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HomeMy WebLinkAboutbocc.con.085.238/30/2021 CDD Contract Information Contract Number Project Name Contractor Budget Line Item 11836360.531000 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 Liza Mitchell County Representative Phone (970) 429-2796 Provide a brief description of the Contract or Change Order: Contract Value Summary: $ 119,970.00 $ - $ - $ 119,970.00 085.23 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 No 2023 Open Space Mechanical Vegetation Treatment Western Vegetation Management, Inc. $ 119,970.00 Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ 119,970.00 Formal Services/Maintenance 5/19/2023 12/31/2023 New Contract Open Space & Trails Contract to provide vegetation treatment at Filoha Meadows and Sky Mountain Park Open Space areas. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount Contract Total Bid # 085.23 Rev. 2018-10-10 btf Budget Line Item # 11836360.531000 NOTICE OF AWARD Date: May 16, 2023 To: Western Vegetation Management, Inc. Mike Uncapher, President PO Box 2053 Carbondale, CO 81623 RE: RFP 085.23 - 2023 Open Space Mechanical Vegetation Treatment The County, having duly considered the Proposal submitted on May 5, 2023 for the work or purchase covered by the Contract Document titled RFP 085.23 - 2023 Open Space Mechanical Vegetation Treatment in the amount of One Hundred Nineteen Thousand Nine Hundred Seventy dollars and Zero cents ($119,970.00), 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 May-16-2023 Procurement Specialist Pitkin County Procurement Mike Uncapher President May-16-2023 Contract # 085.23 Revision: 2018-06-13 btf Budget Line Item # 11836360.531000 1 PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT, made May 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 Western Vegetation Management, Inc., PO Box 2053, Carbondale, CO 81623 (hereinafter called the “Contractor”) to perform the following work: 2023 Open Space Mechanical Vegetation Treatment (“Project”). I. Term of Contract: The term of this Contract is from May 19, 2023 to December 31, 2023. II. Contractor’s Obligations. Contractor shall provide the mechanical vegetation treatment services described in the attached County RFP # 085.23 documents (“Attachment A”) and the Contractor Proposal (“Attachment B”) at the Filoha Meadows and Sky Mountain Park Open Space locations. 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 One Hundred Nineteen Thousand Nine Hundred Seventy dollars and Zero cents ($119,970.00) 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 Contract # 085.23 Revision: 2018-06-13 btf Budget Line Item # 11836360.531000 2 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. Liza Mitchell, Natural Resource Planner & Ecologist will manage the project as the County’s Representative. In the event that Liza Mitchell is not available, an alternate representative will be designated who 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. Contract # 085.23 Revision: 2018-06-13 btf Budget Line Item # 11836360.531000 3 VIII. Assignability. This Contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this Contract must be accepted in writing by the County. IX. Severability. In the event that any provision of this Contract shall be held to be invalid or unenforceable, the remaining provisions of this Contract shall remain valid and binding upon the parties hereto. X. Integration and Modification. A. This Contract represents the entire and integrated Contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oral. This Contract may be amended only by written contract signed by both the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor’s compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this Contract. XI. Indemnity. A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this Contract of indemnity applies. In consideration of the award of this Contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto 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. Contract # 085.23 Revision: 2018-06-13 btf Budget Line Item # 11836360.531000 4 XII. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The policies shall include, or be endorsed to include, the following provision: On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits of liability requirements provided that the coverage is written on a “following form” basis. 1) Statutory Workers’ Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. b. This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers’ Compensation Act AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers’ Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 2) Commercial General Liability – ISO 1CG 0001 form or equivalent. (With County named as an additional insured) Minimum Limits: General Aggregate $ 2,000,000 Contract # 085.23 Revision: 2018-06-13 btf Budget Line Item # 11836360.531000 5 Products/Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 Coverage to include: • Premises and Operations • Explosions, Collapse and Underground Hazards • Personal / Advertising Injury • Products / Completed Operations • Liability assumed under an Insured Contract (including defense costs assumed under contract) • Independent Contractors • Designated Construction Project(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent) • The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: “County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations”. 3) Auto Liability: Bodily injury and property damage for any owned, hired and non-owned vehicles used in the performance of this Contract. Minimum Limits: Statutory Coverage Bodily/Property Damage (Each Accident) $ 1,000,000 4) Special Coverages (check as appropriate and insert amount): a. ☐ 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 Contract # 085.23 Revision: 2018-06-13 btf Budget Line Item # 11836360.531000 6 i. ☐ Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1) Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be emailed directly to Procurement@pitkincounty.com. If the insurance carrier will not provide the required notice, the Consultant/Contractor and or its insurance broker shall notify the County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurers’ notification to that effect. Simultaneously with the Certificates of Insurance, the Contractor shall file with the Project Lead a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. 2) In addition, these Certificates of Insurance shall contain the following clauses: a. The contractor’s insurance shall be primary and non-contributory with any insurance or self-insurance purchased by the County. b. The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. c. Any and all deductibles or self-insured retentions in the above- described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. d. Location of operations shall be: “all operations and locations at which work for the referenced Project is being done.” 3) Certificates of Insurance for all renewal policies shall be delivered to the County’s Representative at least fifteen (15) days prior to a policy’s expiration date except for any policy expiring on the expiration date of this Contract or thereafter. 4) The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this Contract. XIII. Exemptions and Preferences. All purchases of construction or building or any other materials for this Contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5k. Contract # 085.23 Revision: 2018-06-13 btf Budget Line Item # 11836360.531000 7 XIV. Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this Contract for a period of three (3) years after final payment under the Contract and the County shall have the right within the three (3) year period to inspect and audit these books, records and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the Contract and applicable law. XV. Contract Made in Colorado. The parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. XVI. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney’s fees. XVII. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this Contract, the monetary limitations or terms (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this Contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. XVIII. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County’s obligations under this Contract are subject to Pitkin County’s annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the Contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the Contract shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This Contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County’s then current fiscal year. No provisions of this Contract shall be construed to pledge or create a lien on any class or source of Pitkin County’s moneys, nor shall any provision of this Contract restrict the future issuance of Pitkin County’s bonds or any obligations payable from any class or source of Pitkin County’s money. Contract # 085.23 Revision: 2018-06-13 btf Budget Line Item # 11836360.531000 8 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 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: Liza Mitchell 530 E. Main Street Aspen, CO 81611 Email: liza.mitchell@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: Western Vegetation Management, Inc. PO Box 2053 Carbondale, CO 81623 Phone: (970) 618-2567 Email: muncapher@hotmail.com Contract # 085.23 Revision: 2018-06-13 btf Budget Line Item # 11836360.531000 9 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. WESTERN VEGETATION MANAGEMENT, INC. ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date MANAGER APPROVAL: ________________________________________________ !#COUNTY MANAGER#! Date Pitkin County Open Space & Trails Natural Resource Planner/Ecologist Liza Mitchell May-24-2023 Mike Uncapher President May-25-2023 Deputy County Manager May-25-2023 Rich Englehart RFP 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 1 PUBLIC NOTICE Pitkin County is accepting proposals to provide 2023 OPEN SPACE MECHANICAL VEGETATION TREATMENT. 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 April 21, 2023. 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 May 5, 2023. Published in the Aspen Daily News: 4/11/23 and 4/18/23. Attachment A RFP 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 2 PITKIN COUNTY 2023 OPEN SPACE MECHANICAL VEGETATION TREATMENT Table of Contents REQUEST FOR PROPOSAL I. INTRODUCTION 3 II. COUNTY BACKGROUND 3 III. SCOPE OF WORK 4 A. PROJECT OVERVIEW 4 B. SCOPE OF WORK 4 C. ADDITIONAL INFORMATION 9 IV. SELECTION PROCESS 9 A. SUBMITTALS 9 B. TIME SCHEDULE 11 C. EVALUATION CRITERIA AND WEIGHING 11 D. SELECTION COMMITTEE 12 E. CONTRACT 13 PROPOSAL FORM 14 INSTRUCTIONS TO PROPOSERS 16 RFP 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 3 REQUEST FOR PROPOSALS 2023 OPEN SPACE MECHANICAL VEGETATION TREATMENT GENERAL INFORMATION TO PROPOSERS ISSUED: March 31, 2023 DUE: May 5, 2023 by no later than 2:00 PM MT I. INTRODUCTION Pitkin County (hereinafter called the “County”) is qualifying interested parties for the provision of mechanical vegetation treatment services during the late summer and early fall of 2023 at the Pitkin County Filoha Meadows Open Space, located two miles north of Redstone, CO (see Attachment A), and the Pitkin County Sky Mountain Park Open Space, located approximately 14 miles north of Aspen, CO (see Attachment B). The County will award one contract for the term of the Project. 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. Collaboration: We work together as employees and with citizens and other RFP 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 4 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. PROJECT OVERVIEW Two Open Space areas (totaling approx. 105 acres) within the Roaring Fork Valley will receive mechanical vegetation treatment during the late summer/fall of 2023. Priority of both projects is to improve wildlife habitat on public protected lands, simultaneously reducing wildfire fuels. Project areas are best suited to hand thinning/chainsaw crew methods, however hybrid vegetation management approaches may be proposed. Project Areas are: 1. Area 1 - Filoha Meadows: Approximately 60 acres of pinyon/juniper and Gambel oak has been identified, evaluated and approved for cross-boundary habitat improvement (USDA Forest Service Aspen-Sopris District Habitat Improvement Project and Filoha Meadows Management Plan). Mechanical vegetation thinning is to occur at 50% within project boundaries to improve wildlife habitat for elk, bighorn sheep, and many associated species, with a concurrent fuels reduction benefit. This mechanical treatment follows a 2013 mechanical treatment in order to maintain desired disturbance intervals and to address pinyon/juniper encroachment into the meadow. This project area includes land owned both by Pitkin County Open Space and Trails (OST) and the United States Forest Service (USFS). Partner agreements will be arranged and signed by these two parties and is not the responsibility of the contractor. See Attachment A for map of Filoha Meadows treatment areas. 2. Area 2: Sky Mountain Park: Approximately 45 acres of Gambel oak-dominant hillsides has been identified for vegetation thinning, per OST’s 2021 Sky Mountain Park Management Plan. This treatment follows a 2014 mastication project. In 2023, work will focus on the steeper slopes/harder to access that mastication equipment was unable to reach in 2014. Cut material can be chipped on site or lopped and scattered. See Attachment B for a map of Sky Mountain Park treatment areas. B. SCOPE OF WORK 1) Area 1: Filoha Meadows Nature Preserve - Upland Vegetation Treatment: a) Summary i) Approximately 60 acres of scrub oak and pinon/juniper hillsides to be thinned at 50% in a mosaic pattern to maintain natural look and function. RFP 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 5 ii) Work can occur seamlessly across OST/USFS property boundaries, per agreements completed by both land owners, but ALL work must abide by USFS regulations outlined in Attachment C for required fire prevention, noxious weed measures, etc. iii) Please see Attachment A for map of Filoha treatment areas. Maps are approximate and exact acreage is not guaranteed. b) Desired Condition: i) Target mixed-mountain shrubs including oak and small diameter pinyon/juniper while maintaining some vegetation in mature stages. Desired condition using mechanical means is to masticate 50-60% of oak/ mixed shrubs to stimulate sprouting, while maintaining about 40-50% of oak in mature condition for mast production. For under-mature vegetation, retain shrubs having the most vigor, sprouting, and live branches. ii) Retain all aspen, sagebrush, and all snags and live vegetation having nests and/or cavities. Retained vegetation must be left as irregular shaped islands or patches of untreated brush throughout the treatment area. iii) Treatment must average 50% across all acres, with no acre to be thinned at greater than 60%. iv) Focus should be on shrub vegetation with a “hedged” appearance, shrubs with dead/dying stems, shrubs with dead tops, and shrubs with visible rot, fungus, and disease. Live vegetation shall be cut as well to account for the balance of the 50-60% to be removed. The 40-50% that shall be retained shall primarily be comprised of young, vigorous stems having multiple live terminal shoots or branches. c) Thinning Guidelines: i) Pinyon/Juniper dominated areas will be treated to improve the connection from meadow to toe of steep rocky slope for bighorn sheep sightlines and escape. (1) Any and all pinyon/juniper vegetation with diameter of >6 inches shall be retained. (2) Pinyon/juniper vegetation with diameter <6 inches can all be removed and cut to within 8 inches of the ground. ii) Gambel oak dominated areas will be treated to promote regeneration, create multi-aged stands, and improve forage and habitat quality for elk and mule deer. (1) Oak treatments must be completed in a mosaic pattern (patchy with some areas pushing up into the hillside, etc.) iii) All cut material shall be chipped on site or lopped and scattered. Contractor may provide options in bid for cut material (chipping vs lop and scatter methods). (1) Any chipped material shall be spread to no more than 3 inches deep in any one location. (2) Cut material that is not chipped shall be lopped, slashed and scattered per following guidelines: (3) All stems larger than 1 inch diameter, must be no longer that 1 foot, with the intent of slashing material so that it does not build up more than 1 foot RFP 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 6 above the ground. In some cases, slash may need to be scattered after slashing to achieve the bed height of less than 1 foot. This short material length is particularly important at this site for bighorn sheep mobility through treated areas and to reduce fuels. iv) All cutting and/or mastication will leave a stump height of no more than 8 inches above the ground. v) Treatments should leave behind a few round clusters approximately 0.2 acres (8,712 sq ft) in size of mature oak and mature pinyon/juniper for wildlife cover. These clusters should have as low a perimeter to area ratio as site conditions allow. vi) Project staff (USFS staff or OST staff/representative) will either provide onsite flagging for exclusion zones or direct on-site activities via maps and GPS to convey cutting and avoidance zones. d) Constraints and Considerations: Filoha Meadows i) Property has strict seasonal closure from Oct 1 – June 30. ii) Work cannot start until after July 31 for the protection of nesting birds and all work must be completed and off-site by Oct 1. iii) Terrain is rocky and includes areas with steep slopes. This severely limits the extent that can securely be treated with traditional mastication equipment. iv) This project occurs within the boundaries of a Nature Preserve owned and managed by Pitkin County Open Space and Trails, occurs in elk and bighorn sheep critical winter range, with rare plants in the vicinity (outside project boundaries and access route). Contractor will be held to high standards for minimizing disturbance (noise, ground, duration, etc.) to reduce impacts on local wildlife. v) This area is visible to Highway 133 and public wildlife viewing from the Penny Hot Springs pullout. Responsible and tidy project management is required. vi) All trash and refuse must be secured in a locked vehicle, bear-resistant container approved by Pitkin County, or in immediate possession. vii) Overnight camping is prohibited at the project site. viii) Pitkin County and USFS is not liable for overnight storage of contractor- furnished equipment or supplies on-site. Contractor will notify Pitkin County if contractor-furnished equipment or supplies are requested to be left on-site. ix) No dogs on-site. x) Vehicular access is restricted to the old railroad grade xi) No cellular service or WiFi at project site xii) Bidders must be able and willing to conduct work on local and federal government lands. 2) Area 2: Sky Mountain Park - Oak Treatment: a) Summary i) Approximately 45 acres of primarily Gambel oak to be thinned at 90% in the mapped mosaic pattern to maintain natural look and function. RFP 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 7 ii) Treatment will consist of mastication of all mature Gambel oak and chokecherry only within marked areas. iii) Please see Attachment B for a map of Sky Mountain Park treatment areas. Work can occur within boundaries as mapped. b) Desired Condition: i) Removal of other shrub species, such as serviceberry, aspen, snowberry, sagebrush, mountain mahogany, antelope bitterbrush, rabbitbrush, or other shrub trees will be limited. ii) Retain all snags and live vegetation having nests and/or cavities. iii) A 25-foot buffer will be maintained between the treatment area and the Sky Mountain Park Trail system. iv) Mechanical and hand treatment should be implemented in a manner which promotes sprouting from roots or bases of stems, mimicking fire effects. Methods and implementation shall be restricted to those that result in the creation of mulch that does not exceed 3 inches in depth of ground cover. c) Thinning Guidelines: i) All cut material shall be chipped on site or lopped and scattered. Contractor may provide options in bid for cut material (chipping vs lop and scatter methods). (1) Any chipped material shall be spread to no more than 3 inches deep in any one location. (2) Cut material that is not chipped shall be lopped and scattered per following guidelines: (a) Cut and slashed into small sections no more than 2-3 feet in length and scattered so that bare ground space exists between materials ii) All cutting and/or mastication will leave a stumps of no more than 8 inches in height. iii) Work in this project area does not have to abide by all specifications in Attachment C USFS Regulations, but best management practices for fire prevention, noxious weeds, etc. to be followed should be described in proposal if different than Attachment C. d) Constraints and Considerations: Sky Mountain Park i) Property has strict seasonal closure from Nov 30 – May 15. i) Work cannot start until after July 31 for the protection of nesting birds and all work must be completed and off-site by Nov 1. ii) Identified treatment areas are steeper slopes, likely accessible via foot only, hiking on and off trail to reach treatment locations. Use of existing administrative road may be utilized for access. iii) This project occurs within the boundaries of county Open Space that is valued for wildlife habitat and home to popular mountain bike trails in the summer. Interaction with the public is not likely within treatment areas but professionalism during ingress/egress interactions is necessary. iv) Responsible and tidy project management is required to reduce human-bear conflicts. v) All trash and refuse must be secured in a locked vehicle, bear-resistant container or in immediate possession. RFP 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 8 vi) Overnight camping is prohibited at the project site. vii) Pitkin County is not liable for overnight storage of contractor-furnished equipment or supplies on-site. Contractor will notify Pitkin County if contractor-furnished equipment or supplies are requested to be left on-site. viii) No dogs on-site. ix) Bidders must be able and willing to conduct work on local government lands. 3) Standards for BOTH Area 1 and 2: a) Reclamation within project boundaries and access route: i) Ground disturbance should be minimized to greatest extent possible. Where disturbance occurs, reseeding any disturbed areas with exposed soil via hand broadcasting is required. Pitkin County will provide seed mix to cover a total area of one acre per project area. b) Allow ground-based equipment operations only when soil moisture conditions are such that compaction, gullying, and/or rutting will be minimal. c) Equipment and clothing shall be cleaned before entering project units. Equipment will be considered clean when visual inspection of tires, tracks, and underbody does not reveal soil, seeds, plant material or other such debris. d) Any soil contaminated by loss of fuel, oil, grease, hydraulic fluid, coolant or other fluids shall be removed and placed in covered drums or other acceptable containers for proper disposal by the contractor. 4) Bidding, Performance and Payment: - Please clearly define the operational approach and provide a list of planned equipment to accomplish items in bid submission. - Bidders may provide an optional add services estimate line item for chipping. - Bidders are welcome to bring forward additional ideas or more efficient operational approaches in their proposal - USFS and/or OST staff/representative will be on-site at the project start and during implementation, observing progress and completing inspections of work. Performance will be evaluated for best results using a combination of criteria: sufficient vegetation thinning to meet objectives of amount and distribution, meet guidance for treatment of chipped and slashed material on the ground, compliance with weed control mitigations, and start/completion of work within the performance period. All criteria receive equal weight. - Contractor may invoice Pitkin County for work completed in each project area separately. Inspection by project manager or representative required before payment. Please keep us apprised or progress to avoid delays in payment. 5) Anticipated Project Start and Completion Dates: Start Date: August 1, 2023 Completion Dates: Filoha Meadows: October 1, 2023 Sky Mountain Park and Contract End Date: November 1, 2023 *Work ideally completed in late September-October RFP 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 9 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. 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; RFP 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 10 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; 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 April 21, 2023. All requests must have the email subject line, “RFP 085.23: 2023 Open Space Mechanical Vegetation Treatment 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. RFP 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 11 B. TIME SCHEDULE The County will endeavor to use the following timetable: March 31, 2023 Request for Proposals publicly advertised, posted on website (www.bidnetdirect.com/colorado) April 13, 2023 Recommended pre-proposal meeting will be held 2:00 PM MT at Filoha Meadows followed by Sky Mountain Park. Please submit your RSVP with planned attendee list via email to procurement@pitkincounty.com by no later than 24-hours prior to the scheduled meeting. Exact meeting location and parking information will be provided prior to the meeting in response to each potential bidder’s RSVP. April 21, 2023 Proposer’s request for clarification and questions due via email to procurement@pitkincounty.com by 4:00 PM MT April 28, 2023 County’s response to request for clarification and questions posted on BidNet Direct via addendum May 5, 2023 PROPOSALS MUST BE UPLOADED TO BIDNET DIRECT BY 2:00 PM MT Week of May 8 - 12 Meeting of Selection Committee; checking of references as necessary; requests for additional information or clarifications, if necessary; scheduling of interviews, if necessary May 15, 2023 Issuance of Notice of Award to top-ranked proposer May 15, 2023 Notices sent to unsuccessful proposers August 1, 2023 Anticipated Work Start Date November 1, 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 30% RFP 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 12 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. Availability 25% The Proposer shall affirmatively state and demonstrate that all necessary staff is available to complete the Project within the time indicated on the proposed schedule. 4. Estimated Cost of Services, including Reimbursable Expenses 20% 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 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. 5. References 0% 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: -Liza Mitchell, OST Natural Resource Planner/Ecologist -Phil Nyland, USFS Wildlife Biologist -Jeffrey Werner, OST Field Operations Supervisor -County Attorney -County Procurement RFP 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 13 -Jonathon Lowsky, Wildlife Biologist E. SAMPLE CONTRACT A sample of the Pitkin County Contract for the Provision of Services is included as Attachment D. 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 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 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 14 PROPOSAL FORM Proposal Time: 2:00 PM MT Proposal Date: May 5, 2023 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 085.23: 2023 OPEN SPACE MECHANICAL VEGETATION TREATMENT 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. RFP 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 15 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 , 2023 (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. RFP 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 16 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 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 17 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 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 18 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 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 19 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 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 20 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 085.23 Rev. 2021.10.11 CDD Budget Line Item #: 11836360.531000 21 services or materials and shall not be obligated to provide services or materials for which funds have not been appropriated. M a r o o n B e l l s - S n o w m a s s W i l d e r n e s s Filoha Meadows Nature Preserve Penny Hot Springs HW Y 1 3 3 pitkin county Folder: G:\Management and Recreation Planning\Ecological Services\Filoha Meadows\Filoha Mx Veg Treatment\Date Saved: 3/28/2023 12:32 PMUser: Liza.MitchellPitkin County OST 2023 Vegetation Treatment ¯0 1,000 2,000500Feet Filoha_Mx_Units 2016 Rx Fire Boundary 2023: P/J Dominant (approx. 20ac) Completed 2022 2023: Oak Dominant (approx. 40ac) Land Ownership & Type open space nature preserve Wilderness Area BLM State of Colorado U.S. Forest Service Carbondale Redstone Location: Filoha Meadows Vegetation Treatment Map USFS Attachment A Airport RanchRiver Access Airport RanchRiver Access Town Park AirlineTrailhead Burlingame Ranch Upper North Mesa Hidden Valley Seven StarRanch 1 Snowmass Golf Course Community Park Sky Mountain Park Roaring Fork Gorge M C L A I N F L A T S R D B RUSH C REE K RD H W Y 8 2 S kylin e Ridge Low l ine RimTr ail Nort h Hi g h l i n e Vi e w l i n e Coz y l i n e Airline CozyPo n yLoop High li n e   SevenS tar  East Br u shC r e e kNa t ure B utterlin e Ditchline Deadline Viewlin e In cl in e OwlCre ek Sn ow m assRec Ce n t erPath Brus h Cre e k Stark s Ri o G r a n d e - R F G o r g e Hor s e Ranc h Rio Gran de So ft S ur fac e pitkin county Folder: G:\Management and Recreation Planning\Ecological Services\Sky Mountain Park\Oak Veg Treatment\2023 Tx\Date Saved: 3/28/2023 5:38 PMUser: Liza.MitchellPitkin County OST 2023 Vegetation Treatment ¯0 1,000 2,000500Feet Potential Treatment Areas SMP_Mx_Units Completed 2014 OST Trails Trail Paved Path Recreational Road Urban Road Land Ownership & Type open space Location: Sky Mountain Park Vegetation Treatment Map Attachment B Attachment C Operations on USFS lands Motorized operations on USFS lands: No roads or vehicle travel paths are to be created by treatment activities. Use appropriately inflated tires or tracked vehicles to minimize compaction and displacement of soil. Low pressure (< 7 p.s.i.) vehicles and rubber tracks should be used unless approved by the Forest Service in coordination with a Forest Service soil or water resource specialist. Project Design for Individual Thinning Treatments 1) See RFP Scope of Work for details on thinning. Stumps and cut material a) Diameter is to be measured 8 inches from the ground. b) Stumps will be cut 8 inches or less from the ground on the uphill side. All cut trees shall be completely severed from the stump. No live limbs will be left on the stump of any species. c) All logs and large branches shall be limbed up completely. This will be accomplished in the following fashion: All lateral braches will be severed from the main stem if diameter of the main stem is >=1 inch. Branches on laterals will also be cut if diameter of lateral branches is >=1 inch. d) All material over 1 inch in diameter will be cut to lengths of 12 inches or less. Lop and scatter material Slash shall be scattered so that depth of lopped debris does not exceed 12” in depth. Slash shall not obscure the ground where cutting has occurred. It may be necessary to hand carry slash away from where it was cut to prevent the ground from becoming obscured by slash. Chipped material If the contractor wishes to use a mechanical chipper/masticator, depth of debris shall not exceed 3 inches. It may be necessary to hand spread chopped/masticated/chipped material to prevent the bed depths from exceeding 3 inches. Contractor will Furnish or Provide the Following: 1) The contractor shall provide all labor, transportation, materials, and equipment necessary to perform the work as described herein. 2) Signs, if necessary, to inform the public of any hazards of being near the work. The Forest Service will Furnish or Provide the Following: 1) Designate maps and GPS to convey avoidance zones and cutting areas or by using readily apparent land features such as fences, ridgelines, powerlines, cliffbands, and distinct zones of vegetation. 3) Measurement of the area treated by Global Positioning System (GPS) or Geographical Information System measurement tools. Note: All measurements are taken on the horizontal plane not “slope” average. Access: 1) The Forest Service guarantees access to the work site over Forest Service administered lands. Access through land administered by Pitkin County is through mutual agreement to the benefit of the Forest Service and Pitkin County. 2) All gates and infrastructure on USFS land within the project area shall be left as found or as directed by the Forest Service. 3) USFS land in the project area will not be closed to the public during the contract period. Contractor must be aware of the presence of people in the work area and adjust activities to account for their presence. Operations Plan: All thinning and clearing shall be done in accordance with the plan. Archaeological or Cultural Discoveries: If in connection with operations under this contract the Contractor, his subcontractors, or the employees of any of them, discovers, encounters, or becomes aware of any objects or sites of cultural value on the contract area such as historical or prehistorical ruins, human remains, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Forest Service of the findings. Operations may resume at the discovery site upon receipt of written instructions and authorization by the Forest Service. Hazardous Materials: 1) Hazardous or Regulated materials, including petroleum products, to be used on site must be listed in the operations plan. 2) Use of Hazardous Materials requires that all appropriate State and Federal Regulations be complied with including, but not limited to, Material Safety Data Sheets (MSDS) on hand and use of necessary Personal Protective Clothing (PPE). 3) On-site disposal of Hazardous Materials or Waste including hydrocarbons is not authorized. On-site disposal will subject the contractor to at least the cost of reclamation and the appropriate disposal of contaminated soil. 4) Incidental leaks from fittings, gaskets or ruptured hoses will not subject the contractor to remedial requirements. They will be considered to be normal and unavoidable losses. Continual leaks will be noted on inspection reports and correction through maintenance required. 5) Maintenance and repair operations that require the draining of engines or hydraulic systems may be conducted on site only if the fluids are captured, containerized, and removed from public lands for proper disposal. 6) The contractor will be required to report to the Forest Service any spills of any volume of a "hazardous material" and any spill with a volume of 25 gallons or more of hydrocarbons on USFS land. Noxious Weeds: The contractor will ensure that all actions as required in the RFP are implemented when operating on public lands to proactively prevent the spread of noxious weeds, including but not limited to cleaning equipment, vehicles, clothing and boots before bringing on-site daily, minimizing ground disturbance and reseeding bare ground areas. Security of Materials: The contractor may leave equipment at the work site on USFS or Pitkin County Open Space land only. The contractor shall be responsible for the contractor’s equipment if it should be lost, stolen or damaged. Injuries and Damage: The Contractor, in his operations under this contract, shall not do or omit to do anything by which act or omission any person or property may be injured or damaged and shall indemnify and save the United States harmless from any claim, demand, action, or damages on account of any personal injury or property damage arising by reason of anything done or omitted to be done by the Contractor, his contractors, subcontractors, or the employees of any of them. Fire Stipulations: 1. Emergency Measures The Forest Service may require emergency measures, including the necessary shutting down of equipment or portions of operations in the project area during periods of fire emergency created by hazardous climatic conditions or when the implementation of Fire Restrictions require. 2. Fire Control During period of extreme fire danger, the Forest Service may issue a restricting or closure order to the contractor in writing. This may occur during periods when fire danger is rated high, very high, or extreme as identified by the Forest Service. In the event a fire should occur within the contract area, the contractor and/or his employees will immediately take the action necessary to contain and/or suppress the fire. This will in no way relieve the contractor from any responsibility regarding suppression and/or trespass cost, in the event fire investigation reveals the fire was started by the contractor and/or his employees, either through negligence or from his/her operations. 3. Compliance with State Forest Laws Listing of specific fire precautionary measures herein is not intended to relieve the Contractor in any way from compliance with the State Fire Laws covering fire prevention and suppression equipment, applicable to operations under this contract, permit or license. 4. Fire Precautions Specific fire precautionary measures are as follows: a. Smoking and Open Fires The Contractor shall not allow open fires on the project area without advance permission in writing from the Contracting Officer Representative. Unless restricted by State Law or Federal Regulations, smoking shall be permitted only in such portions of the project area that are free of flammable material. Smokers shall smoke in such a position that any burning material will fall within a cleared area, and shall extinguish and press out in mineral soil all burning material before leaving the cleared area. b. Fire Extinguishers and Equipment, on Trucks, Tractors, etc. All power-driven equipment operated by the Contractor on public land, except portable fire pumps, shall be equipped with one fire extinguisher having a UL rating of at least 5 B, C and one "D" handled or long handled round point shove. In addition, each motor patrol, truck and passenger-carrying vehicle shall be equipped with a double-bit axe or Pulaski, 3-1/2 pounds or larger. Equipment shall be kept in a serviceable condition and shall be readily available. c. Power Saws Each gasoline power saw operator shall be equipped with an effectively working spark arrestor is properly maintained and properly installed. Allow a hot saw to cool down before refueling. Refuel a chainsaw in an area free of flammable material. Clean gas and oil off the chainsaw after refueling. Never place a hot chainsaw on any flammable material. d. Extinguishers One refill for each type or one extra extinguisher sufficient to replace each size extinguisher required on equipment shall be safely stored in the fire tool box or other agreed upon place on the project area that is protected and readily available. e. Spark Arresters and Mufflers Each internal combustion engine shall be equipped with a spark arrester meeting either (1) USDA Standard 5100-1a, or (2) appropriate Society of Automotive Engineers (SAE) recommended practice J335(b) and J350(a) as now or hereafter amended unless it is: (1) Equipped with a turbine-driven supercharger such as the turbocharger. There shall be no exhaust bypass. (2) A passenger carrying vehicle or light truck, or medium truck up to 40,000 GVW, used on roads and equipped with a factory designed muffler complete with baffles and an exhaust system in good working condition. (3) A heavy duty truck, such as a dump or log truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab. Exhaust equipment described in this Subsection, including spark arresters and mufflers, shall be properly installed and constantly maintained in serviceable condition. Contract # 085.23 Revision: 2018-06-13 btf Budget Line Item # 11836360.531000 1 PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT, made Enter Contract Date 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: Project Name (“Project”). I. Term of Contract: The term of this Contract is from Contract Start Date to Contract End Date. Optional Contract Extension 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. Attachment D Contract # 085.23 Revision: 2018-06-13 btf Budget Line Item # 11836360.531000 2 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. Contract # 085.23 Revision: 2018-06-13 btf Budget Line Item # 11836360.531000 3 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 Contract # 085.23 Revision: 2018-06-13 btf Budget Line Item # 11836360.531000 4 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 Contract # 085.23 Revision: 2018-06-13 btf Budget Line Item # 11836360.531000 5 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: Contract # 085.23 Revision: 2018-06-13 btf Budget Line Item # 11836360.531000 6 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 Contract # 085.23 Revision: 2018-06-13 btf Budget Line Item # 11836360.531000 7 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 Contract # 085.23 Revision: 2018-06-13 btf Budget Line Item # 11836360.531000 8 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 Contract # 085.23 Revision: 2018-06-13 btf Budget Line Item # 11836360.531000 9 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. Contract # 085.23 Revision: 2018-06-13 btf Budget Line Item # 11836360.531000 10 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 Rev. 2022.6.21 CDD RFP # 085.23 ADDENDUM # 1 Date: April 4, 2023 TO: All Parties of Interest for the 2023 OPEN SPACE MECHANICAL VEGETATION TREATMENT. This addendum is issued to correct a mistake in the 2023 OPEN SPACE MECHANICAL VEGETATION TREATMENT Request for Proposals. Correction to original Request for Proposals: Aspen Daily News advertisement dates 4/11/23 and 4/18/23 are replaced by the following dates: 4/10/23 and 4/17/23/ 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 . Rev. 2022.6.21 CDD RFP # 085.23 ADDENDUM # 2 Date: April 28, 2023 TO: All Parties of Interest for the 2023 OPEN SPACE MECHANICAL VEGETATION TREATMENT. This addendum is issued in response to inquiries received and/or to clarify details regarding the 2023 Open Space Mechanical Vegetation Treatment 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: What will be the access points and procedures for both Filoha Meadows and the Sky Mountain Park sites? • Response: Access may be proposed by bidders, as route may dictated by methods (hand crew, equipment type, etc.). See attachments for maps with Access Notes to view potential/anticipated route options. Note that the northern potential access route to Filoha Meadows is restricted to a rough two track road that includes a tight turn only appropriate for a pickup truck (no trailer). 2. Question: Are there any private properties that the contractor will need to access and traverse to get to the treatment areas? • Response: It is the County’s understanding that the Contractors completing work for Pitkin County and USFS will have administrative access to the properties. In the event that this changes or is not the case, an additional Addendum will be published to update potential Contractors. 3. Question: Are there any weight limits on the equipment that will be transported to the treatment sites? • Response: No weight limits on roads to Sky Mountain Park. Vehicular access to Filoha Meadows must cross the Crystal River, likely across one of two bridges. The bridge to Wildin Open Space property has a deck HS-20 operating rating of 31.2 tons and inventory rating of 23.5 tons, the girders have an HS-20 operating rating of 33.8 tons and inventory rating of 20.2 tons Rev. 2022.6.21 CDD (See Question 1 regarding vehicular access past this bridge). The bridge near Redstone Campground and Dorais Way isn't posted with restrictions so any highway legal load can utilize the bridge. Highway legal loads depend on the number of vehicle axles. CDOT has an available guide here: https://www.codot.gov/business/permits/truckpermits/documents/lcvfyis.pdf 4. Question: Is there any way to access the site before proposals are due? • Response: Filoha Meadows is closed through June 30. Sky Mountain Park is closed through May 15. 5. Question: At the Filoha Meadows site, how far up the slope will treatment be required? • Response: The treatment area is indicated in the polygons. The large linear polygon covers the toe of the slope having a slope gradient of less than or equal to 20%. The treatment encompasses the bottom of the slope, not just the flat ground beyond the bottom of the slope. The smaller polygon encompasses vegetation on the slope, which may encompass steeper slopes than the linear polygon. See map. 6. Question: Will Pitkin County be responsible for flagging the treatment limits? • Response: The treatment limits will be provided using GPS coordinates and/or georeferenced maps. The format of the coordinates can be shp file, kml, gpx, or similar spatial mapping file format mutually agreed upon. The file will display the limits of the treatment and the operator and/or hand crew foreman will be responsible for determining amount and location of vegetation patches/types retained and removed to achieve the treatment objectives and comply with specifications, desired condition and thinning guidelines outlined in RFP Scope of Work for each project area. Please review these. 7. Question: Should the proposers provide a breakdown of cost per acre for billing purposes in their proposals? • Response: Yes. Proposals should include a breakdown of cost per acre for each project area and treatment methods, as well as a total cost listed for each project area (Filoha and Sky Mountain Park). 8. Question: Can cut material be removed and resold by the chosen contractor? • Response: Yes. A permit for removal may be required on USFS land. 9. Question: Will the Open Space sites be open to the public during treatment? • Response: Yes, both Open Spaces will be open to the public during treatment. Public is required to stay on designated trails at both locations. 10. Question: Will signage be required at the treatment sites while work is in progress? Rev. 2022.6.21 CDD • Response: Pitkin County OST will provide temporary informational signage for display while operations are in progress. Additional signage may be proposed by bidders as appropriate for methods proposed. 11. Question: What are the requirements for equipment storage and operations? • Response: Pitkin County is not liable for overnight storage of contractor-furnished equipment or supplies on-site. If contractor-furnished equipment or supplies are requested to be left on-site, arrangements will be made to do so in/near treatment boundary. Daily operations on-site may begin 30 minutes after dawn and must end 30 minutes before dusk. Work sites must be kept clean and tidy and avoid. See RFP Scope of Work, Constraints and considerations section for each project area, as well as section 3 “Standards for Both Areas.” 12. Question: Are there any inspections or protocols from the Federal Government during the project? • Response: There will be periodic work inspections. The basis of the inspections will be quality assurance of work as provided in the scope of work statement. The contractor and operator/hand crew lead will be responsible for quality control of work to meet desired conditions as provided in the scope of work statement. See Attachment C for other federal government requirement. 13. Question: How will the County adjust the timeline and/or will the project get cancelled in the event that fire mitigation is required? • Response: If implementation is not possible for unforeseen circumstances beyond the control of the County or contractor, the project will either be canceled or postponed for one full year, depending on the circumstances. 14. Question: How rocky is the terrain? • Response: Filoha Meadows: Most of the area has surface rock present, the degree varies from little or none to areas that are difficult to traverse with a wheeled vehicle with many cobble- to boulder-sized rocks emerging from ground, obscured by vegetation and scattered throughout. Sky Mountain Park: Terrain is not rocky, but most is steeper than 20% 15. Question: How close did the 2013 treatment come to Radar Road? • Response: Approximately, 1 mile. This is visible in Attachment B. 16. Question: Are there any topographical maps or overlays available to view the treatment sites/accessibility? • Response: See attachments with 10-foot and 100-ft contours displayed. 17. Question: Who is responsible for communicating to the public about the project? • Response: Pitkin County OST will do public outreach about the project. Rev. 2022.6.21 CDD 18. Question: What is/are the source(s) of funding for this project? • Response: Pitkin County along with partners including US Forest Service, Colorado Parks and Wildlife are collectively funding this project. 19. Question: What is the County’s budget for this project? • Response: Project will be jointly funded by County and partners. 20. Question: Are there any deadlines to use the funds for this project that the chosen contractor should be aware of? • Response: Contract end date is Nov 1, 2023 and invoices must be received by Dec 31, 2023. 21. Question: What will the billing requirements be? Can the chosen contractor bill on a progress basis or will payment be made at 100% completion? • Response: See RFP page 8, Section 4 “Bidding, Performance and Payment” Contractor may invoice Pitkin County for each project area separately, and may do so upon completion of work within each area (Filoha, Sky Mountain Park). Inspection by project manager or representative required before payment. Please keep us apprised of progress to avoid delays in payment. 22. Question: Will the County perform periodic inspections of the project progress? • Response: Yes. The project will be inspected on USFS and County lands for quality assurance as provided in the scope of work statement. See question 12. 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 . M a r o o n B e l l s - S n o w m a s s W i l d e r n e s s Filoha Meadows Nature Preserve Penny Hot Springs HW Y 1 3 3 Avalanc he/ SilverCreek FilohaMeadows  pitkin county Folder: G:\Management and Recreation Planning\Ecological Services\Filoha Meadows\Filoha Mx Veg Treatment\Date Saved: 4/27/2023 12:23 PMUser: Liza.MitchellOST 2023 Vegetation Treatment - 10ft Contours ¯0 1,000 2,000500Feet Filoha_Mx_Units 2023: P/J Dominant (approx. 20ac) Completed 2022 2023: Oak Dominant (approx. 40ac) Land Ownership & Type open space nature preserve Wilderness Area BLM State of Colorado U.S. Forest Service 10 ft Contours Carbondale Redstone Location: Filoha Meadows Vegetation Treatment Map USFS M a r o o n B e l l s - S n o w m a s s W i l d e r n e s s 106 0 0 10700 10400 10300 102 0 0 6 9 0 0 9200 8300 98 0 0 88 0 0 9400 10900 85 0 0 1080 0 93 0 0 97 0 0 840 0 73 0 0 9 5 0 0 105 0 0 8 2 0 0 790 0 800 0 960 0 7200 810 0 780 0 7700 10100 910 0 76 0 0 86 0 0 100 0 0 87 0 0 90 0 0 9 9 0 0 7 1 0 0 8900 74 0 0 7000 750 0 Filoha Meadows Nature Preserve Penny Hot Springs HW Y 1 3 3 Avalanc he/ SilverCreek FilohaMeadows  pitkin county Folder: G:\Management and Recreation Planning\Ecological Services\Filoha Meadows\Filoha Mx Veg Treatment\Date Saved: 4/27/2023 12:23 PMUser: Liza.MitchellOST 2023 Vegetation Treatment - 100ft Contours ¯0 1,000 2,000500Feet Filoha_Mx_Units 2023: P/J Dominant (approx. 20ac) Completed 2022 2023: Oak Dominant (approx. 40ac) Land Ownership & Type open space nature preserve Wilderness Area BLM State of Colorado U.S. Forest Service 100 ft Contours Carbondale Redstone Location: Filoha Meadows Vegetation Treatment Map USFS Filoha Meadows Nature Preserve Redstone Beach Penny Hot Springs H W Y 13 3 FilohaM e a d o w s   pitkin county Folder: G:\Management and Recreation Planning\Ecological Services\Filoha Meadows\Filoha Mx Veg Treatment\Date Saved: 4/27/2023 12:23 PMUser: Liza.MitchellOST 2023 Vegetation Treatment - Access Notes ¯0 1,000 2,000500Feet Filoha_Mx_Units 2023: P/J Dominant (approx. 20ac) Completed 2022 2023: Oak Dominant (approx. 40ac) Land Ownership & Type open space nature preserve riparian BLM State of Colorado U.S. Forest Service Carbondale Redstone Location: Filoha Meadows Vegetation Treatment Map Access via Dorais Way begins here USFS USFS Truck (not trailer) alternative access Airport RanchRiver Access Airport RanchRiver Access Town Park AirlineTrailhead Burlingame Ranch Upper North Mesa Hidden Valley Seven StarRanch 1 Snowmass Golf Course Community Park Sky Mountain Park Roaring Fork Gorge M C L A I N F L A T S R D B RUSH C RE E K RD H W Y 8 2 S kylin e Ridge Low l ine RimTr ail Nort h Hi g h l i n e Vi e w l i n e Coz y l i n e Airline CozyPon yLoop High li n e   SevenS tar  East Br u shC r e e kNa ture B utterlin e Ditchline Deadline Viewlin e  In cl in e OwlCre ek Sn owm assRec Ce n t er Path Bru s h Cre e k Stark s Ri o G r a n d e - R F G o r g e Hor s e Ranc h R i o G r a n de S o ftSurfac e pitkin county Folder: G:\Management and Recreation Planning\Ecological Services\Sky Mountain Park\Oak Veg Treatment\2023 Tx\Date Saved: 4/5/2023 3:11 PMUser: Liza.MitchellOST 2023 Vegetation Treatment - 10ft Contours ¯0 1,000 2,000500Feet Treatment Areas 2023 SMP_Mx_Units Completed 2014 OST Trails Trail Paved Path Land Ownership & Type open space OST Trails 10 ft Contours Location: Sky Mountain Park Vegetation Treatment Map Airport RanchRiver Access Airport RanchRiver Access Town Park AirlineTrailhead 8900 80 0 0 7 5 0 0 8800 8600 8700 7900 7 6 0 0 7700 8300 8400 81 0 0 8 2 0 0 7800 850 0 Burlingame Ranch Upper North Mesa Hidden Valley Seven StarRanch 1 Snowmass Golf Course Community Park Sky Mountain Park Roaring Fork Gorge M C L A I N F L A T S R D B RUSH C RE E K RD H W Y 8 2 S kylin e Ridge Low l ine RimTr ail Nort h Hi g h l i n e Vi e w l i n e Coz y l i n e Airline CozyPon yLoop High li n e   SevenS tar  East Br u shC r e e kNa ture B utterlin e Ditchline Deadline Viewlin e  In cl in e OwlCre ek Sn owm assRec Ce n t er Path Bru s h Cre e k Stark s Ri o G r a n d e - R F G o r g e Hor s e Ranc h R i o G r a n de S o ftSurfac e pitkin county Folder: G:\Management and Recreation Planning\Ecological Services\Sky Mountain Park\Oak Veg Treatment\2023 Tx\Date Saved: 4/5/2023 3:11 PMUser: Liza.MitchellOST 2023 Vegetation Treatment - 100 ft Contours ¯0 1,000 2,000500Feet Treatment Areas 2023 SMP_Mx_Units Completed 2014 OST Trails Trail Paved Path Land Ownership & Type open space Transportation 100 ft Contours Location: Sky Mountain Park Vegetation Treatment Map Airport RanchRiver Access Airport RanchRiver Access Town Park AirlineTrailhead Burlingame Ranch Upper North Mesa Hidden Valley Seven StarRanch 1 Snowmass Golf Course Community Park Sky Mountain Park Roaring Fork Gorge M C L A I N F L A T S R D B RUSH C REE K RD H W Y 8 2 S kylin e Ridge Low l ine RimTr ail Nort h Hi g h l i n e Vi e w l i n e Coz y l i n e ine CozyPo n y Loop High li n e   SevenS tar  East Br u shC r e e kNa t ure B utterlin e Ditchline Deadline Viewlin e In cl in e OwlCre ek Sn o w m assRec Ce n t erPath Brus h Cre e k Stark s Ri o G r a n d e - R F G o r g e Hor s e Ranc h Rio Gran de So ft S ur fac e pitkin county Folder: G:\Management and Recreation Planning\Ecological Services\Sky Mountain Park\Oak Veg Treatment\2023 Tx\Date Saved: 3/28/2023 5:38 PMUser: Liza.Mitchell¯0 1,000 2,000500Feet Potential Treatment Areas SMP_Mx_Units Completed 2014 OST Trails Trail Paved Path Recreational Road Urban Road Land Ownership & Type OST 2023 Vegetation Treatment - Access notes Location: Sky Mountain Park Vegetation Treatment Map open space Radar Road - Administrative access to Skyline Ridge, no vehicle access beyond end of gray road line. Airl Pedestrian access via trails and off trail hiking Pedestrian access via trails and off trail hiking Pedestrian access via trails and off trail hiking RFP 085.23 Budget Line Item #: 11836360.531000 Proposal Time: Proposal Date: From: To: For: 'ff RE ffi j" f~i ,i . ); `...±} PROPOSAL FORM 2:00 PM MT May 5, 2023 Western Vegetation Management lnc Carbondale CO 81623 Rev. 2021.10.11 CDD Phone 970-618-2567 E-mail Address: muncaDher®hotmail.com THE PITKIN COUNTY BOARD OF COMMISSIONERS c/o Procurement 530 E Main Street, Suite #304 Aspen, CO 81611 RFP 085.23: 2023 OPEN SPACE MECHANICAL VEGETATION TREATRENT 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 envii.onment, 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: Please refer to Attachment A 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 i,terns orhitted herein. A completed proposal fon'n including, at mininun, acknowledgement Of all addenda and signature/corporate seal is required for prclposals to be considered responsive. \ 14 Attachment B REP 085.23 Budget Line Item #: 11836360.531000 Statement and Detailed Approach to Service: Rev. 2021`10.11 CDD Please refer to Attachment A Qualifications of Proposer: Please insert names address, phone numbers and description of similar Service for Reference Checks. Please refer to Attachment A 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. (Typeprint name under all signatures) Datedthis|hdayof (Corporate seal) Michael Uncapher, President 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. i 15 RFP 085.23 Open Space Mechanical Vegeta�on Treatment Atachment A Prepared by: Western Vegeta�on Management Inc Mike Uncapher, President Cell: 970-618-2567 email: muncapher@hotmail.com QUALIFICATIONS OF THE BIDDER AND ITS SUBCONTRACTOR Western Vegeta�on Management is a provider of forestry, wildfire mi�ga�on, and land improvements. WVM is located in Carbondale, Colorado. The sole owner of WVM, Mike Uncapher, began the business in 2006 a�er a 10+ year career with the USFS doing wildland firefigh�ng, fuels management, and crew supervision. Prior to working for the USFS, Mike had several jobs working as a landscape architect. Mike u�lizes a crew of seasoned operators to accomplish projects for federal, state, county, and local government agencies as well as HOA’s and private property. Working closely with fire departments, land managers, HOA boards, and private ci�zens on wildfire mi�ga�on and forest health projects is Mikes’ passion. All work is directly supervised by Mike and he is always the primary point of contact from the ini�al mee�ngs to the final walk through. WVM has invested in proven equipment for accomplishing wildfire mi�ga�on and habitat enhancement work in the demanding condi�ons found throughout the Roaring Fork Valley. With three different types of tracked mas�ca�on tractors, WVM can access challenging terrain with minimum ground compac�on/disturbance. WVM works on projects in the Roaring Fork Valley year round every year. WVM has an excellent safety record and a proven history of working with land managers and owners. For por�ons of this project, WVM intends to u�lize Summit Forests as a subcontractor. The following informa�on regarding qualifica�on of Summit Forests was created by Summit Forests and is used here with their permission. Summitt Forests Inc. is wholly owned by Scott Nelson and has been operating as a corporation under the state laws of California since its inception January 1, 1983. Summitt has completed more than 7000 Federal agency contracts, 6500 of which have been directly related to the forestry and reforestation field. All have been completed successfully. Summitt’s key people have numerous years of experience with all types of hand and light machinery applications. Our primary business target over the past 30 years has been to supply forestry services to various government agencies and private timber companies. We complete hundreds of contracts each year that involve forest health improvement, these include fuels reduction, slash piling, chipping, pre-commercial thinning, tree planting, plantation maintenance, animal damage control, mastication, tree removal, pruning, pile burning, firefighting, herbicide and pesticide applications, along with many other types of projects. Much of the work has been within the urban interface setting, much has been in forest settings. A large portion of our contracts are with the local, state, and federal agencies, completing millions of dollars of contracts each year. With our experienced crew leaders, managers, and 100 to 200 workers, Summitt will be able to complete any project presented within most any time frame. Summitt operates over 10 forestry crews during the majority of each year, and as such would be more than adequate to complete any project. 1. APPROACH TO THE SCOPE OF WORK AND SCHEDULE Steep slopes, rocks, decomposed/eroded soils, wildfire risk, and the soil moisture content during implementa�on could prevent many acres of this project from being accomplished by mas�ca�on. How much these factors will impact the use of mas�ca�on equipment cannot be determined un�l the machines are on the ground working. Due to this, WVM has bid the en�re treatment area of both parcels as chainsaw lop and scater work because hand work is the only method guaranteed to work regardless of the constraints listed above. It is the belief of WVM that for these two parcels, mas�ca�on is a superior treatment for brush habitat enhancement because it disturbs the roots more and breaks down the biomass more when compared to the results of lop and scater work. It is our plan to use our 2021 Prime Tech PT300 mas�cator and our 2022 Caterpillar 309 Excavator mas�cator to treat any and all areas that can be accessed. As proven on other projects completed in Pitkin County, (Pandoras Expansion, Redstone Campground, Starwood) these machines are capable of safely working very steep ground and very rocky/uneven terrain where other machines cannot. WVM would start this project by accomplishing as much mas�ca�on as possible on both parcels at the beginning of the contract window. The Prime Tech PT300 is best suited for the terrain at Sky Mountain and the 309 Caterpillar Excavator Mulcher is uniquely suited for the rocky and uneven terrain at Filoha Meadows. Remaining areas that could not be treated with the two mas�cators would be treated by hand by Summit Forests as a subcontractor under the supervision of WVM. Summit Forests will have crews in Colorado doing lop and scater work all summer and fall and has commited to provide the lop and scater work within the �meline specified in the contract. WVM and Summit have worked under this arrangement on 5 occasions since 2017 with very successful outcomes (Hunter Creek Brush Treatment, Wildcat Ranch Douglas Fir Beetle). As an example of the produc�vity of Summit Forests lop and scater crews, a crew of 12 completed the 88 acre project in Hunter Creek in 8 work days (this was a 50% reduc�on per acre on steep slopes, average brush height of 8’). With this type of produc�on, Summit Forests can easily accomplish the Filoha/Sky projects within the specified �meframe, even if no mas�ca�on is possible. This bid also provides an addi�onal cost for hand piling specific to the areas treated by Summit Forests chainsaw crews. This service may be useful for areas where the quan�ty of debris on the ground is seen as detrimental to wildlife use. For these areas, the piling bid is based on crea�ng an average of 6 large piles per acre with 70% of the cut material from that acre to be piled and the remaining 30% of the cut material from that acre to be lopped and scatered. If the agencies were to decide that this op�on is desired, WVM recommends determining the quan�ty and loca�on of the piling work a�er the mas�ca�on phase has been completed. 2. LIST OF SIMILAR WORK 2022 Redstone Campground 132 acres of mas�ca�on at 50%, some areas of this project contained slopes and soil condi�ons similar to the Filoha Meadows parcel. This project was funded by Pitkin County, USFS, and Carbondale Fire. For this project we used our 2021 Prime Tech PT 300 Mulcher to mas�cate the steepest areas. 2021 Swiss Village 29 acres of mas�ca�on at 75%. Difficult terrain due to deep washes and rocky soils. This project was funded by Pitkin County, USFS, and Carbondale Fire. 2017 Hunter Creek Mechanical Brush Treatment 88 acres at 50%. Steep slopes that required a mix of mas�ca�on and hand work. WVM completed the mas�ca�on and supervised the lop and scater work completed by Summit Forests as a subcontractor to WVM. Pitkin County Open Space, ACES, USFS funded project. 2022 Pandoras Ski Area Expansion on Aspen Mountain. Mas�ca�on of trees, limbs and tops from logging, and tree stumps on very steep terrain. For this project, we used our 2021 Prime Tech PT300 Mulcher to produce gladed ski zones, ski runs, as well as preparing the li� line. 3. AVALIBILITY As described in Sec�on 1 of this proposal, Western Vegeta�on Management has a detailed strategy to ensure that this project is completed to the specified standards and within the proposed schedule. WVM intends to begin and complete mas�ca�on on Sky Mountain Park during the month of August, 2023. This site has the highest poten�al for mas�ca�on with our Prime Tech PT 300 and we intend to complete as much mas�ca�on as possible during the month of August. Any remaining acres to be treated by hand would be completed by Summit Forests under the supervision of WVM between September 1 and November 1, 2023. WVM intends to begin and complete mas�ca�on on the Filoha Meadows parcel during the month of August, 2023. Lower areas of this site have poten�al to be treated by mas�ca�on and WVM feels that a tracked excavator mulcher has the highest poten�al for success due to its ability to work top down on the vegeta�on rather than across the very uneven and rocky surfaces within the treatment area. The acres that will not be accessible to the excavator mulcher would be treated during the months of August and September, 2023 by Summit Forests under the supervision of WVM. Summit Forests will have crews in Colorado all summer and fall and has commited a minimum of 12 saw operators to this project whenever needed. If all 105 acres is to be completed by Summit Forests, it would take a take them approximately three forty hour weeks. WVM an�cipates being able to complete approximately half the acreage (50 acres) with their mas�cators. This would also take up to three forty hour weeks and would reduce the �me on site for Summit Forests by approximately 50%. 4. PRICING Filoha Meadows (60 acres @ 50%) $52,740.00 Cost per acre $879.00 Sky Mountain Park (45 acres @ 90%) $67,230.00 Cost per acre $1,494.00 TOTAL BID FOR BOTH PARCELS $119,970.00 Hand Piling Filoha (in addi�on to base price shown above)* Cost per acre +$703.00 Hand Piling Sky (in addi�on to base price shown above)* Cost per acre +$1,195.00 *any addi�onal acreage to be piled, to be determined by project administrators 5. REFERENCES Valerie MacDonald, Pitkin County Emergency Management, Emergency Manager email: Valerie.MacDonald@pitkinsheriff.com Phone: 970-920-5234 Mul�ple mas�ca�on projects on USFS lands in the Crystal Valley that were co-funded by Pitkin County. 2021 Swiss Village 29 acres. 2022 Redstone Campground 132 acres. Adam McCurdy, Aspen Center for Environmental Studies, Forest and Climate Director email: amccurdy@aspennature.org Phone: 970-925-5756 Mul�ple projects on ACES property as well as the 2017 Hunter Creek Mechanical Treatment, where Western Vegeta�on Management was the contractor providing site supervision/mas�ca�on and Summit Forests was the subcontractor providing lop and scater chainsaw work on the areas inaccessible to mas�ca�on equipment (88 total acres). Eric Lovgren, Eagle County Colorado Wildfire Mi�ga�on Manager email: eric.lovgren@eaglecounty.us Phone: 970-328-8742 Mul�ple years of work on wildfire mi�ga�on projects within Eagle County that have been funded by private, county, state, and federal funds. Tree removal, brush mas�ca�on, logging residue clean-up. Mark Asher, Manager of Starwood Ranch, Aspen CO email: mark@starwood.org Phone: 970-925-8939 Mul�ple years of work on wildfire mi�ga�on/forest health projects within the Starwood HOA in Aspen CO. Logging, forest health, lop and scater, chipping, mas�ca�on. SUMMARY This is a challenging project and Western Vegeta�on Management is prepared to provide a unique approach to get this done in a way that results in beter habitat and wildfire resilience across all 105 acres of the project. Thank you for taking the �me to consider this approach and bid. Certificate Of Completion Envelope Id: 013002B873C14ED08BC802082B493CC7 Status: Completed Subject: Western Vegetation Management, Inc. | Pitkin County Contract 085.23 for Review and Signature Source Envelope: Document Pages: 67 Signatures: 3 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 5/24/2023 3:46:40 PM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Liza Mitchell liza.mitchell@pitkincounty.com Pitkin County Open Space & Trails Natural Resource Planner/Ecologist Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Sent: 5/24/2023 3:55:04 PM Viewed: 5/24/2023 4:05:23 PM Signed: 5/24/2023 4:05:43 PM Electronic Record and Signature Disclosure: Accepted: 5/24/2023 4:05:23 PM ID: d86b6549-c9ff-4a34-8d29-3e00cbc1586c Company Name: Pitkin County, Colorado Mike Uncapher muncapher@hotmail.com President Western Vegetation Management Incorporated Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 24.9.201.32 Sent: 5/24/2023 4:05:50 PM Viewed: 5/25/2023 7:56:30 AM Signed: 5/25/2023 7:57:09 AM Electronic Record and Signature Disclosure: Accepted: 5/25/2023 7:56:30 AM ID: 20b2415a-af37-4240-ba16-d99082ef7dc3 Company Name: Pitkin County, Colorado Rich Englehart rich.englehart@pitkincounty.com Deputy County Manager Pitkin County Signing Group: County Manager Group Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 216.189.14.41 Sent: 5/25/2023 7:57:16 AM Viewed: 5/25/2023 8:53:39 AM Signed: 5/25/2023 9:57:15 AM Electronic Record and Signature Disclosure: 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 Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Pitkin County Procurement procurement@pitkincounty.com Procurement Specialist Pitkin County Security Level: Email, Account Authentication (None) Sent: 5/25/2023 9:57:21 AM Resent: 5/25/2023 9:57:29 AM Viewed: 5/25/2023 1:14:30 PM 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 9:57:22 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/24/2023 3:55:05 PM Certified Delivered Security Checked 5/25/2023 8:53:39 AM Signing Complete Security Checked 5/25/2023 9:57:15 AM Completed Security Checked 5/25/2023 9:57:22 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: Liza Mitchell, Mike Uncapher, Rich Englehart 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 available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. 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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 . 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