed minimum amount of services to be ordered this contract cannot exceed $30,000 annually, including reimbursable expenses. It is finther understood that the right is reserved by the Owner to reject any and all proposals and it is agreed that the proposals may not be withdrawn for a period often (10) days from specified time for receiving proposals. The undersigned agees that upon notification of acceptance of this proposal, it will execute a Contract for the above stated work for the above compensation within the scheduled mutually determined. The proposer hereby cesti&es: 1. That this proposal is genuine and is not made in the interest of or on behalf of an undisclosed person, firm or corporation and is not submitted in conformity with any agreement of rules of any group, association, or corporation. 2. That it has not directly or indirectly induced or solicited any other proposer to pnt in a false proposal. 3. That it has not solicited or induced any person, fn-m, or corporation to refrain from proposing. The right Is reserved to waive any informalities and to reject any Proposal. (Type/Print name under all signatures) Dated this 9 thiay of Apr i 1 , 2008 ~y Henderson ce President sea]) THE PROPOSER P.O. Box 1480 Rifle, CO 81650 SIGNATURES: I£ the proposal is being submitted by a Corporation, the proposer should be signed by an officer, i.e. President or vice-president. The signature of the officer signing shall be attested to by the secretary and properly sealed. If the proposal is being submitted by an individual or a partnership, the proposal shall so indicate and be properly signed. (Attach addition sheet for Suggested Cost Savings Altemntives) ~3 GMCO Corporation 0228 Powerline Road P.O. Box 1480 Rifle, CO 81650 April 9, 2008 Pitkin County Public Works 76 Service Center Road Aspen, CO 81611 Re: Selection Process a. Randy Parsons; 970-625-9100 Jeremy Henderson; 970-625-9100 (970)625-9100 Fax (970)625-9101 email: jhenderson~gmcocorp.com b. The County will set the schedule. When we are notified of that schedule, we will assign a minimum of one truck to the job. We store the material in Glenwood Springs, and deliveries can usually be made with atwo-three day notice. Net 30. c. Please see the following statement of Qualifications. d. Please find the following references. e. Please find the completed proposal form. Re: Proposal Form GMCO can usually make deliveries with a 2-3 dad notice. We don't know what possible emergencies could affect this project. Th1s project will be made a priority: We have a lot of other work lined up, but due to the nature of the pro ect 1e.; delivery to storage tanks, it will not be difficult to perform. GMCO office hours are Monday thru Friday 7:OOam - S:OOpm. 2. Please find the following References (contract names and numbers). 3. No subcontractors. 4. We look forward to a good summer. GMCO is willing to apply material if needed. A price can be negotiated if this service is needed. ~~ APR-14-08 MON 03 12 PM :~,?~/l4/i0CBi69pN x,1:19 1`hf GMCO CORP. Pitkin Public Works FAH N0. 9706259101 FAx Ao,970 920 ;374 Please answer the following secondary gaestlona send fax back to Melissa 970-920-S;37~1. P. O1/O1 P. 1;112 1. '1X~hat Ls the per gal delivery rate of diluted 30% MagChloride to Pitl:iu County? g-r:.~ _~ 2. 'GVhat is the coat per gal rate of sppflcstlou of the MagChloride 30% solntiou to Pitkw County? $~~ 3. What is thu per gal cost to deliver the AO/20 sohrHou to lyitlsin County? S. =~-- 4. ~~'hat is tho per gal cost of application of toe SU/10 solution to Pltkln Connty7 $ .~5 6. How much time is tteeded for scheduling of the applied and delivered MagChloride? ' ~,5 Applied _Delivered ..mss ~~'~vli/{J' Thanl; you, A~[eliasa Sever Firkin, County 1'aiblic i!'orhs fJjjtce Mancs,er 970.920-S39U Font 970~~91, 0-537 15 DO NOT INCLUDE IN PACKET FOR BIDDING INDNIDUAL COMMITTEE MEMBER SCORING WORKSHEET Dust Control for 2008 Proposal opening 4/15/2008 To: Temple, Melissa, Brian GMCO Envirotech Availability .28 .25 30% Cost .55 .58 60% References .09 .08 10% 92% 91% TOTAL Signa ~-- date: Z DO NOT INCLUDE IN PACKET FOR BIDDING EVALUATION FORM r r~vrvJL.Kf131lJlJL~ K: NAME Proposer Pro oser: Pro oser Proposer Pro oser Pro oser Scoring Criteria: APPROACH TO PROTECT Max Score: Scoring Criteria: LIST OE SIMILAR PROTECTS 0/Q Max Score: Scoring Criteria: AVAILABILITY Max Score: Scoring Criteria: ESTIMATED COST OF SERVICES Max Score: Scoring Criteria: LIST OF REFERENCES 0/Q Max Score: TOTAL SCORE ~1