HomeMy WebLinkAboutbocc.con.258.228/30/2021 CDD
Contract Information
Contract Number
Project Name
Contractor
Budget Line Item 10017170.558000
40451510.531000
Procurement Method:
Type:
Contract Start Date
Contract End Date
Contract Type
Retainage
If this is a new contractor, please enter the New Vendor information into Munis for workflow approval.
Contact Information:
Department
County Representative Romany Iacono County Representative
Phone (970) 920-5390
Provide a brief description of the Contract or Change Order:
Contract Value Summary:
$ 63,065.00
$ -
$ -
$ 63,065.00
Public Works
Noxious Weed Management and Treatment Services for the airport and for several locations throughout the
County. Airport funds to be used only as incurred.
Original Contract Amount
Previous Change Order/Amendment Amount
This Change order/Amendment amount
Contract Total
No
Noxious Weed Management and Treatment Services
Eco-Right Solutions
$ 38,065.00
Additional Budget Line
Item(s)
(Please fully allocate New Contract Total)
$ 25,000.00
$ -
$ -
$ 63,065.00
Formal
Services/Maintenance
4/1/2023
3/31/2024
New Contract
258.22
Pitkin County
Procurement Cover Sheet
Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement
RFP # 258.22 Rev. 2018-10-10 btf Budget Line Item # Various
NOTICE OF AWARD Date: April 19, 2023 To: Eco-Right Solutions
James Lewis 167 Redstone Blvd Redstone, CO 81623 RE: RFP 258.22: Pitkin County Noxious Weed Management and Treatment Services
The County, having duly considered the Proposal submitted on November 2, 2022 for the work or purchase covered by the Contract Document titled RFP 258.22: Pitkin County Noxious Weed Management and Treatment Services in the amount of Thirty-Eight Thousand Sixty-Five dollars and No cents ($38,065.00), and it appearing that the Price
and other information in your Proposal Form is fair, equitable and to the best interest of the County, the offer in your Proposal Form is hereby accepted. In accordance with the terms of the Contract Documents, you are required to execute the Agreement in one original of contract within ten (10) consecutive days from this Notice of
Award. In addition, you are required to furnish in the said time Certificates of Insurance evidencing compliance with the requirement for insurance as stated in the Contract Documents to Procurement via email at procurement@pitkincounty.com.
PITKIN COUNTY ________________________________________________
!#COUNTY REPRESENTATIVE#! Date ======================ACCEPTANCE OF NOTICE=================== Receipt of the above Notice of Award is hereby acknowledged
________________________________________________ !#VENDOR SIGNATURE#! Date
Romany Iacono
PW/Land Manager
May-24-2023
member/mgr.
JIM LEWIS
May-25-2023
Contract # 258.22 Revision: 2018-06-13 btf
Budget Line Item # 10017170.558000 & 40451510.531000
1
PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES
THIS CONTRACT, made April 19, 2023 by and between the Board of County Commissioners of
Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the
“County”) and Eco-Right Solutions, 167 Redstone Blvd, Redstone, CO 81623 (hereinafter called
the “Contractor”) to perform the following work: Pitkin County Noxious Weed Management and
Treatment (“Project”).
I. Term of Contract: The term of this Contract is from April 1, 2023 to March 31, 2024.
At the expiration of the initial term, the contract may be extended for five (5) additional
terms of one (1) year by the express written consent of both parties.
II. Contractor’s Obligations. Contractor shall provide the Noxious Weed Management
and Treatment services described in County RFP #258.22 (attached hereto and
incorporated herein at “Attachment A”) at the locations and according to the schedule
outlined in the County RFP documents and the Contractor’s Proposal (“Attachment
B”). In addition, Contractor will provide the following additional services:
Base Scope USFS: 2 treatments
Base Scope General Fund: 2 treatments
Additional services at the County Airport, as requested by the County and
agreed to by the Contractor, to be billed according to the pricing terms
described in this Contract.
Furthermore, as stated in Attachment A, Contractor specifically agrees to complete the
contracted services for the CDOT ROW by no later than July 1, 2023.
All reporting on the Project progress will be made to Romany Iacono.
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
Sixty-Three Thousand Sixty-Five dollars and No cents ($63,065.00) 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.
Contract # 258.22 Revision: 2018-06-13 btf
Budget Line Item # 10017170.558000 & 40451510.531000
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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, 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. Romany Iacono will manage the project as the County’s
Representative. In the event that Romany Iacono is not available, an alternative
representative 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. Liquidated Damages. It is the County’s intent to complete base scope of this
project by no later than September 30, 2023 with all ancillary scope complete by no
later than October 15, 2023. Liquidated damages of One Hundred dollars and No cents
($100.00) per calendar day shall be paid if project is not completed by October 15,
2023.
A. Time for Completion. It is hereby understood and mutually agreed, by and between the Contractor and the County, that the date of beginning Project work and the time of completion as specified herein are essential conditions of the Contract. The Contractor agrees that said Project shall be prosecuted regularly,
diligently, and at such rate of progress as will ensure completion within the time(s)
specified. It is expressly understood and agreed, by and between the Contractor and the County, that the time(s) for completion of the Project described herein are reasonable time(s) for the completion of the Project, taking into consideration the average climatic conditions prevailing in the locality of the Project.
B. Time is of the Essence to the Contract. It is further agreed that time is of the
essence in completing the Project, and that the Project Work Schedule and all dates set forth therein and where in this Contract, an additional time is allowed for the completion of the Project, the new time limit fixed by such extension shall be of the essence of the Contract.
C. Liquidated Damages. Completion of the Project is of paramount importance
to the County. If any portion of the Project is not completed in accordance with any time extensions granted by the County, the County will suffer damage, the extent of which will be impractical and extremely difficult to estimate accurately. Therefore, as part of the consideration for executing the Contract, it is hereby
Contract # 258.22 Revision: 2018-06-13 btf
Budget Line Item # 10017170.558000 & 40451510.531000
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agreed that the Contractor shall pay to the County the liquidated damage amounts specified in the Contract. This particular provision shall not be construed as a penalty upon said Contractor for failing fully to complete said Project as agreed in
the Proposal and this Contract nor is it intended, but as Liquidated Damages to compensate the County for all costs incurred as a result of such breach of Contract. D. Delays in Project Completion. Subject to the terms of "Excusable Delays", as contained in paragraph E of this Section, the Contractor expressly agrees to pay the County as a reasonable estimate of just compensation for damages contemplated
with the clause, the amount set forth as liquidated damages for each consecutive calendar day that completion is delayed in the completion of the Project. E. Excusable Delays - Force Majeure. If, by reason of Force Majeure, any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Contract then such party shall give notice and full particulars of such
Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the liability then claimed, but for no longer period, and any such party shall remove or overcome such inability with all reasonable
dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Colorado or any political subdivision, except the County, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes,
storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall
be entirely within the discretion of the party having the difficulty, and that the above
requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty.
F. Cumulative Remedy. The liquidated damages referred to herein are intended
to be and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in equity, by statute, or under Contract.
VII. 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
Contract # 258.22 Revision: 2018-06-13 btf
Budget Line Item # 10017170.558000 & 40451510.531000
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the County for damages sustained by the County by virtue of any breach of the Contract
by the Contractor.
VIII. Independent Contractor Status.
A. The parties to this Contract intend that the relationship between them contemplated
by the Contract is that of independent contractor. Contractor, and any agent,
employee, or servant of Contractor shall not be deemed to be an employee, agent,
or servant of Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin County under
this Contract. Contractor may choose to work for other individuals or entities
during the term of this Contract, provided that the basic services and deliverable
products required under this Contract are submitted in the manner and on the
schedule defined under this Contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor’s obligations
under this Contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under
this Contract.
E. Contractor is not entitled to any Workers’ Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income
taxes.
IX. 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.
X. 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.
XI. 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.
XII. Indemnity.
Contract # 258.22 Revision: 2018-06-13 btf
Budget Line Item # 10017170.558000 & 40451510.531000
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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
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.
XIII. 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
Contract # 258.22 Revision: 2018-06-13 btf
Budget Line Item # 10017170.558000 & 40451510.531000
6
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)
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)
Contract # 258.22 Revision: 2018-06-13 btf
Budget Line Item # 10017170.558000 & 40451510.531000
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• 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. ☐ Performance Bond $
b. ☐ Professional Errors and Omissions
c. ☐ Aircraft Liability
d. ☐ Owner’s Protective
e. ☐ Builder’s Risk
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:
Contract # 258.22 Revision: 2018-06-13 btf
Budget Line Item # 10017170.558000 & 40451510.531000
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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.
XIV. 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
local sales or use taxes. Pitkin County is exempt from such taxes under registration
numbers 98-02624 and 84-78000-5k.
XV. 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.
XVI. 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.
XVII. 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.
XVIII. 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
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Budget Line Item # 10017170.558000 & 40451510.531000
9
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.
XIX. 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
Contract restrict the future issuance of Pitkin County’s bonds or any obligations
payable from any class or source of Pitkin County’s money.
XX. Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below and
by one of the following methods 1) hand-delivery or 2) registered or certified mail,
postage pre-paid to the mailing 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. Nothing contained herein shall be
construed to preclude personal service of any notice in the manner prescribed for
personal service of a summons or other legal process.
To Pitkin County:
Romany Iacono 76 Service Center Road
Aspen, CO 81611
Email: romany.iacono@pitkincounty.com
with copies to:
Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Email: Attorney@pitkincounty.com
To Contractor: Eco-Right Solutions 167 Redstone Blvd Redstone, CO 81623 Phone: (970) 963-7357
Email: ecorightsolutions@yahoo.com
Contract # 258.22 Revision: 2018-06-13 btf
Budget Line Item # 10017170.558000 & 40451510.531000
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IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. ECO-RIGHT SOLUTIONS ________________________________________________ !#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: Pitkin County Public Works:
_________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date
Pitkin County Airport: _________________________________________________
!#DEPARTMENT REPRESENTATIVE#! Date
MANAGER APPROVAL:
________________________________________________ !#COUNTY MANAGER#! Date
PW/Land Manager
May-24-2023
Romany Iacono
Airport Facilities Manager
Greg Boyd
May-24-2023
member/mgr.
JIM LEWIS
May-25-2023
Deputy County Manager
May-25-2023
Phylis Mattice
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
1
PUBLIC NOTICE
Pitkin County is accepting proposals to provide Pitkin County Noxious Weed Management and Treatment Services.
More information is available online at www.BidNetDirect.com/Colorado.
Any and all questions, or requests for clarification, must be submitted by 4:00 PM MT on October 20, 2022. Questions and requests for clarification will only be accepted via email at procurement@pitkincounty.com.
Proposal documents must be uploaded to the BidNet Direct website no later than 2:00 PM MT on November 4, 2022.
Published in the Aspen Daily News: September 26, 2022 and October 3, 2022.
Attachment A
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
2
PITKIN COUNTY Pitkin County Noxious Weed Management and Treatment Services Table of Contents REQUEST FOR PROPOSAL I. INTRODUCTION 3 II. COUNTY BACKGROUND 3
III. SCOPE OF WORK 4 A. SPECIFICATIONS 4 B. LIQUIDATED DAMAGES 7 C. ADDITIONAL INFORMATION 7 IV. SELECTION PROCESS 8
A. SUBMITTALS 8 B. TIME SCHEDULE 9 C. EVALUATION CRITERIA AND WEIGHING 10 D. SELECTION COMMITTEE 11 E. CONTRACT 11
PROPOSAL FORM 13 INSTRUCTIONS TO PROPOSERS 15
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
3
REQUEST FOR PROPOSALS Pitkin County Noxious Weed Management and Treatment Services GENERAL INFORMATION TO PROPOSERS
ISSUED: September 26, 2022 DUE: November 4, 2022 by no later than 2:00 PM MT I. INTRODUCTION Pitkin County (hereinafter called the “County”) is qualifying interested parties for
the provision of Pitkin County Noxious Weed Management and Treatment Services at various locations throughout Pitkin County as identified in the below project mapping. The County will award a one-year contract with the option to renew up to five
additional one-year terms. It is the County’s intent to award a single contract as the result of this RFP process, so subcontractor work, including qualifications and cost, should be listed if a prime proposer is unable to self-perform all requested services. II. COUNTY BACKGROUND
Covering 975 square miles, Pitkin County is located in the heart of the White River National Forest, surrounded by the spectacular peaks of the central Rocky Mountains. Pitkin County is located in Colorado with the county seat of Aspen. Pitkin County includes the communities of Aspen, Snowmass, Woody Creek, Old
Snowmass, Meredith, Thomasville, Redstone and portions of the town of Basalt.
As public servants, we work in the public trust to ensure quality of life and experience in Pitkin County for present and future generations. Organizational Values: Pitkin County embraces the following values to promote
public trust and confidence in County Government. Stewardship: We strive to leave our natural environment, community, public assets, and organization in better condition than we found them for current and future generations. Ethics: We hold ourselves to high standards of honesty and dependability in the
conduct of County business. Excellence: We are committed to providing quality services that are accessible, accurate and innovative to meet our community’s needs.
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
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Collaboration: We work together as employees and with citizens and other government, non-profit and private sector organizations helping each other succeed in promoting and achieving the public’s goals. Open Communication: We are committed to listening to our citizens and partners and to giving accurate and timely information. Positive Work Environment: We appreciate dedicated and knowledgeable employees and support their professional and personal growth.
Additional information about the County may be found on the County’s website at: https://pitkincounty.com/DocumentCenter/View/21997/PC_brochure_2020_FFO_digital
III. SCOPE OF WORK A. SPECIFICATIONS
Proposers will be required to submit a proposal based on the attached specifications. Only proposals with a complete proposal form with no prices left blank will be considered. A. NOXIOUS WEED TREATMENT
All herbicide treatments for the base scope (see IIC(1), below) shall take place from approximately May 1, 2023 through September 30, 2023, with final billing and records due to Project Lead by October 15, 2023. Contractor shall coordinate season start date with Project Lead before beginning work. If the alternate scope (IIC (2), below) is included, all first
treatments shall be completed by September 30, 2023, and second treatments by October 15, 2023, with final billing due October 31, 2023. Treatment of noxious weeds shall occur as spot-treatments, with every reasonable effort made to prevent non-target plants from being sprayed. All herbicide 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 herbicide treatment, in which case perennial weeds in seed may be treated in order to suppress root growth.
B. NOXIOUS WEED LIST Scope of work shall pertain to herbicide treatment of all weeds listed on the Pitkin County Noxious Weed List and any additional Colorado 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.”
The Pitkin County Noxious Weed List may be found at: http://pitkincounty.com/430/Noxious-Weed-Information The Colorado Noxious Weed List can be found at: http://www.colorado.gov/cs/Satellite/Agriculture-
Main/CDAG/1174084048733
C. PITKIN COUNTY RIGHTS-OF-WAY
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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 are
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 are: Road Miles Road Miles
Redstone Blvd. 1.73 McLain Flats Rd. 4.6
Osgood Rd. 0.27 Sage Way 0.27
Coal Creek Rd. 1.3 Front Way 0.12
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
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 Dr. 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
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: Based on the bids received, the County will choose to
include this addition (or not) in the Project Scope of Work:
A second herbicide treatment of noxious weeds in the following County ROW:
Road Miles Road Miles
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Redstone Blvd. 1.73 Woody Creek Rd. 9.3
Osgood Rd. 0.27 Gerbaz 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
S. 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
Snowmass 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
D. SELECT PITKIN COUNTY PROPERTIES One herbicide treatment of Noxious Weeds on the following General Fund Properties: 1. Parcel # 264321200804 (in Brush Creek Village) (40 acres)
2. Parcel # 273707300861 (off N. Mill Street in Aspen) (1.89 acres)
3. Parcel # 264307100851 (Pitkin County Landfill) (15 acres) a. Pitkin County personnel shall be informed at least one week in advance of all planned weed treatment at the Landfill. Staff will need to coordinate treatment with
available Landfill Supervisor.
E. OTHERS PROPERTES Highway 82: Mile Makers 14 through 61 (47 miles) Highway 133: Mile Marker 43 through 65 (22 miles) Treatment in CDOT Right-of-way shall begin no earlier than July 1, 2023. Proper signage, traffic control, and beacons are required during all work within CDOT ROW. Pitkin 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. F. 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
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accompanying Rules and Regulations. A copy of the daily log reports shall be submitted to Melissa Sever weekly containing all applicable information required by federal, state and local laws. In addition, all infestations (including occurrences of a single plant) of Colorado List A Noxious Weeds or Colorado List B Noxious Weeds not yet on the Pitkin County Noxious Weed List shall be reported to Romany Iacono within one week of discovery. Contractor will directly file or assist Pitkin County with completion and filing of US Forest Service form FS 1500-23 on an annual or semi-annual basis as required by US Forest Service. A blank copy of form FS 1500-23 is provided as Attachment C, hereto. G. MAPPING Contractor needs to provide the following information in their data:
• Weeds sprayed on ROW throughout the County.
• Weeds sprayed 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 lat/long 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 road names shown. The contractor shall provide weed spray maps in ESRI Arc GIS, .SHP formats
on a flash drive to Pitkin County on a monthly basis. Contractor shall provide
County wide map and summary report at the end of the season. The summary map shall include weeds reported throughout county with approximate counts of infestations, gallons used, herbicide types, and mileages.
During roadside spraying operations, Contractor 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. B. CONTRACT TIME AND LIQUIDATED DAMAGES
It is the County's intent to complete this project no later than September 30, 2023
for the base scope and October 15, 2023 for the additional scope. Liquidated damages of one hundred dollars ($100.00) per calendar day will be accrued if project is not completed by the established deadline.
C. ADDITIONAL INFORMATION
It is the Contractors responsibility to provide any and all safety equipment and/or managerial oversight necessary to perform all work in a safe and workman-like manner. Pitkin County reserves the right to enter the working site for periodic checks of safe working environments, as applicable.
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Pitkin County expects that any Contractor providing goods or services will do so in compliance with Pitkin County policies, including, but not limited to, tobacco use
policies, public health orders, permitting requirements, construction ordinances, building access and safety requirements, and Pitkin County standards of conduct. Pitkin County’s elected Board of County Commissioners have identified climate action and carbon footprint reduction as a priority for County projects. Pitkin
County encourages all proposers to be environmentally conscious when preparing their proposal documents, making travel plans, printing materials, selecting fleet vehicles, designing/updating facilities systems, qualifying subcontractors, investing, and/or any other business activities wherever a less environmentally impactful solution may or could exist. IV. SELECTION PROCESS The County is required by the terms of the Pitkin County Procurement Code to conduct a competitive selection process to select a Contractor for the above-described proposal. This process shall be through formal proposals submitted in
response to this Request for Proposals. A. SUBMITTALS 1. Proposer shall submit proposals for this Service as outlined in the Request for Proposals and Scope of Services, or an alternately developed plan as developed
by Proposer in response to and in accordance with this Request for Proposals and Information to Proposers attached hereto. Proposal Format: Each response shall be 8½” X 11” in size. Font, Times New
Roman, size shall be no smaller than 12 point. A sample contract has been included
for review and Template Contract revisions, if any, must be uploaded as a separate file with any changes clearly highlighted. Template Contract change requests will not be reviewed until scoring has been completed and, as such, any information that could be considered material to your proposed response to the solicitation should
not be included in the sample Contract. Proposals may include pages up to 11”x17”
size, as needed. a. The proposal must contain name, address, daytime phone number(s), and e-mail address for person(s) to whom additional
selection process requests should be communicated;
b. A proposed approach (basic description of how Proposer will proceed with this Service), timetable for the Service, and proposed method of compensation for services rendered;
c. A statement of Qualifications of the Proposer and any subcontractors anticipated to perform under the awarded contract;
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d. References, especially those for significantly similar projects with local governments;
e. A completed Proposal Form (may indicate “In Attached Documents” for Approach and Qualifications/References sections of the provided Proposal Form, if desired. The Proposal Form, however, will not be considered complete if any and all addenda are not acknowledged and the form has not been signed);
f. List of all subcontractors (including qualifications); g. Fee schedule of standard rates for any work that may not be included in provided Scope of Work, as applicable
2. Proposer may be required to supply additional information upon request, or to make additional submissions under secondary selection criteria, if necessary.
3. Any and all questions or comments shall be submitted via email to procurement@pitkincounty.com no later than 4:00 PM MT on October 20, 2022. All requests must have the email subject line, “RFP 258.22 Pitkin County Noxious Weed Management and Treatment Services Request for Clarification and Questions.” All questions, comments and answers
provided shall be shared with all Proposers via addendum posted on BidNet Direct. Addendum(s) will include the requests for clarification and questions, as written by the Proposer.
4. All Proposals must be uploaded to the BidNet Direct website. Proposals
will not be accepted in any other form or manner. 5. During the Request for Proposal selection process, all proposals shall remain confidential. The entire selection process (procurement) file shall be
available to the public (which includes all Proposers) after an agreement is
approved by the County, except those items for which confidentiality has been requested in writing by the Proposer, and providing that the County Attorney has reviewed and determined this to be the properly confidential under the State Open Records Act and other relevant statutes and
regulations.
B. TIME SCHEDULE
The County will endeavor to use the following timetable:
September 26, 2022 Request for Proposals publicly advertised, posted on website (www.bidnetdirect.com/colorado)
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October 20, 2022 Proposer’s request for clarification and questions due via email to procurement@pitkincounty.com by 4:00 PM MT
October 25, 2022 County’s response to request for clarification and questions posted on BidNet Direct via addendum November 4, 2022 PROPOSALS MUST BE UPLOADED TO BIDNET
DIRECT BY 2:00 PM MT Week of Nov. 7-11, 2022 Meeting of Selection Committee; checking of references as necessary; requests for additional information or
clarifications, if necessary; scheduling of interviews, if necessary November 11, 2022 Issuance of Notice of Award to top-ranked proposer
November 11, 2022 Notices sent to unsuccessful proposers May 1, 2023 Anticipated Contract Start Date October 31, 2023 Anticipated Contract Completion Date
C. EVALUATION CRITERIA AND WEIGHING Selection of the "short-listed" Proposers to be interviewed and/or the selection of the top-ranked Proposer will be based upon the following criteria and relative
importance (or as the same may be amended or supplemented by published
secondary selection criteria, if any): 1. Approach to Project 35% The Proposer shall prepare a brief statement as to their intention to address:
A. The Project Scope of Work
B. The Project Schedule 2. List of Similar Work 25% The Proposer shall submit examples of projects of similar size and scope,
specifically with local governments when available.
3. Estimated Cost of Services, including Reimbursable Expenses 25% A. The Proposer shall list all costs assumed necessary to successfully complete and/or deliver the provided scope of work, services,
and/or goods, including, but not necessarily limited to:
i. Labor and material expenses ii. Reimbursable expenses for mileage and/or administrative services
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iii. Miscellaneous expenses B. The Proposer shall provide a list of standard fees/rates and material markup rates to include with the Contract for any
additional services or goods that may not be covered in the awarded Contract; billable only as incurred and as agreed upon in advance by mutual signing of a change order. 4. References 15%
The Proposer shall provide a list, including contact name and information, of references/prior clients, especially local, state and federal government. D. SELECTION COMMITTEE
Communications between Proposer and any member of the selection committee during the selection process, except when and in the manner expressly authorized by the Request for Proposals, is prohibited. Violation of this restriction is grounds for disqualification from the process. Voting Members of the Selection Committee: Nonvoting counsel to the Selection Committee: -Romany Iacono, Public Works -Scott Mattice, Road & Bridge -Brian Pettet, Public Works
Director
-County Attorney -County Procurement
E. SAMPLE CONTRACT A sample of the Pitkin County Contract for the Provision of Services is included
as Attachment A. The Proposer must present any exceptions to the standard
contract language, if any, with their proposal, included as a separate document. If changes are not requested at the time of proposal submission, the County shall consider that terms and conditions are accepted by proposer. Requests for Contract alterations, modifications, additions, or deletions will not be entertained
following proposal submission. Submittal of contract change requests is for
County’s information only and will not be reviewed until selection committee scoring and vendor selection has been completed; contract language change requests will not disqualify any proposer or be evaluated for partiality. This opportunity is offered so proposers may familiarize themselves with standard
County terms and requirements, and change requests that are submitted at the
time of proposal allow the County to expedite the consideration of such requests during the award process so as to avoid delays in contracting. As mentioned in Section IV.A, proposers should not include any information
specific to their proposed approach, pricing, delivery schedule, etc. when
submitting language change requests as this information will not be reviewed prior to final selection of a top-ranked proposer. Failure of proposer to review and abide by this guidance and any lack of conveyance of such information to the
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selection committee shall be construed as an error on the behalf of the proposer and not on behalf of the County or the selection committee.
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PROPOSAL FORM
Proposal Time: 2:00 PM MT Proposal Date: November 4, 2022 From:
Phone E-mail Address: To: THE PITKIN COUNTY BOARD OF COMMISSIONERS
c/o Procurement 530 E Main Street, Suite #304 Aspen, CO 81611 For: RFP 258.22: Pitkin County Noxious Weed Management & Treatment
Services Pursuant to a request by the Pitkin County Commissioners, the undersigned Proposer having examined this Request for Proposals (RFP), including familiarization of the site and/or the conditions of the proposed Service environment, including the availability of
materials and labor hereby proposes to furnish all labor, materials, supplies, applicable permits, services, and supervision required to provide a completed product as detailed in this RFP and adjoining documentation for the sum of:
$___________________________________________ Fee Schedule(s) for this project and any applicable work that may not have been included in the Scope of Work but may be necessary for successful completion must be included in
the proposal documents.
Approach, Qualifications, and References may be submitted on your own proposal form; please indicate “In attached documents” for any items omitted herein. A completed proposal form including, at minimum, acknowledgement of all addenda and
signature/corporate seal is required for proposals to be considered responsive.
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Statement and Detailed Approach to Service:
Qualifications of Proposer: Please insert names address, phone numbers and description of similar Service for
Reference Checks. 1.
2.
3.
It is further understood that the right is reserved by the County to reject any and all
proposals and it is agreed that the proposals may not be withdrawn for a period of ten (10) days from specified time for receiving proposals. The Proposer acknowledges receipt of Addenda Nos. .
The right is reserved to waive any informalities and to reject any Proposal. (Type/Print name under all signatures)
Dated this day of , 2022
(Corporate seal) PROPOSER:
SIGNATURES: If the proposal is being submitted by a Corporation, the Proposal Form should be signed by an officer, i.e. President or vice-president. The signature of the
officer signing shall be attested to by the secretary and properly sealed. If the proposal is
being submitted by an individual or a partnership, the proposal shall so indicate and be properly signed.
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INSTRUCTIONS TO PROPOSERS FOR PITKIN COUNTY CONTRACTS
1. a. A "Proposal" is a responsive, conforming, unconditional, complete, legible and properly executed offer on the Pitkin County Proposal Form to do the work called for
in the Request for Proposals (“RFP”). b. Proposals must be submitted electronically in PDF format and submitted at the time
and place designated in the RFP. Electronic submissions must be clearly marked as a "sealed proposal" with the Service name and the name, contact person, mailing address and telephone number of the Proposer. The County reserves the right to request verification of any original or electronic signature at any time before issuing a Notice of Award. c. It shall be the responsibility of the Proposer to ensure that the Proposal is in proper form and in the County's possession by or before the scheduled time and date of public
Proposal opening. Proposals will not be accepted after the scheduled time and date of opening. Any Proposals received late will be returned to the Proposer unopened, if possible. In the event that it is impossible to determine who the late Proposer is unless
the envelope is opened, the envelope will be opened, the address determined, and the envelope and Proposal returned immediately to the Proposer.
d. If specified in the Request for Proposals, parties who request packages of proposal documents will be required to pay a fee for the document package. All parties who request packages must provide the name of the potential Proposer, along with the
name of a contact person, address, telephone number, and email address for the purpose of dissemination of Addenda or additional proposal information.
e. If a mistake is made or discovered at or after the public opening, the County reserves the right to determine which party made the mistake and whether the mistake is material and, after these determinations, the County, in its sole discretion, shall make the decision whether to accept or reject the Proposal. No advantage shall be taken by either party of manifest clerical errors or omissions in the Proposal documents or the Request for Proposals (and plans and specifications). All Proposers are required to notify the County immediately of any errors of omissions that may be encountered. (See 2.a. and 2.c., below).
f. The signer of the Proposal must initial any alteration or erasure. If provided on the required Proposal Form, the proposal price of each item must be stated in numerals
and words; in case of a conflict, the words will control. In case of conflict between the indicated sum of any addition of figures and the correct sum, the correct sum will control.
g. No reimbursement will be made by the County for any costs incurred in the preparation of a statement of qualifications, Proposals, or attendance at a site
inspection, pre-bid conference or interviews. h. No person, firm, corporation or other entity shall be allowed to make, file or be
interested in more than one Proposal for the same work, unless alternate proposals are called for. A person, firm, corporation or other entity who has submitted a sub-proposal to Proposer, or who has quoted prices on materials to a Proposer, is not
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hereby disqualified from submitting a sub-proposal or quoting prices to other Proposers.
2. a. If any person contemplating submitting a Proposal is in doubt as to the true meaning of any part of the Drawings, Specifications or other Proposal or Contract Documents,
or finds discrepancies, errors, ambiguities, inconsistencies, incompleteness or omissions in the Drawings or Specifications or the proposal process, he/she must submit to the Procurement Officer a written request for an amplification, clarification,
explanation, interpretation or correction thereof. Failure to do so shall constitute: (1) acceptance by the Proposer of the Drawings, Specifications or other Proposal or Contract Documents as is, and (2) a waiver by the Proposer of any and all claims arising, or that might arise, out of such discrepancies, errors, ambiguities, inconsistencies, incompleteness or omissions. b. Proposers may propose substitute materials or techniques if such substitution is equal to or better than the materials or techniques described in the RFP and if the substitution
has been submitted in writing at least ten (10) days prior to the public Proposal opening. The burden of proof of equality or superior quality is on the Proposer. If accepted as equal by the County in its discretion, the substitute will be designated as
an alternative on a formal addendum available to all Proposers three (3) days prior to the deadline for Proposal submission, when possible. If approval of any substitute materials and/or processes has not been provided by County prior to the deadline for
proposal submission, proposers may elect to submit an alternate bid with separate pricing and rationalization for the alternate materials and/or approach. County, at its sole discretion, will determine if the alternate meets the needs of the respective project.
c. Any amplification, clarification, explanation, interpretation or correction of the documents will be made only by written Addendum duly issued and a copy of the
Addendum will be mailed or delivered to each person receiving a set of the Proposal Documents. Delivery, as used in these Instructions, shall include electronic delivery through e-mail, facsimile, web-posting or other electronic means. Neither the County nor the Procurement Officer will be responsible for any information, representations, explanations or interpretations of the Contract Documents not in written addenda. d. The County reserves the right to call a pre-proposal conference; if called and conducted, a summary of the pre-proposal conference will be mailed or electronically
delivered to all parties receiving a set of Proposal documents. e. On request, the County will provide each Proposer access to the site to conduct, at
Proposer's sole cost, such inspections, tests and investigations as each Proposer deems necessary for submission of a Proposal. No information provided by County representatives at such a site inspection shall be deemed a waiver of the requirements
of 2.a. and 2.c., above. f. Any Addenda issued during the time of the Proposal process, or forming a part of the
Proposal Documents, shall be covered in the Proposal, and shall be considered a part of the RFP. Receipt of each Addendum shall be acknowledged in the Proposal.
g. If specified in the RFP, a request for qualifications may precede the RFP process.
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3. a. Each Proposal, if required by the Proposal Documents, shall be accompanied by a certified check or bid bond in a form acceptable to the County Attorney, in an amount
specified, payable without condition to the County as a guarantee that the Proposer, if awarded the Contract, will promptly execute the Agreement in accordance with the Proposal, and will furnish, if required by the Proposal, good and sufficient bonds for
the faithful performance of the Contract and for the payment to all persons supplying labor and material for the work (see 10.a., below). The Proposal guaranties of all parties except the three highest scoring Proposals will be returned promptly after the opening
of Proposals. After execution of the Contract and issuance of a Notice to Proceed, the remaining two Proposers’ guaranties will be returned. b. Proposer also, if required by the Proposal Documents, will fully complete and submit with the Proposal a Pitkin County Qualification Statement, or an updated Statement if one is already on file. Pitkin County reserves the right to pre-qualify Proposers based on said qualification statements.
c. Proposer also must submit with the Proposal a list of subcontractors, independent contractors and suppliers to be employed under the Contract. If the County has a reasonable objection to any such subcontractor, independent contractor or supplier, it
shall notify the Proposer and the Proposer may then: (a) withdraw the Proposal; or (b) substitute an acceptable contractor or supplier. If required by the Contract Documents, subcontractors, independent contractors and/or suppliers may be required to submit a
Contractor's Qualification Statement. d. Proposals by corporations must be executed in the corporate name by the president or
a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the
signature. e. Proposals by partnerships or limited liability companies (“LLC”) must be executed in the partnership or LLC name and signed by a partner, authorized LLC officer, whose title must appear under the signature and the official address of the partnership or LLC must be shown below the signature. The state in which the entity was formed and whose law governs the entity shall be shown below the signature.
f. All names must be typed or printed below the signature. 4. a. Proposer acknowledges that this proposal is solicited and submitted subject to the
requirements of the "Pitkin County Procurement Code," (Ordinance #009-2021, as previously amended by Ordinances #026-2005 & #03-2007 (copies available via the PitkinCounty website at https://pitkincounty.com/DocumentCenter/View/27059/title-
03-revenue-and-finance or upon request for a nominal charge). As such, the Proposer agrees to comply with all applicable requirements of said Procurement Code relating to proposing, contract drafting, contract administration, and ethics. The requirements
of the Procurement Code are incorporated herein by this reference. b. The Proposer shall immediately notify the County Manager in writing of any violation of said Code by the County's employees or agents, which violation is known or should have been known by Proposer, and failure to so notify the County of violations within five (5) days of knowledge of such violations shall disqualify the Proposer from award
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of the Contract being proposed and shall be deemed as a waiver of any action or defense that the Proposer may have against the County by reason of such violation of
the Procurement Code. c. The submission of a Proposal shall be conclusive evidence and legal admission that
the Proposer: (1) has no questions, complaints or objections in connection with the Proposal process and/or documents, subject to any requests made by Proposer for amplification, clarification, explanation, interpretation or correction pursuant to
Paragraph 2.a. and 2.c., above; (2) has no questions, complaints or objections as to the completeness, sufficiency, scope or detail of the Proposal Documents; and (3) has full knowledge of the scope, nature, quality and quantity of work to be performed, the detailed requirements of the Proposal Documents including any and all contract documents, the plans and specifications, the site and conditions under which the work is to be performed, the Pitkin County Procurement Code and applicable Colorado law. 5. a. All Proposals will be opened and read in public by name of Proposer only. No
Proposals may be withdrawn after the beginning of the public opening. The County, in its sole discretion, may delay a Proposal opening for no longer than two (2) business days if weather or other circumstances beyond control of Proposers results in delay in
receipt of Proposals. Proposals may be withdrawn at any time prior to the beginning of the public opening or modified by a document executed and delivered in a form substantially similar to the Proposal Form prior to opening.
b. All Proposals submitted must be valid for a minimum period of sixty (60) days after the date of the Proposal opening. During this time, Proposers are investigated, and
Proposals are evaluated. 6. a. Proposals will be awarded to the highest scoring Proposer complying with the terms,
conditions, guidelines, selection criteria, plans and specifications presented in the Request For Proposals. All rights are reserved by the County to determine, in the County's sole reasonable discretion, whether the Proposal meets the needs or a purpose intended and is within the budget. b. Although price may be a major consideration in the selection of a Proposal, the County does not award on price alone. The County may also consider the quality of product as judged by the County; past experience with Proposers, subcontractors, independent
contractors, products or suppliers; qualifications of the Proposers and/or subcontractors, independent contractors or suppliers; services offered; warranties; maintenance considerations; long-range costs; delivery; and similar considerations,
all as specified in detail in the RFP. c. The County reserves the absolute right to conduct such investigations as it deems
necessary to assist in the evaluation of any Proposal and to establish the experience, responsibility, reliability, references, reputation, business ethics, history, qualifications and financial ability of the Proposers and proposed subcontractors,
independent contractors and suppliers. The purpose of such investigation is to satisfy the County that the Proposer has the experience, resources and commercial reputation necessary to perform the work and support any warranties in accordance with the
Contract Documents in the prescribed manner and time.
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d. The County, at its sole discretion, may require the apparent successful Proposer to demonstrate, at a place and time designated by the County, that the Proposal meets
the performance criteria specified, or to otherwise provide documented proof from independent reliable sources acceptable to the County that said performance criteria will be met prior to final acceptance of the Proposal. The burden of proof of such a
demonstration is on the Proposer. In the event that the apparent successful Proposer fails to demonstrate or provide acceptable proof of meeting required performance criteria, that proposal will be rejected and the next eligible Proposer in the selection
ranking will be invited to participate in the same process until a proposal meeting performance criteria is found within the ranking of eligible Proposers. The County reserves the rights to reject any or all Proposals or to otherwise accept the Proposal which in the County's sole discretion is in the best interest of the County. e. Pitkin County reserves the right, if it deems such action to be in the best interests of the County, to reject any and all Proposals or to waive any irregularities or informalities therein. Any incomplete, conclusory, false or misleading information
provided by Proposer shall be grounds for rejection of the proposal. If proposals are rejected, the County further reserves the right to investigate and accept the next best proposal in order of ranking or to reject all proposals and re-solicit for additional pro-
posals. f. Any questions or disputes involving the documents or procedures not covered by these
Instructions or other Proposal Documents shall be resolved by the Procurement Officer on the basis of fairness, custom in the industry, maximization of competition and best interests and convenience of the County.
7. Issuance of Notice of Award, execution of Contract Documents and issuance of a Notice to Proceed shall be as specified in the Contract Documents and in accordance with the Pitkin
County Procurement Code. County standard practice is to first notice the top-ranked proposer and enter into a final contract agreement prior to notifying unsuccessful bidders. Non-awarded bidders will be notified of the County’s decision and shall be offered an optional debrief conversation of the bidding and evaluation process; debrief conversations may be offered prior to contract signing but, in most cases, will not be scheduled until a contract has been finalized. 8. Contracts will be executed on standard Pitkin County Contract documents and/or by separate
agreement with the Proposer. Copies of any applicable standard forms are included with the Proposal Documents. The County reserves the right to negotiate with the Proposer for contract terms not specified in the Proposing Documents. Any changes from the Pitkin
County standard form contract may result in a delay in the issuance of a Notice to Proceed in order to obtain any necessary County Attorney review of changes from the standard form. Proposer agrees that any such delays shall not be grounds for either additional compensation
or an extension of time to complete the work that is the subject of the Proposal. 9. If any contract awarded as a result of a Proposal extends beyond the calendar year, nothing
herein shall be construed as an obligation by the County beyond any amounts that may be, from time to time, appropriated by the County on an annual basis. It is understood that payment under any Contract is conditional upon annual or supplemental statutory
appropriation of funds by said governing body and that before providing services, the Proposer, if he/she so requests, will be advised as to the status of funds appropriated for
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
20
services or materials and shall not be obligated to provide services or materials for which funds have not been appropriated.
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PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES
THIS CONTRACT, made November 11, 2022 by and between the Board of County
Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611,
(hereinafter called the “County”) and Contractor Legal Entity, Contractor Street Address (Include
Suite/Unit), City, ST ZIP (hereinafter called the “Contractor”) to perform the following work:
Noxious Weed Management and Treatment Services (“Project”).
I. Term of Contract: The term of this Contract is from November 11, 2022 to November
10, 2023. At the expiration of the initial term, the contract may be extended for five (5)
additional terms of one (1) year by the express written consent of both parties.
II. Contractor’s Obligations. Contractor shall
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
spell out number of dollars dollars and spell out number of cents cents ($0.00) 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, 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.
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V. Pitkin County’s Obligations. Pitkin County shall administer this Contract through
a County Representative. Project Lead, Project Lead Title will manage the project as
the County’s Representative. In the event that Project Lead is not available, Alternate
Person with Title 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.
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.
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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
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
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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)
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
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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. ☐ Performance Bond $
b. ☐ Professional Errors and Omissions
c. ☐ Aircraft Liability
d. ☐ Owner’s Protective
e. ☐ Builder’s Risk
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:
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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
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
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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
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 provided by electronic delivery to the e-mail addresses set forth below and
by one of the following methods 1) hand-delivery or 2) registered or certified mail,
postage pre-paid to the mailing addresses set forth below. Each party by notice sent
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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. Nothing contained herein shall be
construed to preclude personal service of any notice in the manner prescribed for
personal service of a summons or other legal process.
To Pitkin County: Project Lead Street Address City, ST ZIP Email: first.last@pitkincounty.com
with copies to: Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Email: Attorney@pitkincounty.com
To Contractor: Contractor Legal Entity Contractor Street Address (Include Suite/Unit) City, ST ZIP
Phone: ( ) - Email: first.last@emailserver.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 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
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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. CONTRACTOR LEGAL ENTITY ________________________________________________ !#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL:
_________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date
MANAGER APPROVAL: ________________________________________________ !#COUNTY MANAGER#! Date
Proposer Organization:
Pricing per Application Per Mile Per AcreHerbicide-$ -$
Adjuvant -$ -$
Materials -$ -$
Road Scope ROW Quantity Unit Herbicide Adjuvant Materials Additional Expenses Total Herbicide Used Notes (optional)
Redstone Blvd.Base County 1.73 Mile - - - - -
Osgood Rd.Base County 0.27 Mile - - - - -
Coal Creek Rd.Base County 1.30 Mile - - - - - Thompson Creek Rd.Base County 3.74 Mile - - - - - N. Thompson Ck. Rd.Base County 2.35 Mile - - - - - S. Thompson Ck. Rd.Base County 7.38 Mile - - - - - Dinkle Lake Rd.Base County 2.80 Mile - - - - - Prince Creek Rd.Base County 4.67 Mile - - - - - West Sopris Creek Rd.Base County 5.66 Mile - - - - -
East Sopris Creek Rd.Base County 6.02 Mile - - - - -
Sopris Creek Rd.Base County 1.02 Mile - - - - -
Emma Rd.Base County 1.50 Mile - - - - -
Frying Pan Rd.Base County 11.25 Mile - - - - -
Eagle-Thomasville Rd.Base County 1.00 Mile - - - - -
North Fork Frying Pan Base County 8.29 Mile - - - - -
Snowmass Creek Rd.Base County 11.20 Mile - - - - - Capitol Creek Rd.Base County 7.49 Mile - - - - - Elk Creek Rd.Base County 1.78 Mile - - - - - Watson Divide Rd.Base County 1.92 Mile - - - - - Jack Gredig Lane Base County 0.50 Mile - - - - - Lower River Rd.Base County 5.03 Mile - - - - -
Upper River rd.Base County 3.55 Mile - - - - -
Woody Creek Rd.Base County 9.30 Mile - - - - -
Gerbaz Way Base County 0.59 Mile - - - - -
Smith Way Base County 0.35 Mile - - - - -
Owl Creek Rd.Base County 3.76 Mile - - - - -
Brush Creek Rd.Base County 2.70 Mile - - - - -
McLain Flats Rd.Base County 4.60 Mile - - - - - Sage Way Base County 0.27 Mile - - - - - Front Way Base County 0.12 Mile - - - - - Service Center Rd.Base County 0.13 Mile - - - - - Animal Shelter Rd.Base County 0.12 Mile - - - - - 100 St.Base County 0.17 Mile - - - - - 200 St.Base County 0.24 Mile - - - - -
300 St.Base County 0.26 Mile - - - - -
400 St.Base County 0.10 Mile - - - - -
Baltic Ave.Base County 0.18 Mile - - - - -
Airport Frontage Rd.Base County 1.30 Mile - - - - -
Maroon Creek Rd.Base County 9.19 Mile - - - - -
Castle Creek Rd.Base County 12.52 Mile - - - - -
Music School Rd.Base County 0.31 Mile - - - - - Midnight Mine Rd.Base County 5.31 Mile - - - - - Conundrum Creek Rd.Base County 1.32 Mile - - - - - Little Annie Rd.Base County 4.49 Mile - - - - - Summer Rd./Aspen Mtn. Base County 4.50 Mile - - - - - Red Mountain Rd.Base County 1.16 Mile - - - - -
Willoughby Way Base County 1.06 Mile - - - - -
Magnifico Dr.Base County 0.21 Mile - - - - -
Hunter Creek Toll Rd.Base County 5.98 Mile - - - - -
Mountain Laurel Dr Base County 0.87 Mile - - - - -
Mountain Laurel Ct.Base County 0.16 Mile - - - - -
West Lupine Dr.Base County 0.22 Mile - - - - -
East Lupine Dr.Base County 0.30 Mile - - - - - Lincoln Creek Rd.Base County 10.00 Mile - - - - - Smuggler Mtn Rd.Base County 5.97 Mile - - - Ruedi South Shores Base Forest Service 0.61 Mile - - - - - Main Frying Pan to Sellar Meadows Base Forest Service 3.00 Mile - - - - - Redstone Blvd.Alternate #1 County 1.73 Mile - - - - - Osgood Rd.Alternate #1 County 0.27 Mile - - - - -
Coal Creek Rd.Alternate #1 County 1.30 Mile - - - - -
Thompson Creek Rd.Alternate #1 County 3.74 Mile - - - - -
N. Thompson Ck. Rd.Alternate #1 County 2.35 Mile - - - - -
S. Thompson Ck. Rd.Alternate #1 County 7.38 Mile - - - - -
Dinkle Lake Rd.Alternate #1 County 2.80 Mile - - - - -
Prince Creek Rd.Alternate #1 County 4.67 Mile - - - - -
West Sopris Creek Rd.Alternate #1 County 5.66 Mile - - - - - East Sopris Creek Rd.Alternate #1 County 6.02 Mile - - - - - Sopris Creek Rd.Alternate #1 County 1.02 Mile - - - - - Emma Rd.Alternate #1 County 1.50 Mile - - - - - Snowmass Creek Rd.Alternate #1 County 11.20 Mile - - - - - Capitol Creek Rd.Alternate #1 County 7.49 Mile - - - - -
Elk Creek Rd.Alternate #1 County 1.78 Mile - - - - -
Watson Divide Rd.Alternate #1 County 1.92 Mile - - - - -
Lower River Rd.Alternate #1 County 5.03 Mile - - - - -
Upper River rd.Alternate #1 County 3.55 Mile - - - - -
Woody Creek Rd.Alternate #1 County 9.30 Mile - - - - -
Gerbaz Way Alternate #1 County 0.59 Mile - - - - -
Smith Way Alternate #1 County 0.35 Mile - - - - - Owl Creek Rd.Alternate #1 County 3.76 Mile - - - - - Brush Creek Rd.Alternate #1 County 2.70 Mile - - - - - McLain Flats Rd.Alternate #1 County 4.60 Mile - - - - - Sage Way Alternate #1 County 0.27 Mile - - - - - Service Center Rd.Alternate #1 County 0.13 Mile - - - - - Animal Shelter Rd.Alternate #1 County 0.12 Mile - - - - -
100 St.Alternate #1 County 0.17 Mile - - - - -
200 St.Alternate #1 County 0.24 Mile - - - - -
300 St.Alternate #1 County 0.26 Mile - - - - -
400 St.Alternate #1 County 0.10 Mile - - - - -
Baltic Ave.Alternate #1 County 0.18 Mile - - - - -
Airport Frontage Rd.Alternate #1 County 1.30 Mile - - - - - Maroon Creek Rd.Alternate #1 County 9.19 Mile - - - - - Castle Creek Rd.Alternate #1 County 12.52 Mile - - - - - Music School Rd.Alternate #1 County 0.31 Mile - - - - - Parcel # 264321200804 (in Brush Creek Village)General Fund County 40.00 Acre - - - - - Parcel # 273707300861 (off N. Mill Street in Aspen)General Fund County 1.89 Acre - - - - - Parcel # 264307100851 (Pitkin County Landfill)Landfill County 15.00 Acre - - - - -
Highway 82: Between mile markers 14 and 61 Other CDOT 47.00 Mile - - - - -
Highway 133: Between mile markers 43 and 65 Other CDOT 22.00 Mile - - - - -
Description Unit $/Unit Notes
Equipment Expenses
Fuel Expenses
Report Development EA
Description Unit $/Unit Notes
Mile
Acre
Mile
Acre
Mile
Acre
Herbicide
Adjuvant
Materials
For any additional work requested
FEE SCHEDULE
USDA Forest Service OMB 0596-0217 FS-1500-23
Revised 11-25-13
Optional Project Performance Report*
1. Recipient/Cooperator Name: Pitkin County – Romany Iacono
2. Agreement Number: 19-PA-11021500-078 3. Project Title: Noxious Weeds Treatment and Control
4. Reporting Period End Date: 11/1/2021 5. Report Type: Interim Final
For each program/project in the agreement narrative, please provide brief information on the following:
6. Status Summary:
7. What has been accomplished to date? Please provide a comparison of actual accomplishments to the objectives established in the agreement narrative (quantify where possible):
8. Any problems encountered? Explain delays or changed costs or conditions that significantly impair the ability to meet agreement objectives and timelines. If necessary, please work with the F.S. program manager for an extension of
the agreement period.
9. Any changes that you plan to propose? Please work with F.S. program manager to determine if a modification is
needed (e.g., a change is needed to the objectives or financial plan).
10. Briefly describe work to be performed during the next reporting period.
11. Any other comments considered of importance but not discussed above?
12. Signatures of Authorized Representative: by signature below, the signing parties certify that they are the official representatives of their respective parties and authorized to act in their respective areas for matters related to the above-
referenced grant/agreement.
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Signature: Date:
Name/Title: Phone:
*Note to Cooperator Project Lead: This optional form helps respond to the performance reporting required by the agreement.
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Signature: Date:
Name/Title: Phone:
*Note to F. S. Program Manager: Please document this and any other monitoring activity in NRM or send to G&A Personnel.
USDA Forest Service OMB 0596-0217 FS-1500-23
Revised 11-25-13
Burden Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer.
USDA Forest Service OMB 0596-0217 FS-1500-23
Revised 11-25-13
INSTRUCTIONS FOR FORM FS-1500-23
1. Enter the recipient’s or cooperator’s name.
2. Enter the orginal U.S. Forest Service agreement number. 3. Enter the project’s title. 4. Enter the type of report. 6-8. Provide information related to each program/project in the agreement narrative. 11. Self explanatory.
Rev. 2022.6.21 CDD
RFP # 258.22
ADDENDUM # 1
Date: November 1, 2022
TO: All Parties of Interest for the Pitkin County Noxious Weed Management & Treatment
Services.
This addendum is issued in response to inquiries received and/or to clarify details regarding
the Pitkin County Noxious Weed Management & Treatment Services Request for Proposals.
The following responses and/or clarifications are hereby adopted as Project Documents and, where applicable, supersede or are in addition to any previously issued documentation or communication.
1. Question: Will the contractor be required to submit any Pesticide use proposals to BLM or USFS for this project?
• Response: Yes, USFS and CDOT require spray records at the end of the
season. They will be submitted to the County and we submit them to USFS.
2. Question: How are the additional scope items to be considered in the lump sum price? Should a separate price be provided for the additional scope?
• Response: Yes, they should be included in the final bid.
3. Question: Is there any existing mapped data of weed populations that can be provided?
• Response: Our population maps for 2022 have yet to be uploaded, we have
2021 chemical control maps at: https://www.pitkincounty.com/430/Noxious-Weed-Information 4. Question: In the Mapping specification (Section III.A.G), “Contractor 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.” Does this mean reporting infestations on adjacent private lands? If so, how should mapping/reporting take place without trespassing?
• Response: Our current contractor targets infestations on private land with a
by sight, and uploads coordinates to their mapping software. They only
report sightings visible from the roadside.
Rev. 2022.6.21 CDD
Thank you for reviewing this Request for Proposals and for your willingness to pursue
business opportunities with Pitkin County. Should you require any additional clarification regarding the Project or this Addendum, please contact Procurement@PitkinCounty.com .
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
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PUBLIC NOTICE
Pitkin County is accepting proposals to provide Pitkin County Noxious Weed Management and Treatment Services.
More information is available online at www.BidNetDirect.com/Colorado.
Any and all questions, or requests for clarification, must be submitted by 4:00 PM MT on October 20, 2022. Questions and requests for clarification will only be accepted via email at procurement@pitkincounty.com.
Proposal documents must be uploaded to the BidNet Direct website no later than 2:00 PM MT on November 4, 2022.
Published in the Aspen Daily News: September 26, 2022 and October 3, 2022.
Attachment B
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
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PITKIN COUNTY Pitkin County Noxious Weed Management and Treatment Services Table of Contents REQUEST FOR PROPOSAL I. INTRODUCTION 3 II. COUNTY BACKGROUND 3
III. SCOPE OF WORK 4 A. SPECIFICATIONS 4 B. LIQUIDATED DAMAGES 7 C. ADDITIONAL INFORMATION 7 IV. SELECTION PROCESS 8
A. SUBMITTALS 8 B. TIME SCHEDULE 9 C. EVALUATION CRITERIA AND WEIGHING 10 D. SELECTION COMMITTEE 11 E. CONTRACT 11
PROPOSAL FORM 13 INSTRUCTIONS TO PROPOSERS 15
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
3
REQUEST FOR PROPOSALS Pitkin County Noxious Weed Management and Treatment Services GENERAL INFORMATION TO PROPOSERS
ISSUED: September 26, 2022 DUE: November 4, 2022 by no later than 2:00 PM MT I. INTRODUCTION Pitkin County (hereinafter called the “County”) is qualifying interested parties for
the provision of Pitkin County Noxious Weed Management and Treatment Services at various locations throughout Pitkin County as identified in the below project mapping. The County will award a one-year contract with the option to renew up to five
additional one-year terms. It is the County’s intent to award a single contract as the result of this RFP process, so subcontractor work, including qualifications and cost, should be listed if a prime proposer is unable to self-perform all requested services. II. COUNTY BACKGROUND
Covering 975 square miles, Pitkin County is located in the heart of the White River National Forest, surrounded by the spectacular peaks of the central Rocky Mountains. Pitkin County is located in Colorado with the county seat of Aspen. Pitkin County includes the communities of Aspen, Snowmass, Woody Creek, Old
Snowmass, Meredith, Thomasville, Redstone and portions of the town of Basalt.
As public servants, we work in the public trust to ensure quality of life and experience in Pitkin County for present and future generations. Organizational Values: Pitkin County embraces the following values to promote
public trust and confidence in County Government. Stewardship: We strive to leave our natural environment, community, public assets, and organization in better condition than we found them for current and future generations. Ethics: We hold ourselves to high standards of honesty and dependability in the
conduct of County business. Excellence: We are committed to providing quality services that are accessible, accurate and innovative to meet our community’s needs.
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
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Collaboration: We work together as employees and with citizens and other government, non-profit and private sector organizations helping each other succeed in promoting and achieving the public’s goals. Open Communication: We are committed to listening to our citizens and partners and to giving accurate and timely information. Positive Work Environment: We appreciate dedicated and knowledgeable employees and support their professional and personal growth.
Additional information about the County may be found on the County’s website at: https://pitkincounty.com/DocumentCenter/View/21997/PC_brochure_2020_FFO_digital
III. SCOPE OF WORK A. SPECIFICATIONS
Proposers will be required to submit a proposal based on the attached specifications. Only proposals with a complete proposal form with no prices left blank will be considered. A. NOXIOUS WEED TREATMENT
All herbicide treatments for the base scope (see IIC(1), below) shall take place from approximately May 1, 2023 through September 30, 2023, with final billing and records due to Project Lead by October 15, 2023. Contractor shall coordinate season start date with Project Lead before beginning work. If the alternate scope (IIC (2), below) is included, all first
treatments shall be completed by September 30, 2023, and second treatments by October 15, 2023, with final billing due October 31, 2023. Treatment of noxious weeds shall occur as spot-treatments, with every reasonable effort made to prevent non-target plants from being sprayed. All herbicide 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 herbicide treatment, in which case perennial weeds in seed may be treated in order to suppress root growth.
B. NOXIOUS WEED LIST Scope of work shall pertain to herbicide treatment of all weeds listed on the Pitkin County Noxious Weed List and any additional Colorado 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.”
The Pitkin County Noxious Weed List may be found at: http://pitkincounty.com/430/Noxious-Weed-Information The Colorado Noxious Weed List can be found at: http://www.colorado.gov/cs/Satellite/Agriculture-
Main/CDAG/1174084048733
C. PITKIN COUNTY RIGHTS-OF-WAY
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
5
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 are
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 are: Road Miles Road Miles
Redstone Blvd. 1.73 McLain Flats Rd. 4.6
Osgood Rd. 0.27 Sage Way 0.27
Coal Creek Rd. 1.3 Front Way 0.12
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
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 Dr. 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
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: Based on the bids received, the County will choose to
include this addition (or not) in the Project Scope of Work:
A second herbicide treatment of noxious weeds in the following County ROW:
Road Miles Road Miles
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
6
Redstone Blvd. 1.73 Woody Creek Rd. 9.3
Osgood Rd. 0.27 Gerbaz 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
S. 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
Snowmass 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
D. SELECT PITKIN COUNTY PROPERTIES One herbicide treatment of Noxious Weeds on the following General Fund Properties: 1. Parcel # 264321200804 (in Brush Creek Village) (40 acres)
2. Parcel # 273707300861 (off N. Mill Street in Aspen) (1.89 acres)
3. Parcel # 264307100851 (Pitkin County Landfill) (15 acres) a. Pitkin County personnel shall be informed at least one week in advance of all planned weed treatment at the Landfill. Staff will need to coordinate treatment with
available Landfill Supervisor.
E. OTHERS PROPERTES Highway 82: Mile Makers 14 through 61 (47 miles) Highway 133: Mile Marker 43 through 65 (22 miles) Treatment in CDOT Right-of-way shall begin no earlier than July 1, 2023. Proper signage, traffic control, and beacons are required during all work within CDOT ROW. Pitkin 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. F. 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
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
7
accompanying Rules and Regulations. A copy of the daily log reports shall be submitted to Melissa Sever weekly containing all applicable information required by federal, state and local laws. In addition, all infestations (including occurrences of a single plant) of Colorado List A Noxious Weeds or Colorado List B Noxious Weeds not yet on the Pitkin County Noxious Weed List shall be reported to Romany Iacono within one week of discovery. Contractor will directly file or assist Pitkin County with completion and filing of US Forest Service form FS 1500-23 on an annual or semi-annual basis as required by US Forest Service. A blank copy of form FS 1500-23 is provided as Attachment C, hereto. G. MAPPING Contractor needs to provide the following information in their data:
• Weeds sprayed on ROW throughout the County.
• Weeds sprayed 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 lat/long 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 road names shown. The contractor shall provide weed spray maps in ESRI Arc GIS, .SHP formats
on a flash drive to Pitkin County on a monthly basis. Contractor shall provide
County wide map and summary report at the end of the season. The summary map shall include weeds reported throughout county with approximate counts of infestations, gallons used, herbicide types, and mileages.
During roadside spraying operations, Contractor 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. B. CONTRACT TIME AND LIQUIDATED DAMAGES
It is the County's intent to complete this project no later than September 30, 2023
for the base scope and October 15, 2023 for the additional scope. Liquidated damages of one hundred dollars ($100.00) per calendar day will be accrued if project is not completed by the established deadline.
C. ADDITIONAL INFORMATION
It is the Contractors responsibility to provide any and all safety equipment and/or managerial oversight necessary to perform all work in a safe and workman-like manner. Pitkin County reserves the right to enter the working site for periodic checks of safe working environments, as applicable.
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
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Pitkin County expects that any Contractor providing goods or services will do so in compliance with Pitkin County policies, including, but not limited to, tobacco use
policies, public health orders, permitting requirements, construction ordinances, building access and safety requirements, and Pitkin County standards of conduct. Pitkin County’s elected Board of County Commissioners have identified climate action and carbon footprint reduction as a priority for County projects. Pitkin
County encourages all proposers to be environmentally conscious when preparing their proposal documents, making travel plans, printing materials, selecting fleet vehicles, designing/updating facilities systems, qualifying subcontractors, investing, and/or any other business activities wherever a less environmentally impactful solution may or could exist. IV. SELECTION PROCESS The County is required by the terms of the Pitkin County Procurement Code to conduct a competitive selection process to select a Contractor for the above-described proposal. This process shall be through formal proposals submitted in
response to this Request for Proposals. A. SUBMITTALS 1. Proposer shall submit proposals for this Service as outlined in the Request for Proposals and Scope of Services, or an alternately developed plan as developed
by Proposer in response to and in accordance with this Request for Proposals and Information to Proposers attached hereto. Proposal Format: Each response shall be 8½” X 11” in size. Font, Times New
Roman, size shall be no smaller than 12 point. A sample contract has been included
for review and Template Contract revisions, if any, must be uploaded as a separate file with any changes clearly highlighted. Template Contract change requests will not be reviewed until scoring has been completed and, as such, any information that could be considered material to your proposed response to the solicitation should
not be included in the sample Contract. Proposals may include pages up to 11”x17”
size, as needed. a. The proposal must contain name, address, daytime phone number(s), and e-mail address for person(s) to whom additional
selection process requests should be communicated;
b. A proposed approach (basic description of how Proposer will proceed with this Service), timetable for the Service, and proposed method of compensation for services rendered;
c. A statement of Qualifications of the Proposer and any subcontractors anticipated to perform under the awarded contract;
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
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d. References, especially those for significantly similar projects with local governments;
e. A completed Proposal Form (may indicate “In Attached Documents” for Approach and Qualifications/References sections of the provided Proposal Form, if desired. The Proposal Form, however, will not be considered complete if any and all addenda are not acknowledged and the form has not been signed);
f. List of all subcontractors (including qualifications); g. Fee schedule of standard rates for any work that may not be included in provided Scope of Work, as applicable
2. Proposer may be required to supply additional information upon request, or to make additional submissions under secondary selection criteria, if necessary.
3. Any and all questions or comments shall be submitted via email to procurement@pitkincounty.com no later than 4:00 PM MT on October 20, 2022. All requests must have the email subject line, “RFP 258.22 Pitkin County Noxious Weed Management and Treatment Services Request for Clarification and Questions.” All questions, comments and answers
provided shall be shared with all Proposers via addendum posted on BidNet Direct. Addendum(s) will include the requests for clarification and questions, as written by the Proposer.
4. All Proposals must be uploaded to the BidNet Direct website. Proposals
will not be accepted in any other form or manner. 5. During the Request for Proposal selection process, all proposals shall remain confidential. The entire selection process (procurement) file shall be
available to the public (which includes all Proposers) after an agreement is
approved by the County, except those items for which confidentiality has been requested in writing by the Proposer, and providing that the County Attorney has reviewed and determined this to be the properly confidential under the State Open Records Act and other relevant statutes and
regulations.
B. TIME SCHEDULE
The County will endeavor to use the following timetable:
September 26, 2022 Request for Proposals publicly advertised, posted on website (www.bidnetdirect.com/colorado)
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
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October 20, 2022 Proposer’s request for clarification and questions due via email to procurement@pitkincounty.com by 4:00 PM MT
October 25, 2022 County’s response to request for clarification and questions posted on BidNet Direct via addendum November 4, 2022 PROPOSALS MUST BE UPLOADED TO BIDNET
DIRECT BY 2:00 PM MT Week of Nov. 7-11, 2022 Meeting of Selection Committee; checking of references as necessary; requests for additional information or
clarifications, if necessary; scheduling of interviews, if necessary November 11, 2022 Issuance of Notice of Award to top-ranked proposer
November 11, 2022 Notices sent to unsuccessful proposers May 1, 2023 Anticipated Contract Start Date October 31, 2023 Anticipated Contract Completion Date
C. EVALUATION CRITERIA AND WEIGHING Selection of the "short-listed" Proposers to be interviewed and/or the selection of the top-ranked Proposer will be based upon the following criteria and relative
importance (or as the same may be amended or supplemented by published
secondary selection criteria, if any): 1. Approach to Project 35% The Proposer shall prepare a brief statement as to their intention to address:
A. The Project Scope of Work
B. The Project Schedule 2. List of Similar Work 25% The Proposer shall submit examples of projects of similar size and scope,
specifically with local governments when available.
3. Estimated Cost of Services, including Reimbursable Expenses 25% A. The Proposer shall list all costs assumed necessary to successfully complete and/or deliver the provided scope of work, services,
and/or goods, including, but not necessarily limited to:
i. Labor and material expenses ii. Reimbursable expenses for mileage and/or administrative services
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
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iii. Miscellaneous expenses B. The Proposer shall provide a list of standard fees/rates and material markup rates to include with the Contract for any
additional services or goods that may not be covered in the awarded Contract; billable only as incurred and as agreed upon in advance by mutual signing of a change order. 4. References 15%
The Proposer shall provide a list, including contact name and information, of references/prior clients, especially local, state and federal government. D. SELECTION COMMITTEE
Communications between Proposer and any member of the selection committee during the selection process, except when and in the manner expressly authorized by the Request for Proposals, is prohibited. Violation of this restriction is grounds for disqualification from the process. Voting Members of the Selection Committee: Nonvoting counsel to the Selection Committee: -Romany Iacono, Public Works -Scott Mattice, Road & Bridge -Brian Pettet, Public Works
Director
-County Attorney -County Procurement
E. SAMPLE CONTRACT A sample of the Pitkin County Contract for the Provision of Services is included
as Attachment A. The Proposer must present any exceptions to the standard
contract language, if any, with their proposal, included as a separate document. If changes are not requested at the time of proposal submission, the County shall consider that terms and conditions are accepted by proposer. Requests for Contract alterations, modifications, additions, or deletions will not be entertained
following proposal submission. Submittal of contract change requests is for
County’s information only and will not be reviewed until selection committee scoring and vendor selection has been completed; contract language change requests will not disqualify any proposer or be evaluated for partiality. This opportunity is offered so proposers may familiarize themselves with standard
County terms and requirements, and change requests that are submitted at the
time of proposal allow the County to expedite the consideration of such requests during the award process so as to avoid delays in contracting. As mentioned in Section IV.A, proposers should not include any information
specific to their proposed approach, pricing, delivery schedule, etc. when
submitting language change requests as this information will not be reviewed prior to final selection of a top-ranked proposer. Failure of proposer to review and abide by this guidance and any lack of conveyance of such information to the
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
12
selection committee shall be construed as an error on the behalf of the proposer and not on behalf of the County or the selection committee.
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
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PROPOSAL FORM
Proposal Time: 2:00 PM MT Proposal Date: November 4, 2022 From:
Phone E-mail Address: To: THE PITKIN COUNTY BOARD OF COMMISSIONERS
c/o Procurement 530 E Main Street, Suite #304 Aspen, CO 81611 For: RFP 258.22: Pitkin County Noxious Weed Management & Treatment
Services Pursuant to a request by the Pitkin County Commissioners, the undersigned Proposer having examined this Request for Proposals (RFP), including familiarization of the site and/or the conditions of the proposed Service environment, including the availability of
materials and labor hereby proposes to furnish all labor, materials, supplies, applicable permits, services, and supervision required to provide a completed product as detailed in this RFP and adjoining documentation for the sum of:
$___________________________________________ Fee Schedule(s) for this project and any applicable work that may not have been included in the Scope of Work but may be necessary for successful completion must be included in
the proposal documents.
Approach, Qualifications, and References may be submitted on your own proposal form; please indicate “In attached documents” for any items omitted herein. A completed proposal form including, at minimum, acknowledgement of all addenda and
signature/corporate seal is required for proposals to be considered responsive.
Thirty-eight thousand sixty-five dollars
ecorightsolutions@yahoo.com
970 963-7357
Eco-Right Solutions
James Lewis
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
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Statement and Detailed Approach to Service:
Qualifications of Proposer: Please insert names address, phone numbers and description of similar Service for
Reference Checks. 1.
2.
3.
It is further understood that the right is reserved by the County to reject any and all
proposals and it is agreed that the proposals may not be withdrawn for a period of ten (10) days from specified time for receiving proposals. The Proposer acknowledges receipt of Addenda Nos. .
The right is reserved to waive any informalities and to reject any Proposal. (Type/Print name under all signatures)
Dated this day of , 2022
(Corporate seal) PROPOSER:
SIGNATURES: If the proposal is being submitted by a Corporation, the Proposal Form should be signed by an officer, i.e. President or vice-president. The signature of the
officer signing shall be attested to by the secretary and properly sealed. If the proposal is
being submitted by an individual or a partnership, the proposal shall so indicate and be properly signed.
See attachment
See attachment
Eco-Right Solutions
James Lewis
November2
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
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INSTRUCTIONS TO PROPOSERS FOR PITKIN COUNTY CONTRACTS
1. a. A "Proposal" is a responsive, conforming, unconditional, complete, legible and properly executed offer on the Pitkin County Proposal Form to do the work called for
in the Request for Proposals (“RFP”). b. Proposals must be submitted electronically in PDF format and submitted at the time
and place designated in the RFP. Electronic submissions must be clearly marked as a "sealed proposal" with the Service name and the name, contact person, mailing address and telephone number of the Proposer. The County reserves the right to request verification of any original or electronic signature at any time before issuing a Notice of Award. c. It shall be the responsibility of the Proposer to ensure that the Proposal is in proper form and in the County's possession by or before the scheduled time and date of public
Proposal opening. Proposals will not be accepted after the scheduled time and date of opening. Any Proposals received late will be returned to the Proposer unopened, if possible. In the event that it is impossible to determine who the late Proposer is unless
the envelope is opened, the envelope will be opened, the address determined, and the envelope and Proposal returned immediately to the Proposer.
d. If specified in the Request for Proposals, parties who request packages of proposal documents will be required to pay a fee for the document package. All parties who request packages must provide the name of the potential Proposer, along with the
name of a contact person, address, telephone number, and email address for the purpose of dissemination of Addenda or additional proposal information.
e. If a mistake is made or discovered at or after the public opening, the County reserves the right to determine which party made the mistake and whether the mistake is material and, after these determinations, the County, in its sole discretion, shall make the decision whether to accept or reject the Proposal. No advantage shall be taken by either party of manifest clerical errors or omissions in the Proposal documents or the Request for Proposals (and plans and specifications). All Proposers are required to notify the County immediately of any errors of omissions that may be encountered. (See 2.a. and 2.c., below).
f. The signer of the Proposal must initial any alteration or erasure. If provided on the required Proposal Form, the proposal price of each item must be stated in numerals
and words; in case of a conflict, the words will control. In case of conflict between the indicated sum of any addition of figures and the correct sum, the correct sum will control.
g. No reimbursement will be made by the County for any costs incurred in the preparation of a statement of qualifications, Proposals, or attendance at a site
inspection, pre-bid conference or interviews. h. No person, firm, corporation or other entity shall be allowed to make, file or be
interested in more than one Proposal for the same work, unless alternate proposals are called for. A person, firm, corporation or other entity who has submitted a sub-proposal to Proposer, or who has quoted prices on materials to a Proposer, is not
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
16
hereby disqualified from submitting a sub-proposal or quoting prices to other Proposers.
2. a. If any person contemplating submitting a Proposal is in doubt as to the true meaning of any part of the Drawings, Specifications or other Proposal or Contract Documents,
or finds discrepancies, errors, ambiguities, inconsistencies, incompleteness or omissions in the Drawings or Specifications or the proposal process, he/she must submit to the Procurement Officer a written request for an amplification, clarification,
explanation, interpretation or correction thereof. Failure to do so shall constitute: (1) acceptance by the Proposer of the Drawings, Specifications or other Proposal or Contract Documents as is, and (2) a waiver by the Proposer of any and all claims arising, or that might arise, out of such discrepancies, errors, ambiguities, inconsistencies, incompleteness or omissions. b. Proposers may propose substitute materials or techniques if such substitution is equal to or better than the materials or techniques described in the RFP and if the substitution
has been submitted in writing at least ten (10) days prior to the public Proposal opening. The burden of proof of equality or superior quality is on the Proposer. If accepted as equal by the County in its discretion, the substitute will be designated as
an alternative on a formal addendum available to all Proposers three (3) days prior to the deadline for Proposal submission, when possible. If approval of any substitute materials and/or processes has not been provided by County prior to the deadline for
proposal submission, proposers may elect to submit an alternate bid with separate pricing and rationalization for the alternate materials and/or approach. County, at its sole discretion, will determine if the alternate meets the needs of the respective project.
c. Any amplification, clarification, explanation, interpretation or correction of the documents will be made only by written Addendum duly issued and a copy of the
Addendum will be mailed or delivered to each person receiving a set of the Proposal Documents. Delivery, as used in these Instructions, shall include electronic delivery through e-mail, facsimile, web-posting or other electronic means. Neither the County nor the Procurement Officer will be responsible for any information, representations, explanations or interpretations of the Contract Documents not in written addenda. d. The County reserves the right to call a pre-proposal conference; if called and conducted, a summary of the pre-proposal conference will be mailed or electronically
delivered to all parties receiving a set of Proposal documents. e. On request, the County will provide each Proposer access to the site to conduct, at
Proposer's sole cost, such inspections, tests and investigations as each Proposer deems necessary for submission of a Proposal. No information provided by County representatives at such a site inspection shall be deemed a waiver of the requirements
of 2.a. and 2.c., above. f. Any Addenda issued during the time of the Proposal process, or forming a part of the
Proposal Documents, shall be covered in the Proposal, and shall be considered a part of the RFP. Receipt of each Addendum shall be acknowledged in the Proposal.
g. If specified in the RFP, a request for qualifications may precede the RFP process.
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
17
3. a. Each Proposal, if required by the Proposal Documents, shall be accompanied by a certified check or bid bond in a form acceptable to the County Attorney, in an amount
specified, payable without condition to the County as a guarantee that the Proposer, if awarded the Contract, will promptly execute the Agreement in accordance with the Proposal, and will furnish, if required by the Proposal, good and sufficient bonds for
the faithful performance of the Contract and for the payment to all persons supplying labor and material for the work (see 10.a., below). The Proposal guaranties of all parties except the three highest scoring Proposals will be returned promptly after the opening
of Proposals. After execution of the Contract and issuance of a Notice to Proceed, the remaining two Proposers’ guaranties will be returned. b. Proposer also, if required by the Proposal Documents, will fully complete and submit with the Proposal a Pitkin County Qualification Statement, or an updated Statement if one is already on file. Pitkin County reserves the right to pre-qualify Proposers based on said qualification statements.
c. Proposer also must submit with the Proposal a list of subcontractors, independent contractors and suppliers to be employed under the Contract. If the County has a reasonable objection to any such subcontractor, independent contractor or supplier, it
shall notify the Proposer and the Proposer may then: (a) withdraw the Proposal; or (b) substitute an acceptable contractor or supplier. If required by the Contract Documents, subcontractors, independent contractors and/or suppliers may be required to submit a
Contractor's Qualification Statement. d. Proposals by corporations must be executed in the corporate name by the president or
a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the
signature. e. Proposals by partnerships or limited liability companies (“LLC”) must be executed in the partnership or LLC name and signed by a partner, authorized LLC officer, whose title must appear under the signature and the official address of the partnership or LLC must be shown below the signature. The state in which the entity was formed and whose law governs the entity shall be shown below the signature.
f. All names must be typed or printed below the signature. 4. a. Proposer acknowledges that this proposal is solicited and submitted subject to the
requirements of the "Pitkin County Procurement Code," (Ordinance #009-2021, as previously amended by Ordinances #026-2005 & #03-2007 (copies available via the PitkinCounty website at https://pitkincounty.com/DocumentCenter/View/27059/title-
03-revenue-and-finance or upon request for a nominal charge). As such, the Proposer agrees to comply with all applicable requirements of said Procurement Code relating to proposing, contract drafting, contract administration, and ethics. The requirements
of the Procurement Code are incorporated herein by this reference. b. The Proposer shall immediately notify the County Manager in writing of any violation of said Code by the County's employees or agents, which violation is known or should have been known by Proposer, and failure to so notify the County of violations within five (5) days of knowledge of such violations shall disqualify the Proposer from award
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
18
of the Contract being proposed and shall be deemed as a waiver of any action or defense that the Proposer may have against the County by reason of such violation of
the Procurement Code. c. The submission of a Proposal shall be conclusive evidence and legal admission that
the Proposer: (1) has no questions, complaints or objections in connection with the Proposal process and/or documents, subject to any requests made by Proposer for amplification, clarification, explanation, interpretation or correction pursuant to
Paragraph 2.a. and 2.c., above; (2) has no questions, complaints or objections as to the completeness, sufficiency, scope or detail of the Proposal Documents; and (3) has full knowledge of the scope, nature, quality and quantity of work to be performed, the detailed requirements of the Proposal Documents including any and all contract documents, the plans and specifications, the site and conditions under which the work is to be performed, the Pitkin County Procurement Code and applicable Colorado law. 5. a. All Proposals will be opened and read in public by name of Proposer only. No
Proposals may be withdrawn after the beginning of the public opening. The County, in its sole discretion, may delay a Proposal opening for no longer than two (2) business days if weather or other circumstances beyond control of Proposers results in delay in
receipt of Proposals. Proposals may be withdrawn at any time prior to the beginning of the public opening or modified by a document executed and delivered in a form substantially similar to the Proposal Form prior to opening.
b. All Proposals submitted must be valid for a minimum period of sixty (60) days after the date of the Proposal opening. During this time, Proposers are investigated, and
Proposals are evaluated. 6. a. Proposals will be awarded to the highest scoring Proposer complying with the terms,
conditions, guidelines, selection criteria, plans and specifications presented in the Request For Proposals. All rights are reserved by the County to determine, in the County's sole reasonable discretion, whether the Proposal meets the needs or a purpose intended and is within the budget. b. Although price may be a major consideration in the selection of a Proposal, the County does not award on price alone. The County may also consider the quality of product as judged by the County; past experience with Proposers, subcontractors, independent
contractors, products or suppliers; qualifications of the Proposers and/or subcontractors, independent contractors or suppliers; services offered; warranties; maintenance considerations; long-range costs; delivery; and similar considerations,
all as specified in detail in the RFP. c. The County reserves the absolute right to conduct such investigations as it deems
necessary to assist in the evaluation of any Proposal and to establish the experience, responsibility, reliability, references, reputation, business ethics, history, qualifications and financial ability of the Proposers and proposed subcontractors,
independent contractors and suppliers. The purpose of such investigation is to satisfy the County that the Proposer has the experience, resources and commercial reputation necessary to perform the work and support any warranties in accordance with the
Contract Documents in the prescribed manner and time.
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
19
d. The County, at its sole discretion, may require the apparent successful Proposer to demonstrate, at a place and time designated by the County, that the Proposal meets
the performance criteria specified, or to otherwise provide documented proof from independent reliable sources acceptable to the County that said performance criteria will be met prior to final acceptance of the Proposal. The burden of proof of such a
demonstration is on the Proposer. In the event that the apparent successful Proposer fails to demonstrate or provide acceptable proof of meeting required performance criteria, that proposal will be rejected and the next eligible Proposer in the selection
ranking will be invited to participate in the same process until a proposal meeting performance criteria is found within the ranking of eligible Proposers. The County reserves the rights to reject any or all Proposals or to otherwise accept the Proposal which in the County's sole discretion is in the best interest of the County. e. Pitkin County reserves the right, if it deems such action to be in the best interests of the County, to reject any and all Proposals or to waive any irregularities or informalities therein. Any incomplete, conclusory, false or misleading information
provided by Proposer shall be grounds for rejection of the proposal. If proposals are rejected, the County further reserves the right to investigate and accept the next best proposal in order of ranking or to reject all proposals and re-solicit for additional pro-
posals. f. Any questions or disputes involving the documents or procedures not covered by these
Instructions or other Proposal Documents shall be resolved by the Procurement Officer on the basis of fairness, custom in the industry, maximization of competition and best interests and convenience of the County.
7. Issuance of Notice of Award, execution of Contract Documents and issuance of a Notice to Proceed shall be as specified in the Contract Documents and in accordance with the Pitkin
County Procurement Code. County standard practice is to first notice the top-ranked proposer and enter into a final contract agreement prior to notifying unsuccessful bidders. Non-awarded bidders will be notified of the County’s decision and shall be offered an optional debrief conversation of the bidding and evaluation process; debrief conversations may be offered prior to contract signing but, in most cases, will not be scheduled until a contract has been finalized. 8. Contracts will be executed on standard Pitkin County Contract documents and/or by separate
agreement with the Proposer. Copies of any applicable standard forms are included with the Proposal Documents. The County reserves the right to negotiate with the Proposer for contract terms not specified in the Proposing Documents. Any changes from the Pitkin
County standard form contract may result in a delay in the issuance of a Notice to Proceed in order to obtain any necessary County Attorney review of changes from the standard form. Proposer agrees that any such delays shall not be grounds for either additional compensation
or an extension of time to complete the work that is the subject of the Proposal. 9. If any contract awarded as a result of a Proposal extends beyond the calendar year, nothing
herein shall be construed as an obligation by the County beyond any amounts that may be, from time to time, appropriated by the County on an annual basis. It is understood that payment under any Contract is conditional upon annual or supplemental statutory
appropriation of funds by said governing body and that before providing services, the Proposer, if he/she so requests, will be advised as to the status of funds appropriated for
RFP 258.22 Rev. 2021.10.11 CDD Budget Line Item #: Various
20
services or materials and shall not be obligated to provide services or materials for which funds have not been appropriated.
ecorightsolutions@yahoo.com
PITKIN COUNTY RFP
Noxious Weed Management and treatment
NOVENMBER 1 2022
ECO-RIGHT SOLUTIONS
167 Redstone Blvd Redstone CO 81623
Page 1
Pitkin County 2022 Noxious Weed Management Services Bid
Statement and Detailed Approach to Project:
If awarded this contract, Eco-Right Solutions will perform operations as it has in past years,
apart from always moving forward with the latest technology, whether it’s a more effective herbicide combination to the latest programs in noxious weed management mapping services. Most Right of Way applications will begin soon after sunrise. These times ensure lighter traffic
counts along with cooler temps and less wind, in turn increasing plant mortality.
Our R-O-W truck is equipped with a 150-gallon dual reel intelli spray equipment. We use a program called Map-it-Fast (popular within Government entities) for R-O-W mapping. This system uses flow meters to make a point anytime herbicide is dispersed from the gun. It also has
the capability to map rare/new species of weeds along with heavily weed infested private
properties. Trucks are equipped with the necessary signage, lights, and beacons, to perform the job safely. We also carry Department of Agriculture handouts along with herbicide labels and MSDS data, available on request.
Our operators are experienced with all vegetation types around the county. We’re also aware of
no spray areas, even if not marked. We report any new or growing plant infestations visible in our daily operations. I.e., Russian thistle populations germination in newly laid road base, on County R-O-W’s.
Proposed Project Timeline: I (Jim Lewis) will provide bi-weekly scheduling prior to R-O-W spraying, with updates on any setbacks from rain or wind. The GPS mapping used can provide real time monitoring, if needed. In the case of a concerned citizen asking if we have sprayed a specific area or road.
Work will be performed within the timeline of this RFP. Every noxious weed season is different. We will monitor noxious weeds on a daily basis to determine optimal timing. The first road-side applications will begin usually in mid-May (dependent on plants stage of development) Starting
167 Redstone Blvd Redstone, CO 81623 (970) 963-7357
Page 2
with R-O-W’s in lower elevations, such as Thompson divide roads, working upward in elevation. All spraying will take place within the proper timeframe of optimal vegetative mortality and before seedset.
Valid complaints/Missed areas, on Pitkin County R-O-W’s or County parcels will be assessed, and if valid, treated or re-treated within a one-week period. Start and Completion dates for Scope of Work #1: Begin mid-May, finish mid-July with frying
pan roads usually done last. Start and Completion dates for Addition #1: Begin Mid July, Finish late August/early September. Start and Completion dates for Select General fund properties: Begin late June, Finish by late July (unless ample amounts of perennials are found, then finish late August). List of similar work: Pitkin County Noxious weed contractor 2010-2022 Garfield County Noxious weed contractor 2012-Present
City of Aspen Noxious weed contractor 2008-Present Gunnison County noxious weed contractor 2015-Present Town of Glenwood Springs noxious weed contractor 2015-present BLM noxious weed contractor 2015-present USFS noxious weed contractor 2014-present
CDOT noxious weed contractor 2014-present Town of Basalt noxious weed contractor 2011-present
Proposed Payment Schedule:
Compensation for services rendered will be turned in twice a season once roads are completed. Roadside billing will be assessed at $85.00 per/mile (including both sides). Other pertinent facts: NPDES
Eco-Right Solutions is knowledgeable of The National Pollution Discharge Elimination System
(NPDES) regulations and can ensure all proper paperwork and steps are taken to comply with Colorado Department of Public Health (CDPH) guidelines
Herbicides to be used:
Milestone/Escort mixes with Adjuvant and blue dye will be the primary used mixture in most spraying procedures, unless the label prohibits such treatment for the site, or if plant is not susceptible to the mixture. We carry backpack sprayers with different mixtures in the rare occasion of encountering a plant that is not susceptible to death with the current truck mixture.
We usually mix for what vegetation is known in a particular area or roadside.
Page 3
Qualifications of Proposer: As a former Pitkin County Land Manager and Road and Bridge operator; myself and my coworker of 10 years are familiar with County roads and noxious vegetation locations. We’ve
been providing noxious weed management services in the Roaring fork Valley for a combined half century. City of Aspen 2007-Present: Perform integrated weed management practices on City of Aspen properties and Open Space, including roadside and trail spraying. Town of Basalt 2007-Present: Spray and manage roadside R-O-W’s, enforcement of properties, and General fund properties. Pitkin County Airport 2008-Present: Integrated Weed Management practices Garfield County 2010-Present: Integrated weed management practices Gunnison County 2014-Present: Integrated weed management practices Bureau of land Management 2014-Present: Integrated weed management practices White River Nations Forest: 2015-Present: Perform integrated weed management practices Licensing: Colorado Department of Agriculture licensing number 907
Q.S. Industrial Right-of-Way Q.S. Range Q.S. Turf C.O. Aquatic Qualifications of Personal: Licensing: Colorado Department of Agriculture licensing number 30168 C.O. Industrial Right-of-Way C.O. Range
C.O. Turf All personnel are trained and experienced within Colorado Department of Agriculture (CDA) guidelines. Applicators are familiar with weeds and road locations. All employees are knowledgeable with the Pitkin County Weed Management Plan and can be helpful resources
when helping with public education (i.e., all applicators can answer the question of why and
what we are doing). Availability: Eco-Right Solutions is available seven days a week, from dusk to dawn. We’ll also field any
questions and/or concerns from county citizens 9-5 Monday through Saturday.
Sincerely
Jim Lewis
Page 4
Estimated cost of services
a. Base Scope #1. Projected hrs. 95 Total Miles: 178.21 $85/mile Total: $15,147.85 Herbicide, adjuvant and dye estimated cost: $2000 Fuel cost: 1,800 Insured truck and equipment: $5000
Labor and misc. expenses: $6,334 b. Addition #1. Projected hrs. 60
Total Miles: 115.5 $85/mile Total: $9,817.50 Herbicide, adjuvant and dye estimated cost: $1,500
Fuel cost: $1,200 Insured truck and equipment: $3,200 Labor and misc. expenses: $4,100
c. Select Pitkin County General Fund Properties: Projected hours: 25 60 Acres total
$50/Acre Total: $3,900 Herbicide, adjuvant and dye estimated cost: $500 Fuel cost: $200
Insured truck and equipment: $1,200
Labor and misc. expenses: $2000 d. Highway 82 MM 14-61 (Both sides and Medians) Highway 133 MM43-65 (Both sides and Medians) Total: $10,000 Herbicide, adjuvant and dye estimated cost: $2000 Fuel cost: $1,500
Insured truck and equipment: $2000 Labor and misc. expenses: $4,500
Page 5
Total: $38,865 Thirty-eight Thousand eight hundred and sixty-five dollars
• Because water being a limited resource once in the Aspen area, and the per cost fee of $25 to
fill at the city of Aspen pump station, I’d be willing to drop the total cost of services by $3000.00 for use of the Pitkin County water station for Pitkin County, USFS, and CDOT use projects. This total water estimate is around 6,000 gallons. This would also benefit the environment by reducing emissions while inline idling in traffic for City parks water (which we currently
use).
Page 6
References:
Steve Anthony: Garfield County Weed Manager P.O. box 426 Rifle, CO 81650 (970) 625-8601 David Coon: City of Aspen Forester 532 Cemetery Ln. Aspen, CO 81611 (970) 920-5120 Tim Holbrook CDOT Patrol 16 Supervisor 2044 Hwy-133 Carbondale, CO (970) 379-1001
Trevor Leland Town of Basalt Parks Supervisor (970)279-4394 Jonathan Rose DHM design 225 Main St #201 Carbondale CO 81623 (616) 446-4456
Bill Fales Local Rancher, President Cattlemen’s Assoc. 4293 Hwy-133 Carbondale CO 81623 (970) 618-1325
Certificate Of Completion
Envelope Id: 34E6041CE1FA4D3D9DFFA23C0A93BFC0 Status: Completed
Subject: Eco-Right Solutions | Pitkin County Contract 258.22 for Review and Signature
Source Envelope:
Document Pages: 77 Signatures: 6 Envelope Originator:
Certificate Pages: 5 Initials: 0 Pitkin County Procurement
AutoNav: Enabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
530 East Main Street
Suite 203
Aspen, CO 81611
Procurement@PitkinCounty.com
IP Address: 216.237.91.144
Record Tracking
Status: Original
4/19/2023 9:05:19 AM
Holder: Pitkin County Procurement
Procurement@PitkinCounty.com
Location: DocuSign
Signer Events Signature Timestamp
Romany Iacono
romany.iacono@pitkincounty.com
PW/Land Manager
Pitkin County
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 65.38.144.66
Sent: 4/19/2023 9:26:57 AM
Resent: 5/24/2023 3:42:48 PM
Resent: 5/24/2023 3:58:35 PM
Viewed: 5/24/2023 4:13:19 PM
Signed: 5/24/2023 4:14:19 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Greg Boyd
greg.boyd@aspenairport.com
Airport Facilities Manager
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 65.38.144.66
Sent: 5/24/2023 4:14:21 PM
Viewed: 5/24/2023 4:25:28 PM
Signed: 5/24/2023 4:26:08 PM
Electronic Record and Signature Disclosure:
Accepted: 1/6/2021 6:23:48 PM
ID: 069873a8-48e7-4d5a-b430-624b4c021f8c
Company Name: Pitkin County, Colorado
JIM LEWIS
ecorightsolutions@yahoo.com
member/mgr.
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.145.72.26
Signed using mobile
Sent: 5/24/2023 4:26:10 PM
Viewed: 5/25/2023 7:16:37 AM
Signed: 5/25/2023 7:17:39 AM
Electronic Record and Signature Disclosure:
Accepted: 5/25/2023 7:16:37 AM
ID: 4fa4b80a-b33e-421b-9769-3c8d60452799
Company Name: Pitkin County, Colorado
Phylis Mattice
phylis.mattice@pitkincounty.com
Deputy County Manager
Signing Group: County Manager Group
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.234.2.253
Signed using mobile
Sent: 5/25/2023 7:17:41 AM
Viewed: 5/25/2023 7:42:21 AM
Signed: 5/25/2023 7:42:55 AM
Electronic Record and Signature Disclosure:
Signer Events Signature Timestamp
Accepted: 5/25/2023 8:53:39 AM
ID: 4ec76fbf-36da-434e-86c5-10a2fd59cc41
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
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Pitkin County Procurement
procurement@pitkincounty.com
Procurement Specialist
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 5/25/2023 7:42:57 AM
Resent: 5/25/2023 7:43:04 AM
Viewed: 5/30/2023 9:44:21 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Accounts Payable
AP@pitkincounty.com
Accounts Payable
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 5/25/2023 7:42:58 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
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Envelope Updated Security Checked 5/24/2023 3:42:17 PM
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Certified Delivered Security Checked 5/25/2023 7:42:21 AM
Signing Complete Security Checked 5/25/2023 7:42:55 AM
Completed Security Checked 5/25/2023 7:42:58 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide
you with certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically when we send you documents for
electronic signature.
Acknowledging your Access, Intent, and Consent to Receive and Sign Materials
Electronically
To confirm that you can access this information electronically, which will be similar to other
electronic notices and disclosures that we will provide to you, please verify that you were able to
read this electronic disclosure and that you also were able to print on paper or electronically save
this page for your future reference and access or that you were able to e-mail this disclosure and
consent to an address where you will be able to print on paper or save it for your future reference
and access. Further, if you consent to receive notices and disclosures exclusively in electronic
format on the terms and conditions described above, please let us know by clicking the 'I agree'
button below.
By checking the 'I Agree' box, I confirm that:
I am establishing my intent to be bound to the transaction, and indicating that I am fully
aware of the purpose for which the signature is being provided.
I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
Until or unless I notify Pitkin County as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgments, and other documents that are required to be provided or made
available to me by Pitkin County during the course of my relationship with you.
Signing Documents without a Pitkin County DocuSign Account:
Pitkin County may not require all document signers to be authorized users of the Pitkin County
DocuSign Account. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to these terms and
conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this
document. When you don't have a DocuSign account, you will be provided the opportunity to
agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can
download and retain this disclosure. Pitkin County will forward completed documents that
you've reviewed, processed or signed via email. Should you require copies of these signed
documents (e.g., if they get deleted from your email account) you should request those
documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin
County custodian who sent you the document for signature.
Signing Documents with a Pitkin County DocuSign Account:
Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM
Parties agreed to: Greg Boyd, JIM LEWIS, Phylis Mattice
Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to these terms and conditions, please
confirm your agreement by clicking the 'I agree' button at the bottom of this document.
Getting paper or electronic copies
At any time, you may request from us a paper or electronic copy of any record provided or made
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documents are first sent to you. After such time, if you wish for us to send you paper or
electronic copies of any such documents from our office to you, you may be charged a per-page
fee. You may request delivery of such paper or electronic copies from us by following the
procedure described below.
Withdrawing your consent
If you are an authorized DocuSign Account holder, you can decide to receive notices and
disclosures from us electronically, you may at any time change your mind and tell us that
thereafter you want to receive required notices and disclosures only in paper format. Described
below is the process for informing us of your decision to receive future notices and disclosure in
paper format and also how to withdraw your consent to receive notices and disclosures
electronically.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign user account to receive required notices and consents electronically from us or to sign
electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgments, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Pitkin County:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to Helpdesk@provelocity.com
To advise Pitkin County of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at Helpdesk@provelocity.com and
in the body of such request you must state: your previous e-mail address, your new e-mail
address .
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper or electronic copies from Pitkin County
To request delivery from us of paper or electronic copies of the notices and disclosures
previously provided by us to you electronically, you should request those documents from Pitkin
County under the Colorado Open Records Act by contacting the Pitkin County custodian who
sent you the document for signature.
To withdraw your consent with Pitkin County
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to Helpdesk@provelocity.com and in the body of such a request, you
must state your e-mail, full name, Postal Address, telephone number, and account
number.