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HomeMy WebLinkAboutbocc.con.304.22 - BOCCDocuSign Envelope ID: 5F64A2C6-86F8-4B0A-8A90-2876270BC748 STATE OF COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT INTERGOVERNMENTAL AGREEMENT SIGNATURE AND COVER PAGE(S) State Agency Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, Colorado 80246 Contractor Pitkin County 430 E. Main Street, Suite 304 Aspen, CO 81611 Original Contract Number 2022*0732 Contract Performance Beginning Date The later of the Effective date or August 20, 2021 Contract Maximum Amount Initial Term 08/20/2021-06/30/2022 Extension Terms 7/1/2022-06/30/2024 $167,073.05 $0 Contract Expiration Date June 30, 2024 Except as stated in §2.D., the total duration of this Contract, including the exercise of any options to extend, shall not exceed 5 years from its Performance Beginning Date. Contract Maximum Amount $167,073.05 Pricing/Funding Price Structure: Cost Reimbursement Contractor Shall Invoice: Monthly Funding Source: State $167,073.05 Miscellaneous Authority to enter into this Contract exists in: CRS 25-1.5-101 - CRS 25-1.5-113 Law-Specified Vendor Statute (if any): n/a Procurement Method: Request For Application (RFA) Solicitation Number (if any): 32875 State Representative Contractor Representative Kendra Appelman-Eastvedt Micheal Port Recycling Grants Supervisor Pitkin County Solid Waste Center Division of Environmental Health and Sustainability 76 Service Center Road Colorado Department of Public Health and Environment Aspen, CO 81611 4300 Cherry Creek Drive South Michael.port@pitkincounty.com Denver, CO 80246 Exhibits The following Exhibits and Attachments are attached and incorporated into this Contract: Exhibit A, Additional Provisions Exhibit B, Statement of Work Exhibit C, Budget Contract Purpose Expanded recycling collection through Material Reuse Center expansion. Origina Contract Number: 2022*0732 Page 1 of 23 OSC 0919_CDPHE 02.12.20 DocuSign Envelope ID: 5F64A2C6-86F8-4B0A-8A90-2876270BC748DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E Page 1 of 4 Amendment Contract Number: 2022*0732 Amendment #1 Ver 01.11.19 CONTRACT AMENDMENT #1 SIGNATURE AND COVER PAGE(S) State Agency: Colorado Department Of Public Health and Environment 4300 Cherry Creek Drive South Denver, Colorado 80246 Original Contract Number: 2022*0732 Contractor: Pitkin County 430 E. Main Street, Suite 304 Aspen, CO 81611 Amendment Contract Number: 2022*0732 Amendment #1 Contract Performance Beginning Date: The later of the Effective date or September 15, 2021 Current Contract Expiration Date: June 30, 2024 CONTRACT MAXIMUM AMOUNT TABLE Document Type Contract Number Federal Funding Amount State Funding Amount Other Funding Amount Term (dates) Total Original Contract 2022*0732 $0 $167,073.05 $0 9/15/2021- 06/30/2022 $167,073.05 Amendment #1 2022*0732 Amendment #1 $0 $0 $0 7/1//2022- 06/30/2024 $0 Current Contract Maximum Cumulative Amount $167,073.05 DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E Page 2 of 4 Amendment Contract Number: 2022*0732 Amendment #1 Ver. 06.05.20 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. CONTRACTOR Pitkin County ______________________________________________ By: Signature ______________________________________________ Name of Person Signing for Contractor ______________________________________________ Title of Person Signing for Contractor Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor Colorado Department of Public Health and Environment Jill Hunsaker Ryan, MPH, Executive Director ______________________________________________ By: Signature ______________________________________________ Name of Executive Director Delegate ______________________________________________ Title of Executive Director Delegate Date: _________________________ In accordance with §24-30-202 C.R.S., this Contract is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD __________________________________________ By: Signature __________________________________________ Name of State Controller Delegate __________________________________________ Title of State Controller Delegate Amendment Effective Date:_____________________ -- Signature and Cover Pages End -- DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E TITLE FULL NAME Lisa McGovern 2022-03-24 Procurement & Contracts Section Director ft Controller 2022-03-31 Andi Hardy Page 3 of 4 Amendment Contract Number: 2022*0732 Amendment #1 Ver 27.01.20 1. PARTIES This Amendment (the “Amendment”) to the Original Contract shown on the Signature and Cover Page for this Amendment (the “Contract”) is entered into by and between the Contractor, and the State. 2. TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Contract shall be construed and interpreted in accordance with the Contract. 3. AMENDMENT EFFECTIVE DATE AND TERM A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown under the State Controller Signature. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay Contractor for any Work performed or expense incurred under this Amendment either before or after of the Amendment term shown in §3.B of this Amendment. B. Amendment Term The Parties’ respective performances under this Amendment and the changes to the Contract contained herein shall commence on the Amendment Effective Date shown under the State Controller Signature or March 25, 2022, whichever is later, and shall terminate on the termination of the Contract. 4. PURPOSE The Parties entered into the agreement to expand recycling collection through Material Reuse Center expansion. The Parties now desire to change the Statement of Work for the following reason: to revise activities and deliverables to allow for completion of specific construction activities within fiscal year funding. 5. MODIFICATIONS The Contract and all prior amendments thereto, if any, are modified as follows: A. The Contract Maximum Amount table is deleted and replaced with the Current Contract Maximum Amount table shown on the Signature and Cover Page for this Amendment. B. The Parties now agree to modify Exhibit, B Statement of Work, of the agreement. Exhibit, B, Statement of Work, is deleted and replaced in its entirety with Exhibit, B, Statement of Work, attached to this Amendment for the following reason: to revise activities to accommodate flatwork construction prior to the fiscal year end. C. The Parties now agree to modify Exhibit, C, Budget, of the agreement. Exhibit, C, Budget, is deleted and replaced in its entirety with Exhibit, C, Budget, attached to this Amendment DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E Page 4 of 4 Amendment Contract Number: 2022*0732 Amendment #1 Ver 27.01.20 for the following reason: to move awarded funds among budget lines for completion of activities within the fiscal year funding. 6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments or other modifications to the Contract, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Contract, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract or any prior modification to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Contract to the extent that this Amendment specifically modifies those Special Provisions. DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E EXHIBIT B Page 1 of 5 Amendment Contract Number: 2022*0732 Amendment #1 Ver. 01.11.19 STATEMENT OF WORK To Amendment Number 2022*0732 Amendment #1 These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above. I. Entity Name: Pitkin County II. Project Description: This project serves to protect both public health and the environment in Colorado by diverting waste from Colorado landfills though the reuse of home goods and building materials in the Roaring Fork Valley. The Pitkin County Solid Waste Center (Center) runs a Drop and Swap program, a designated area at the Center where community members can drop off and salvage free reusable items in good condition. The program that reduces the amount of waste sent to landfill and helps builders and homeowners find second hand materials for projects and homes. The area is currently located outdoors on a small footprint which limits the collection capacity of the Center. Pitkin County (County) will expand the Drop and Swap program into an enclosed Material Reuse Center (MRC) that diverts greater quantities of material. Funding will support the construction of a new building for the MRC, procure a Point-Of-Sale (POS) system to quantify the amount of materials flowing through the facility, and create a dedicated program website to increase citizen engagement and education around the program. The County plans to hire one (1) full time employee and one (1) part time employee at the Reuse Center as a result of the project. The Recycling Resources Economic Opportunity (RREO) Program is supporting this project because it meets the 2016 Colorado Integrated Solid Waste and Materials Management Plan statewide and regional solid waste diversion goals by addressing solid waste generation, source reduction, and recycling and disposal regulations and policies. III. Definitions: 1. CDPHE: Colorado Department of Public Health and Environment 2. MRC: Material Reuse Center 3. Pitkin County Solid Waste Center: Center 4. Pitkin County: County 5. POS: Point-of-Sale 6. RREO: Recycling Resources Economic Opportunity Program IV. Work Plan: Goal #1: To protect Colorado’s environment and human health by implementing sustainable practices to achieve improvements in waste management through behavioral change in individuals. Objective #1: No later than the expiration date of this contract increase salvage of reusable home goods and building materials in the Roaring Fork Valley. Primary Activity #1 Contractor shall construct an enclosed MRC. Sub-Activities #1 1. Contractor shall obtain building permit from Pitkin County. 2. Contractor shall hire a subcontractor to complete building construction. 3. Contractor shall complete site civil work to include: a. underground MEP rough in b. foundations DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E EXHIBIT B Page 2 of 5 Amendment Contract Number: 2022*0732 Amendment #1 Ver. 01.11.19 c. structural support for the MRC building 4. Contractor shall provide photos of the completed civil site work to CDPHE via email. 5. Contractor shall provide photos of the completed enclosed MRC to CDPHE via email. Primary Activity #2 Contractor shall acquire equipment as outlined in Exhibit C, Budget. Sub-Activities #2 1. Contractor shall acquire one (1) Point-of-Sale System. 2. Contractor shall implement the Point-of-Sale System. 3. Contractor shall acquire warehouse shelving. 4. Contractor shall acquire office furnishings. 5. Contractor shall acquire tools. 6. Contractor shall provide photos of all equipment to CDPHE via email. Primary Activity #3 Contractor shall acquire signage for the MRC. Sub-Activities #3 1. Contractor shall install signs directing people within the material reuse area. Primary Activity #4 Contractor shall hire staff for the MRC. Sub-Activities #4 1. Contractor shall hire one (1) full time MRC Associate. 2. Contractor shall hire one (1) part time MRC Associate. Primary Activity #5 Contractor shall develop an outreach campaign. Sub-Activities #5 1. Contractor shall create educational materials. Primary Activity #6 Contractor shall develop a website. Primary Activity #7 Contractor shall create reports. Sub-Activities #7 1. Contractor shall create a monthly email update. 2. Contractor shall create a mid-term report. 3. Contractor shall create a draft year-end report. 4. Contractor shall create a final year-end report. 5. Contractor shall create post-project report #1. 6. Contractor shall create post-project report #2. Standards and Requirements 1. The content of electronic documents located on CDPHE and non-CDPHE websites and information contained on CDPHE and non-CDPHE websites may be updated periodically during the contract term. The contractor shall monitor documents and website content for updates and comply with all updates. 2. CDPHE Contract Monitor will schedule the post-award meeting based on a mutually agreeable date and time with the Contractor. 3. Contractor shall notify CDPHE Contract Monitor via email with three (3) business days if there is an anticipated delay that exceeds a scheduled completion date by more than two (2) weeks. 4. Contractor shall respond to all CDPHE inquires within 48 hours. 5. Contractor shall submit all non-report deliverables via email to the CDPHE Contract Monitor. 6. Contractor must get pre-approval by CDPHE for any equipment purchased outside of original application request. 7. Contractor shall participate in a Project Field Audit with the CDPHE Contract Monitor. The audit will be conducted in person or virtual meeting software. 8. CDPHE Contract Monitor will contact the Contractor no less than two (2) weeks prior to the desired Project Field Audit date to select a mutually agreeable date and time. DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E EXHIBIT B Page 3 of 5 Amendment Contract Number: 2022*0732 Amendment #1 Ver. 01.11.19 9. CDPHE Contract Monitor will provide access to online reporting templates to the Contractor 30 calendar days prior to each report’s submittal deadline. 10. Contractor shall detail the work of each of the MRC Associates’ duties in each monthly update to include the minimum: a. Daily log of hours related to activities b. Activities completion information 11. Contractor shall include the following documentation of permits for the building construction: a. Construction permit b. Building inspection including an awarded certificate of occupancy. 12. Contractor shall include the following at a minimum in each report: a. Total tons of reusable goods salvaged and sold onsite as a result of this project b. Number of customers served c. Number of jobs created d. Wages paid for jobs created e. Details of outreach campaign. f. Measurement of effectiveness of communications. 13. Contractor shall verify the appropriate language when crediting CDPHE in marketing materials with the CDPHE Contract Monitor. 14. Contractor shall allow no fewer than three (3) business days to comment on the draft language or logo from the date the CDPHE Contract Monitor receives the request. Expected Results of Activity(s) 1. Colorado residents in the Roaring Fork Valley will benefit from an increased offer of reusable home goods and building materials. 2. Reduced amount of reusable goods and building materials sent to landfill. Measurement of Expected Results 1. Number of jobs created. 2. Tons of reusable goods salvaged. 3. Results of outreach campaign. Completion Date Deliverables 1. Contractor shall submit a monthly email update on all work completed during the previous month. No later than the last business day of each month to cease at the CDPHE Contract Monitors discretion. 2. Contractor shall submit a copy of the agreement with hired subcontractor to complete construction of MRC. No later than 14 business days after contract execution. 3. Contractor shall submit a copy of the agreement with the hired company completing the website development. No later than 60 calendar days after contract execution. 4. Contractor shall submit a copy of the building permit for the MRC. No later than May 15, 2022. 5. Contractor shall submit a purchase order for the Point-of-Sale system. No later than 90 calendar days after contract execution. 6. Contractor shall submit proof of implementation of the Point-of- Sale system. No later than 60 calendar days after purchasing the POS. DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E EXHIBIT B Page 4 of 5 Amendment Contract Number: 2022*0732 Amendment #1 Ver. 01.11.19 7. Contractor shall submit final of outreach campaign. No later than 90 days after contract execution. 8. Contractor shall submit a purchase order for the warehouse shelving. No later than 120 calendar days after contract execution 9. Contractor shall submit a purchase order for the office furnishings. No later than 120 calendar days after contract execution 10. Contractor shall submit a purchase order for the tools. No later than 120 calendar days after contract execution 11. Contractor shall submit a link to the website. No later than 120 days after contract execution. 12. Contractor shall submit photos of all equipment included in Exhibit C, Budget, on site. No later than 14 business days after receiving equipment. 13. Contractor shall submit phtoos of the completed underground MEP rough-in. No later than June 30, 2022. 14. Contractor shall submit photos of the completed foundation construction. No later than June 30, 2022. 15. Contractor shall submit photos of the completed structural support construction. No later than June 30, 2022. 16. Contractor shall submit photos of the completed MRC building. No later than 10 business days after construction is complete. 17. Contractor shall submit a job verification letters as proof of hiring the full-time MRC staff member. No later than 14 business days after date of hire. 18. Contractor shall submit a job verification letters as proof of hiring the part-time MRC staff member. No later than 14 business days after date of hire. 19. Contractor shall submit photos of the installed signage in the MRC facility. No later than 14 business days after the signs installation. 20. Contractor shall submit a mid-term report. No later than January 31, 2022. 21. Contractor shall submit photos of the completed construction activities for the building. No later than May 15, 2022. 22. Contractor shall submit a draft year-end report. No later than July 31, 2022. 23. Contractor shall submit a final year-end report. No later than August 31, 2022. 24. Contractor shall submit progress report #1. No later than January 31, 2023. 25. Contractor shall submit progress report #2. No later than July 31, 2023. 26. Contractor shall submit progress report #3. No later than June 30, 2024. DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E EXHIBIT B Page 5 of 5 Amendment Contract Number: 2022*0732 Amendment #1 Ver. 01.11.19 V. Monitoring: CDPHE’s monitoring of this contract for compliance with performance requirements will be conducted throughout the contract period by the Contract Monitor. Methods used will include a review of documentation determined by CDPHE to be reflective of performance to include progress reports and other fiscal and programmatic documentation as applicable. The Contractor’s performance will be evaluated at set intervals and communicated to the contractor. A Final Contractor Performance Evaluation will be conducted at the end of the life of the contract. VI. Resolution of Non-Compliance: The Contractor will be notified in writing within 15 calendar days of discovery of a compliance issue. Within 30 calendar days of discovery, the Contractor and the State will collaborate, when appropriate, to determine the action(s) necessary to rectify the compliance issue and determine when the action(s) must be completed. The action(s) and time line for completion will be documented in writing and agreed to by both parties. If extenuating circumstances arise that requires an extension to the time line, the Contractor must email a request to the Contract Monitor and receive approval for a new due date. The State will oversee the completion/implementation of the action(s) to ensure time lines are met and the issue(s) is resolved. If the Contractor demonstrates inaction or disregard for the agreed upon compliance resolution plan, the State may exercise its rights under the provisions of this contract. DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E EXHIBIT C Page 1 of 2 Amendment Contract Number: 2022*0732 Amendment #1 BUDGET To Amendment Contract Routing Number 2022*0732 Amendment #1 These provisions are to be read and interpreted in conjunction with the provisions of the Contract specified above. I. Budget Table Budget Category Award Amount Matching Amount Total Amount Personal Services Reuse Center Associate - full time $33,028.00 $33,028.00 $33,028.00 Reuse Center Associate - part time $0 $15,000.00 $15,000.00 Sub-Total $33,028.00 $48,028.00 $48,028.00 Supplies & Operating Expenses Point-of-Sale System $499.50 $499.50 $999.00 Warehouse shelving $2,168.75 $2,168.75 $4,337.50 Office furnishing $1,077.30 $1,077.30 $2,154.60 Tools $49.50 $49.50 $99.00 Signage $250.00 $250.00 $500.00 Sub-Total $4,045.05 $4,045.05 $8,090.10 Contractual Construction $115,000.00 $1,100,000.00 $1,248,028.00 Outreach campaign $10,000.00 $10,000.00 $20,000.00 Website development $5,000.00 $5,000.00 $10,000.00 Sub-Total $130,000.00 $1,115,000.00 $1,278,028.00 Total Project Cost $167,073.05 $1,167,073.05 $1,382,174.10 II. Budget Narrative Personal Services 1. Reuse Center Associate– full time – One (1) full time position to staff the MRC. Supplies & Operating Expenses 1. Point-of-Sale (POS) System Shopify credit card reader, label printer and barcode scanner. 2. Warehouse shelving – A minimum of ten (10) Bulk Rack Shelving Units with steel decking, and a minimum of two (2) units of Metal Point Steel Shelving Unit with particle board shelves. 3. Office furnishing – Purchase of desk, chair, filing cabinet, and shelves. 4. Tools – One (1) basic set of tools (102 pieces) to perform minor repairs and other work in the facility. 5. Signage - Interior signage to label sections of the facility for different types of items. Contractual 1. Construction - The cost of construction of new Material Reuse Center (MRC) facility to include site work, underground MEP rough in and foundations and structural support for the MRC building. DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E EXHIBIT C Page 2 of 2 Amendment Contract Number: 2022*0732 Amendment #1 2. Outreach campaign – Development of outreach campaign including marketing collateral, radio and TV ad copy and fees for running ads. The work will be performed by a marketing consulting company, Aspen Marketing Partners. 3. Website development – Development of MRC website and initial hosting fee. DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E DocuSign Envelope ID: 933DC385-8997-4213-9C6F-AA623DA3988E