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Safety Barrier Installation
Solicitation number
080.2026
Issued by
Pueblo County, Colorado

About this file

This is a Request for Proposals (RFP) issued by Pitkin County, Colorado for the installation of protective traffic barriers and public amenity improvements at two county buildings. Pitkin County seeks qualified contractors to furnish and install traffic-rated bollards, sandstone blocks, planters, bicycle parking facilities, and associated site improvements at the Pitkin County Administration Building (530 E Main Street) and the Pitkin County Library (120 N Mill Street) in Aspen, Colorado. The Administration Building work includes installation of stacked sandstone blocks and traffic-rated planters as vehicle deterrents, planting enhancements with irrigation, a window well cover, and bicycle parking improvements including crusher fines pads and surface-mounted racks. Library improvements encompass a curved sandstone wall designed as both an amenity and traffic deterrent, traffic-rated planters, concrete platforms, reconfigured bicycle parking areas, and modifications to the existing irrigation system. A bidder's conference will not be held; however, interested parties are encouraged to visit the project sites independently. Questions and clarification requests must be submitted by 4:00 PM MT on July 27, 2026, and proposals must be uploaded to BidNet Direct no later than 2:00 PM MT on August 4, 2026. The selection committee will meet during the week of August 4, 2026, with a Notice of Award anticipated on August 10, 2026 and an anticipated contract start date of August 17, 2026, with project completion targeted for October 1, 2026.

Proposals will be evaluated based on four weighted criteria: Approach to Project (30%), List of Similar Work (20%), Estimated Cost of Services including reimbursable expenses (40%), and References (10%). Proposers must submit 20-page maximum proposals in 12-point Times New Roman font on 8.5" x 11" paper, including a statement of qualifications, project approach and schedule, references with local government experience preferred, a completed proposal form acknowledging all addenda, and a list of subcontractors with qualifications. The proposal must include a comprehensive fee schedule for all labor, materials, supplies, permits, and services necessary for completion, along with standard rates for any work not included in the stated scope. Contractors are responsible for obtaining a Colorado Department of Transportation Special Use Permit for bike rack installations within the State Highway 82 right-of-way, including naming CDOT as an additional insured. No reimbursement will be provided for proposal preparation costs or site inspection attendance. All proposals must remain confidential until after contract approval by the County, with the full procurement file available to the public thereafter, except items for which confidentiality has been properly requested and approved by the County Attorney.

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RFP 080.26 Rev. 2024.11.25 CDD

PUBLIC NOTICE

Pitkin County is accepting proposals to provide PITKIN COUNTY SAFETY BARRIER

INSTALLATION.

More information is available online at www.BidNetDirect.com/Colorado.

Any and all questions, or requests for clarification, must be submitted by 40:00 PM MT on July 27, 2026. 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 August 4, 2026.

Published in the Aspen Daily News: July 20, 2026 and July 27, 2026.

PITKIN COUNTY

PITKIN COUNTY SAFETY BARRIER INSTALLATION

Table of Contents

REQUEST FOR PROPOSAL

I. INTRODUCTION 3

II. COUNTY BACKGROUND 3

III. SCOPE OF WORK 4

A. SPECIFICATIONS AND DRAWINGS 4

B. CONTRACT TIME AND LIQUIDATED DAMAGES 4

C. ADDITIONAL INFORMATION 4

IV. SELECTION PROCESS 4

A. SUBMITTALS 4

B. TIME SCHEDULE 6

C. EVALUATION CRITERIA AND WEIGHING 6

D. SELECTION COMMITTEE 7

E. CONTRACT 7

PROPOSAL FORM 8

INSTRUCTIONS TO PROPOSERS 10

REQUEST FOR PROPOSALS

PITKIN COUNTY SAFETY BARRIER INSTALLATION

GENERAL INFORMATION TO PROPOSERS

ISSUED: 7-14-2026

DUE: 8-4-2026 by no later than 2:00 PM MT

I. INTRODUCTION

Pitkin County (hereinafter called the “County”) is qualifying interested parties for the installation of traffic barriers and public amenity space at the Pitkin County

Administration Building located at 530 E Main Street and Pitkin County Library located at 120 N Mill Street, Aspen, CO 81611.

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 government, non-profit and private sector organizations helping each other succeed in promoting and achieving the public’s goals.

Open Communication: We are committed to listening to our citizens and partners and to giving accurate and timely information.

Positive Work Environment: We appreciate dedicated and knowledgeable employees and support their professional and personal growth.

Additional information about the County may be found on the County’s website at: https://pitkincounty.com/DocumentCenter/View/21997/PC_brochure_2020_FFO_digital

III. SCOPE OF WORK

A. SPECIFICATIONS

Pitkin County is solicitating proposals from interested parties to furnish and install protective traffic bollards and associated site improvements at both the Pitkin

County Administration Building and the Pitkin County Library that will serve to protect these critical buildings from traffic intrusion.

No pre-proposal meeting will be held for this project; however, interested parties are encouraged to independently visit and familiarize themselves with project site prior to submitting a proposal.

Administration Building:

The Administration Building improvements generally include:

• Installation of stacked sandstone blocks intended to function as vehicle deterrents and site amenities.

• Installation of traffic-rated planters that will supplement the sandstone blocks in protecting the building

• Enhancements made to the existing planting areas, with planting areas incorporated within the stone blocks.

• Irrigation is to be provided to planters and the planted area.

• A window well cover will also be added to prevent access to an existing window well. (The window well is not for egress but will include a lockable hatch for maintenance).

• Provide additional bicycle parking improvements, including:

o Installation of bike racks near the entrance tree lawn or within the covered entryway o Installation of crusher fines pads at bike rack locations o Anchoring and securing surface mounted racks

• One of the areas for the bike rack is within the State Highway 82 right-of-way (ROW). The Colorado Department of Transportation (CDOT) has provided preliminary approval for the installation of the bike rack.

• CDOT Special Use Permit:

o The permit application must be completed by the contractor performing the work, they will need to provide a CoI naming CDOT as an additional insured.

Minimal disturbance is anticipated, with all features placed on the existing grade. Procurement and installation of vegetation in the planters should be included in the response.

Pitkin County Library Work areas include:

The main entrance area of the library and a secondary area at the emergency access adjacent to the parking garage entrance

• Installation of a curved sandstone wall that is designed to resemble a natural stone outcrop to create an amenity and serve as a traffic deterrent.

• Installation of traffic-rated planters to supplement the sandstone wall in protecting the building.

• Install two concrete platforms to support planters at the emergency access location

• Reconfigure existing bike parking, including:

o Removing one existing bike parking area that will be abandoned and resodded.

o Upgrading one existing bike parking area with new bike racks.

o Install one new bike parking area with a new crusher fines pad and new racks added adjacent to the main entrance of the library.

• Modify the existing irrigation system as needed to accommodate:

o The new sandstone wall o Newly sodded areas

Minimal disturbance is anticipated, taking care not to disrupt the existing snow melted concrete. The sandstone wall, located within the lawn area, will need to be installed to the depth shown on the plan to ensure traffic deterrence goals are met.

Project Background Protecting the entrances to County buildings from vehicular intrusion has been identified as a priority by the County administration. Additionally, in connection with election activities, a need for visual buffering has been identified at the Clerk and Recorder’s windows facing Main Street.

In addition to determining best practices for protecting County buildings, the use and character of the project sites were carefully considered to determine the most appropriate intervention to ensure security. It was established that there was a desire to create aesthetically pleasing security barriers that could be enjoyed and appreciated primarily as public art and amenity, obscuring the barriers' more serious intent.

The following vision statement was developed for the project:

Enhance safety and protect life and property with thoughtfully designed, site-specific solutions that are minimally invasive and contribute to the community by incorporating elements of art, play, or functional design.

B. 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. Not to exceed 20 pages. A sample contract has been included for review and Template Contract revisions, if any, must be uploaded as a separate file with any changes clearly highlighted. Template

Contract change requests will not be reviewed until scoring has been completed and, as such, any information that could be considered material to your proposed response to the solicitation should not be included in the sample Contract.

Proposals may include pages up to 11”x17” size, as needed.

a. The proposal must contain name, address, daytime phone number(s), and e-mail address for person(s) to whom additional selection process requests should be communicated;

b. A proposed approach (basic description of how Proposer will proceed with this Service), timetable for the Service, and proposed method of compensation for services rendered;

c. A statement of Qualifications of the Proposer and any subcontractors anticipated to perform under the awarded contract;

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 July 27, 2026. All requests must have the email subject line, “RFP 080.26 Pitkin

County Safety Barrier Installation Request for Clarification and Questions.”

All questions, comments and answers provided shall be shared with all

Proposers via addendum posted on BidNet Direct. Addendum(s) will include the requests for clarification and questions, as written by the

Proposer.

4. All Proposals must be uploaded to the BidNet Direct website. Proposals will not be accepted in any other form or manner.

5. During the Request for Proposal selection process, all proposals shall remain confidential. The entire selection process (procurement) file shall be available to the public (which includes all Proposers) after an agreement is approved by the County, except those items for which confidentiality has been requested in writing by the Proposer, and providing that the County

Attorney has reviewed and determined this to be the properly confidential under the State Open Records Act and other relevant statutes and regulations.

B. TIME SCHEDULE

The County will endeavor to use the following timetable:

July 14, 2026 Request for Proposals publicly advertised, posted on website

(www.bidnetdirect.com/colorado)

July 27, 2026 Proposer’s request for clarification and questions due via email to procurement@pitkincounty.com by 40:00 PM MT

July 29, 2026 County’s response to request for clarification and questions posted on BidNet Direct via addendum

August 4, 2026 PROPOSALS MUST BE UPLOADED TO BIDNET

DIRECT BY 2:00 PM MT

Week of

August 4, 2026 Meeting of Selection Committee; checking of references as necessary; requests for additional information or clarifications, if necessary; scheduling of interviews, if necessary

August 10, 2026 Issuance of Notice of Award to top-ranked proposer

August 13, 2026 Notices sent to unsuccessful proposers

August 17, 2026 Anticipated Contract Start Date

October 1, 2026 Anticipated Project 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%

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 20%

The Proposer shall submit examples of projects of similar size and scope, specifically with local governments when available.

3. Estimated Cost of Services, including Reimbursable Expenses 40%

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.

4. References 10%

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:

-Jodie Grady, Assets & Project

Manager

-Genevieve Smith, Library

Director

-Kevin Warner, Construction &

Assets Director

-County Attorney

-County Procurement

E. SAMPLE CONTRACT

A sample of the Pitkin County Contract for the Provision of Services is included as Attachment A. The Proposer must present any exceptions to the standard contract language, if any, with their proposal, included as a separate document. If changes are not requested at the time of proposal submission, the County shall consider that terms and conditions are accepted by proposer. Requests for

Contract alterations, modifications, additions, or deletions will not be entertained following proposal submission. Submittal of contract change requests is for

County’s information only and will not be reviewed until selection committee scoring and vendor selection has been completed; contract language change requests will not disqualify any proposer or be evaluated for partiality. This opportunity is offered so proposers may familiarize themselves with standard

County terms and requirements, and change requests that are submitted at the time of proposal allow the County to expedite the consideration of such requests during the award process so as to avoid delays in contracting.

As mentioned in Section IV.A, proposers should not include any information specific to their proposed approach, pricing, delivery schedule, etc. when submitting language change requests as this information will not be reviewed prior to final selection of a top-ranked proposer. Failure of proposer to review and abide by this guidance and any lack of conveyance of such information to the 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.

PROPOSAL FORM

Proposal Time: 2:00 PM MT

Proposal Date: 8-4-2026

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 080.26 Pitkin County Safety Barrier Installation

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.

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 , 2025

(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.

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 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.

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 #009-2025, as previously amended by Ordinances #026-2005 & #03-2007 (copies available via the

PitkinCounty website at 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 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.

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 services or materials and shall not be obligated to provide services or materials for which funds have not been appropriated.

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