HomeMy WebLinkAboutbocc.con.245.2017 7/2015 kjm
pif KIN Pitkin County
CouNTit 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@pitkincounty.com).Any contracts $50,000 and over will be routed for signatures to County Manager and
Attorney's Office (if required)by Procurement.
Contract Information
Contract Number 245.2017
Project Name Waste and Recycling Ordinance Development
Contractor LBA Associates
Budget Line Item 416.64.00000.82000 $
Additional Budget Line $
Item(s) $
(Please fully allocate New $
Contract Total) $
Contract Start Date 8/1/2017
Contract End Date 12/31/2017
Automatic Renewal Yes ® No
If Construction: Retainage Yes $ or % No
If this is a new contractor,please request they complete and submit to Finance a New Vendor Request Form.
Contact Information:
Department Solid Waste Center
Project Manager Cathy Hall Project Manager (970)429-2882
Phone
Provide a brief description of the contract:
Consulting services to develop the waste and recycling ordinance
Contract Value Summary:
Original Contract Amount $39,200.00
Previous Change Order/Amendment Amount(if applicable) $ 0.00
This Change order/Amendment amount(if applicable) $ 0.00
New Contract Total $39,200.00
Procurement Method:
None ❑ Informal❑ Formal ❑ Sole Source ❑X Emergency ❑
Contract Type:
Services/Maintenance ❑X Construction ❑ Goods,Equipment, Supplies ❑
Change Order/Amendment ❑ Contract Renewal ❑ Other,please explain ❑ Click here to enter text.
NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE.ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST.
Rev 2017-07-07 btf
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST
TO: Jon Peacock, County Manager
DATE: August 22, 2017
FROM: Cathy Hall, Solid Waste Manager
Proposed Contractor: LBA Associates Product/Service: Consulting -Waste and Recycling
Estimate expenditure for the above Product/Service: $ $39,200.00
This form is required, and is to aid you, in documenting your Sole Source request. Complete all portions of
this form. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original
manufacturer, no regional distributor, standardization etc):
Explain: LBA Associates has been a sub-contractor to Weaver Consulting Group for Phases I and II of the
Roaring Fork Waste Diversion Plan and the Waste and Recycling Ordinance revision (Scope of
Work attached). Weaver and LBA Associates have begun work on the update of the County's
Waste and Recycling Ordinance. It has been determined that Weaver Consulting Group lacks
the expertise on being the prime contractor for the Waste and Recycling Ordinance work and that
LBA Associates has the expertise to take the lead on the Ordinance revision. Due to Weaver
Consulting Group's company policy they cannot contract directly with LBA Associates if they
are not the prime contractor. SWC staff are requesting to contract directly with LBA Associates
to continue the Waste and Recycling Ordinance revision and to meet the 2018 deadline for
completion as presented to the BOCC. The purpose of the Sole Source Contract is to keep the
continuity of the work already started with LBA Associates.
The undersigned requests that Pitkin County waive other procurement requirements and recognize this
transaction as a sole source exception to the Pitkin County Procurement Code.
( 1u1 Rod Aug-23-2017 1wi. Pt ft{ Aug-23-2017
Cathy Hall Brian Pettet
Solid waste Manager Public works director
Approved Denied Reason for Denial:
Aug-23-2017
Jon Peacock 1
County Managerx
Rev 2017-07-07 btf
Note: Every effort should be made to obtain a written contract when otherwise required under County
procedures. When a contract is obtained, complete the Clerk's check list and send the original signed contract
with coversheet to clerk's office for archiving.
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Budget Line Item#416.64.00000.82000
41)Ii1'KIN
COUNT
PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES
WASTE AND RECYCLING ORDINANCE DEVELOPMENT
THIS CONTRACT, made August 24, 2017 by and between the Board of County
Commissioners of Pitkin County, Colorado, 123 Emma Rd., Suite #106, Basalt, CO 81621,
(hereinafter called the "County") and LBA Associates, Inc., 2186 S. Washington St., Denver, CO
80210 (hereinafter called the "Contractor") to perform the following work: Waste & Recycling
Ordinance (WRO)Development ("Project").
I. Term of Contract: The term of this contract is from August 1, 2017 to December 31,
2017. At the expiration of the initial term, the contract may be extended for an
additional term of one (1)year by the express written consent of both parties.
II. Contractor's Obligations. Contractor shall build on goals and recommendations for
revised hauler regulation in the City of Aspen and Pitkin County as developed during
Phase II of the Roaring Fork Valley Waste Diversion Plan. Tasks for the Project shall
include: Task 1 — Ordinance & Operations Plan Content, Task 2 — Public Process,
Advisory Committee & BOCC Approval, and Task 3 — Implementation. Further
description and requirements for the Scope of Work,Tasks,Deliverables and Expenses
are included as Exhibit A to this Contract.
III. Compensation and Expenses, Invoicing, Payment and Offset. 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 be paid hereunder exceed the sum of
thirty-nine thousand two hundred dollars and zero cents ($39,200.00) 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. Contractor
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 be offset by any
amount the Contractor owes the County for any reason.
IV. County's Exclusive Ownership of Work Product. Drawings, specifications,
guidelines and other documents prepared 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 prepared,
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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.
V. Pitkin County's Obligations. Pitkin County shall administer this contract through
a County Representative. Cathy Hall, Solid Waste Manager will manage the project as
the County's Representative. In the event that Cathy Hall is not available, Jed Miller,
Assistant Solid Waste Manager shall assume the County 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.
VI. 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.
Notwithstanding 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.
VII. 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.
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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.
VIII. Assignability. 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.
IX. Severability. 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.
X. Integration 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.
XI. Indemnity.
A. The Contractor agrees to indemnify,hold harmless and,not excluding the County's
right to participate, defend the County, its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees,
agents, volunteers, and any jurisdiction 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 fulfillment of the terms of this Contract or on account of any act, claim or amount
arising or recovered under workers' compensation law or arising out of the failure
of the Contractor to conform to any statutes, ordinances, regulation, law or court
decree. It is agreed that the Contractor will be 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 and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees,
agents,and volunteers for losses arising from the work performed by the Contractor
for the County.
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
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at its sole expense and shall bear all other costs and expenses related thereto, even
if the claim, demand or lawsuit is groundless, false or fraudulent.
XII. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract
are satisfied,insurance against claims for injury to persons or damage to property which
may arise from or in connection with the performance of the work hereunder by the
Contractor, its agents, representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in
no way limit the indemnity covenants contained in this Contract. The policies shall
include, or be endorsed to include, the following provision: On insurance policies
where the County is named as an additional insured, the County shall be an additional
insured to the full limits of liability purchased by the Contractor even if those limits of
liability are in excess of those required by this Contract.
The County in no way warrants that the minimum limits contained herein are sufficient
to protect the Contractor from liabilities that might arise out of the performance of the
work under this Contract by the Contractor, its agents, representatives, employees, or
subcontractors. The Contractor shall assess its own risks and if it deems appropriate
and/or prudent,maintain higher limits and/or broader coverages. The Contractor is not
relieved of any liability or other obligations assumed or pursuant to the Contract by
reason of its 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. Contractor shall provide coverage with limits
of liability requirements provided that the coverage is written on a"following form"
basis.
1) Statutory Workers' Compensation: Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County.
b. This requirement shall not apply when a contractor or subcontractor
is exempt under Colorado Workers' Compensation Act AND when
such contractor or subcontractor executes the appropriate sole
proprietor waiver form.
Minimum Limits:
Coverage A(Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 500,000
$ 500,000
$ 500,000
2) Commercial General Liability—ISO 1CG 0001 form or equivalent.
(With County named as an additional insured)
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Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
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 Contractors
• 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 be 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 performed
by, or on behalf of the Contractor, including completed operations".
3) Auto Liability: Bodily injury and property damage for any owned,
hired and non-owned vehicles used in the performance of this Contract.
Minimum Limits: Statutory
Coverage Bodily/Property Damage (Each Accident) $ 1,000,000
4) Special Coverages (check as appropriate and insert amount):
a. 0 Performance Bond $
b. ❑ Professional Errors and Omissions
c. ❑ Aircraft Liability
d. ❑ Owner's Protective
e. ❑ Builder's Risk
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f. ❑ Boiler and Machinery
g. ❑ Loss of Use Insurance
h. ❑ Pollution Liability
i. ❑ Crime, including Employee Dishonesty Coverage, or Fidelity
Bond
B. Proof of Insurance:
1) Each insurance policy required by the insurance provisions of this
Contract shall provide the required coverage and shall not be suspended,
voided or canceled except after thirty(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 emailed directly to Procurement@pitkincounty.com. If the insurance
carrier will not provide the required notice, the Consultant/Contractor and
or its insurance broker shall notify the County of any cancellation, or
reduction in coverage or limits of any insurance within seven (7) days of
receipt of insurers' notification to that effect. Simultaneously with the
Certificates of Insurance, the Contractor shall file with the Project Lead a
certified statement as to claims pending against the required coverages,
reserves established on account of such claims, defense costs expended and
amounts remaining on policy limits.
2) In addition,these Certificates of Insurance shall contain the following
clauses:
a. The contractor's insurance shall be primary and non-contributory with
any insurance or self-insurance purchased by the County.
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 or self-insured retentions 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.
XIII. Exemptions and Preferences. All purchases of construction or building or any other
materials for this contract shall not include Federal Excise Taxes or Colorado State or
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local sales or use taxes. Pitkin County is exempt from such taxes under registration
numbers 98-02624 and 84-78000-5k.
XIV. 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) 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 provisions of the contract and applicable law.
XV. 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.
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 attorney's fees.
XVII. 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 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.
XVIII. 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 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 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
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contract restrict the future issuance of Pitkin County's bonds or any obligations payable
from any class or source of Pitkin County's money.
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 and via e-mail (electronic delivery) to the mailing and e-mail addresses set forth
below.Each party by notice sent under this paragraph may change the address to which
future notices should be sent. Electronic delivery of notices shall be considered
delivered upon receipt of confirmation of delivery on the part of the sender.
To Pitkin County: with copies to:
Cathy Hall Pitkin County Attorney's Office
76 Service Center Road 123 Emma Rd., Suite#204
Aspen, CO 81611 Basalt, Colorado 81621
Email: Cathy.Hall@PitkinCounty.corn Email: Attorney@pitkincounty.com
To Contractor:
LBA Associates, Inc.
2186 S. Washington St.
Denver, CO 80210
Phone: (303) 733-7943
Email: laurie@lbaassoc.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. §§8-17.5-101, 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
services]Contractor certifies, warrants, and agrees that it does not knowingly employ
or contract with an illegal alien who will perform work 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 the E-Verify Program established under 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 performed, (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
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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,
undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department 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
requirements of the State program. If Contractor fails to comply with any requirement
of this provision or §§8-17.5-101 et seq., C.R.S., the contracting State agency,
institution of higher education or political subdivision may terminate this Contract for
breach and, if so terminated, Contractor shall be liable for damages.
B. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101,et seq.,
C.R.S.
Contractor,if a natural person 18 years of age or older,hereby swears and affirms under
penalty of perjury that he or she (i) is a citizen or 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 form of identification required by
§24-76.5-103, C.R.S. prior to the Effective Date of this Contract.
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IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein
above.
LBA ASSOCIATES, INC.
(,aw'it, °'txtd ,l,kx akunis Aug-24-2017
Laurie Batchelder Adams Date
President
PITKIN COUNTY, COLORADO
ka.L, Aug-25-2017
Cathy Hall Date
Solid Waste Manager
10
1111S 0 611
LBA ASSOCIATES
August 11, 2017
Cathy Hall, Solid Waste Manager
Pitkin County
32046 Highway 82
Snowmass Village, Colorado 81615
RE: Pitkin County Waste Et Recycling Ordinance (WRO) Development
Scope of Services Et Project Budget
Dear Cathy:
LBA Associates, Inc. (LBA) is pleased to submit this proposal to assist Pitkin County in the revision of
its waste hauler code. The scope of services and cost estimate below identifies the LBA work tasks,
estimated labor and expenses for completing this project.
The objectives of the WRO ordinance will be confirmed by findings in Phase II of the on-going
Roaring Fork Valley Waste Diversion Plan, but are expected to build on existing municipal code 6.16
promulgated in 1991 that:
. Increase diversion
Establish consistency between the city and county collection services and hauler operating
requirements and provide policy leaderships for other municipalities
' - Obtain data to verify compliance and measure diversion progress
Is practical for haulers and the county to implement
46 Is well-understood by existing haulers, their customers and the BOCC
Scope of Services
The WRO will build on goals and recommendations for revised hauler regulation in the City of Aspen
and Pitkin County as developed during Phase II of the Roaring Fork Valley Waste Diversion Plan.
This project is specific to Pitkin County, however, and targets the public process and specific
ordinance implementation associated with the revised code.
The proposed scope of services will consist of the tasks described below. Should any of the
following task activities require revision to better meet Pitkin County's needs, LBA is happy to adjust
both services and costs as appropriate.
Task 1 - Ordinance Et Operations Plan Content - LBA will work closely with county staff to
develop content and language that will form the basis of both a revised county ordinance and new
waste diversion operations plan. This work will be based on existing hauler licensing requirements,
LBA ASSOCIATES, INC.
2186 S.Washington St., Denver, Colorado 80210 303-733-7943 laurieC.lbaassoc.com
Pitkin County Waste £t Recycling Ordinance Development
hauler oversight improvements evaluated during Phase II, input received from haulers and the
public, successful rule-making in other Colorado communities,direction from the BOCC, as well as
existing Aspen and Pitkin County code language. Proposed actions under this task will include:
• Clarify and confirm ordinance goals with staff and Advisory Committee
• Review and develop ordinance process and core requirements with county staff
• Review and incorporate draft Phase II plan recommendations as guidance for new
ordinance language
• Draft core language using existing code and examples from Boulder, Fort Collins, Golden
and Vail (this will likely require multiple revisions)
• Identify key components of a new county waste diversion operations plan for implementing
final regulation - which may include phased scheduling,tracking and enforcing hauler
compliance, managing waivers and exemptions,verifying contamination levels, establishing
recyclables to be collected, adjusting the recyclables quantity cap at the PCSWC, providing
public/hauler outreach materials and reporting
• Refine Phase It implementation costs as needed
• Draft an updated hauler reporting form with conversion factors and directions for
estimating mixed loads (to be based on the county's existing form)
Task 2 - Public Process, Advisory Committee Ft BOCC Approval - LBA will assist county staff
in conducting live meetings with the WRO Advisory Committee, public and hauler stakeholders, the
Pitkin County BOCC and commissioner caucuses. These meetings are expected to provide valuable
input and direction to the ordinance development, as well as help all parties understand that value
of new rule-making and be encouraged to participate in its development. Proposed actions under
this task will include:
• Assist staff to plan, prepare, conduct/facilitate and follow up on meetings to be held in the
general Aspen area with;
o Advisory Committee (6) - starting in June 2017 and continuing every-other-month
until the final draft ordinance is submitted to the BOCC
o Open houses and/or formal meeting for public (3 total) - these may vary as the
process moves forward and can be decided later
o One-on-one meetings with individual haulers (up to 6)
o BOCC caucuses (5) - with the ordinance content being a component of each
commissioner's overall caucus
o BOCC (3) - expected to include a fall 2017 and up to two winter/spring 2018
meetings
• Develop meeting notices, summary fact sheets, poster boards (for open houses) and
presentation slides for meeting promotion and presentations
LBA understands that additional or different meetings may be required and will work with the
county to adjust the listing above as needed.
Task 3 - implementation - Once the ordinance has passed, LBA can assist Pitkin County during
the initial implementation phase on the following activities:
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Pitkin County Waste a Recycling Ordinance Development
• Train haulers on compliance activities and effective dates- including the reporting process
with conversion and estimation steps
• Develop inspection guidance and checklist for compliance assessment -that supports
tiered enforcement actions
• Develop tracking program for the county's use in logging, analyzing and reporting hauler
data - and test program with initial hauler data
We understand that these activities may not be required, or may be replaced with other activities.
These task activities are included in the task deliverable and cost sections below.
Task Deliverables - The following deliverables will be generated under Tasks 1 through 3:
Task Deliverables
Task 1 • Draft ordinance language (plus up to two
Ordinance a Operations Plan Content revisions)
• Operations plan components
• Hauler reporting form
Task 2 • Meeting notices (up to 8), summary fact
Public Process, Advisory Committee a sheets(up to 3), poster boards (1 set)
Commission Approval • Presentation slides for Advisory Committee,
public/hauler meetings and BOCC (up to 6
sets)
Task 3 • Quantity estimating guidance for haulers
Implementation • Inspection checklist
• Excel data tracking form
Project Schedule
LBA is prepared to continue work through 2017 and into 2018 as needed to meet the county's
schedule (there may also be some conduction of Task 3 implementation tasks in early 2019). We
understand that the county may decide to reorder the activities in these tasks differently than
described above. LBA remains committed and able to be responsive to project deadlines and the
county's timing needs.
Cost Estimate
A total estimated cost of$39,200 to perform the proposed scope of service for the WRO is
described in the table on the next page. This estimate has been based on information available at
the time this proposal was submitted. If conditions change, unforeseen circumstances occur, or
work efforts are redirected, the cost estimate may require modification.
Page 13
Pitkin County Waste a Recycling Ordinance Development
Task Labor Expenses Total
Task 1
Ordinance a Operations Plan Content $11,300 $0 $11,300
Task 2
Public Process, Advisory Committee £t Commission $19,300 $4,500 $23,800
Approval
Task 3 $4,100 $0 $4,100
Implementation
Total $34,700 $4,500 $39,200
This estimate is based on labor rates assessed at 50%for all travel. We proposed to conduct this on
a time and material basis, such that activities under this scope of services that are not completed
will not be invoiced to the county.
Ordinance Assumptions
The estimated costs are based upon the following assumptions. If the scope of services is modified,
the total cost of services may be adjusted to reflect that change.
• Research findings conducted in Phase I and II will not be updated (unless otherwise noted)
• Public/private partnerships will not be formally developed
• Ordinance language;
o Will be limited to definitions and hauler requirements - legislative declarations,
non-hauler requirements, etc. will be provided by the county
o Will be finalized by the BOCC during the promulgation process
• Presentation slides for multiple audience will be substantially similar
• For the meetings identified under Task 2 (plus hauler one-on-one meetings), only 10 trips
to Pitkin County(average one overnight/trip) will be required -this trip total is dependent
upon the ability to consecutively schedule some meetings during the same trip
• No report will be developed for this project
• All deliverables will be electronic
LBA is enthused to continue work with Pitkin County on the refinement of this code that will not
only help drive municipal recycling in the county but will provide tangible leadership to
municipalities and more effective waste diversion throughout the Roaring Fork Valley. Please don't
hesitate to contact me with any questions.
Sincerely,
Laurie Batchelder Adams, President
Page 14
Docu�i ,
- SECURED
Certificate Of Completion
Envelope Id:553C468CC08648818E299104C7EAD3D7 Status:Completed
Subject: LBA Associates Pitkin County Contract 245.2017 for Review and Signature
Source Envelope:
Document Pages: 17 Signatures:2 Envelope Originator:
Supplemental Document Pages:0 Initials:0 Ben Ferrara
Certificate Pages:5
AutoNav: Enabled Payments:0 ben.ferrara@pitkincounty.com
Envelopeld Stamping: Disabled IP Address: 10.103.101.11
Time Zone: (UTC-07:00)Mountain Time(US&
Canada)
Record Tracking
Status:Original Holder:Ben Ferrara Location: DocuSign
Aug-24-2017 ben.ferrara@pitkincounty.com
Signer Events Signature Timestamp
Cathy Hall Sent:Aug-24-2017
Cathy.Hall@Pitkincounty.com ^"~I R ' Viewed:Aug-25-2017
Solid Waste Manager Signed:Aug-25-2017
Security Level: Email,Account Authentication
(None) Using IP Address: 198.233.197.98
Electronic Record and Signature Disclosure:
Accepted:Aug-25-2017
ID:90b322d2-9ead-4d52-bf6e-4eb2ebddf12b
Company Name:Pitkin County,Colorado
Laurie Batchelder Adams I��- Sent:Aug-24-2017
I-1.1,
laurie@lbaassoc.com I t, bah D ' adaums Viewed:Aug-24-2017
President Signed:Aug-24-2017
Security Level: Email,Account Authentication
(None) Using IP Address:97.124.130.169
Electronic Record and Signature Disclosure:
Accepted:Aug-24-2017
ID:4d2d0c38-1b10-4a9d-83c8-0ef2247e597d
Company Name:Pitkin County,Colorado
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Jeanette Jones COPIED Sent:Aug-25-2017
Jeanette.jones@pitkincounty.com Viewed:Aug-29-2017
BOCC Clerk
Pitkin County
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Carbon Copy Events Status Timestamp
Not Offered via DocuSign
Ben Ferrara COPIED Sent:Aug-25-2017
ben.ferrara@pitkincounty.com Resent:Aug-25-2017
Procurement and Contracts Manager Viewed:Aug-28-2017
Pitkin County
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted Aug-25-2017
Certified Delivered Security Checked Aug-25-2017
Signing Complete Security Checked Aug-25-2017
Completed Security Checked Aug-25-2017
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: Mar-17-2017
Parties agreed to:Cathy Hall,Laurie Batchelder Adams
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