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HomeMy WebLinkAboutbocc.con.098.2003 CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING Originating Department/Division: Pitkin County Public Works/Project Management Contact Person: Jodi Smith, Prqiect Manager Phone#: 920-5396 or 618-3717 ~CC AGENDA ITEM (BOCC signature required) _ STAFF AUTHORIZED SIGNATURE (as per Procurement Code) Check Contract Type: Dollar Amounl: ._ A Services Intergovernmental Agreement Maintenance CONTRACT (Retluires BOCC Action) --~ Non Profit License/Use Lease Quasi-Public Construction Grant Agreements (Requires BOCCAction) Purchase APPROVED BY BOCC Other Employment ON Signatures Required: Under 25K - Department Head ...... 25-50K - Department Head (if appropriate), Section Leader Over 50 K- Department Head (if appropriate), Section Leader, County Manager ContractorfBusiness (Complete Name): ~}Xlv~.,/! ~ Contract Start Date: t4-~/'~l:~ Contract End Date: Automatic Renewal (Y/N): 1,.3 All Contracts should be proofed for the following: · No Pages Missing ? :: ~ , · If a Page is Left Intenti6n'~lly Bl'ank ~- Note on Page · Page numbered consecutively · Ail Signatures Affixed · All Dates Filled In · Ail Other Blanks Filled In · All Exhibits Attached · All Legal Descriptions Attached (if appropriate) /~ N~tice of Award/Proceed Attached (if appropriate) S~nt yo~CI_~ff_~ and Recorder for Scanning/Archiving i S~ inclF~a(es that doct s been proofed and ready for scanning. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. NOT'£CE OF AWARb bate: March 18,2003 TO: Felsburg Holt & Ullevig 7951 E. Moplewood Ave. 5to. 200 Greenwood Village, CO 8Oil1 The Owner, having duly considered the Proposal submitted on March 5, 2003, for the work covered by the Contract Document titled 2030 ]:ntermountoin P, eqional Transportation Plan in the amount of }60,570.00 and it appearing that the Price and other information in you Proposal Form is fair, equitable and to the best interest of the Owner, the offer in your Proposal Form is hereby accepted. Tn accordance with the terms of the Contract Documents, you are required to execute the Agreement in three copies within ten {10) consecutive days from and including the date of this Notice of Award. Zn addition you are required to furnish in the said time Certificates of Znsurance evidencing compliance with the requirement for insurance as stated in the Contract bocuments to Brian Pettet, 76 5¢rvice Center Rd. Aspen, CO 81611 970-920-5374 (fax)., Brian ~et~t -l~ate I +++++++++++++*++ACCEPTANCE OF NOT'/:CE+++++++++++++++++ Receipt of the above Notice of Award is hereby acknowledged Rev. 10/02102 CONTRACT A~REEMENT FOR PROVISION OF PROFESSIONAL SEP, VICE5 THIS AO~REEMENT FOR PROVISION OF PROFESSIONAL SERVICES (the "Agreement") is made and entered by end between Pitkin County, Board of County Commissioners ("Pitkin County") and Felsburg Holt & Ullevig (hereinafter "Contractor"). l. Purpose. The purpose of this Agreement is to provide a comprehensive analysis of the existing transportation conditions and expected conditions in the Intermountoin Transportation Plonning Region. See EXHIBIT A 2. Term. The term of this Agreement is from April ], ZOO3 to ~une Z, ZOO4. AC the expiration of the initial term, the Agreemen¢ may be extended for an additional term of up ~o 30 d~ys by the expr~s written consent of both parties. 3. Contractor's Obliqetions. ~ontractor shell provide ~n ~nalysis which includes ¢wlua¢ing regional values, visions, goals, ob~ectiws and strategic. !t will include inventory end socio-economic and environmental profile. Mobiiiey demand ~nd alterna¢ives will be part of the ~nalysis. A preferred plan along with ~ prioritiz~tion process shall be completed. ~e work will include constraining the plan based on anticipated funding availability. ~e work shall be consisten¢ with 5ta¢e and Federa[ requirements end ¢he plan sh~lJ be prepared for final submission ~o the 5tats for inclusion in the sta¢ewide transportation plan. 4. Comp~sation end Exp~s~ Invoicinq and P~men?. ~¢ Coun~ shell p~y th~ Contractor for performance of servic~ hereunder. Payment of invoic~ submitted by Contractor hereunder is contingent upon comple¢ion of ~ch t~k to the satisfaction of the County. Invoic~ shall itemize specific work done to complete the ¢~k, and include receipts for all reimbursable items. Within ¢hir~ (30) d~s of receipt of ~n invoice end epprowl thereof ~ required hereunder, payment shell be made by the County. In no event shall ¢he total charg~ for servic~ end reimbursem~ts exceed $60,57~.00. In the ev~t ehe Contrec¢or incurs ¢ime and exp~s~ above said amount, no compensation for said addi¢io~l time and ~p~s~ shell be required ~o be prod by the Coun~ wiehou¢ writ?~ authorization by ¢he CounW. 5. County's Exclusive Ownership of Work Produce. All work produced pursuant to this Agreemen¢ becom~ the proper~ of PiPkin Count. 6. Pitkin ~oun~'s Obliqations. Pitkin County shall administer Chis Agreement through a County Eepr~¢ntetive. Brian Petee? will manege the pro~ect as the County's Representa¢ive. In the event that Brian Petter is no¢ available, Temple ~bssier shall ~ssume the CounW Representa¢ive's duti~. The services provided end products delivered by the Contractor under this Agreement will be sub~¢c¢ to review by the County's Representatives, or a d~ignee, for compliance herewith. The review comments of the County's Representative m~y be reported in writing es needed ~o the Contractor. To prevent an unr~sonable delay in the Contractor's work, the Count's VI-24 Representative will endeavor to examine all deliverable products and other documents and will accept some and authorize payment or will specify necessary changes within ten (10) working days of receipt of such documents. 7. Cancellation. In addition to the right of termination referenced in Exhibit B hereto, Pitkin County reserves the right to cancel this Agreement for unsatisfactory performance of Contractor's obligations as determined by Pitkin County in its sole discretion, upon written notice to Contractor as provided in Paragraph ll herein. 8. Required Clauses. Pitkin County's Required Clauses, including provisions for insurance and indemnification, are attached hereto as Exhibit B and incorporated by this reference. c). Zndependent Contractor Status. a. The parties to this Agreement intend that the relationship between them contemplated by the Agreement is that of independent Contractor. Contractor, and any agent, employee, or servant of contractor shall not be deemed to be on employee, agent, or servant of Pitkin County. b. Contractor is not required to offer his services exclusively to Pitkin County under this Agreement. Contractor may choose to work for other individuals or entities during the term of this Agreement, provided that the basic services and deliverable products required under this Agreement are submitted in the manner and on the schedule defined under this Agreement. 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 Agreement. 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 Agreement. e. Contractor is not entitled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FZCA and other income taxes. 10. Assiqnoblility. This Agreement is not assignable by either party. ll. 5everability. If any clause, provision, subsection, Section or Article of the Agreement shall be held to be invalid, illegal or unenforc~ble for any reason, the invalidity, illegality or unenforceability of such clause, provision, subsection, 5¢ction or Article shall not affect any of the remaining provisions of the Agreement. 12. Notice. Any written notice required by this Agreement shall be deemed delivered on the happening of any of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: VI-25 H a. To Pitkin County Brian Pettet 76 Service Center Rd. Aspen, CO 81611 FAX (970) 920-5374 with copies to: Pitkin County Attorney's Office 530 E. Main Street, #302 Aspen, Colorado 81611 Fax: (970) 920-5198 b. To Contractor: Felsburg Holt & Ullevig 7951 E. Maplewood Ave. 5te. 200 Greenwood Village, CO 80111 FAX (303) 721-0832 13. Modification. This Agreement may only be modified by written agreement of both parties hereto. Any modifications hereof ore subject to the requirements of the Pitkin County Procurement Code and the Required Clauses attached hereto as Exhibit 8. TN W[TNE55 WHEREOF, the parties have executed this Agreement os of the date first set out herein above. CONTRACTOR: Hilory Fie Smith, County Manager Dote VI-26 PUBLZC NO ~' REC~L/EST FOR PROPOSAL5 REQUEST FOR PROPOSADS TO PROVIDE PROFE$$TONAL SERVTCE$ FOR 8030 [ntermountain Regional Transportation Plan Pitkin County will accept proposals from interested parties to provide Services for the 2030 Zntermountain Regional Transportation Plan. This work will include a comprehensive analysis of the existing transportation conditions and expected conditions in the Intermountain Transportation Planning Region. This analysis will include evaluating regional values, visions, goals, objectives and strategies. It will include inventory and a socio-economic and environmental profile. Mobility demand and alternatives will be part of the analysis. A preferred plan along with o prioritization process shall be completed. The work will include constraining the plan based on anticipated funding availability. The work shall be consistent with State and Federal requirements and the plan shall be prepared for final submission to the 5tote for inclusion in the storewide transportation plan. More detailed information may be obtained by contacting: Brian Petter Director of Public Works Pitkin County 76 Service Center Road Aspen, Colorado 81611 970-920-5390 Proposals must be received at the above address no later than lO:00am, MST, on March 5, 2003, to be considered. Published in the Aspen Times and Valley ,Tournal: February 8, 15, 2003 PZ'I'IC~N COUNTY, COLORADO RECIL/EST FOR PROPOSAL5 PROPOSER'$ ZNSTRUCT~ON$ AND 5COPE OF SERV3:CE$ FOR THE 2030 Tntermountain Regional Transpom'ation Plan PROPOSALS MU$T BE SUBMZTTED NO LATER THAN Mcmch 5, :>003 Z0:0Oam MST VI-2 ? RE(~UE$'F FOR PROPOSAL~ Z030 Tntermountain Reqional Transportation Plan 1. TNTRODUCT'J:ON TRANSPORTATION PLANNIN~ 5ERVTCE5 Pitkin County (hereinafter the "County") will accept proposals from interested parties for the Pitkin County ?030 Zntermountain Regional Transportation Plan. The geographic area shall include all of the Zntermountain Transportation Planning Region which includes ~orfield, Eagle, Pitkin, Summit and Lake Counties. This work will include a comprehensive analysis of the existing transportation conditions and expected conditions in the Tntermountain Transportation Planning Region. This analysis will include evaluating regional values, visions, goals, objectives and strategies. ]It will include inventory and a socio- economic and environmental profile. Mobility demand and alternatives will be part of the analysis. A preferred plan along with a prioritization process shall be completed. The work will include constraining the plan based on anticipated funding availability. The work shall be consistent with 5tote and Federal requirements and the plan shall be prepared for final submission to the 5tote for inclusion in the statewide transportation plan. 2. SCOPE OF WORK The scope of work is attached as exhibit "A". 3. SELECT'~ON PEOCE$$ A. Proposer shall submit 6 copies of their proposals for this project o~ outlined in the Request for Proposals and 5cope of Services, or on alternately developed plan as developed by Proposer in response to and in accordance with this Request for Proposals and Information to Proposers attached hereto. The format for such proposals shall be os follows: B. The proposal must contain name, address, and daytime phone number(s) for person(s) ,o whom additional selection process requests should be communicated; C. A proposed approach (description of how Proposer will proceed with this project), time- table for the project, and proposed method of compensation for services rendered; D. A statement of C~ualifications of the Proposer; E. References; F. A completed Proposal Form: 6. A list of similar work performed: H. Proposer may be required to supply additional information upon request, or to make additional submissions under secondary selection criteria, if necessam/. I. All Proposals shall be sent, and any and all questions or comments directed to the Procurement Officer as follows: Brian Petter Director of Public Works 76 Service Center Road Aspen, CO 81611 ~. AWl proposals must be in a sealed envelope and clearly marked in the lower left-hand corner: "Proposals for 2030 Intermountain Regional Transportation Plan ". All proposals must be received by March 5, 2003, 10:00om MST at 76 Service Center Rood Aspen, Colorado 81611, at which time they will be publicly opened. The County will not accept facsimile (foxed} proposals unless such o proposal is delivered os follows: If a proposal or part of a proposal is to be delivered to the above address via a for. simile transmission (fax machine}, it will be the responsibility of the Proposer to provide personnel to insure that the fax transmission is delivered in the required sealed envelope directly to the Project Manager by or before the date and time of proposal opening. The Procurement Officer or other staff members will not be responsible for insuring this timely delivery. In the event of such fax transmission, the Proposer will be additionally responsible for providing an original, signed copy of the document transmitted to the Office of the Procurement Officer no later than two (2) working days after the dote of transmission, and for the production of the required set of (amount) copies. K. During the Request for Proposal selection process, all proposals shall remain confidential. The entire selection process (procurement) file shall be opened 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. 4. EVALUATION CRITEP,.T.A Approach to Project 40% The Consultant shall prepare a brief statement as to how he intends to handle: i. the Project; JJ. the Project scheduJe; iii.the personnel assignments, including qualifications and experience of those personnel; iv. the time estimates of personnel assigned to the Project; and v. other pertinent facts List of Similar Work 15% The Consultant shall submit examples of work with governmental agencies and work'of similar size and type. Estimated Cost of ~ervices, including Reimbursables - List of Reimbursables should be submitted with a top-set 35% The Consultant shall list al_il cost assumed necessary to provide a completed product, including cost of sub-consultants, reimbursables, and miscellaneous. The Consultant shall provide a list of standard hourty rates for personnel, in general, i.e.: Principal engineer Technician etc. List of I~eferences 10 % 5. T'ZME ITNE 1. March 5, 2003. Submittals returned to the County. 2. March t4, 2003. The selection committee meets to review and evaluate proposals; requests additional information if necessary; "short lists," if necessary; notifies unsuccessful proposers, if necessary 3. March 17, 2003. Announce top-ranked proposer. Begin contract negotiations. Notify unsuccessful proposers 4. March :~c), ;~003. Notice of Award 5. March 19, 2003. Notice to Proceed 6. SELECTZON COMNu. ~ ~ EE Voting Membership Brian Pettet, Procurement Officer Eagle County I~¢presentative (~arfield County Representative Lake County Representative Summit County Represe~ntative Legal Counsel, Ex-Officio Member ~ohn Ely, Pitkin ~ounty Attorney ~ommunications b~tw¢~ proposers and any members of the s~l¢ction committ~ during the selection proc~s, ~cept wh~ and in the manner expr~sly authorized by the proposal docum~ts, is strictly prohibited. Viobtion of this requirem~t is grounds for disqualification f~om th~ proc~s. 7. ~ ~tir¢ selection proc~s (procur~m~t) file shall be op~ to the public after contract is approved, except as to the those items which confidentiality has r~u~ted in writing by the proposers and has been reviewed and determined by the County Attorney to be properly confidential under the State Open Records Act and other relevant statutes and regulations. Unsuccessful applicants are entitled to a prompt debriefing by the Procurement Officer on re~son(s) for lack of success; but, are expressly not entitled to o point-by-point comparison to other proposers. All proposal documents submitted and not withdrawn prior to the public opening shall become the property of the County and may, thereafter, be used by the County without compensation to the proposer for any lawful purpose. *PROPOSAL FOI;~M Proposal Time: lOom MST Proposal I)ote: March §, 2003 From: To: THE PITK!N COUM~ BOARD OF COMMISSIONERS c/o Bri~ P~ttet bir~ctor of Public Wor~ 76 5e~ice C~ter Asps, Colorado 8~6~ Fo~: ~030 ~nte~mountain Eegio~l T~anspomation Plan Pu~s~nt to a ~u~t by the Pitkin Coun~ Commissioners, t. he undersigned p~opose~ having ~amined the Cant~act Docum~ts, including the site o~ the p~oposed work ~d being familia~ with condi?io~ surrounding the construction of the p~oposed P~o~ect, including the availabili~ of ~teHals and hereby p~oposed to ~u~nish all labo~, materials, suppJi~, se~ic~ ~d supervision ~ui~ed to perform the wo~k fo~ the p~o~ect id~tJ~ied above and listed below and ~ detailed in the Contract Docum~ts for the sum of: The lump sum of Sixty Five Thousand and 10 bollars ($.,65, O10. O0 ) Reimbursable top-set of Five Thousand List of reimbursables: bollars ($ 5,000. O0 ) Travel Reproductions Miscellaneous (Note: reimbursable amount is included in the lump sum total.) The project will be completed within 365 working days of initiating the Work. Ozscription: Work effort necessary to complete the 2030 Intermountain Transportation Plan It is further understood that the right is reserved by the Owner to reject any and all proposals'and it is agreed that the proposals may not be withdrawn for o period of ten (lO) days from specified time for receiving proposals. VI-8 The undersigned agrees that upon notification of acceptance of this proposal, it will execute a Contract for the above stated work for the above compensation within the scheduled mutually determined. The proposer hereby certifies: That this proposal is genuine and is not mode in the interest of or on behalf of an undisclosed person, firm or corporation and is not submitted in conformity with any agreement-of rules of any group, association, or corporation. That it has not directly or indirectly induced or solicited any other proposer to put in o false proposal. · That it has not solicited or induced any person, firm, or corporation to refrain from proposing. The right is reserved to waive any informalities and to reject any Proposal. (Type/Print nome under all signatures) Doted this 5 day of March ,2003 (Corporate se~l) THE PROPOSER If the proposal is being submitted by a Corporation, the proposer should be signed by an officer, i.e. President or vice-president. The signature of the officer signing shall be attested to by the secretory and properly sealed. If the proposal is being submitted by an individual or a partnership, the proposal shall so indicate and be properly signed. (Attach additional sheet for Suggested Cost Savings Alternatives) ¥1-g FELSBURG HOLT & ULLEVIG engineering patM ro transpor~adon soIurions March 18, 2003 MEMORANDUM TO: Brian Pettet FROM: Charles Buck ~ RE: Revised Budget Intermountain Regional Transportation Plan Update As requested, we have revised our proposed budget to better reflect the available funding for this project. The revised total estimated budget is $60,570.00, as shown on the attached table, As discussed, we have maintained the effort for Task 2, Public Participation, as previously estimated. We will need to limit the nurnber of Technical Advisory Cornmittee meetings to four (a typographical error on page 5 of our proposal mentions six), with one additional meeting for the aviation group. We trust this revised budget will meet your requirements for this project; if you have any questions, please call. CMB/WP 303.7.~1.1 ~t40 fax 30.3.721,083l fhu~hucn~,com Oreenwood Cot"potage 7951 ~.. MaDlewood Ave. Grtcnwood Villagc, CO 801 BUDGET "~ "': '":" ~ ~ ~;A'%;~ ~'/':~" ~':.5.'~' '-:'%:..b-?~ou~ .'~:,' ~.?.:.: ,8-~:.:~?-:.,~::.~6.~¢'vt~..¢ ~:~-~4~,~?*2~t,~t~~l~8~,.%','. 2 Publc~a c at~Pr c~ . - ,~.0~.?,..~.$1;6B0~;:)~,tL~]~0~V~.~:-~ .~ ~. ~ ..... ..... s!, Obje~Uvas a~d Stal~ es · .. ..... · ,'. ' --" ' , - ' ); ? ,"- '-~ ..... ";" '" 8~'' ' '"; .-.~,,.::-: . '.:~: . c~t $3~ : $~,oeo. :,,$9~.:.;...,~,~0..-,$0 ~..;.-.$~.?.~-~.::.$2,, 0~,:.,:. '.': I~i:E~i~ii'~9"':' '" "~' ,~.'L ." '' ','~ "" "'": ': .:'~0".:;':'::'t'.'4'"'-"-'"'."2:':.'":':' :.. '~ '::) :" " ~ Tram.~b~li~.S~tqm.:,' '.. .~ I0 : $;~ ' *~ :'".. :"~ I1,4~0 ;"'~.'" 'i2~ '"-:~::i1~6," ': .: soc~oe~,o~i~ a"d ~'~Wr~.taiH~ 0 8 '~4:: ' , ~"' ' 2 ..,2":'" :~': '~.: · ' 5 RqionalProfile: Co~ ~0 $720 ~!~80. . ~420 , ~130 ~120 $3,070 6 Mobi~e~d~a~sts Houm 8 16 8 '.2 : . ' ~' ' · ~t $0 ~720 ~,920 $560 S~30 ~0'.. ,~3,330 . Pried I de nlifi~tionlAllemal~es H~ 4 18 8 12 2 2 46 7 AnaJys~ Cosl $600 $1,620 sg~ S840 $130 $120 ~,270 Houm 4 8 8 8 2 30 8 Preferr~ Ran Casl ~O $720 $960 $560 $130 $0 $2,970 Houm 6 18 t0 12 44 g Prioritizaaon Press C~t $9~ $1~440 $1,2~ ~840 $0 ~0 $4,380 Fi~nc~lly Cons~ined Heu~ 4 12 6 6 28 10 Trans~lion Plan Cosl ~600 ~1,08~ . ~720 ~20 $0 ~0 $2~820 Houm 8 18 8 10 8 8 60 1 ~ Draa Regional Tra~po~alion Plan Cosl $1 ~200 ~1 ~620 $960 SZ0O $520 $480 ~5~480 Houm 4 8 4 6 6 8 36 12 Final Regional Transpa~lion Plan C~{ $6~ ~7~0 ~4B0 ~4~ $390 $480 ~3,090 Subtotal Labor Heu~ 52 220 1 ~2 156 42 2B 810 C~t $7t800 $19,B~ ~13,440 $10,g20 ~2,730 $1,~0 Dire~ C~s $2,500 Travel ~50 ReproducUons Miscellaneous $850 ~ $60,570 TOTAL ESIffiA[ED BUDGET Eetsb~8 ~ott & Transportation Plannin,q Reqion Re,qional Transportation Plan Update EXHIBIT A SCOPE OF WORK The following work program will serve as a framework for the necessary work efforts. TASK 1 - PROJECT ORGANIZATION Purpose: This task will identify the key participants in the planning process and will establish the relationship between these participants. In this initial state, a final approach to the work tasks will also be agreed upon. Subtask 1.1 Describe the planning area and identify participants in the planning process. Include: · A description of the Transportation Planning Region (TPR) with Map · History of the planning process for the Region · Description of entities included on the RPC · List of TACs and their roles Subtask 1.2 Develop operating procedures for interaction between the RPC, the TAC and the Consultant, if used. The proposed group meeting schedule will be reviewed and refined. Subtask 1.3 Review and discuss any unclear or unresolved work tasks, technical approaches, or work product with the TAC. Finalize and agree upon the work plan before proceeding. Subtask 1.4 Clarify and agree upon all expectations of the TAC members and local entities regarding provision of data or assistance to the Plan update process. TASK 2 - PUBLIC PARTICIPA T/ON PROCESS Purpose: The public participation component of the regional transportation plan provides the opportunity for citizens to become involved in the process used in the development of transportation projects, both in their region and the state. The TPR, following the direction of the Public Participation section in the Colorado Regional Transportation Planning Guidebook, will develop and conduct a public participation process aimed at ensuring maximum opportunities for the public to become involved. Subtask 2.~ Develop, with input from the TAC, and document a process that allows for citizens of the region to be kept informed and involved on a continual basis and a process that facilitates cooperation and consensus building in the development of the RTP. Subtask 2.2 Establish and maintain a contact list of all known parties interested in transportation in the TPR, utilizing the contact list provided by the CDOT as a starting point. The list will be used to mail announcement of public workshops and project status reports, as appropriate. Include individuals who were involved in the previous planning process, and all elected officials (Preparer) Page 2 of 14 Transportation Planninq Reqion Re.qional Transportation Plan Update and local government staff members who will be affected by the plan. Update the list throughout the planning process. Subtask 2.3 Hold at least one public meeting, open forum, or open house for each of the following phases of the planning process: · Initiating the regional transportation planning process to review the TPR's vision · Review of the Preferred Plan for the TPR and discussion of updates · Review and comment on the final draft of the Regional Transportation Plan Subtask 2.4 RPC meetings, which are anticipated at project milestones, should be open to the public. These meetings, as shown on the schedule, are expected at four points in the process: · Confirm vision and goals; preparation for first public workshop. · Summary of transportation data collection; preliminary summary of revised project lists. · Submission of final RTP Provide reasonable notice and opportunity to comment on issues and draft documents Subtask 2.5 Prepare and distribute timely press releases and public service announcements to the local media at key points in the project. RPCs can also submit calendars of scheduled meetings to the CDOT for inclusion on the Division of Transportation Development's Web page Subtask 2.6 Seek out and consider the needs of those persons or groups that may be considered traditionally under-served by existing transportation systems or Iow income and minority populations that could potentially become impacted by future transportation decisions. This outreach could include Iow-income and minority households, the elderly, persons with disabilities, and student populations which may face difficulties accessing employment and other amenities. Subtask 2.7 Seek out representatives from all transportation modes, including, but not limited to, bicyclists, airports operators, pedestrians, transit system operators, passenger and fright train system operators, and commercial vehicle operators Subtask 2.8 Prepare an Appendix documenting public meetings held in the TPR, including meeting minutes, sign-in sheets and responses to significant issues raised at the meetings and during all document review and comment periods (Preparer) Page 3 of 14 Transportation Planninq Reqion Re.qiona Transportation Plan Update Subtask 2.9 Maintain an "open door" policy for ali officials, committee members, and members of the general public to be able to contact the RPC or its consultant at any time during the planning process. TASK 3-REGIONAL VALUE, VISION, GOALS, OBJECTIVES AND STRATEGIES Purpose: This task will result in an agreed upon list of transportation goals and objectives for the RPC. These goals and objectives will be used to evaluate transportation alternatives being considered in the development of the RTP. Subtask 3.1 Work with the TAC to confirm/revise the vision and mission statement developed in the previous plan. · Are there any new values not addressed in the vision statement? · How can the new values be incorporated into the vision statement? · Does the new Vision Statement describe a minimum 20-year vision for the TPR to meet the desired quality of life? Subtask 3.2 Work with the TAC to identify a list of the issues and values with which the region will need to deal in order to achieve its vision. · What is it about the TPR that commits you to its future? · What is the quality of life that you want to pass to the next generation in the TPR? · What connections have been important to the social, economic and environmental vitality and visibility of the TPR? · Which connections are becoming or will likely become important in the future? Subtask 3.3 Work with TAC to reevaluate the regional transportation goals identified during the previous process. · Have the previous goals been met or do they need to be updated to reflect the new vision for the TPR. Subtask 3.4 Present this preliminary vision and the list of issues and goals in the first series of public workshops and solicit public comment. Subtask 3.5 With the public input, the RPC will finalize these elements to guide the plan. (Preparer) Page4 of 14 Transportation Planninq Reqion Reqional Transportation Plan Update TASK 4 - INVENTORY OF EXISTING TRANSPORTATION SYSTEM Purpose: This rnulti-rnocla/inventory will serve as a baseline survey of all existing transportation facilities and services in the region. This existing transportation network will serve as a base for projecting future transportation investments to the system. Most of this information should be available from the CDOT Transportation Planning Data Set or from ongoing and recently completed CDOT studies. Subtask 4.1 Compile existing roadway inventory data for the TPR. Include: Traffic volumes (passenger/truck) Roadway miles Volume/capacity relationships Traffic composition Bridge structure conditions Surface conditions High occupancy vehicle lanes Safety concerns Existing highway geometries Accident locations Significant geometric deficiencies Congestion areas Areas needing reconstruction Traffic growth patterns Hazardous material routes Commercial truck traffic A review of existing functional classification maps will be performed. If information gaps are identified, the local entities will be asked to supplement this information as much ~s possible from their data sources. ~ Subtask 4.2 Gather data on the public transportation services provided in the region. Identify both operating and physical characteristics of: Intercity bus , Fixed route/fixed-schedule Shuttles , Special service providers Service areas , Light rail service Ridership , Park-n-ride facilities Fleet sizes , Transfer stations Buildings Identify deficiencies in each. The resources of the CDOT Transit Unit and the Colorado Association of State Transit Agencies will be used in developing the public transit profile. Other sources of information for Transit are, Colorado's Transit Needs and Benefits Study, Transit Development Plans, and Regional Plan's Transit Elements for transit providers in the TPR. Subtask 4.3 Inventory bicycle facilities. Include: · Bike lanes · Bike routes · Other popular on-street facilities · Off-street bike paths · State highways with unpaved shoulders with paved shoulders of less then four feet · Missing connections within the existing Bicycle/Pedestrian system. (Preparer) Page 5 of 14 Transportation Plannin.q Reqion Reqional Transportation Plan Update This information will be compiled from local plans, from the CDOT bicycle coordinator, and from bicycle organizations in the area. Other sources of information that may be helpful for planning Bicycle/Pedestrian systems are, Bicycle master plans, and other municipal and county planning documents. Subtask 4.4 Prepare an inventory of rail infrastructure within the TPR. Include: · Type and condition of rail and service frequency (passenger/freight) of all class 2 and class 3 rail lines in the region · Abandonments · Mergers · Alternative transportation uses of existing rail lines · Locations for: · Potential acquisition assistance · Rehabilitation · Substitute service assistance · Construction assistance · Rail crossing upgrades · Passenger rail service Primary contacts will include the CDOT modal branch and railroads that are currently, or are anticipating, providing service within the state. Other sources of information for Rail are the Colorado Passenger Rail Study, Colorado's Freight Rail Study, and Major Investment Studies. Subtask 4.5 The Division of Aeronautics will provide financial, operating and physical data on the airports within the region. RPCs should address: · Location of aviation facilities · Level of commercial air service provided · Level of pdvate air service provided · Passenger boardings and arrivals · Runway pavement condition · Airport safety issues · Existing/historical airport operations · Enplanements and freight movement · Needed improvements · Shortfalls in service area · Need for improved intermodal connections If the Division is unable to provide this information, it will be gathered through direct contacts with management at each of the airports. Additional sources of information for Aviation include, airport master plans and the CDOT's aviation system plans. Subtask 4.6 To the extent feasible, primary freight movement in the region will be documented. Further, all significant inter-modal facilities in the region will be identified, primarily utilizing information availabl'e through the CDOT Division of Transportation Development. (Preparer) Page 6 of 14 Transportation Ptanning Re,qion Reqional Transportation Plan Update TASK 5 - SOCIO-ECONOMIC AND ENVIRONMENTAL REGIONAL PROFILE Purpose: This task will devei'op a population, employment, and environmental profile of the region that will be used as the basis for proiecting future travel demand in the year 2030 and for identifying potential concerns. CDOT will provide U.S. Census Bureau and State Demographic Information in the Transportation Planning Data Set. Subtask 5.'I Compile the current and future population, household, employment, and other pertinent data from federal, state and local sources. Include population data by county, growth rates, per capita income, household size, and age breakdown. Also include additional historical, current and projected information on population distribution, income, age, race, employment, housing units, general land use patterns, modal splits, commute to work, auto ownership and other data as appropriate. Subtask 5.2 Gather all other available socio-economic reports and studies for the region. These reports and studies should include both public and privately funded documents that reflect existing and future regional population growth and economic development. At a minimum, these will include regional, county and local comprehensive plans, regional overviews and reports produced by federal and state agencies and privately produced products that relate to population and regional economic growth. This information will be reviewed for consistency with the TAC and a composite set of proiections will be developed for the RPC for use in plan development. Subtask 5.3 Identify all maior activity centers in the region and compile characteristic data on these centers. Such centers coutd include employment centers manufacturing facilities maior shopping areas, agricultural centers, distribution centers, service centers, higher education centers, health care facilities, government centers, intermodal transfer centers, correctional facilities national, state and local parks, recreation centers, tourist attractions, airports, or other specific generators. Tourism Data: · Major Tourism Generators · Visitor day information (including growth) Employment Data: · By County - Number Employed, Industry Breakdown, Growth Rate Agricultural Data: · Crop Production, Destination · Livestock Production, Destination Use the data supplied in the transportation dataset to forecast future conditions and levels of growth for the TPR. (Preparer) Page 7 of 14 Transportation Plannin.q Reqion Reqion.__al Transportation Plan Update Subtask 5.4 Both human and natural environmental considerations play an important role in the development of the Regional Transportation Plan. Perform an environmental scan to identify all sensitive areas including: Human Environment · High density Iow income areas · High density minority areas · Population segments that may be "transportation disadvantaged" such as the elderly, persons with disabilities, or Iow-income groups Each RPC may choose to oveday additional information such as mobility impaired residents, auto availability of residents and commuters, hazardous material sites, transit availability, and other similar concerns to identify broad issues for future project level consideration. Review maps and supporting graphical information and consider the locations of these population groups in relation to transportation planning activities, particularly regarding the pdoritization and selection of projects, and other potential impacts. Natural Environment · Land uses · Noise levels · Water quality · Wetlands · Flood plains · Threatened and endangered wildlife and plants · Historical and archeological sites · Hazardous material sites. · Valuable visual resources as open space and scenic views · Air quality non-attainment, maintenance, and at-risk areas. Also, list the measures (1) currently being taken by these areas to ensure attainment of federal standards (as identified in the State Implementation Plan), and (2) that will be taken (if necessary) to ensure that violations of the appropriate air quality standards will not occur in the future TASK 6 -MOBILITY DEMAND ANALYSIS Purpose: In this task, future travel demand in the region will be estimated, based on anticipated growth. Subtask 6.1 An estimate of the future traffic volumes on the regional highway system will be made. Although urbanized portions of the region may be covered in travel demand models, model development is not expected to be part of this process. Instead, growth factors based on the socio-economic projections will be used to project future volumes. These will be compared to CDOT's 20-year expansion factors and to projections from adjoining models, and a reasonable set of projections will be established. (Preparer) Page 8 of 14 Transportation Planninq Reqion Reqional Transportation Plan Update Identify all perceived major mobility issues, impediments and opportunities in the region. For example, if a section of roadway is thought to be unsafe and safety improvements are proposed, accident statistics should be cited to support the needs statement. Or, if the transportation of the elderly and/or disabled is felt to be an important transportation need, the Transit Element, Transit Development Plan, and the Transit Needs and Benefit Study should provide supporting documentation for the needs statement. This wilt be used to prepare a list of needs statements for corridors. Subtask 6.2 Future travel demand for alternative modes of travel will be developed on the basis of previous user levels on comparable systems in the region or on the basis of similar services in other communities in Colorado or other locations. These projections will also rely heavily on other planning studies such as the TDPs for the counties, the North Front Range Transportation Alternatives Feasibility Study, the Colorado Passenger Rail Feasibility Study and the Colorado Transit Needs and Benefits Study. TASK 7 - ALTERNATIVES ANALYSIS Purpose: This task will identify and analyze the various modal options, where appropriate, and all costs associated with their development for meeting the mobility demand of the TPR. Subtask 7.'1 In each corridor identified as needing capacity improvements, an analysis should be done to determine the potential for mode or modal combinations to address corridor and regional mobility needs. The alternatives analysis should explore all reasonable options to address the identified solutions. Examples of these solutions are: · Aviation · Transportation Demand Management · Bicycle/Pedestrian · Transportation System Management · Roadway · Combination · Rail · No Build · Transit · The analysis should, where appropriate, evaluate capacity, roadway geometry, passenger#reight carrying capacity and safety issues for each alternative. · Social and environmental factors that could affect any of the mobility options under consideration should also be identified at this time. · Include a short description of the finding from the corridor analysis performed for each State Highway in the TPR, · Include a description of the alternatives analysis process used by the RPC. (Preparer) Page 9 of 14 Transportation Plannin.q Region Reqional Transportation Plan Update · Identify all costs associated with the development of the various modal options. · In those corridors where the capacity analysis does not indicate a deficiency, a geometric and safety analysis should be performed to determine if the facility meets current standards. · If transportation improvements in a corridor might adversely affect an environmentally sensitive area, the cost of remediation for those impacts should be calculated and included in the overall project cost. If the impacts are considered severe or cannot be mitigated, an alternative proposal should be investigated. Subtask 7.2 For State Significant Corridors, the alternatives analysis will need to be expanded to inctude a vision for the corridor. The vision should include: · A mobility statement forthe entire corridor describing the mobility needs in the corddor over the plan period. This should include identification of mobility solutions and possible alternatives to highway solutions to address the needs throughout the corridor. · A safety statement for the entire corridor describing the safety needs in the corridor over the plan period. This should include identification of solutions to address safety needs throughout the corridor. · An environmental statement for the entire corridor describing environmental sensitivities. This should include identification of potential human and natural impacts and potential mitigations throughout the corridor. · A statement of how the TPR will coordinate the vision with adjoining TPRs in the same corridor. TASK 8 - PREFERRED PLAN Purpose: The result of this task will be an identification of the elements of a preferred 2030 transportation plan for the region. These transportation projects will be chosen on the basis of need, and each project's ability to maintain the integrity of the existing transportation system and achieve the desired goals and objectives of the regional transportation plan. Subtask 8.'1 Work with the TAC to update previous project list (CDOT will provide list). This will include a reflection of projects already completed and others that have been identified through the evaluation of projected transportation needs. This effort will focus heavily on modal plans other than the highway system. Subtask 8.2 Solicit public input in the development of these project lists. (Preparer) Page 10 of 14 Transportation Planninq Re.qion Reqionat Transportation Plan Update Subtask 8.3 Submit newly-identified projects for a subjective review by the RPC to determine if the needs are viable and realistic. Several factors the RPC may want to consider in this screening include: · Does the project aid in the attainment of the vision and goals developed by the RPC? · Is the project a justifiable need? · Does the project provide a viable contribution to a system that meets the RPC's transportation needs? · Is the project realistic based on the human and natural environment and the physical constraints of the area? If the projects survive this preliminary screening process they are added to the existing projects needs list. Subtask 8.4 Prepare a multi-modal list of all mobility1 safety, and system quality projects identified for the TPR, providing all data items needed for the Statewide Plan database. (CDOT will provide format). The RPC should identify: Which projects are to be removed from the list because the projects have been completed or because the need no longer exists · .Which projects are new to the process · Where a scope has changed TASK 9 - PRIORITIZA TION PROCESS Purpose: Since the preferred project listing will likely far exceed existing and future revenues, it is important the RPC have a methodology to compare projects objectively and to rank them in order of priority for the purpose of developing a financially constrained transportation plan. Subtask 9.'1 Because of the addition of modal plans, the first subtask will be to work with the TAC to determine the overall approach to prioritizing projects across modes. Should criteria be developed that work for all modes, or should projects only be ranked against projects of the same mode and then funds distributed to modes through a resource allocation approach? This decision will significantly affect how the remainder of the prioritization subtasks are conducted. (Preparer) Page 11 of 14 Transportation Plannin,q Re.qion Reqional Transportation Plan Update Subtask 9.2 Consider the use of technical data to supplement the criteria for project pdoritization. The following are samples of technical data used in past planning efforts: · Passenger Miles Traveled (PM-i-) · Vehicle Miles Traveled Ov'M'F) · Accident Data · Current/Projected Level of Service · Cost Per Mile · Average Daily Traffic (AD'I) · Air Quality · Cost Per Rider Subtask 9.3 Work with the TAC to reassess the criteda and the weighted scoring factors which were previously developed (a sample metho~tology is shown in the Regional Planning Guidebook). The weight assignments should be determined by assessing the importance of each criterion in meeting the TPR's values, visions and goals. Subtask 9.4 Develop a scodng system to produce a multi-modal prioritized list of projects. In addition to the weighting, a score should be applied to each criterion. Provide a description of the prioritization process. The cdteria and weighting values identified above may be used in this or some similar methodology to prioritize all of the proposed projects within the TPR. This methodology has been developed to allow for prioritizing and comparing all transportation projects regardless of rhode. Subtask 9.4 Review this project ranking with the RPC and modify accordingly. TASK '!0-FINANCIALL Y CONSTRAINED TRANSPORTATION PLAN Purpose: Modify the Preferred Plan to reflect those elements of the plan that could be implemented within the anticipated funding availability over the planning time frame. Subtask '10.1 To realistically assess potential revenues from state and federal sources, obtain from CDOT an estimate of the appropriate CDOT Engineering Region allocation that is expected to be available to the TPR over the 20- year period. Subtask '10.2 Identify any additional sources of funds that may be available and determine whether they can be included as potential revenue in the development of the plan. Estimate revenues expected to be available to fund the Fiscally Constrained Plan including federal, state, local and private funds. Subtask '10.3 Attend a meeting of the TPR's CDOT Engineering Region where each TPR comprising that Engineering Region meets jointly to prioritize projects on a regional basis in accordance with funding available to the Engineering Region. The resulting list of prioritized projects equaling the control total for ~,~ ~t~ (Preparer) Page 12 of 14 Transportation Plannin,q Reqion Re.qiona Transportation Plan Update the Region will be the starting point for each of the TPRs' Constrained Plans. The remainder of each TPR's Constrained Plan should consist of any projects expected to be funded with local or private funds. Prepare the final constrained list of projects for the TPR in database format, indicating funding sources for each project. Subtask 10.4 Prepare an assessment of the social, environmental, energy and economic impacts of the Fiscally Constrained Plan, indicating how it Will affect the TPR. While the Preferred Plan developed in STEP VIII might expect to meet all the transportation needs of the TPR throughout the planning period, the Fiscally Constrained Plan may fall shod of meeting these identified needs. Consider: · Is transportation serving the needs of the TPR? · What are the effects of not being able to implement the entire Preferred Plan? · Will the region's air quality goals be met? · Will congestion overwhelm some facilities? · Will some modes be developed at the expense of others? · What are the effects on the region's economy? · What cannot be accomplished from the Preferred Plan with the financial constraints · What other environmental effects (good or bad) may occur due to financial constraints TASK 'l'l- CONSISTENCY WITH STATE AND FEDERAL REQUIREMENTS Purpose: The purpose of this task is to document how the RTP complies with State and Federal requirements. Subtask 1'1.'i Describe how'the plan complies with State and Federal requirements Subtask 11.2 Prepare and pass a Resolution of Adoption of the RTP by the RPC Subtask 11.3 Include FHWA funding statement in the plan TASK 12 - DRAFT REGIONAL TRANSPORTA T/ON PLAN Purpose: The purpose of this task is to develop a Draft RTP following the guidelines set forth in the Colorado Regional Transportation Planning Guidebook. Subtask 12.1 Prepare a preliminary version ofthe Draft RTP and distribute to the TAC for review. Subtask 12.2 Obtain review comments on the Draft RTP and finalize the Draft RTP before submitting the document to the RPC and CDOT. (Preparer) Page 13 of 14 Transportation Planninq Region Recli(~nal Transportation Plan Update TASK 13 - FINAL REGIONAL TRANSPORTATION PLAN Purpose: This task will result in the Final RTP and the TPR's component of Colorado's 2030 Transportation Plan. The Final RTP will reflect reviews made by the RPC, the public, CDOT and the State Transportation Advisory Committee. Subtask '12.1 Incorporate all review comments and complete the Final RTP. Submit 35 copies of the final RTP and any camera-ready art work to the RPC. (Preparer) Page 14 of 14 RF,QUTP. F,b CLAUSES rev. 2/26/02 For purposes of these Required Clauses, "Contractor" means (CONTP. AfTOR). Contractor shall be subject ,o the following provisions: 14. COMPLIANCF_ WITH PI:~OCURF,MF,NT CODF, AND APPLICABLF, 5TA~ CONTRAC~MG LAW 14. ~e Controc, or ocknowledg~ that this Agreement is ~tered into subject ,o the r~uirem~ts of the "Pitkin County Procurement ~ode (Section 8.5 of the Pitkin Ooun~ Home Rule Cha~er, Ordinance ¢ 00-18, approved April 26, 2000). AS such, the Contractor agre~ to comply with all n~quirem~ts of said P~ocu~ment Code, and such requin~ments ars incorporated he~in by this reference. 14. ~e Contractor shall immediately noti~ the County ~anager in wHtin9 of ~ny viobtion said Code o~ statut~ by the Count's empIoye~ o~ agents, which violation(s) is known should have been known by him, and failure to so noti~ the County o¢ any viobtion(s) within five (5) days of knowledge of such violations sh~ll be considered a b~ch of this ment. Further, such failure to noti~ the Coun~ of violation o¢ the P~ocu~sment Cods statut~ within fiw (5) days of knowledg~ shall be d~emed ~ ~ waiver of any action defuse that the Contractor may h~v~ ~9ainst the Coun~ by ~son of such violation o¢ the P~ocunement Code or statute. 14. WAP, RANTIF,5 AF=AINST CONTINGF,NT FF,F,S, C=I~ATUI'TIF,5, KICKBACKS AND CQNFLI. CT OF INTERF,ST 14. Covenant Against Contingent Fees. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agree- ment or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. 14. Gratuities Prohibited. The Contractor agrees not to give any employee or former employee of Pitkin County o gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal m]herefore. Gratuity means o payment, loan, subscription, advance deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received. Kickbacks Prohibited. Tt shall be a breech of Agreement for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under o contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Agreement to Dive up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "anti-kickback" statutes or regulations. Conflict of Znterest Prohibited. No official, officer, employee or representative of the County during the term of this Agreement or one (t) year thereafter shall have any interest, direct or indirect, in this Contract or the proceeds thereof. (Additional restrictions on present and former employees of County are found in Article 7 of the Procurement Code). 14. Sub-Contract Clause. The prohibitions against contingent fees, gratuities, kickbacks and conflict of interest prescribed in this Agreement shall be made a condition of and con- spicuously set forth in every sub-contract and solicitation Ilherefore. 14. Conspicuously means written in such special or distinctive format, print, or manner that a reasonable person against whom it is to operate ought to have noticed it. I4. Remedies. ]~n addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the County shall have the right to: 14. Terminate this Agreement without liability by the County; 14. Debar or suspend the offending parties from being a contractor or sub-contractor under County contracts; I4. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Contractor; and I4. Recover such value from the other offending parties. 14. EQUAL EMPLOYAAENT OPPORTUNITY AND DISADVANTAgED~MINORITY/WOMEN BUSINESS ENTERPRISES (DBE/M~E/W~E) 14. Pursuant to local, state and/or federal anti-discrimination and affirmative action programs, contractor shall me~t oll applicable requir~m~ts with r~pect to employm~t and subcontracting in connection with Disadvantage~Minority~Women individuals and ent~rpris~ (DME/MBE/WBE). 14. In connection ~ith the ~ecution and administration of this Agreement, and any subcontracts, th~ Contractor shall not discriminate against any ~mploye~ or applicant for employm~t because of race, religion, color, s~, notional origin, age, handicap or status ~ o 14. In connection with the performance of this Agreement, the Contractor will cooperate with the County in meeting the County's commitments and goals with regard to the maximum utilization of disadvantaged, minority and women business enterprises and will use its best efforts to ensure that such business enterprises shall have the maximum practicable llhereforeity to compete for employment and/or subcontract work, if any, under this Agreement. VI-lO 14. The Contractor will furnish all necessary information and reports and will permit access to its books, records, and accounts by Pitkin County for purpose of inv~stigatian to ascertain compliance with the nondiscrimination/affirmative action provisions of any resultant contract. 14. Employment Data and Affirmative Action Plan. If requested, the Contractor agrees to submit on an Employment Data Form to be provided by the County, the data showing the utilization of disadvantaged persons, minorities and women by job category within its organization. Where the Contractor has fifty (50) or more employees or it is participating in contracts with the County, which exceed Fifty-Thousand ($50,000.00) Dollars, an Affirmative Action Plan must be submitted to the County when r~u~t~d by the County Attorney's Offic~ within ten (lO) days after s~l~ction. ~4. Noncompliance. ~n the ~vent of th~ Contractor's noncomplianc~ with th~ nondiscrimination/ affirmativ~ action provisions of any r~ultant contract, Pitkin Coun~ shall impos~ such contract sanctions as it may d~tfrmin¢ to b~ appropriate, including, but not limited to: ~4. Withholding of paym~ts under the Agreement until th~ Contractor compile, and/ar Cancellation, termination, or susp~sion of th~ Agreement, in whole or in part. ~4. ~R~ZNA~ON FOR DEFAULT OR FOR CONVENZEN~E OF COUN~ 14. In addition to the right of cancellation referenced in Paragraph 7 of the Agreement, the performance of work under the Agreem~t may be terminated by Pitkin Count: 14. Whenever ,he ~ontroctor shall default in performance of this Agreement in accordance with its terms, and foils to cure or show cause why such failure to perform should be ~cused within ten (10) days (or longer ~ the ~ounty may allow or shorter, but not I~s ,hah ,brae (3) doys, for f~ilure ,o provide proof of insurance or m~int~ance of any dangerous condition) after hand-delivery, facsimile or moiling ,o the Contractor of ~ no,ice speci~ing the default ~ provided in Paragraph 11 of the Agreement. ~e ~ontractor shall not be in default by r~sans of any failure in performance of this Agreement in accordance with its ,arms if such failure arises out of cous~ beyond the control ond without the fault or neglig~ce of the ~ontr~ctor. Such cous~ may include, but are not r~tricted to, acts of God, natural disasters, strike, or freight embargo,, but in every case the failure to perform must be beyond the control and without the fault or negligence of the ~ontractor. Upon requ~t of the ~ontroctor, the County shall ~scertoin the facts ond f~ilure, and, if the ~oun~ shall determine that ony foilure to perform constituted o valid commercial ~cuse, the performance shall be revised accordingly and notice of defoult withdrawn; or 14. Whoever for any r~son and in i,s sale discretion the ~oun~ shall de, ermine tho, such ,erminotion is in i,s b~t inter~t and conv~i~ce. 14. Notice of Termination. In ,he event of termination, ,he ~oun~ shall deliver ,o the ~ontrac,or a writ,eh notice of termino,ion, speci~ing the r~sons Dherefore, and the effective do,e of such termino,ion. ~e effective d~te shall not be ~rlier than the date VI-11 of hand-delivery, facsimile or the dote of moiling of the notice, os provided in Paragraph 11 of the Agreement. 14. Termination Procedure. After the effective dote of the notice of cancellation, termination for default or for the convenience of the County, unless otherwise directed by the County, the Contractor shall: 14. Stop work under the Agreement on the date specified in the notice of termination. 14. Place no further orders for materials, services or facilities. 14. Terminate oil orders and subcontractors to the extent that they relate to the performance of work terminated by the no,ice of termination. 14. With the approval or ratification of the County, settle oil outstanding liabilities and oil claims arising out of such termination on orders or subcontracts, the cost of which would be compensable or reimbursable in whole or in port in accordance with this Agreement. 14. Termination Payment. After the effective dote of o notice of termination for the convenience of the County, the Contractor shall submit to the County his termination claim in the form of o final invoice in accordance with the provisions in "Method of Payment," including costs incurred to the date of termination, and costs incurred because of termination, which termination costs shall not exceed 10% of the total amount of proposal; provided, however, that in the event of default by the Contractor, no extra costs incurred because of termination shall be paid to the Contractor and any costs paid shall not be o waiver of any claim, counterclaim or set-off by the County against the Contractor on account of any default. Such claim must be submitted promptly, but in no event later' than thirty (30) days from the effective date of termination, unless one or more extensions ore granted in writing by the County. Upon the Contractor's failure to submit a claim in the time allowed, the County may review the information available to it end determine the amount due the Contractor, if any, and pay the Contractor the amount os determined. 14. Termination Settlement. Subject to Paragraph 4.b., the Contractor and County may negotiate the whole or any part of the amount or amounts to be paid, if any, upon cancellation, termination for default or for the convenience of the County. 14. l~emedies. The Contractor shall have the right of appeal from any determination made by the County under "Cancellation or Termination for Default or for Convenience of County;" except that if the Contractor has failed to submit his claim within the time provided in Paragraph 4.D., above, and has failed to properly request extension, he shall have no such right of appeal, lin any case where the County has made o determination of the amount due under Paragraphs 4.D. or 4.E., above, the County shall pay the Contractor: (Z) the amount the County has determined if there is no right to appeal or if no timely appeal has been taken, or (2) the amount finally determined on such appeal if an appeal has been token. 14. Method of Appeal. If the Contractor disagrees with the County's determination under Paragraphs 4.D. or 4.£., he can appeal this decision in writing to the County. Such appeal must be made within twenty (20) days of receipt in writing of the County's determination. The County shall have twenty (20) days in which to respond in writing to the appeal. The County's response shall be final and conclusive unless within thirty (30) days from the date V1-12 of receipt of such response the Contractor submits the dispute to a court of competent jurisdiction or submits a demand for arbitration if required by the Contract bocuments. ~4. TNTEGP, A T~ON ANb MOb:[F~.¢A TT. ON 14. The Agreement constitutes the full and complete agreement of the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, the Contractor understands that unless the contract is for goods or services of a value tess than $50,000, no County official or employee, other than the Board of County Commissioners acting as a body at a Board meeting, has authority to enter into a contract or to modify the terms of the Agreement on behalf of the County. Any such contract or modification to this Agreement must be in writing and be executed by the parties hereto. t4. With respect to change orders under the Agreement, the County and the Contractor shall process and approve/disapprove requests for change orders as otherwise provided in this Agreement, subject to the requirements of the Procurement Code and the Finance Office. t4. ZNDEMNITY t4. The Contractor (including, by definition here and hereinafter, its officials, employees, agents and representatives, subcontractors and suppliers), shall and hereby does release, discharge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penalty, judgment, expenses, costs (including costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, intentional act, error or omission by the Contractor, and for any consequential liability alle4jed to accrue against the County on account of the Contractor's acts, errors or omissions; provided, however, that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the sole negli- gence of the County or its employees. t4. 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. t4. ][NSUP, ANCE A. ][n whole or in part, the Contractor shall secure and maintain for the term of its contractual relationship with the County such insurance policies, from companies licensed in the State of Colorado, as will protect itself, the County and others as specified, from claims for bodily injuries, death, personal injury or property damage, which may arise out of or result from the Contractor's acts, errors or omissions. The following insurance coverage, at or above the limits indicated and including such endorsements as are indicated by an "X", are required: (t) Statutory Workers' Compensation: Colorado statutory minimums (2) Commercial ~eneral biability - Z$O t998 Form or equivalent Each Occurrence Limit St,000,000.00 (~eneral Aggregate Limit $2,000,000.00 Pr'oducts/Comptetcd Operations Aggregate Limit $2,000,000.00 Comprehensive Form (All risks) to include (place X by applicable provisions]: X Premises/Operations Underground, Explosion & Collapse Hazard X Products/Completed Operations ___X_ Contractual Liability X_ Tndependent Contractors and Subcontractors X Broad Form Property Damage X Personal Injury 14. Business Au,o Coverage', Combined 5ingle Limit Liability (each acciden,) $1,000,000.00 Coverage to include (place X by applicable provisions]: X Any Auto All Owned Autos Hired Autos Non-Owned Autos ~oroge Liability 14. Special Coverages (check es appropriate and insert amount): (i) Performance Bond Labor and Material Payment Bond X_ (2) Professional Errors and Omissions (3) Aircraft Liability (4) Owner's Protective (5) Builder's Risk amount of project (6) Boiler and Machinery (7) Loss of Use Insurance (8) Pollution Liability (9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond PROOF OF INSURANCE SHOULD BE SENT TO: PITKIN COUNTY C/O Procurement officer Address Fax PRO~TECT NAME SHOULD BE IDENT]:FIED V1-14 14. To provide evidence of the required insurance coverage's, copies of Certificates of Insurance in a form acceptable to the County shall be filed with the County (through the County Representative) no later than ten (lO) calendar days prior to commencement of operations affecting the County. Failure to file or maintain acceptable Certificates of Insurance with the County is agreed to be a material breach of any contract and grounds for rescission or termination. These Certificates of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered unless at least thirty (30) calendar days prior written notice by certified moil, return receipt requested (effective upon proper mailing), has been sent to the County (through the County's Risk Department). (For purposes of this provision, "materially altered" shall mean a change affecting the coverage's required herein, including a change to policy limits as set out in the then-current policy declarations page). Simultaneously with the Certificates of Insurance, the Contractor shall file with the County's Risk Department (and promptly update, as necessary) 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. t4. Zn addition, these Certificates of Insurance shall contain the following clauses: 14. The clause "other insurance provisions," in a policy in which the County of Pitkin holds a Certificate, shall not apply to the County of Pitkin. 14. The insurance companies issuing the policy or policies hereunder shall hove no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. 14. Any and all deductJbles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. :14. Location of operations shall be: "all operations and locations at which work for the referenced ProJect is being done." 14. Certificates of Insurance for all renewal policies shall be delivered to the County's Representative at least fifteen (l§) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Agreement or there~=fter. 14. The County reserves the right to request and receive o copy of any policy and any policy endorsement. 14. EXEMPTION5 AND PREFERENCE5 14. All purchases of construction or building or any other materials for this Agreement shall not include Federal Excise 'loxes or Colorado State or local soles or use t~xes. Pitkin County is exempt from such taxes under registration numbers g8-02624 and 84-78000- §K. 14. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be employed to perform the work to the extent of not less than eighty percent (80%) of each type or class of labor employed on such project; except for highway construction, which is subject to C.R.S. 43-2-208, which provides that all laborers shall be bona fide residents of Colorado with a preference to residents of the County where the work is performed. V1-15 14. Preference is given, to the extent permitted by law, to: materials, supplies and provisions produced, manufactured or grown in Colorado, quality being at least equal to materials, supplies and provisions from outside the state; and to local (Roaring Fork Valley) services and labor of quality at least equal to non-local services and labor. 14. RECORDS The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this Agreement for a period of three (3) years after final payment under the Agreement and the County shall hove 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 Agreement and applicable law. 14. THIRD PARTZES This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Contractor or County may assign this Agreement in accordance with the specific written permission, any rights to claim damages or to bring any suit, action or other proceeding against either the County or Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 14. AGREEMENT MADE IN COLORADO The parties agree that this Agreement wes 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. 14. ATTORNEY'S FEES In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 14. GOVERNMENTAL IMMUNITY Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this Agreement, the monetary limitations or terms (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado ~overnmental Immunity Act, 24-10-101, et. Sec/., 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 these Required Clause or the Agreement 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. 14. 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 Agreement ore 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 Agreement shall constitute o mandatory charge or reguiremeat in any V1-16 ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the Agreement shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meanin9 of any constitutional or statutory debt limitation. This Agreement 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 Agreement shall be construed to pledge or create o lien on any class or source of Pitkin County's moneys, nor shall any provision of this agreement restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money.