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HomeMy WebLinkAboutbocc.con.232.202019-12-17 CDD Contract Information Contract Number Project Name Contractor Budget Line Item 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 David Pesnichak County Representative Phone (970) 309-3188 Provide a brief description of the contract: Contract Value Summary: $ 65,000.00 $ - $ - $ 65,000.00 232.20 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 Integrated Mobility Study Phase 2 Fehr & Peers Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ - Sole Source Services/Maintenance 1/1/2021 12/31/2021 New Contract 12740100-531500-20 EOTC Contract to provide engineering and planning services for the second phase of the Pitkin County Mobility Study. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount New Contract Total Rev 2018-10-10 btf Note: Every effort should be made to obtain a written contract when otherwise required under County procedures. When a contract is obtained, complete the Clerk’s check list and send the original signed contract with coversheet to clerk’s office for archiving. 1 PITKIN COUNTY SOLE SOURCE PROCUREMENT JUSTIFICATION REQUEST TO: Jon Peacock, County Manager DATE: December 16, 2020 FROM: David Pesnichak, EOTC Proposed Contractor: Fehr & Peers Product/Service: Integrated Mobility Study - Phase 2 Estimate expenditure for the above Product/Service: $ 65,000.00 This form is required, and is to aid you, in documenting your Sole Source request. Complete all portions of this form. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original manufacturer, no regional distributor, standardization etc): Explain: Please reference the attached sole source that was approved by CDOT for use in the Upper Valley Transit Study. Rev 2018-10-10 btf Note: Every effort should be made to obtain a written contract when otherwise required under County procedures. When a contract is obtained, complete the Clerk’s check list and send the original signed contract with coversheet to clerk’s office for archiving. 2 The undersigned requests that Pitkin County waive other procurement requirements and recognize this transaction as a sole source exception to the Pitkin County Procurement Code. Department Head Section Head !#COUNTY REPRESENTATIVE#! Date !#SECTION LEADER#! Date County Manager Reason for Denial: ______________________________________________ !#COUNTY MANAGER SOLE#! Date David Pesnichak Dec-21-2020 Regional Transportation Administrator Public Works Director Dec-22-2020 Brian Pettet County Manager Jon Peacock Dec-31-2020 1 Integrated Mobility System, Phase 2 Analysis Request for Sole Source Pitkin County / Elected Officials Transportation Committee (EOTC) Request for Sole Source - Pitkin County requests the ability to sole source contractor services for the IMS Phase 2 to Fehr and Peers. The rationale for this request are as follows: - Fehr and Peers has been involved as a professional resource for the 31-member Community Task Force on Transportation and Mobility who created the Integrated Mobility System (IMS) concept in 2016 and 2017. - Fehr and Peers was retained by Pitkin County in 2020 to conduct the IMS Phase 1 analysis. The Phase 2 analysis, which is to be completed in 2021, is a continuation of the Phase 1. - The EOTC and jurisdictional staff have been satisfied with the work product that Fehr and Peers has provided to date through the development of the IMS concept in 2016 and 2017 as well as the IMS Phase 1 analysis in 2020. - Due to Fehr and Peers work on the development of the IMS concept and the IMS Phase 1 analysis, Pitkin County believes they possess background knowledge that is not replicable from any other consulting firm. By retaining Fehr and Peers for Phase 2 Pitkin County believes we can save time and money while also procuring a higher quality Phase 2 work product. _____________________________________________________________________________________ Project Description - The purpose of the Integrated Mobility System Analysis (IMS) Phase 2 is to carry the findings from Phase 1, conducted by Fehr and Peers in 2020, into an implementable plan. Phase 2 is to take place in 2021 following the completion of Phase 1 in 2020. The essential element of this phase will be to complete a more detailed travel and greenhouse gas analysis, develop performance measures and evaluation framework, develop an equity impact analysis, determine the anticipated impacts from autonomous vehicles, and provide a general traffic projections considering the impacts from COVID-19. Background, Goals and Purpose, Expected Outcomes and Project Tasks: 1. Project Background - The Community Forum Task Force on Transportation and Mobility is a 31-citizen member committee that was created to address the transportation issues that have plagued the upper Roaring Fork Valley. Its goal was to create a values-based vision for transportation and mobility in the upper Roaring Fork Valley for the year 2035 that would address traffic congestion as well as the mobility needs of our residents, commuters and visitors. Task force members sought solutions that would meet the established goal and be both politically achievable and financially viable. When the Community Forum Task Force began its work, many members expected that it would focus on one or more large-scale, capital-intensive transportation solutions. Instead, what emerged was a balanced “integrated mobility system” of programmatic solutions that could be experimented with and phased in over time. To address the challenge of induced traffic, which was determined to be a 2 significant challenge, the Committee developed this integrated system comprised of five key pillars to employ a framework of leveraging both carrots and sticks (incentives and disincentives). These complementary measures could be implemented as budgets permit over short, mid, and long-term time frames. Fehr and Peers played a key resource role in the development of the IMS in collaboration with the Community Forum Task Force. The Task Force recommended unanimously that work begin immediately to develop an integrated mobility system that includes the following five key elements: Ride sharing systems, Ride hailing systems, Enhanced bus rapid transit, High occupancy vehicle lane enforcement, and Congestion reduction measures. In 2019, the Elected Officials Transportation Committee (EOTC), a committee comprised of the City of Aspen City Council, Town of Snowmass Town Council, and the Pitkin County Board of County Commissioners, and the Roaring Fork Transportation Authority (RFTA) obligated almost $20,000 for Phase 1 of the professional analysis of the Task Force’s recommendations. The overall Phase 1 and Phase 2 analyses were expected to be a two-year project with Phase 1 in 2020 (complete) and Phase 2 in 2021. Phase 1 was conducted by Fehr and Peers. The Phase 1 study analyzed the potential effectiveness of the IMS to manage vehicle traffic in the upper valley, reduce overall and per capita Vehicle Miles Traveled (VMT), reduce carbon emissions related to transportation, and reduce the overall carbon footprint of the valley. This Phase 1 analysis included: - Review and Refinement of the Strategies – Refine the five principle strategies outlined in the IMS. This task provided more definition to each strategy so that the parameters of each of the systems could be identified and modeled on how effective the IMS would help improve mobility and manage traffic congestion (see next task). - Perform a High-Level Effectiveness Analysis of the IMS – The consultant evaluated the potential effectiveness of the Integrated Mobility System using off-the shelf tools, travel elasticities, and similar analytical techniques. The purpose of this analysis was not an exhaustive study of traffic implications or detailed Greenhouse Gas (GHG) analysis, but a general picture of the potential reduction in VMT, GHG emissions, and reduced single occupancy vehicle (SOV) travel. - Identify an Initial Implementation Framework – While the IMS provides a robust approach to managing vehicle travel in the upper valley, some elements are more complex and require more time and capacity to implement than others. 2. Project Goals and Purpose – The purpose of the Phase 2 analysis is to carry the results of Phase 1 forward to create a more detailed analysis and implementation plan for the IMS. The goal of this study is to promote a multimodal transportation system by reducing traffic congestion, decreasing friction for transit ridership, and increase first and last mile connectivity. 3. Expected Outcomes - By focusing on the whole transportation system from origin to destination, the IMS is anticipated to result in all of the following: - Benefits to seniors by making aging in place more feasible; - Benefits to residents of the rural Upper Roaring Fork Valley by providing a more flexible public transportation services; 3 - Provide enhanced mobility for persons with disabilities by increasing first and last mile connectivity as well as reducing friction on the main line transit service; and - Provide safe routes to school for children by increasing first and last mile connectivity as well as reducing friction on the main line transit service. The IMS Phase 2 analysis is to promote these outcomes by creating a feasible implementation plan for the System. This implementation plan shall include the components of Phase 2 including: performance measures and evaluation framework, travel analysis identifying the trips impacts should the IMS be implemented, a detailed greenhouse gas analysis, equity impact analysis, analysis of the risk and benefits of autonomous private and transit vehicles, and travel pattern analysis as a result of COVID-19. This study shall be completed by June 1, 2021. 4. Phase 2 Project Tasks Pitkin County will procure the assistance of a professional consultant to execute this study. This study shall be completed in collaboration with staff from the Town of Snowmass Village, City of Aspen, Pitkin County, and RFTA. This planning study is to include the following elements: a. Develop performance measures and an evaluation framework to ensure the IMS is working well and achieving the desired goals. b. More detailed travel analysis on what trips are likely to be affected by the IMS and more detail on how to mitigate some of the impacts caused by the IMS. c. Using the detailed travel analysis, perform a more detailed transportation GHG emissions analysis. d. Perform an equity impact analysis of the IMS to understand which groups might be disproportionally impacted and develop mitigation measures to address those impacts. e. Perform an autonomous vehicle risk and benefit assessment to understand how the IMS will need to be adjusted to a future with AVs (includes both private AVs and autonomous transit). f. Analyze the potential impacts from COVID-19 on the implementation of the IMS. The consulting team shall present the proposed findings to the staff from the Town of Snowmass Village, City of Aspen, Pitkin County, and RFTA. Jurisdictional staff shall have the opportunity to comment and make suggestions on the proposed findings. A final professional written report shall be developed documenting the methodology, process and findings of the Phase 2 Analysis. Representatives from the consulting team shall be available to present the study and/or answer questions from the Elected Officials Transportation Committee (EOTC) at their meeting currently scheduled for July 29, 2021. Contract # 232.20 Revision: 2018-06-13 btf Budget Line Item # 12740100-531500-20 1 PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT, made December 16, 2020 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 Fehr & Peers, 518 17th Street, Suite #1100, Denver, CO 80202 (hereinafter called the “Contractor”) to perform the following work: Integrated Mobility Study, Phase 2 (“Project”). I. Term of Contract: The term of this Contract is from January 1, 2021 to December 31, 2021. II. Contractor’s Obligations. Contractor shall perform a continuation of the integrated mobility study as detailed out in Attachment A – Detailed Scope of Work. The work noted in Attachment A is to be completed by June 1, 2021. Any change in deliverable dates must be approved by the project lead. III. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph II. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of sixty-five thousand dollars and zero cents ($65,000.00) 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 # 232.20 Revision: 2018-06-13 btf Budget Line Item # 12740100-531500-20 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. David Pesnichak, Regional Transportation Administrator will manage the project as the County’s Representative. In the event that David Pesnichak is not available, an authorized designee 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, o r 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 # 232.20 Revision: 2018-06-13 btf Budget Line Item # 12740100-531500-20 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 th e 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 # 232.20 Revision: 2018-06-13 btf Budget Line Item # 12740100-531500-20 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 # 232.20 Revision: 2018-06-13 btf Budget Line Item # 12740100-531500-20 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 Contract # 232.20 Revision: 2018-06-13 btf Budget Line Item # 12740100-531500-20 6 h. ☐ Pollution Liability i. ☐ Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1) Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days prior written notice has been given to the County, except when cancellation is for non -payment of premium, then ten (10) days prior notice may be given. Such notice shall be emailed directly to Procurement@pitkincounty.com. If the insurance carrier will not provide the required notice, the Consultant/Contractor and or its insurance broker shall notify the County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurers’ notification to that effect. Simultaneously with the Certificates of Insurance, the Contractor shall file with the Project Lead a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. 2) In addition, these Certificates of Insurance shall contain the following clauses: 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 # 232.20 Revision: 2018-06-13 btf Budget Line Item # 12740100-531500-20 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 # 232.20 Revision: 2018-06-13 btf Budget Line Item # 12740100-531500-20 8 XIX. FEDERAL TRANSIT ADMINISTRATION AND COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT CLAUSES A. NO GOVERNMENT OBLIGATION TO THIRD PARTIES The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. B. ACCESS TO RECORDS AND REPORTS (49 U.S.C. 5325, 18 CFR 18.36 (i), 49 CFR 633.17) 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non- profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contract # 232.20 Revision: 2018-06-13 btf Budget Line Item # 12740100-531500-20 9 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 7. FTA does not require the inclusion of these requirements in subcontracts. C. CIVIL RIGHTS REQUIREMENTS (29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.) Civil Rights - The following requirements apply to the underlying contract: 1 Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2 Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Contract # 232.20 Revision: 2018-06-13 btf Budget Line Item # 12740100-531500-20 10 Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3 The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. D. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. XX. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be Contract # 232.20 Revision: 2018-06-13 btf Budget Line Item # 12740100-531500-20 11 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: David Pesnichak 530 E. Main Street Aspen, CO 81611 Email: david.pesnichak@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: Fehr & Peers 518 17th Street, Suite #1100 Denver, CO 80202 Phone: (720) 539-7230 Email: A.Bowers@fehrandpeers.com XXI. 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 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 Contract # 232.20 Revision: 2018-06-13 btf Budget Line Item # 12740100-531500-20 12 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 # 232.20 Revision: 2018-06-13 btf Budget Line Item # 12740100-531500-20 13 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. FEHR & PEERS ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date MANAGER APPROVAL: ________________________________________________ !#COUNTY MANAGER#! Date Regional Transportation Administrator Dec-21-2020 David Pesnichak Principal Ann T. Bowers Dec-27-2020 Dec-31-2020 Jon Peacock County Manager Integrated Mobility System, Phase 2 Analysis Scope of Work Completion Deadline: June 1, 2021 Elected Officials Transportation Committee (EOTC) Project Description - The purpose of the Integrated Mobility System Analysis (IMS) Phase 2 is to carry the findings from Phase 1, conducted in 2020, into an implementable plan. Phase 2 is to take place in 2021 following the completion of Phase 1 in 2020. The essential elements of this phase will be to complete a more detailed travel and greenhouse gas analysis, develop performance measures and evaluation framework, develop an equity impact analysis, determine the anticipated impacts from autonomous vehicles, and provide a general traffic projections considering the impacts from COVID-19. Background, Goals and Purpose, Expected Outcomes and Project Tasks: 1. Project Background - The Community Forum Task Force on Transportation and Mobility is a 31-citizen member committee that was created to address the transportation issues that have plagued the upper Roaring Fork Valley. Its goal was to create a values-based vision for transportation and mobility in the upper Roaring Fork Valley for the year 2035 that would address traffic congestion as well as the mobility needs of our residents, commuters and visitors. Task force members sought solutions that would meet the established goal and be both politically achievable and financially viable. When the Community Forum Task Force began its work, many members expected that it would focus on one or more large-scale, capital-intensive transportation solutions. Instead, what emerged was a balanced “integrated mobility system” of programmatic solutions that could be experimented with and phased in over time. To address the challenge of induced traffic, which was determined to be a significant challenge, the Committee developed this integrated system comprised of five key pillars to employ a framework of leveraging both carrots and sticks (incentives and disincentives). These complementary measures could be implemented as budgets permit over short, mid, and long-term time frames. The Task Force recommended unanimously that work begin immediately to develop an integrated mobility system that includes the following five key elements: Ride sharing systems, Ride hailing systems, Enhanced bus rapid transit, High occupancy vehicle lane enforcement, and Congestion reduction measures. In 2019, the Elected Officials Transportation Committee (EOTC), a committee comprised of the City of Aspen City Council, Town of Snowmass Town Council, and the Pitkin County Board of County Commissioners, and the Roaring Fork Transportation Authority (RFTA) obligated almost $20,000 for Phase 1 of the professional analysis of the Task Force’s recommendations. Phase 1 was conducted by Fehr and Peers in 2020. The Phase 1 study analyzed the potential effectiveness of the IMS to manage vehicle traffic in the upper valley, reduce overall and per capita Vehicle Miles Traveled (VMT), reduce carbon emissions related to transportation, and reduce the overall carbon footprint of the valley. This Phase 1 analysis included: - Review and Refinement of the Strategies – Refine the five principle strategies outlined in the IMS. This task provided more definition to each strategy so that the parameters of each of the systems could be identified and modeled on how effective the IMS would help improve mobility and manage traffic congestion (see next task). - Perform a High-Level Effectiveness Analysis of the IMS – The consultant evaluated the potential effectiveness of the Integrated Mobility System using off-the shelf tools, travel elasticities, and similar analytical techniques. The purpose of this analysis was not an exhaustive study of traffic implications or detailed Greenhouse Gas (GHG) analysis, but a general picture of the potential reduction in VMT, GHG emissions, and reduced single occupancy vehicle (SOV) travel. - Identify an Initial Implementation Framework – While the IMS provides a robust approach to managing vehicle travel in the upper valley, some elements are more complex and require more time and capacity to implement than others. 2. Project Goals and Purpose – The purpose of this study is to carry the results of Phase 1 forward to create a more detailed analysis and implementation plan for the IMS. The goal of this study is to promote a multimodal transportation system by reducing traffic congestion, decreasing fiction for transit ridership, and increase first and last mile connectivity. 3. Expected Outcomes - By focusing on the whole transportation system from origin to destination, the IMS is anticipated to result in all of the following: - Benefits to seniors by making aging in place more feasible; - Benefits to residents of the rural Upper Roaring Fork Valley by providing a more flexible public transportation services; - Provide enhanced mobility for persons with disabilities by increasing first and last mile connectivity as well as reducing friction on the main line transit service; and - Provide safe routes to school for children by increasing first and last mile connectivity as well as reducing friction on the main line transit service. The IMS Phase 2 analysis is to promote these outcomes by creating a feasible implementation plan for the System. This implementation plan shall include the components of Phase 2 including: performance measures and evaluation framework, travel analysis identifying the trips impacts should the IMS be implemented, a detailed greenhouse gas analysis, equity impact analysis, analysis of the risk and benefits of autonomous private and transit vehicles, and travel pattern analysis as a result of COVID-19. This study shall be completed by June 1, 2021. 4. Project Tasks Pitkin County will procure the assistance of a professional consultant to execute this study. This study shall be completed in collaboration with staff from the Town of Snowmass Village, City of Aspen, Pitkin County, and RFTA. This planning study is to include the following elements: a. Develop performance measures and an evaluation framework to ensure the IMS is working well and achieving the desired goals. b. More detailed travel analysis on what trips are likely to be affected by the IMS and more detail on how to mitigate some of the impacts caused by the IMS. c. Using the detailed travel analysis, perform a more detailed transportation GHG emissions analysis. d. Perform an equity impact analysis of the IMS to understand which groups might be disproportionally impacted and develop mitigation measures to address those impacts. e. Perform an autonomous vehicle risk and benefit assessment to understand how the IMS will need to be adjusted to a future with AVs (includes both private AVs and autonomous transit). f. Analyze the potential impacts from COVID-19 on the implementation of the IMS. The consulting team shall present the proposed findings to the staff from the Town of Snowmass Village, City of Aspen, Pitkin County, and RFTA. Jurisdictional staff shall have the opportunity to comment and make suggestions on the proposed findings. A final professional written report shall be developed documenting the methodology, process and findings for the overall IMS. Representatives from the consulting team shall be available to present the study and/or answer questions from the Elected Officials Transportation Committee (EOTC) at their meeting currently scheduled for July 29, 2021. Certificate Of Completion Envelope Id: D75F3283DC844DDB82C76961EFE8AC41 Status: Completed Subject: Fehr & Peers | Pitkin County Contract 232.20 for Review and Signature Source Envelope: Document Pages: 22 Signatures: 6 Envelope Originator: Certificate Pages: 5 Initials: 0 Pitkin County Procurement AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) 530 East Main Street Suite 203 Aspen, CO 81611 Procurement@PitkinCounty.com IP Address: 24.9.118.68 Record Tracking Status: Original 12/21/2020 3:19:34 PM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp David Pesnichak david.pesnichak@pitkincounty.com Regional Transportation Administrator Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 76.25.143.186 Sent: 12/21/2020 3:29:46 PM Viewed: 12/21/2020 3:31:16 PM Signed: 12/21/2020 3:33:08 PM Electronic Record and Signature Disclosure: Accepted: 12/21/2020 3:31:16 PM ID: 7c77521c-009a-4022-81cf-0802c9ff1425 Company Name: Pitkin County, Colorado Brian Pettet Brian.Pettet@PitkinCounty.com Public Works Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 71.196.148.43 Sent: 12/21/2020 3:33:12 PM Viewed: 12/21/2020 3:36:35 PM Signed: 12/22/2020 1:14:27 PM Electronic Record and Signature Disclosure: Accepted: 12/21/2020 3:36:35 PM ID: 4cacd5fe-bea9-4cef-8133-d914afdea390 Company Name: Pitkin County, Colorado Ann T. Bowers A.Bowers@FehrandPeers.com Principal Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 98.38.43.124 Sent: 12/22/2020 1:14:31 PM Viewed: 12/27/2020 1:55:15 PM Signed: 12/27/2020 1:55:32 PM Electronic Record and Signature Disclosure: Accepted: 12/27/2020 1:55:15 PM ID: 10b5faf1-1611-42de-86b0-276c59e8b7a8 Company Name: Pitkin County, Colorado Signer Events Signature Timestamp Jon Peacock Jon.Peacock@PitkinCounty.com County Manager Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 75.71.107.170 Sent: 12/27/2020 1:55:36 PM Viewed: 12/31/2020 11:14:01 AM Signed: 12/31/2020 11:14:14 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign 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 Pitkin County Security Level: Email, Account Authentication (None) Sent: 12/31/2020 11:14:18 AM Resent: 12/31/2020 11:14:24 AM Viewed: 1/26/2021 12:03:17 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: 12/31/2020 11:14:20 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 12/21/2020 3:29:46 PM Certified Delivered Security Checked 12/31/2020 11:14:01 AM Signing Complete Security Checked 12/31/2020 11:14:14 AM Completed Security Checked 12/31/2020 11:14:20 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. 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