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PLANNING & BUILDING DEPARTMENT 418 E. 2nd St. Whitefish, MT 59937 (406) 863-2410 Fax (406) 863-2409 REQUEST FOR PROPOSALS NOXIOUS WEED REMOVAL SERVICES Proposals Due: June 1st, 4:00 P.M. Contact: Michael Samdahl Phone Number: (406) 863-2410 Email Address: msamdahl@cityofwhitefish In accordance with Whitefish Municipal Code Section 4-3-1, the City of Whitefish, Montana (the “City”) is requesting Proposals from qualified lawn and landscaping professionals’ services to assist the City of Whitefish in enforcing noxious weed removal in cases of non-compliance. The City may engage one or more individuals/businesses (independent contractors) throughout the 2023 summer season (June 1st – Oct 31st) to remove or mitigate noxious weeds from private property and public rights-of-way as directed. Independent Contractors interested in providing the service on an instance-by- instance, as needed basis, are encouraged to submit a proposal. The complete submittal requirements are available by emailing the contact information below or visiting the City website at www.cityofwhitefish.org under Business and Bid Opportunities. In summary, the proposal must include the following information: • Contact person and contact information including phone number and email address. • A list of equipment and supplies that may be used in completing requested work. • A fee schedule, including the following: • A standard minimum ½ hour charge • A standard hourly charge after the first ½ hour. • A valid City Business License. Independent Contractors engaged by the City of Whitefish must have a current City Business License for weed removal or landscape services and proof of insurance per APPENDIX A. Proposals will be accepted until 4 PM, Thursday, June 1, 2023 Proposals should be delivered to The Planning and Building Department in City Hall, emailed to [EMAIL REDACTED], or mailed to: City of Whitefish Attn: Michael Samdahl, Code Compliance ---PAGE BREAK--- PO Box 158 Whitefish, MT 59937 Independent Contractors selected to provide services will be asked to sign a contract for the 2023 Weed season. Questions concerning this invitation may be directed to Planning and Building by calling (406) 863-2410 Publish: May 24, 2023 May 31, 2023 See APPENDIX A for details. Questions concerning this invitation may be directed to Planning and Building by calling (406) 863-2410 ---PAGE BREAK--- APPENDIX A: Processes and Procedures Processes and Procedures: Noxious Weed Removal COMMUNICATION / DIRECTION: a) The process for directing the contractor to address locations for Weed removal will be: i) City of Whitefish receives complaint ii) Code Compliance Officer investigates complaint location, which can either be on private property, or in any adjacent boulevard, green strip, or roadside that is owned by the City, State, or any other agency. iii) Upon confirmation of noxious weeds on the city noxious weed list (City Code Section 4-3-1), the officer will leave a warning notice door hanger on the front door (if available), and/or send letter to registered property owner. iii) If noxious weeds are not removed within 10-14 days of the letter being sent or door hanger left, the city will notify contractor to perform services. The Code Compliance Officer will notify the contractor by email so both parties will have a digital copy of the communication. iv) Contractor will provide noxious weed eradication/removal at location. v) Contractor will provide invoice to Code Compliance Officer within seven days (information found in Section 4, Payment) SCOPE OF SERVICES: a) Independent Contractor, with a valid City of Whitefish business license, that is issued a “Noxious Weed Removal Order” shall furnish all labor, equipment and materials necessary to complete the work in a safe and timely manner. b) Weeds can be removed either by mowing or by applying herbicide. c) Weed removal shall take place between 7 a.m. and 10 p.m., Monday through Friday only, exclusive of holidays. d) The intent is to remove noxious weeds from private property and in the public right of way or boulevards, as requested. e) Any objection to the weed removal work, by a property owner or occupant, shall result in immediate cessation of work at the location. Independent contractor shall immediately notify the Planning and Building Department staff of such objection. ---PAGE BREAK--- 3) NOTIFICATION / RECORD OF PERFORMANCE: a) Independent Contractors selected to perform noxious weed removal services will be contacted via email. b) Records of performance will be kept by the city to ensure that contractor performs work adequately according to the parameters advertised in the (RFP): Responsiveness: Has the Work been done to the satisfaction of the City. Quality of Work: Has the work been done to the satisfaction of the City. Efficiency: Was the work completed within a reasonable amount of time at a reasonable cost. Character of Workers: The independent contractor is expected to perform the work in a skilled and professional manner as well as exhibit a temperate and courteous demeanor in personal contacts with citizens or agents of the City. 3) TIME OF COMPLETION: a) Upon receipt of the “Noxious Weed Removal Order” by email, the independent contractor will begin noxious weed removal within 24 hours. A before and after photo of the work site, including date and timestamp, will be required via email to facilitate payment. b) Extensions of time may be requested in cases of inclement weather. The Planning and Building Department may grant extensions to complete the work. 4) PAYMENT: a) The Planning and Building Department must receive invoices within seven days of completing noxious weed removal for each individual property. The City of Whitefish shall, upon receipt of an invoice within the contract and after confirming that the completion of work is acceptable, provide payment in accordance with the standard City of Whitefish accounts payable process at the hourly rate quoted by independent contractor in their Contract. No payment will be made until Planning and Building staff accepts the work performed. b) Minimum Payment: The independent contractor will be paid a minimum of ½ hour per location, only if weed removal is performed. A maximum of $25.00 will be paid to the independent contractor if the site is in compliance upon arrival. Before and after photos of each location is required to facilitate payment. Note ---PAGE BREAK--- that non-compliant property owners are billed by the city for cost of the weed removal contract service rendered. c) Invoice: The invoice must contain the following information: Company Name and Address. (ii) Invoices must include the property address or description as specified on the “weed removal order.” (iii) An itemized cost breakdown showing equipment used, hours, 5. CONTRACTOR STATUS: a) Service Provider acknowledges that he/she/they are an independent contractor and not an agent, partner, joint venture, nor an employee of the Client. Service Provider shall have no authority to bind or otherwise obligate the Client in any manner, nor shall the Service Provider represent to anyone that it has a right to do so. b) Service Provider shall, at his/her/their own expense, be solely responsible for protecting its employees, sub-Service Providers, material suppliers, and all other persons from risk of death, injury or bodily harm arising from or in any way related to the Services or the site where it is being performed. ln addition, Service Provider agrees to act in accordance with the rules and regulations administered by federal law and OSHA. Service Provider shall he solely responsible and liable for any penalties, fines, or fees incurred. c) Prior to commencing the Work, Service Provide shall provide proof of insurance coverage for a policy of liability insurance in an amount of not less than $1,500,000 per occurrence that includes liability for accidents occurring during this agreement that are attributable to Service Provider’s or its agents' conduct, which policy shall name the City as an additional insured. In addition, Service Provider agrees indemnify, defend and hold the City, its officials, employees and agents harmless from any and all causes of action, claims, damages and liabilities incurred that are attributable to Service Provider’s or its agents' conduct. Such obligation to defend shall include payment by Service Provider of reasonable attorneys' fees incurred in the defense of the City. ---PAGE BREAK--- APPENDIX B: Noxious Weed Removal Notification Letter (To Citizen) Date: Whitefish, MT. 59937 Location of noxious weeds: To Whom it May Concern, I am writing to inform you that the city has verified the presence of noxious weeds your property. The presence of noxious weeds was either observed by the City or we received a complaint. Section 4-3-2 of the City of Whitefish’s Municipal Code provides that no owner of any lot within the City limits shall permit noxious weeds on such lot or adjacent right of way. The existence of such weeds constitutes a public nuisance. The Code further provides that if an owner fails to remove such weeds the City can proceed to have them mowed or eradicated and assess the cost thereof to the property involved. Recognition of noxious weeds can be found at www.mtweed.org or by species in the City Code under 4-3-1. We identified the following noxious weed species on site: We request that the weeds be removed by 2023, or the City will hire a contractor to remove the weeds at your expense. The issue can be resolved by mowing the area with weeds, hand pulling, and/or spraying herbicide. If not removed by the above date, the City will abate the nuisance and bill the homeowner the cost of abatement plus a twenty percent (20%) administrative fee. If you have any questions pertaining to the City’s ordinance on weed abatement or would like a list of private mowers, please call the City Code Enforcement Office at 863-1242. Thank you for your compliance to this matter and helping to keep noxious weeds under control in the City of Whitefish. Sincerely, Michael Samdahl Code Compliance Officer [EMAIL REDACTED] ---PAGE BREAK--- APPENDIX C: City of Whitefish Code 4-3-1: Weeds NOXIOUS WEEDS: Any exotic plant species that may render land unfit for agriculture, forestry, livestock, wildlife or other beneficial uses, or that may harm native plant communities. Priority 2B: Priority 2B is defined as noxious weeds that are currently established and are generally widespread in many counties of the State. Management criteria include awareness and education, containment and suppression of existing infestations and prevention of new infestations. These weeds are capable of rapid spread and render land unfit or greatly limit beneficial uses. Canada thistle (Cirsium arvense) Common tansy (Tanacetum vulgare) Curlyleaf pondweed (Potamogeton crispus) Dalmation toadflax (Linaria dalmatica) Diffuse knapweed (Centaurea diffusa) Field bindweed (Convolvuvlus arvensis) Hoary alyssum (Berteroa incana) Hound's tongue (Cynoglossum officinale) Leafy spurge (Euphorbia esula) Oxeye daisy leucanthemum) Russian knapweed (Centaurea maculosa) St. Johnswort (Hypericum perforatum) Saltcedar (Tamarix spp.) Spotted knapweed (Centaurea repens) Sulfur cinquefoil (Potentilla recta) Whitetop or hoary cress (Cardaria draba) Yellow Toadflax (Linaria vulgaris) Priority 2A: Priority 2A is defined as noxious weeds that have recently been introduced into the State or are rapidly spreading from their current infestation sites. These weeds are capable of rapid spread and invasion of lands, rendering lands unfit for beneficial uses. Management criteria include awareness and education, monitoring, and containment of known infestations and eradication where possible. Baby's breath (Gypsophila paniculata) Common buckthorn (Rhamnuscathartica Eurasian watermilfoil spicatum, spicatum x Myriophullum sibiricum) Flowering rush (Butomus umbellatus) Meadow hawkweed complex (Hieracium pratense, H. floribundum, H. piloselloides) ---PAGE BREAK--- Orange hawkweed (Hieracium aurantiacum) Perennial pepperweed (Lepidium latifolium) Russian thistle (Salsola tragus) Tall buttercup (Ranunculus acris) Tansy ragwort (Senecio jacobaea) Tumble mustard altissimum) White campion (Silene latifolia) Yellow flag iris (Iris pseudacorus) Priority 1B: Priority 1B is defined as noxious weeds that have not been detected in the State or may be found only in small, scattered, localized infestations. Management criteria include awareness and education, early detection and immediate action to eradicate infestations. These weeds are known pests in nearby states and are capable of rapid spread. Blueweed (Echium vulgare) Knotweed complex (Polygonum cuspidatum, P. sachalinense P. x bohemicum, Fallopia japonica, F. sachalinensis, F. x bohemica, Reynoutria japonica, R. sachalinensis, and R. x bohemica) Purple loosestrife salicaria) Rush skeletonweed (Chondrilla juncea) Scotch broom (Cytisusscoparius) Priority 1A: Not a high priority for treatment but can get out of control if not watched. Common reed (Phragmites australis ssp. australis) Dyer's woad (Isatis tinctoria) Medusahead (Taeniatherum caput-medusae) Yellow starthistle (Centaurea solstitialis) 4-3-2: NUISANCE; MISDEMEANOR; MUNICIPAL INFRACTION: Every owner of a lot or parcel of land within the City limits shall take such steps as are necessary, including, but not limited to, mowing, pulling, and applying herbicide (where lawful and appropriate) or biological controls (all of which steps are collectively referred to as "eradicate") to eradicate "noxious weeds" (as defined in this chapter) on such lot, and including any adjacent boulevard, greenstrip, borrow pit or roadside that is owned by the City or any other public agency. No owner of any lot or parcel within the City limits, or agent of such owner, shall permit noxious weeds on such lot or parcel, and including any adjacent boulevard, greenstrip, borrow pit or roadside that is owned by the City or any other public agency. The existence of such noxious weeds shall constitute a public nuisance. Any person violating this provision shall, upon conviction, be guilty of a misdemeanor, and shall be punished as set forth in section 1-4-1 of this Code and in this chapter. Any person violating this provision shall be deemed to have committed a Municipal infraction and shall be assessed the civil penalty described in section 1-4-4 of this ---PAGE BREAK--- Code. For each separate incident, the City shall elect to treat the violation as a misdemeanor or a Municipal infraction, but not both. If a violation is repeated, the City may treat the initial violation as a misdemeanor and the repeat violation as a Municipal infraction, or vice versa. Each day that a violation remains shall constitute a separate violation. 4-3-3: NOTICE TO ERADICATE: Whenever the City discovers that noxious weeds exist on any lot or parcel subject to this chapter, the City shall notify the owner of the property in writing, or if no such person can be found, the City shall notice the person in control of the property, in writing. The notice provided by the City may take one of two forms: A. The City may, in its discretion, identify in such notice the specific types of noxious weeds discovered, and identify the most effective eradication measures that are to be taken with respect to such weeds. Such notice shall require that the owner or person in control take such eradication measures within ten (10) days of the date that the notice is mailed. In lieu of immediate eradication, the owner or person in control may, within such ten (10) day period, enter into a written agreement, satisfactory to the City, providing for eradication measures within a time frame satisfactory to the City. B. The City may, in its discretion, notify the owner or person in control of the existence of noxious weeds, and require that such person, within ten (10) days of mailing of the notice, meet with a City employee to identify the types of weeds in existence and the most effective eradication measures, and agree in writing to take such eradication measures within a time frame satisfactory to the City. Any notice provided pursuant to this section shall require that the owner or person in control eradicate such weeds on any adjacent boulevard, greenstrip, borrow pit or roadside that is owned by the City or any other public agency. The notice shall further inform the owner or person in control that upon the failure to eradicate such weeds within a specified time, the City may proceed to have such weeds eradicated and assess the cost thereof to the property involved. Finally, the notice shall provide that if because of age or physical disability the owner or person in control is unable to physically comply with the notice, they can, in writing, request assistance from the City, in which case the Weed Education Outreach Committee shall be contacted to provide volunteer assistance. If the City determines that the person making the request qualifies for such volunteer assistance, it shall delay any enforcement action so long as such person cooperates with the City and volunteers. The notice described in this section shall be served by first class mail, postage prepaid. In case service by mail is not feasible, then the notice shall be published once a week for two weeks in a newspaper in the City of Whitefish. The last date of publication shall be not less than seven days prior to the date upon which the City commences the eradication of such weeds. 4-3-4: ERADICATION BY CITY OF WHITEFISH: Upon the failure, neglect or refusal of any owner or person in control to eradicate noxious weeds growing, lying or located upon the property of the owner, including any adjacent boulevard, greenstrip, borrow pit or roadside that is owned by the City or any other public agency, the Zoning Administrator or designee may eradicate such noxious weeds, through the use of City employees or private forces. The Zoning Administrator or designee shall report to the City Clerk the costs of such eradication. The City Clerk shall make an additional charge of twenty percent (20%) to cover the City's administrative costs. The total costs shall be assessed against the lot or parcel of land from which or adjoining which the noxious weeds have been eradicated by action of the City. The City Clerk shall cause the aforesaid cost to become a lien against the property involved. Nothing herein shall prevent the City from maintaining a civil action to recover all of such costs. 4-3-5: ENFORCEMENT: If any person fails to comply with any provision of this chapter, or fails to comply with a notice delivered pursuant to section 4-3-3 of this chapter, or fails to comply with any written agreement executed by such person pursuant to section 4-3-3 of this chapter, such failure shall constitute a misdemeanor and a violation of this chapter, and shall also constitute a Municipal infraction, and ---PAGE BREAK--- the Zoning Administrator or designee shall take any one of the following actions, as deemed appropriate: A. Issue a civil citation pursuant to section 1-4-5 of this Code. B. Direct the City Attorney to issue a civil complaint and summons. C. Direct the City Attorney to initiate a criminal prosecution. For each separate incident, the City shall elect to treat the violation as a misdemeanor, as a Municipal infraction, or as a matter to be enforced through a civil action. If a violation is repeated, the City may treat the repeat violation differently than it treated the initial violation and may utilize a different remedy. For the second and any subsequent violation with respect to the same property owner or person in control and the same property, the City may proceed immediately to eradication of such weeds as provided in section 4-3-4 of this chapter, without first notifying the owner or person in control and providing an opportunity for such person to eradicate the weeds. In such case the City shall recover the cost of eradication and recover administrative costs by creation of a lien against the property involved, or through a civil action, or both. 4-3-6: CONTINUING VIOLATION: Every violation of this chapter shall be a separate and distinct offense, and in the case of a continuing violation, each day's continuance thereof may be deemed to be a separate and distinct offense. The existence of a criminal, civil, or other remedy, or the pendency of a criminal, civil, or other proceeding, under the provisions of this chapter, shall not be construed to affect the right of the City to proceed with enforcement of any and all of the provisions hereof by whatever lawful means are available to the City.