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HomeMy WebLinkAboutbocc.con.065.2017 I) f" ' Pitkin County "t N'1 .' Contract Cover Sheet Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor/Vendor and Pitkin County Representative Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (procurement help:a.pitkincount).com). Any contracts$50,000 and over will he routed for signatures to County Manager and Attorney's Office Of required)by Procurement. Contract Information Contract Number 065.2017 Protect Name Noxious Weed Management Contractor Eco-Right Solutions Budget Line Item 001 66 00000 82008 $ Additional Budget Line $ Item(s) $ (Please fully allocate New $ Contract Total) $ Contract Start Date 5/1/2017 Contract End Date _ 10/15/2017 Automatic Renewal Yes N NoL If Construction Retainage Yes $ or io No® If this is a new contractor,please request they complete and submit to Finance a New Vendor Request Form. Contact Information: Department Public Works/Weed Management Project Manager Melissa Sever Project Manager (970)920-5390 Phone Provide a brief description of the contract: Noxious weed management services for selected County ROW Contract Value Summary: Original Contract Amount $37,152.00 Previous Change Order/Amendment Amount of applicable) ___$ 11.00 This Change order/Amendment amount Ufa/likable) $0.00 New Contract Total _ $37,152.00 Procurement Method: None L Informalf Formal M Sole Source L Emergency L Contract T3 pc: Sen ices/Maintenance © Construction L Goods, Equipment, Supplies L Change Order/Amendment L Contract Renewal L Other, please explain L Click hete to enter text NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE ALL ATTACHMENTS MUST BE WITII TI11S CHECKLIST. Conti act El 065.2017 Remmnn 02/13/2017Fim Budget Line Item tl 001 66.00000 82008 gyp p� ( Ith. 11 COUNT ,( �J PITIQN COUNTY CONTRACT FOR PROVISION OF SERVICES NOXIOUS WEED MANAGEMENT TI-uIS CONTRACT, made April 13, 2017 by and between the Board of County Commissioners of Pitkin County, Colorado, 123 Emma Rd., Suite #106, Basalt, CO 81621, (heteinaftet called the "County") and Eco-Right Solutions, 167 Redstone Blvd, Redstone, CO 81623 (hereinafter called the "Contractor") to pet form the following work Noxious Weed Management("Project"). Tenn of Contract The term of this contract is from May 1, 2017 to October 15, 2017. At the expnation of the initial team the conte act may be extended for four(4)additional terms of one(I) year by the express written consent of both parties II Contractor's Obligations Contractor shall provide Noxious Weed Management Services foi various locations throughout the County. Treatment of noxious weeds shall occur as spot-heahnents, with every seasonable effort made to prevent non-target plants from being sprayed All heibicide mixes shall include marker dye Noxious Weeds shall be treated in such a manner as to prevent plant propagation, before seed-set and in accordance with timing specified on the herbicide label. The only exception is in the case of a second heibicide treatment, in which case perennial weeds in seed may he treated in order to suppress mot growth. Scope of work shall pertain to herbicide tseatment of all weeds listed on the Pitkin County Noxious Weed Last and any additional Coloiado List A and List B Noxious Weeds which may be found during the course of the season. These plants shall be referred to herein generally as"Noxious Weeds" PITKIN COUNTY RIGHTS-OF-WAY 1. Base Scope: One herbicide treatment of Noxious Weeds in County and select County-managed US Forest Service rights-of-way(ROW). Proper signage,traffic control,and use of beacons arc required during all work within County ROW. Contractor shall coordinate all ROW spaying with the County Road and Bridge Mowing operations. County ROW to be treated arc. Road Miles Road lMlles Redstone Blvd. 1.73 McLain Flats Rd. 4.6 1 Contract#065 2017 gemsron 62/13/2017tjm Budget Line'tern t1001 66 00000.82008 Osgood Rd 0.27 Sage Way 0 27 Coal Creek Rd 1 3 Front Way 012 Thompson Creek Rd 3.74 Service Center Rd 0.13 N.Thompson Ck. Rd. 2.35 Animal Shelter Rd. 0.12 S.Thompson Ck. Rd. 7.38 100 St. 0.17 Dinkle Lake Rd. 2.8 200 St. 0.24 Prince Creek Rd 4.67 300 St. 0.26 West Sopris Creek Rd. 5.66 400 St 0.1 East Sopris Creek Rd. 6.02 Baltic Ave. 0 18 Sopris Creek Rd 1 02 Airport Frontage Rd. 1 3 Emma Rd. 1.5 Maroon Creek Rd. 9.19 Frying Pan Rd. 11.25 Castle Creek Rd. 12.52 Eagle:Thomasville Rd. 1 Music School Rd. 0.31 North Fork Frying Pan 8.29 Midnight Mine Rd. 5.31 Snowmass Creek Rd. 11.2 Conundrum Creek Rd. 1.32 Capitol Creek Rd 7 49 Little Annie Rd 4.49 i Elk Creek Rd. 1.78 Summer Rd./Aspen Mtn 4.5 Watson Divide Rd 1.92 Red Mountain Rd. 1.16 Jack Gredig Lane 0.5 Willoughby Way 1.06 Lower River Rd 5.03 Magnifico Dr. 0.21 Upper River rd. 3 55 Hunter Creek Toll Rd 5.98 Woody Creek Rd 9.3 Mountain Laurel Dr 0 87 Gerbaz Way 0.59 Mountain Laurel Ct. 0.16 Smith Way 0.35 West Lupine Ur. 0.22 ' Owl Creek Rd. 3.76 East Lupine Dr. 0.3 Brush Creek Rd. 2.7 Lincoln Creek Rd. 10.00 Smuggler Mtn Rd. 5.97 Total Miles: 178.21 2 Contract ti 065.2017 Revrson 02/13/201 Aim Budget I me Item it OD166.00000.81008 Select Forest Service Roads Managed by Pitkin County Ruedi South Shores .61/Mi Main Frying Pan to Sellar Meadows 3/mi Total FS 3.61/MI 1. Addition #1: A second heibicide treatment of noxious weeds in the following County ROW. Road Miles Road Miles Redstone Blvd 1.73 Woody Creek Rd. 9.3 Osgood Rd. 0.27 Gerhaz Way 0 59 Coal Creek Rd. 1.3 Smith Way 0 35 Thompson Creek Rd. 3.74 Owl Creek Rd 3 76 N.Thompson Ck. Rd. 2.35 Brush Creek Rd. 2 7 Thompson Ck. Rd. 7.38 McLain Flats Rd. 4.6 Dinkle Lake Rd. 2.8 Sage Way 0.27 Prince Creek Rd 4.67 Service Center Rd. 0 13 West Sopris Creek Rd. 5.66 Animal Shelter Rd. 0.12 East Sopris Creek Rd. 6 02 100 St. 0 17 Sopris Creek Rd. 1 02 200 St. 0 24 Emma Rd 1.5 300 St 0.26 Snawmasa Creek Rd. 11 2 400 St. 0 1 Capitol Creek Rd. 7.49 Baltic Ave 0.18 Elk Creek Rd. 1.78 Airport Frontage Rd. 1.3 Watson Divide Rd 1.92 Maroon Creek Rd 9 19 Lower River Rd. 5.03 Castle Creek Rd. 12.52 Upper River rd. 3.55 Music School Rd. 0.31 - - - -- - _ 115.5 3 Conti act#065.2017 ncvis,on 02/13/201 kim Budget Line Item it 001 66 00000 82008 SELECT PITIUN COUNTY PROPERTIES One herbicide ueatnrent of Noxious Weeds on the following General Fund Piopei ties: 1. Paicel#272920200801 (Redstone Coke Ovens)(16.12 acres) 2. Parcel#264321200804 (in Brush Creek Village)(40 acres) 3. Parcel #273707300861 (off N Mill Street in Aspen)(1.89 acres) 4. Parcel #264307100851 (Pitkin County Landfill) (15 acres) a County personnel shall be mfoitned at least one week in advance of all planned weed treatment at the Landfill Staff will need to cooidmate❑catment with available Landfill Supervisor. OTHERS PROPERTIES Highway 82: Mile Makers 14 through 61 (47 miles) Highway 133:Mile Marker 43 through 65(22 miles) Ticatment in CDOT Right-of-way shall begin no earlier than July I,2017 Proper signage, traffic control, and beacons are required during all work within CDOT ROW. County personnel shall be informed at least one week in advance of all planned weed treatment in CDOT ROW, in order to arrange proper traffic control and prevent conflict with CDOT Crews. REPORTING Pesticide Application reports shall be completed with each application,in accordance with the Colorado Pesticide Applicator's Act and National Pollutant Discharge Eliminations Systems(NPDES) Permit and their accompanying Rules and Regulations. A copy of the daily log reports shall be submitted to County Representative weekly containing all applicable information required by federal, state and local laws. 111 addition,all infestations(including occunences of a single plant)of Colorado List A Noxious Weeds of Colorado List B Noxious Weeds not yet on the County Noxious Weed last shall be reported to Melissa Sever within one week of discovery MAPPING Contractor must have mapping software in place by May 15, 2017. 'ale mapping software chosen by Contiactin shall have the capability to produce maps in a printable format, as well as a shape file format, both can be at the request of the County. Contractor needs to provide the following infounation in their data: • Weeds sprayed on ROW throughout the county. • Weeds splayed on General Fund properties within the County. Weed data needs to reflect the type of spray equipment used to access each plotted weed location. GPS unit must be set with latitude and longitude 4 Contract k 065,2017 aevrsmn.02/13/2(17ym Budget tine Item#001.66.00000 82008 coordinates compatible with Arc GIS, Mapping must collect both linear as well as point features. Area calculations for linear weed patches must be provided in acres. All mapping information shall be collected at the same time weeds are sprayed. Maps shall be produced in color with all County mad names shown. The contractor shall provide weed splay maps in ESRI Arc GN, .SHP formats on a flash drive to County on a monthly basis. Coruactot shall provide County wide map and summary report at the end of the season The summary map shat) include weeds reported throughout county with approximate counts of infestations, gallons used, herbicide types, and mileages During roadside spraying operations,Contactor will use GPS to map parcels adjacent to County roadsides,which have heavy infestations of List A and List B species. Contractor will report findings weekly to Staff All work in scope is to be completed per Exbivl A.Any work to be completed outside of the scope of work shall be completed upon approval by the County Representative and pet the fees set out in Fxhibil B. Fees arc to remain the same for the entire Contract term. III. Compensation and Expenses Invoicing,Payment and OIThet The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph II. It is expressly understood and agreed that in no event will the total compensation and reimbursement to he paid hereunder exceed the sum of thirty-seven thousand one hundred fifty-two dollars and zero cents($37,152.00)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. Contactor shall invoice for the project monthly based on hours worked, with payment expected within thirty(30)days of invoice.Any payment by the County may he offset by any amount the Contractor owes the County for any reason. IV. County's Exclusive Ownership off Work Product. Drawings, specifications, guidelines and other documents prepared by Contracln in connection with this contract shall be the property of the County. However,eve',Contractor shall have the right to utilize such documents as the course of its maketing,professional presentations.and for other business purposes. Contractor assigns to County the copyrights to all work prepared, developed,of created pursuant to this contract, including the nght to: I I 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. 5 Contract#065 2017 newsion 02/13/2016rm Budget Line Item#001.66,00000 82008 V. Pitkin County's Obligations. Pitkin County shall administer this contract through a County Representative. Melissa Sever, Public Works Office and Weed Program Manager will manage the protect as the County's Representative. In the event that Melissa Sever is not available, an alternate person will be identified and shall assume the County Representative's duties. The set vices provided and pioducts delivered by the Conti actor under this contact will be subject to review by the County's Representatives, or a designee, fm compliance with Contractoi's obligations pi to final payment VI. Telinitiation Pi for to Expiration of Contract Term. The County has the right to terminate this conte act,with or without cause,by giving written notice to the Contractoi of such termination and specifying the effective date thereof.Such notice shall be given at least ten (10) days befine the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Conti actor 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 turns of this contract prior to the date of termination Notwithstanding the above, Contractor shall not he ielieved of liability to the County for damages sustained by the County by virtue of any hi each of the contract by the Contractor VII. Independent Contractoi Status A The parties to this contract intend that the relationship between them contemplated by the contract is that of independent contractor. Contiactor, and any agent, employee, or servant of Contiactot shall not be deemed to be an employee, agent, or servant of Pitkin County. 13 Contractor is not I equimd to offer his services exclusively to Pitkin County under tins contract. Conti actor may choose to work for other individuals or entities during the term of this contact, 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. Contactor warrants that all work produced will conform to all applicable induaty standard of care, skill and diligence in the performance of Contractor's obligations under this contract. D. Conttactoi shall not attempt to oversee o' supervise the work or actions of any Pitkin County employee, servant ora agent in the course of completing work under Ibis contra act E. Contractor is lint entitled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any fedei al,state,FICA and other income taxes. 6 Contract k 065.2017 Hendon O2/13/20)/pm nudyet Linc Item U OM.66 00000.82008 VIII. Assignability. This contract is not assignable by either party. Any use of subconuactots by the Contractor for performance of this contract must be accepted in writing by the County LX. Severability. In the event that ally provision of this contract shall be held to be invalid of unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto. X. Integration awl Modification. A. This contract represents the entire and integrated contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, eithei written or oral.This contract may be amended only by wri.ten contract signed by both the County and the Conti actor. B. The County may, from time to time,request changes in the scope of services of the Couuactor to be performed hereunder. Such changes, including the increase or decrease in the amour,[ of the Contraciot's compensation, which aye mutua'.ly agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this contract. XL Indemnity, A. The Contractor agrees to indemnify,hold harmless and,not excluding the County's right to participate, defend the County, its subsidiary, patent, associated and/or affiliated entities, successors, or assigns, its elected officials,tmstees, employees, agents, volunteers, and any jtuisdtction or agency issuing permits for any work included in the project, hereinafter referred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense,cost or claims of any character or any nature arising out of the work done in falfiflment of the terms of this Contract or on account of any act,claim or amount arising or recovered under worker' compensation law of arising out of the fallow of the Contractor to confonn to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will he responsible for primary loss investigation,defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated andcor affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents,and volunteers fit losses arising from the work pet-Limed by the Contractor fen the County. B. The Contractor further shall investigate, process, respond to, adjust, provide defense fon and defend,pay or settle all claims,demands,or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related ihcleto, even if alae claim,demand or lawsuit is groundless,fake of fraudulent. 7 Contract R 065 2017 Rev,sion 02/13/201741m Budget Line Item B 001 66 00000 82008 XII Insurance. Contractor and subcontractors shall procure and maintain until all of then obligations have been discharged, Including any warranty periods under this Contract ate satisfied,msut ante against claims for mjw y to persons or damage to mope]ty which may ei ise front of in connection with the performance of the work hereunder by the Conti actoi, its agents, rept esentatives, employees 01 suheoritn actors The insurance requirements herein ate minimum tequu ements for this Contract and hi no way limit the indemnity covenants contained in this Contract The policies shall include, or he endorsed to include, the following provision On insurance policies whet e the County is named as an additional insured, the County shall he an additional insured to the full limits of liability put chased by the Contractor even if those limits of liability are in excess of those requited by this Con tract. The County in no way warrants that the numnnun limits contained het cin are sufficient to protect the Conti actor from liabilities that might arise out of the pet foimance of the work under this Contract by the Conti actor, its agents, rept esentatives, employees, or subconhaclor J. The Conttactot shall assess its own iisks and if it deems appropriate and/or pi adept,maintain higher limits and/or broader coverages. The Conttactot is not relieved of any liability or other obligations assumed of pursuant to the Contract by ,cason of as failure to obtain or maintain insurance in sufficient amounts, duration, or types. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3)years after completion of the project. A. Coverage and Limits of Insurance Conbactot shall provide coverage with lints of liability regio ements provided that the coverage is WI itten on a"following form" basis 1) Statutory Workers' Compensation' Colorado statutory minimums a. Policy shall contain a waive, of subrogation against the County. b. This requirement shall not apply when a contractor 01 subcontractor is exempt under Colorado Workers' Compensation Act AND when such contractor or subcontractor executes the appropriate sole pt oprietor waiver form. Minimum Limits. Coverage A (Workers' Compensation) Statutory Covci age B(Employers Liability) $ 5(10,000 $ 500,000 $ 500,000 2) Commercial General Liability— ISO ICG 0001 form or equivalent (With County named as an adrhhonal insured) Minimum Limas; General Aggregate $ 2,000,000 8 Contract f!065.2017 neilsw _02/13/201/Aqui Budget Line Item p 001 56 00000 82008 Products/Completed Opccratrons Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Pct conal/Advernsing Injury $ I,000,000 Fire Damage(Any One Fire) $ 50,000 Medical Payments(Any One Person) $ 5,000 Coverage to include: • Premises and Operations • Explosions,Collapse and Underground Hazards • Personal/Advertising Injury • Products/Completed Operations • Liability assumed under an Insured Contract(including defense costs assumed under contract) • Independent Conti actors • Designated Construction Project(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent) • Additional Insured—Owners,Lessees or Contractors Endorsement,ISO Form 2010 (2004 Edition or equivalent) • Additional Insured -Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent) • The policy shall he endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: "County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees,employees,agents,and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities pet farmed by, or on behalf of the Contractor, including completed operations". 3) Auto Liability' Bodily injury and property damage for any owned, hued and non-owned vehicles used in the per romance of this Contract Minimum Limits' Statutory Covet age Bodily/Property Damage(Each Accident) $ 1,000,000 4) Special Covci ages (check as appropriate and insert amountt• a. ❑Performance Bond $ _ h ❑ Professional Errors and Omissions c f] Aurct art Liability d. ❑ Owner's Protective e ❑Builder's Risk f. D Boilei and Machmmy g. n loss of Use Insurance 9 Conti act 11065?0r] xo mon 02/13/2017k)m Budget Line Item N 001 66 00000 82008 Ir LI Pollution Liability r ❑ Crime, including Employee Dishonesty Coverage, oi Fidelity Road B. Pi oof of Insurance' I) Each insu nice policy required by the instil ance provisions of this Conti act shall provide the required coverage and shall not be suspended, voided or canceled except after thin ty(30)days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given Such notice shall be encoded directly to Proem anent l I el p(ap it Li ncou fly cow If the insurance camel will not pi ovide the required notice, the Consultant/Contractor and or its msm ince broker shall notify the County of any cancellation, or reduction in coverage oi limits of any insurance within seven (7) days of r eceipl of instil ers' notification to that effect. Simultaneously with the Cci tificates of Insurance, the Contractor shall file with the Pi oject Lead a certified statement as to claims pending against the r equu ed cover ages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. 2) In addition, these Cu ti Grates of Insurance shall contain the following clauses: a. The conn actor's inswance shall be primary and non-contrrbutoy with any man ince or self-insurance pm chased by the County. b. The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin fur payment of any premiums oi for assessments under any for in of policy. c. Any and all deductibles oi self-n rsured retentions in the above- described insurance policies shall be assumed by and be for the amount of,and at the sole expense of the Conti actor d Location of operations shall be' "all operations and locations at which woi k fur the r efemnced Project is being done" 3) Cant-mates of Insurance for all renewal policies shall be delivered to the County's Representative at least fifteen (15) days prior to a policy's expo anon date except for any policy expiring on the expiration date of this cunni act or thereafter. 4) The County reserves the nght to request and receive a copy of any policy and any policy endorsement at any time during the term of this contract XIII. Exemptions and Preferences. All purchases of consn action oi building m any other materials for this conn act shall not include Federal Excise Taxes or Colorado State or local sales or use taxes Man County is exempt tom such taxes under registration numbers 98-02624 and 84-78000-5k 10 Contract k 065.2017 x v,sion'01/13Rmlkrm Budget t ino ttetn H 001.66/00000 E2008 XIV. Records, The Contractor shall maintain comprehensive, complete and accurate hooks, records,and documents conte ning its per fomanee relating to this contract 1'or a period of three (3) years after final payment under the contract and the County shall have the right within the three(3)year 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 pi ovions of the conti act and applicable law. XV. Cont act Made in Colorado. The parties agree that this contract was made in accordance with the laws of the State of Colorado and shaih be so construed. Vence:5 agreed to be exclusively in the courts of Pitkin County, Colorado. XVI Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this contract, the substantially prevailing party shall be entitled to its costs and reasonable attoi icy's fees XVII Governmental Immunity, Contractor agrees and understands that l'itkin County is ielying an and docs not waive, by any provision of this contract, the monetary limitations or tams (presently $150,000 per person and $600.000 per occutence) 01 any other rights,immunities, and protections provided by the Colorado Governmental immunity Act, 24-10.101,et sey, C.R.S., as from lime to time amended,mr otherwise available to Pitkin County or any of its officers, agents or employees. Further,nothing in this contact shall he 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 m othei misconduct of the County or its agent or employees XVM. Current Year Obligations The parties acknowledge and avec that any payments provided for hereunder or tequiremenis for future appropriations shall constitute only currently budgeted expendituics of Pekin County. Pitkut County's obligations under this coot act are subject to Pitlnn Connty's annual tight 10 budget and app]crprtate the sums neccasary to provide the set vices set forth herein No provisions of the cantina shalt constitute a mandatory charge or requii emcnt in any ensuing fiscal yea] beyond the then con ant fiscal year or Pitkin County. No provision of the contract shall he construed or intern]eted as creating a multiple-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 dhectly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then CM went fiscal year.No piovisions of this contract shall be construed to pledge or create a hen on any class or source of Pitkin County's moneys, nor shall any provision of this contract lest-11a the furore issuance of Pitkin County's bonds of any obligations payable Mint any class o] source of Pith in County's money. 11 Contract#055 2017 eevomn 02/23/20141m Budget Line Item P001 66 00000 82008 XIX. Notice, Any notice required or permitted under this Agreement shall be in writing and shall be hand-delivered or sent by registered or certified regular mail,postage pre- paid to the addresses of the patties as follows. Each patty by notice sent under this paragraph may change the address to which future notices should he sent. Electronic delivery of notices shall also be deemed sufficient and considered delivered upon receipt of confirmation of delivery on the part of thc sender. To Pitlan County: with copies to Melissa Sever Pitkin County Attorney's Office 76 Service Center Road 123 Emma Rd., Suite 4204 Aspen,CO 81611 Basalt,Colorado 81621 Email: Melissa.SeveiddPitkinCounty corn Email: Attoi ney(a@prtluncounty.com To Conti actor: Eco-Right Solutions 167 Redstone Blvd Redstone, CO 81623 Phone. (970)963-7357 Email: eco ightsolulmns@yahoo.com XX. Public Contracts for Services and Public Contracts with Natural Persons. In conformance with the provisions of C.R.S §§ 8-17.5-101, et seq , as amended and C.R.S. §§ 24-76.5-101, et seq., as amended: A. PUBLIC CONTRACTS FOR SERVICES. §§8-173-101, et seq. C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management ,services, sponsored projects, intergovernmental agreements, or information technology services or products and .cervieesj Contractor certifies, warrants, and agrees that it does not lmowmgly employ or contract with an illegal alien who will perforin wank under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, through participation in thc E-Verify Program established tinder Pub. L. 104-208 or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor. (i) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Contract is being per foamed, (ii) shall notify the Subcontractor and the contracting State agency within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an Illegal alien for work under this Contract, (iii) shall terminate the subcontract if' a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and(iv) shall comply with reasonable requests made in the course of an investigation, 12 Contract N 065,2017 Rev's,on 02/J3/2uvgm Budget Line Item ti001 66.00000.82008 undertaken pursuant to §8-17 5-102(5), C.R S., by the Colorado Depai trent of Labor and Employment. If Contractor participates in the State program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other i equirements of the State program. If Contractor fads to comply with any iegmnement of this provision or §§8-17.5-101 et seq., C R.S., the contracting State agency, institution of higher education of political subdivision may lei ninate this Contract for breach and, if so reinitiated, Contactor shall be liable for damages. B. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-10I,et seq., C.R.S. Contactor,if a natural person 18 years of age or older,hereby sweats and affirms under penalty of perjury that he or she 0) is a citizen of otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of§§24- 76.5-101 et seq., C R.S., and (iii) has produced one foam of identification requimd by §24-76.5-103, C R.S.prior to the Effective Date of this Contract. 13 emelt aet#065 2017 Re Unum ou,vpnvtim Budget Linc Item 11 001 66 00000 82008 IN Wil NESS WHEREOF,the pities have executed this Conti act as of the elate lost scl out Itelcni above. Eco-R'4 t Solutions :tgnature --'/-- Date //ei? t !C w , S /.14-;://2/e./,<;7:"."--- Piloted Name Title PITION COUNTY,COLORADO R '(' IIMMFNDED FOR APPROVAL: - -Its a ever ' Da e 14