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HomeMy WebLinkAboutbocc.con.300.228/30/2021 CDD Contract Information Contract Number Project Name Contractor Budget Line Item 11836361.531000 Procurement Method: Type: Contract Start Date Contract End Date Contract Type Retainage If this is a new contractor, please enter the New Vendor information into Munis for workflow approval. Contact Information: Department County Representative Gary Tennenbaum County Representative Phone (970) 920-5355 Provide a brief description of the Contract or Change Order: Contract Value Summary: $ 71,850.00 $ - $ - $ 71,850.00 Open Space & Trails Contract to perform cost/benefit and public sentiment study re: the feasibility of connecting Brush Creek Trail to the Aspen Airport Business Center. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount Contract Total No Brush Creek Trail to AABC Trail Connection Cost/Benefit & Public Sentiment Study Kimley-Horn and Associates, Inc. $ 71,850.00 Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ 71,850.00 Formal Services/Maintenance 2/22/2023 12/31/2023 New Contract 300.22 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 RFP # 300.22 Rev. 2018-10-10 btf Budget Line Item # 11836361.531000 NOTICE OF AWARD Date: February 22, 2023 To: Kimley-Horn Anthony Pratt, PLA, ENV SP, Project Manager 380 Interlocken Crescent, Suite 100 Broomfield, CO 80021 RE: RFP 300.22 - Brush Creek Trail to AABC Trail Connection Cost/Benefit and Public Sentiment Study The County, having duly considered the Proposal submitted on December 9, 2022 for the work or purchase covered by the Contract Document titled RFP 300.22 - Trail Connection Cost/Benefit and Public Sentiment Study in the amount of Seventy-One Thousand Eight Hundred Fifty dollars and Zero cents ($71,850.00), and it appearing that the Price and other information in your Proposal Form is fair, equitable and to the best interest of the County, the offer in your Proposal Form is hereby accepted. In accordance with the terms of the Contract Documents, you are required to execute the Agreement in one original of contract within ten (10) consecutive days from this Notice of Award. In addition, you are required to furnish in the said time Certificates of Insurance evidencing compliance with the requirement for insurance as stated in the Contract Documents to Procurement via email at procurement@pitkincounty.com. PITKIN COUNTY ________________________________________________ !#COUNTY REPRESENTATIVE#! Date ======================ACCEPTANCE OF NOTICE=================== Receipt of the above Notice of Award is hereby acknowledged ________________________________________________ Pitkin County Open Space and Trails Director Gary Tennenbaum Mar-03-2023 Curtis Rowe Vice President Mar-03-2023 Contract # 300.22 Revision: 2018-06-13 btf Budget Line Item # 11836361.531000 1 PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT, made February 22, 2023 by and between the Board of County Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the “County”) and Kimley-Horn and Associates, Inc., 380 Interlocken Court, Suite 100, Broomfield, CO 80021 (hereinafter called the “Contractor”) to perform the following work: Brush Creek Trail to AABC Trail Connection Cost/Benefit and Public Sentiment Study (“Project”). I. Term of Contract: The term of this Contract is from February 8, 2023 to December 31, 2023. II. Contractor’s Obligations. Contractor shall provide the public outreach, risk and benefit data collection, and reporting services described in the County Request for Proposals (“Attachment A”) and the Contractor Proposal (“Attachment B”). 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 Seventy-One Thousand Eight Hundred Fifty dollars and Zero cents ($71,850.00) for all services rendered. By contract or amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty (30) days of invoice. Any payment by the County may be offset by any amount the Contractor owes the County for any reason. IV. County’s Exclusive Ownership of Work Product. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this Contract shall be the property of the County. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant to this Contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use materials produced in the course of this Contract for marketing purposes and professional presentations, articles, speeches and other business purposes. Any Contract # 300.22 Revision: 2018-06-13 btf Budget Line Item # 11836361.531000 2 modifications made by the County to any of the Contractor’s documents, or any use, partial use, or reuse of the documents without written authorization or adaption by the Contractor will be at the County’s sole risk and without liability to the Contractor. V. Pitkin County’s Obligations. Pitkin County shall administer this Contract through a County Representative. Gary Tennenbaum, Pitkin County Open Space and Trails Director will manage the project as the County’s Representative. In the event that Gary Tennenbaum is not available, Jessie Young shall assume the County Representative’s duties. The services provided and products delivered by the Contractor under this Contract will be subject to review by the County’s Representatives, or a designee, for compliance with Contractor’s obligations prior to final payment. VI. Termination Prior to Expiration of Contract Term. The County has the right to terminate this Contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Contract shall become the County’s property. Contractor shall be entitled to receive compensation in accordance with the Contract for any satisfactory work completed pursuant to the terms of this Contract prior to the date of termination. Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the Contractor. VII. Independent Contractor Status. A. The parties to this Contract intend that the relationship between them contemplated by the Contract is that of independent contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this Contract. Contractor may choose to work for other individuals or entities during the term of this Contract, provided that the basic services and deliverable products required under this Contract are submitted in the manner and on the schedule defined under this Contract. C. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor’s obligations under this Contract. D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this Contract. E. Contractor is not entitled to any Workers’ Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. Contract # 300.22 Revision: 2018-06-13 btf Budget Line Item # 11836361.531000 3 VIII. Assignability. This Contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this Contract must be accepted in writing by the County. IX. Severability. In the event that any provision of this Contract shall be held to be invalid or unenforceable, the remaining provisions of this Contract shall remain valid and binding upon the parties hereto. X. Integration and Modification. A. This Contract represents the entire and integrated Contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oral. This Contract may be amended only by written contract signed by both the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor’s compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this Contract. XI. Indemnity. A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as indemnitee, from all suits and claims, including reasonable attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature, to the extent caused by the negligent acts, errors, and omissions of the Contractor, 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 # 300.22 Revision: 2018-06-13 btf Budget Line Item # 11836361.531000 4 XII. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The policies shall include, or be endorsed to include, the following provision: On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits of liability requirements provided that the coverage is written on a “following form” basis. 1) Statutory Workers’ Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. b. This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers’ Compensation Act AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers’ Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 2) Commercial General Liability – ISO 1CG 0001 form or equivalent. (With County named as an additional insured) Minimum Limits: General Aggregate $ 2,000,000 Contract # 300.22 Revision: 2018-06-13 btf Budget Line Item # 11836361.531000 5 Products/Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 Coverage to include: • Premises and Operations • Explosions, Collapse and Underground Hazards • Personal / Advertising Injury • Products / Completed Operations • Liability assumed under an Insured Contract (including defense costs assumed under contract) • Independent Contractors • Designated Construction Project(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent) • The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: “County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations”. 3) Auto Liability: Bodily injury and property damage for any owned, hired and non-owned vehicles used in the performance of this Contract. Minimum Limits: Statutory Coverage Bodily/Property Damage (Each Accident) $ 1,000,000 4) Special Coverages (check as appropriate and insert amount): a. ☐ Performance Bond $ b. ☐ Professional Errors and Omissions c. ☐ Aircraft Liability d. ☐ Owner’s Protective e. ☐ Builder’s Risk f. ☐ Boiler and Machinery g. ☐ Loss of Use Insurance h. ☐ Pollution Liability Contract # 300.22 Revision: 2018-06-13 btf Budget Line Item # 11836361.531000 6 i. ☐ Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1) Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be emailed directly to Procurement@pitkincounty.com. If the insurance carrier will not provide the required notice, the Consultant/Contractor and or its insurance broker shall notify the County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurers’ notification to that effect. Simultaneously with the Certificates of Insurance, the Contractor shall file with the Project Lead a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. 2) In addition, these Certificates of Insurance shall contain the following clauses: a. The contractor’s insurance shall be primary and non-contributory with any insurance or self-insurance purchased by the County. b. The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. c. Any and all deductibles or self-insured retentions in the above- described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. d. Location of operations shall be: “all operations and locations at which work for the referenced Project is being done.” 3) Certificates of Insurance for all renewal policies shall be delivered to the County’s Representative at least fifteen (15) days prior to a policy’s expiration date except for any policy expiring on the expiration date of this Contract or thereafter. 4) The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this Contract. XIII. Exemptions and Preferences. All purchases of construction or building or any other materials for this Contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5k. Contract # 300.22 Revision: 2018-06-13 btf Budget Line Item # 11836361.531000 7 XIV. Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this Contract for a period of three (3) years after final payment under the Contract and the County shall have the right within the three (3) year period to inspect and audit these books, records and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the Contract and applicable law. XV. Contract Made in Colorado. The parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. XVI. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney’s fees. XVII. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this Contract, the monetary limitations or terms (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this Contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. XVIII. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County’s obligations under this Contract are subject to Pitkin County’s annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the Contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the Contract shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This Contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County’s then current fiscal year. No provisions of this Contract shall be construed to pledge or create a lien on any class or source of Pitkin County’s moneys, nor shall any provision of this Contract restrict the future issuance of Pitkin County’s bonds or any obligations payable from any class or source of Pitkin County’s money. Contract # 300.22 Revision: 2018-06-13 btf Budget Line Item # 11836361.531000 8 XIX. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To Pitkin County: Gary Tennenbaum 530 East Main Street, Suite 202 Aspen, CO 81611 Email: gary.tennenbaum@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: Kimley-Horn and Associates, Inc. 380 Interlocken Court, Suite 100 Broomfield, CO 81615 Phone: (720) 600-6009 Email: anthony.pratt@kimley-horn.com Contract # 300.22 Revision: 2018-06-13 btf Budget Line Item # 11836361.531000 9 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. KIMLEY-HORN AND ASSOCIATES, INC. ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date MANAGER APPROVAL: ________________________________________________ !#COUNTY MANAGER#! Date COUNTY ATTORNEY: ________________________________________________ !#COUNTY ATTORNEY#! Date Gary Tennenbaum Mar-03-2023 Pitkin County Open Space and Trails Director Vice President Curtis Rowe Mar-03-2023 Mar-24-2023 Asst. County Attorney Richard Neiley Mar-24-2023 kara silbernagel Deputy County Manager RFP 300.22 Rev. 2019.05.06 CDD Budget Line Item #: 11836361.531000 1 PUBLIC NOTICE Pitkin County is accepting proposals to provide Trail Connection Cost/Benefit and Public Sentiment Study. More information is available online at www.BidNetDirect.com/Colorado. Proposal documents must be uploaded to the BidNet Direct website no later than 2:00 pm MT on December 9, 2022. Published in the Aspen Daily News: December 5, 2022 RFP 300.22 Rev. 2019.05.06 CDD Budget Line Item #: 11836361.531000 2 PITKIN COUNTY Trail Connection Cost/Benefit and Public Sentiment Study Table of Contents REQUEST FOR PROPOSAL I. INTRODUCTION 3 II. COUNTY BACKGROUND 3 III. SCOPE OF WORK 4 A. SPECIFICATIONS 4 B. ADDITIONAL INFORMATION 7 IV. SELECTION PROCESS 7 A. SUBMITTALS 7 B. TIME SCHEDULE 8 C. EVALUATION CRITERIA AND WEIGHING 8 D. SELECTION COMMITTEE 9 E. CONTRACT 9 PROPOSAL FORM 10 INSTRUCTIONS TO PROPOSERS 12 RFP 300.22 Rev. 2019.05.06 CDD Budget Line Item #: 11836361.531000 3 REQUEST FOR PROPOSALS Trail Connection Cost/Benefit and Public Sentiment Study GENERAL INFORMATION TO PROPOSERS ISSUED: November 28, 2022 DUE: 2:00 PM MST, December 9, 2022 I. INTRODUCTION Pitkin County (hereinafter called the “County”) is qualifying interested parties for the provision of trail connection cost/benefit and public surveys for the Aspen Airport Business Center to Brush Creek Park and Ride Feasibility Study. II. COUNTY BACKGROUND Covering 975 square miles, Pitkin County is located in the heart of the White River National Forest, surrounded by the spectacular peaks of the central Rocky Mountains. Pitkin County is located in Colorado with the county seat of Aspen. Pitkin County includes the communities of Aspen, Snowmass, Woody Creek, Old Snowmass, Meredith, Thomasville, Redstone and portions of the town of Basalt. As public servants, we work in the public trust to ensure quality of life and experience in Pitkin County for present and future generations. Organizational Values: Pitkin County embraces the following values to promote public trust and confidence in County Government. Stewardship: We strive to leave our natural environment, community, public assets, and organization in better condition than we found them for current and future generations. Ethics: We hold ourselves to high standards of honesty and dependability in the conduct of county business. Excellence: We are committed to providing quality services that are accessible, accurate and innovative to meet our community’s needs. Collaboration: We work together as employees and with citizens and other government, non-profit and private sector organizations helping each other succeed in promoting and achieving the public’s goals. Open Communication: We are committed to listening to our citizens and partners and to giving accurate and timely information. RFP 300.22 Rev. 2019.05.06 CDD Budget Line Item #: 11836361.531000 4 Positive Work Environment: We appreciate dedicated and knowledgeable employees and support their professional and personal growth. Additional information about the County may be found on the County’s website at: http://www.pitkincounty.com/DocumentCenter/View/4468 III. SCOPE OF WORK A. SPECIFICATIONS Trail Connection Cost/Benefit and Public Sentiment Study Goal This study is intended to develop a clear understanding of the costs, benefits and public sentiment of a potential paved trail connection between the Aspen Airport Business Center and the Brush Creek Park and Ride. The goal is to provide a thoughtful, well-researched and logical recommendation of whether to proceed with final design and construction of the AABC to Brush Creek Trail, an important but expensive gap in the area’s paved trail system in the upper Roaring Fork valley. Purpose An engineering feasibility study was completed in spring 2022, evaluating three potential physical connections to address this missing link in the regional trail network (followed by two addendums which looked further into the potential to utilize the CDOT highway platform and the feasibility/costs of paving the existing gravel trail into Aspen). These preliminary-design efforts have narrowed the project largely to one feasible alternative though there may be options to phase/combine different elements. However, project costs are estimated to be significant: About $20 million-$25 million. The purpose of this study is to assess the costs and benefits as well as the public’s opinion on constructing paved bicycle and pedestrian connection from the Aspen Airport Business Center (AABC) to the Brush Creek Park and Ride (BC PNR). Development of this project is a high priority for the local governments, and has been on the books for a long time, with initial studies in 2012. The elected officials believe that additional study is required before additional design and construction efforts are undertaken. The following information is needed: 1) Community Sentiment: Is there community support for this project? For what reasons and to what degree? How does the community feel about the project cost? Are there objections-- can they be mitigated? How does the public feel about a phasing plan? Is the public wiling to pave the gravel section of the Rio Grande Trail through Slaughterhouse Canyon, which could potentially offset the need for (and costs of) the up valley bridge? 2) Community Benefits and Risks: What are the benefits to the community and can they be quantified? For instance, what is the impact to first and last mile mobility and overall mobility (for commuting and recreational trips)? Will completing this RFP 300.22 Rev. 2019.05.06 CDD Budget Line Item #: 11836361.531000 5 connection reduce vehicle trips? Is there an impact on GHG emissions? What other benefits should be considered and quantified? What risks should be considered? Project Approach The following is a suggested project approach that proposers may use as a rough template; however, proposers are encouraged to develop a project approach that best meets the purpose and goals of the project, the steps below may occur concurrently and/or some elements of Task 3 may be needed to help inform Task 2. Task 1: Project Initiation Consultant Team (Consultant) and agency staff (Staff) will review and refine (if needed) project goals, process, deliverables and schedule. Consultant will specify background information required from Staff and when it is needed. Task 1 Deliverables 1) Summary of Task 1 project scoping and data needs Task 2: Public Outreach The consultant should provide a research plan and public process that utilizes trails and transportation planning and community engagement best practices. The consultant should design a robust and credible public process to understand the community sentiment and potential utility of this trail connection. The public process should also be oriented to provide the information needed in Task 3. A statistically valid survey is not a requirement of this proposal unless it is recommended by the consultant as the best tool. Survey methods and/or other engagement strategies should ensure that specific neighborhoods and user groups that the project is likely to impact are represented. 1) Community Meetings: Consultant shall meet with residents, government staff and other stakeholders to discuss the benefits and risks of this project, support for the project, perceived concerns and risks, information needed to make decisions, and potential ways to mitigate risks and concerns. Some of the more targeted individuals and groups shall include: a. Residents of the AABC, North Forty, Burlingame, Brush Creek Village and W/J b. Staff from City of Aspen Town of Snowmass Village, Pitkin County, RFTA and CDOT 2) Community Surveys: Consultant shall develop a survey instrument and survey process to gauge the opinion of the community. Questions shall be oriented to help understand overall community support for this project, support for project costs, objections to the project, and sentiments about mitigation strategies and project phasing, sentiments about paving the gravel section of the Rio Grande Trail, etc. Task 2 Deliverables Public Outreach Plan that includes: RFP 300.22 Rev. 2019.05.06 CDD Budget Line Item #: 11836361.531000 6 a. List of proposed meetings, participants, and agendas b. Survey instrument(s), process, and schedule c. Results and analysis of outreach Task 3: Risk and Benefit Data Collection Consultant shall outline and execute a process to estimate community risks and benefits, such as overall mobility and inclusivity of the regional trail system, impact to first and last mile mobility, seasonality of use and interaction with Nordic trails system and winter maintenance needs, potential reduction in vehicle trips, impact on GHG emissions, regional high level economic impacts, and health impacts, etc. Consultant shall also outline the potential risks of the project and mitigation options. As a part of the cost/benefit discussion it will be important to understand the potential funding strategies that may be available including opportunities for grant funding to offset local government funds. How the project’s price tag would impact the dedicated trails budget for the City and County’s funds. Task 3 Deliverables 1) Scope of community risks and benefits and process to estimate 2) Summary of Results Task 4: Reporting During this process, Consultant shall provide updates to project staff and final reports to relevant boards and committees. The Consultant shall provide the following final reports: 1) Final Report, including a summary of Tasks 1, 2, 3 and Recommendations to Pitkin County and City of Aspen Open Space Boards (likely in a joint meeting) and to the Elected Officials Transportation Committee (EOTC) which includes elected officials from Pitkin County, the City of Aspen and the Town of Snowmass Village Timeline/Budget: The goal would be to kick the project off at the start of 2023 with a 6-month process with final presentations to a joint meeting of the County and City Open Space and Trails Boards May 18 and to the EOTC at their June 29 meeting. Final materials will be due May 12. The project is jointly funded by Pitkin County Open Space and Trails, the City of Aspen Open Space and Trails, and the EOTC – the project partners are interested in a consultant/consultant team who can effectively and efficiently execute the project, if there are portions of the scope where there are options to undertake different approaches, these may be included as “add-ons” to the core scope/fee. The engineering feasibility study can be found in the active projects www.pitkinostprojects.com. RFP 300.22 Rev. 2019.05.06 CDD Budget Line Item #: 11836361.531000 7 B. ADDITIONAL INFORMATION It is the Contractors responsibility to provide all safety equipment necessary and to perform all work in a safe and workman-like manner. Pitkin County reserves the right to enter the working site for periodic checks of safe working environments. IV. SELECTION PROCESS The County is required by the terms of the Pitkin County Procurement Code to conduct a competitive selection process to select a Contractor for the above- described proposal. This process shall be through formal proposals submitted in response to this Request for Proposals. A. SUBMITTALS 1. Proposer shall submit proposals for this Service as outlined in the Request for Proposals and Scope of Services, or an alternately developed plan as developed by Proposer in response to and in accordance with this Request for Proposals and Information to Proposers attached hereto. Proposal Format: Each response shall be 8½” X 11” in size. Font, Times New Roman, size shall be no smaller than 12 point and submission shall not exceed twenty (20) pages total, any page after page 20 will not be reviewed. Exclusions for cover letters, Proposal Form, personnel résumés, and Template Contract revisions, all to be uploaded as their own separate file. Proposals may include pages up to 11”x17” size with each sheet larger than 8.5”x11” counting as two sheets. a. The proposal must contain name, address, daytime phone number(s), and e-mail address for person(s) to whom additional selection process requests should be communicated; b. A proposed approach (basic description of how Proposer will proceed with this Service), timetable for the Service, and proposed method of compensation for services rendered; c. A statement of Qualifications of the Proposer; d. References; e. A completed Proposal Form; f. List of all subcontractors; g. Fee schedule for any work completed not included in Scope of Work 2. Proposer may be required to supply additional information upon request, or to make additional submissions under secondary selection criteria, if necessary. RFP 300.22 Rev. 2019.05.06 CDD Budget Line Item #: 11836361.531000 8 3. All Proposals must be uploaded to the BidNet Direct website. Proposals will not be accepted in any other form or manner. 4. During the Request for Proposal selection process, all proposals shall remain confidential. The entire selection process (procurement) file shall be available to the public (which includes all Proposers) after an agreement is approved by the County, except those items for which confidentiality has been requested in writing by the Proposer, and providing that the County Attorney has reviewed and determined this to be the properly confidential under the State Open Records Act and other relevant statutes and regulations. B. TIME SCHEDULE The County will endeavor to use the following timetable: November 28, 2022 Request for Proposals publicly advertised, posted on website (www.bidnetdirect.com/colorado) December 9, 2022 PROPOSALS MUST BE UPLOADED TO BIDNET DIRECT BY 2:00 PM MT Week of December 12, 2022 Meeting of Selection Committee; checking of references; requests for additional information, if necessary; scheduling of interviews, if necessary December 15, 2022 Notice to Proposers Early January 2023 Anticipated Contract Start Date C. EVALUATION CRITERIA AND WEIGHING Selection of the "short-listed" Proposers to be interviewed and/or the selection of the top-ranked Proposer will be based upon the following criteria and relative importance (or as the same may be amended or supplemented by published secondary selection criteria, if any): 1. Approach to Project 35% The Proposer shall prepare a brief statement as to intention to handle: A. The Project B. The Project Schedule 2. List of similar work 30% The Proposer shall submit examples of work of similar size and type. RFP 300.22 Rev. 2019.05.06 CDD Budget Line Item #: 11836361.531000 9 3. Estimated Cost of Services, including Reimbursable Expenses 25% List of reimbursable expenses should be submitted with a top-set. A. The Proposer shall list all costs assumed necessary to provide a completed product, including i. Labor expenses ii. Reimbursable expenses iii. Miscellaneous expenses B. The Proposer shall provide a list of standard pickup rates and other necessary rates to complete the Project. 4. References 10% The Proposer shall provide a list, including contact name and information, of references/prior clients, especially local, state and federal government. D. SELECTION COMMITTEE Communications between Proposer and any member of the selection committee during the selection process except when and in the manner expressly authorized by the Request for Proposals, is prohibited. Violation of this restriction is grounds for disqualification from the process. Voting Members of the Selection Committee: Nonvoting counsel to the Selection Committee: - Gary Tennenbaum, Pitkin County OST -Jessie Young, Pitkin County OST -Linda DuPriest, Pitkin County Regional Transportation Director -Matt Kuhn, City of Aspen Parks and Open Space Director -John Spiess, City of Aspen Open Space and Natural Resource Manager -David Johnson, Roaring Fork Transportation Association Planning Director -County Attorney -County Procurement E. CONTRACT A sample of the Pitkin County Contract for the Provision of Services is included as Attachment A. The Proposer must present exceptions to the standard contract with the proposal. If concerns are not expressed, the County shall consider that terms and conditions as accepted. Contract alterations, modifications, additions or deletions will not be accepted at any time after proposals are submitted. Submittal of contract changes is for County information only and will only be reviewed upon vendor selection has been completed; it does not disqualify any vendor from contract award. RFP 300.22 Rev. 2019.05.06 CDD Budget Line Item #: 11836361.531000 10 PROPOSAL FORM Proposal Time: 2:00 PM MT Proposal Date: Decemeber 9, 2022 From: __________________________________________ ____________ _____________ Phone: _____________ E-mail Address: ____________________________ To: THE PITKIN COUNTY BOARD OF COMMISSIONERS c/o Procurement 530 E Main Street, Suite #304 Aspen, CO 81611 For: RFP 300.2022: Trail Connection Cost/Benefit and Public Sentiment Study Pursuant to a request by the Pitkin County Commissioners, the undersigned Proposer having examined this Request for Proposals (RFP), including the site of the proposed Service and being familiar with conditions surrounding the Service of the proposed Service, including the availability of materials and labor hereby proposed to furnish all labor, materials, supplies, applicable permits, services and supervision required to perform the Service as detailed in this RFP for the sum of: The Fee Schedule for this project and any similar work not included in the Scope of Work is included. Statement and Detailed Approach to Service: Qualifications of Proposer: Please insert names address, phone numbers and description of similar Service for Reference Checks. RFP 300.22 Rev. 2019.05.06 CDD Budget Line Item #: 11836361.531000 11 1. 2. 3. It is further understood that the right is reserved by the County to reject any and all proposals and it is agreed that the proposals may not be withdrawn for a period of ten (10) days from specified time for receiving proposals. The Proposer acknowledges receipt of Addenda Nos. . The right is reserved to waive any informalities and to reject any Proposal. (Type/Print name under all signatures) Dated this day of , 2022 (Corporate seal) PROPOSER: SIGNATURES: 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 secretary and properly sealed. If the proposal is being submitted by an individual or a partnership, the proposal shall so indicate and be properly signed. RFP 300.22 Rev. 2019.05.06 CDD Budget Line Item #: 11836361.531000 12 INSTRUCTIONS TO PROPOSERS FOR PITKIN COUNTY CONTRACTS 1. a. A "Proposal" is a responsive, conforming, unconditional, complete, legible and properly executed offer on the Pitkin County Proposal Form to do the work called for in the Request for Proposals (“RFP”). b. Proposals must be submitted electronically in PDF format and submitted at the time and place designated in the RFP. Electronic submissions must be clearly marked as a "sealed proposal" with the Service name and the name, contact person, mailing address and telephone number of the Proposer. The County reserves the right to request verification of any original or electronic signature at any time before issuing a Notice of Award. c. It shall be the responsibility of the Proposer to ensure that the Proposal is in proper form and in the County's possession by or before the scheduled time and date of public Proposal opening. Proposals will not be accepted after the scheduled time and date of opening. Any Proposals received late will be returned to the Proposer unopened, if possible. In the event that it is impossible to determine who the late Proposer is unless the envelope is opened, the envelope will be opened, the address determined, and the envelope and Proposal returned immediately to the Proposer. d. If specified in the Request for Proposals, parties who request packages of proposal documents will be required to pay a fee for the document package. All parties who request packages must provide the name of the potential Proposer, along with the name of a contact person, address, telephone number, and email address for the purpose of dissemination of Addenda or additional proposal information. e. If a mistake is made or discovered at or after the public opening, the County reserves the right to determine which party made the mistake and whether the mistake is material and, after these determinations, the County, in its sole discretion, shall make the decision whether to accept or reject the Proposal. No advantage shall be taken by either party of manifest clerical errors or omissions in the Proposal documents or the Request for Proposals (and plans and specifications). All Proposers are required to notify the County immediately of any errors of omissions that may be encountered. (See 2.a. and 2.c., below). f. The signer of the Proposal must initial any alteration or erasure. If provided on the required Proposal Form, the proposal price of each item must be stated in numerals and words; in case of a conflict, the words will control. In case of conflict between the indicated sum of any addition of figures and the correct sum, the correct sum will control. g. No reimbursement will be made by the County for any costs incurred in the preparation of a statement of qualifications, Proposals, or attendance at a site inspection, pre-bid conference or interviews. h. No person, firm, corporation or other entity shall be allowed to make, file or be interested in more than one Proposal for the same work, unless alternate proposals are called for. A person, firm, corporation or other entity who has submitted a subproposal RFP 300.22 Rev. 2019.05.06 CDD Budget Line Item #: 11836361.531000 13 to Proposer, or who has quoted prices on materials to a Proposer, is not hereby disqualified from submitting a subproposal or quoting prices to other Proposers. 2. a. If any person contemplating submitting a Proposal is in doubt as to the true meaning of any part of the Drawings, Specifications or other Proposal or Contract Documents, or finds discrepancies, errors, ambiguities, inconsistencies, incompleteness or omissions in the Drawings or Specifications or the proposal process, he/she must submit to the Procurement Officer a written request for an amplification, clarification, explanation, interpretation or correction thereof. Failure to do so shall constitute: (1) acceptance by the Proposer of the Drawings, Specifications or other Proposal or Contract Documents as is, and (2) a waiver by the Proposer of any and all claims arising, or that might arise, out of such discrepancies, errors, ambiguities, inconsistencies, incompleteness or omissions. b. Proposers may propose substitute materials or techniques if such substitution is equal to or better than the materials or techniques described in the RFP and if the substitution has been submitted in writing at least ten (10) days prior to the public Proposal opening. The burden of proof of equality or superior quality is on the Proposer. If accepted as equal by the County in its discretion, the substitute will be designated as an alternative on a formal addendum distributed to all Proposers at least three (3) days prior to the deadline for Proposal submission. c. Any amplification, clarification, explanation, interpretation or correction of the documents will be made only by written Addendum duly issued and a copy of the Addendum will be mailed or delivered to each person receiving a set of the Proposal Documents. Delivery, as used in these Instructions, shall include electronic delivery through e-mail, facsimile, web-posting or other electronic means. Neither the County nor the Procurement Officer will be responsible for any information, representations, explanations or interpretations of the Contract Documents not in written addenda. d. The County reserves the right to call a pre-proposal conference; if called and conducted, a summary of the pre-proposal conference will be mailed or electronically delivered to all parties receiving a set of Proposal documents. e. On request, the County will provide each Proposer access to the site to conduct, at Proposer's sole cost, such inspections, tests and investigations as each Proposer deems necessary for submission of a Proposal. No information provided by County representatives at such a site inspection shall be deemed a waiver of the requirements of 2.a. and 2.c., above. f. Any Addenda issued during the time of the Proposal process, or forming a part of the Proposal Documents, shall be covered in the Proposal, and shall be considered a part of the RFP. Receipt of each Addendum shall be acknowledged in the Proposal. g. If specified in the RFP, a request for qualifications may precede the RFP process. 3. a. Each Proposal, if required by the Proposal Documents, shall be accompanied by a certified check or bid bond in a form acceptable to the County Attorney, in an amount specified, payable without condition to the County as a guarantee that the Proposer, if awarded the Contract, will promptly execute the Agreement in accordance with the Proposal, and will furnish, if required by the Proposal, good and sufficient bonds for RFP 300.22 Rev. 2019.05.06 CDD Budget Line Item #: 11836361.531000 14 the faithful performance of the Contract and for the payment to all persons supplying labor and material for the work (see 10.a., below). The Proposal guaranties of all parties except the three highest scoring Proposals will be returned promptly after the opening of Proposals. After execution of the Contract and issuance of a Notice to Proceed, the remaining two Proposers’ guaranties will be returned. b. Proposer also, if required by the Proposal Documents, will fully complete and submit with the Proposal a Pitkin County Qualification Statement, or an updated Statement if one is already on file. Pitkin County reserves the right to pre-qualify Proposers based on said qualification statements. c. Proposer also must submit with the Proposal a list of subcontractors, independent contractors and suppliers to be employed under the Contract. If the County has a reasonable objection to any such subcontractor, independent contractor or supplier, it shall notify the Proposer and the Proposer may then: (a) withdraw the Proposal; or (b) substitute an acceptable contractor or supplier. If required by the Contract Documents, subcontractors, independent contractors and/or suppliers may be required to submit a Contractor's Qualification Statement. d. Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. e. Proposals by partnerships or limited liability companies (“LLC”) must be executed in the partnership or LLC name and signed by a partner, authorized LLC officer, whose title must appear under the signature and the official address of the partnership or LLC must be shown below the signature. The state in which the entity was formed and whose law governs the entity shall be shown below the signature. f. All names must be typed or printed below the signature. 4. a. Proposer acknowledges that this proposal is solicited and submitted subject to the requirements of the "Pitkin County Procurement Code," (Ordinance #026-2005, as amended by Ordinance #03-2007 (copies available on the Pitkin County website at http://pitkincounty.com/DocumentCenter/Home/View/5314 or upon request for a nominal charge). As such, the Proposer agrees to comply with all applicable require-ments of said Procurement Code relating to proposing, contract drafting, contract administration and ethics. The requirements of the Procurement Code are incorporated herein by this reference. b. The Proposer shall immediately notify the County Manager in writing of any violation of said Code by the County's employees or agents, which violation is known or should have been known by Proposer, and failure to so notify the County of violations within five (5) days of knowledge of such violations shall disqualify the Proposer from award of the Contract being proposed and shall be deemed as a waiver of any action or defense that the Proposer may have against the County by reason of such violation of the Procurement Code. RFP 300.22 Rev. 2019.05.06 CDD Budget Line Item #: 11836361.531000 15 c. The submission of a Proposal shall be conclusive evidence and legal admission that the Proposer: (1) has no questions, complaints or objections in connection with the Proposal process and/or documents, subject to any requests made by Proposer for amplification, clarification, explanation, interpretation or correction pursuant to Paragraph 2.a. and 2.c., above; (2) has no questions, complaints or objections as to the completeness, sufficiency, scope or detail of the Proposal Documents; and (3) has full knowledge of the scope, nature, quality and quantity of work to be performed, the detailed requirements of the Proposal Documents including any and all contract documents, the plans and specifications, the site and conditions under which the work is to be performed, the Pitkin County Procurement Code and applicable Colorado law. 5. a. All Proposals will be opened and read in public by name of Proposer only. No Proposals may be withdrawn after the beginning of the public opening. The County, in its sole discretion, may delay a Proposal opening for no longer than two (2) business days if weather or other circumstances beyond control of Proposers results in delay in receipt of Proposals. Proposals may be withdrawn at any time prior to the beginning of the public opening or modified by a document executed and delivered in a form substantially similar to the Proposal Form prior to opening. b. All Proposals submitted must be valid for a minimum period of sixty (60) days after the date of the Proposal opening. During this time, Proposers are investigated, and Proposals are evaluated. 6. a. Proposals will be awarded to the highest scoring Proposer complying with the terms, conditions, guidelines, selection criteria, plans and specifications presented in the Request For Proposals. All rights are reserved by the County to determine, in the County's sole reasonable discretion, whether the Proposal meets the needs or a purpose intended and is within the budget. b. Although price may be a major consideration in the selection of a Proposal, the County does not award on price alone. The County may also consider the quality of product as judged by the County; past experience with Proposers, subcontractors, independent contractors, products or suppliers; qualifications of the Proposers and/or subcontractors, independent contractors or suppliers; services offered; warranties; maintenance considerations; long-range costs; delivery; and similar considerations, all as specified in detail in the RFP. c. The County reserves the absolute right to conduct such investigations as it deems necessary to assist in the evaluation of any Proposal and to establish the experience, responsibility, reliability, references, reputation, business ethics, history, qualifications and financial ability of the Proposers and proposed subcontractors, independent contractors and suppliers. The purpose of such investigation is to satisfy the County that the Proposer has the experience, resources and commercial reputation necessary to perform the work and support any warranties in accordance with the Contract Documents in the prescribed manner and time. d. The County, at its sole discretion, may require the apparent successful Proposer to demonstrate, at a place and time designated by the County, that the Proposal meets the performance criteria specified, or to otherwise provide documented proof from independent reliable sources acceptable to the County that said performance criteria will be met prior to final acceptance of the Proposal. The burden of proof of such a RFP 300.22 Rev. 2019.05.06 CDD Budget Line Item #: 11836361.531000 16 demonstration is on the Proposer. In the event that the apparent successful Proposer fails to demonstrate or provide acceptable proof of meeting required performance criteria, that proposal will be rejected and the next eligible Proposer in the selection ranking will be invited to participate in the same process until a proposal meeting performance criteria is found within the ranking of eligible Proposers. The County reserves the rights to reject any or all Proposals or to otherwise accept the Proposal which in the County's sole discretion is in the best interest of the County. e. Pitkin County reserves the right, if it deems such action to be in the best interests of the County, to reject any and all Proposals or to waive any irregularities or informalities therein. Any incomplete, conclusory, false or misleading information provided by Proposer shall be grounds for rejection of the proposal. If proposals are rejected, the County further reserves the right to investigate and accept the next best proposal in order of ranking or to reject all proposals and re-solicit for additional pro-posals. f. Any questions or disputes involving the documents or procedures not covered by these Instructions or other Proposal Documents shall be resolved by the Procurement Officer on the basis of fairness, custom in the industry, maximization of competition and best interests and convenience of the County. 7. Issuance of Notice of Award, execution of Contract Documents and issuance of a Notice to Proceed shall be as specified in the Contract Documents. 8. Contracts will be executed on standard Pitkin County Contract documents and/or by separate agreement with the Proposer. Copies of any applicable standard forms are included with the Proposal Documents. The County reserves the right to negotiate with the Proposer for contract terms not specified in the Proposing Documents. Any changes from the Pitkin County standard form contract may result in a delay in the issuance of a Notice to Proceed in order to obtain any necessary County Attorney review of changes from the standard form. Proposer agrees that any such delays shall not be grounds for either additional compensation or an extension of time to complete the work that is the subject of the Proposal. 9. If the contract awarded as a result of a Proposal extends beyond the calendar year, nothing herein shall be construed as an obligation by the County beyond any amounts that may be, from time to time, appropriated by the County on an annual basis. It is understood that payment under any Contract is conditional upon annual or supplemental statutory appropriation of funds by said governing body and that before providing services, the Proposer, if he/she so requests, will be advised as to the status of funds appropriated for services or materials and shall not be obligated to provide services or materials for which funds have not been appropriated. Contract # 300.22 Revision: 2018-06-13 btf Budget Line Item # 11836361.531000 1 PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT, made Enter Contract Date by and between the Board of County Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the “County”) and Contractor Legal Entity, Contractor Street Address (Include Suite/Unit), City, ST ZIP (hereinafter called the “Contractor”) to perform the following work: Project Name (“Project”). I. Term of Contract: The term of this Contract is from Contract Start Date to Contract End Date. Optional Contract Extension II. Contractor’s Obligations. Contractor shall III. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph II. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of spell out number of dollars dollars and spell out number of cents cents ($0.00) for all services rendered. By contract or amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty (30) days of invoice. Any payment by the County may be offset by any amount the Contractor owes the County for any reason. IV. County’s Exclusive Ownership of Work Product. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this Contract shall be the property of the County. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant to this Contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use materials produced in the course of this Contract for marketing purposes and professional presentations, articles, speeches and other business purposes. Contract # 300.22 Revision: 2018-06-13 btf Budget Line Item # 11836361.531000 2 V. Pitkin County’s Obligations. Pitkin County shall administer this Contract through a County Representative. Project Lead, Project Lead Title will manage the project as the County’s Representative. In the event that Project Lead is not available, Alternate Person with Title shall assume the County Representative’s duties. The services provided and products delivered by the Contractor under this Contract will be subject to review by the County’s Representatives, or a designee, for compliance with Contractor’s obligations prior to final payment. VI. Termination Prior to Expiration of Contract Term. The County has the right to terminate this Contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Contract shall become the County’s property. Contractor shall be entitled to receive compensation in accordance with the Contract for any satisfactory work completed pursuant to the terms of this Contract prior to the date of termination. Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the Contractor. VII. Independent Contractor Status. A. The parties to this Contract intend that the relationship between them contemplated by the Contract is that of independent contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this Contract. Contractor may choose to work for other individuals or entities during the term of this Contract, provided that the basic services and deliverable products required under this Contract are submitted in the manner and on the schedule defined under this Contract. C. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor’s obligations under this Contract. D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this Contract. E. Contractor is not entitled to any Workers’ Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. VIII. Assignability. This Contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this Contract must be accepted in writing by the County. Contract # 300.22 Revision: 2018-06-13 btf Budget Line Item # 11836361.531000 3 IX. Severability. In the event that any provision of this Contract shall be held to be invalid or unenforceable, the remaining provisions of this Contract shall remain valid and binding upon the parties hereto. X. Integration and Modification. A. This Contract represents the entire and integrated Contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oral. This Contract may be amended only by written contract signed by both the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor’s compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this Contract. XI. Indemnity. A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this Contract of indemnity applies. In consideration of the award of this Contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. XII. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contract # 300.22 Revision: 2018-06-13 btf Budget Line Item # 11836361.531000 4 Contractor, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The policies shall include, or be endorsed to include, the following provision: On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits of liability requirements provided that the coverage is written on a “following form” basis. 1) Statutory Workers’ Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. b. This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers’ Compensation Act AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers’ Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 2) Commercial General Liability – ISO 1CG 0001 form or equivalent. (With County named as an additional insured) Minimum Limits: General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Contract # 300.22 Revision: 2018-06-13 btf Budget Line Item # 11836361.531000 5 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 Coverage to include: • Premises and Operations • Explosions, Collapse and Underground Hazards • Personal / Advertising Injury • Products / Completed Operations • Liability assumed under an Insured Contract (including defense costs assumed under contract) • Independent Contractors • Designated Construction Project(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent) • The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: “County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations”. 3) Auto Liability: Bodily injury and property damage for any owned, hired and non-owned vehicles used in the performance of this Contract. Minimum Limits: Statutory Coverage Bodily/Property Damage (Each Accident) $ 1,000,000 4) Special Coverages (check as appropriate and insert amount): a. ☐ Performance Bond $ b. ☐ Professional Errors and Omissions c. ☐ Aircraft Liability d. ☐ Owner’s Protective e. ☐ Builder’s Risk f. ☐ Boiler and Machinery g. ☐ Loss of Use Insurance h. ☐ Pollution Liability i. ☐ Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: Contract # 300.22 Revision: 2018-06-13 btf Budget Line Item # 11836361.531000 6 1) Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be emailed directly to Procurement@pitkincounty.com. If the insurance carrier will not provide the required notice, the Consultant/Contractor and or its insurance broker shall notify the County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurers’ notification to that effect. Simultaneously with the Certificates of Insurance, the Contractor shall file with the Project Lead a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. 2) In addition, these Certificates of Insurance shall contain the following clauses: a. The contractor’s insurance shall be primary and non-contributory with any insurance or self-insurance purchased by the County. b. The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. c. Any and all deductibles or self-insured retentions in the above- described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. d. Location of operations shall be: “all operations and locations at which work for the referenced Project is being done.” 3) Certificates of Insurance for all renewal policies shall be delivered to the County’s Representative at least fifteen (15) days prior to a policy’s expiration date except for any policy expiring on the expiration date of this Contract or thereafter. 4) The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this Contract. XIII. Exemptions and Preferences. All purchases of construction or building or any other materials for this Contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5k. XIV. Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this Contract for a period of three (3) years after final payment under the Contract and the County shall have the right within the three (3) year period to inspect and audit these books, records Contract # 300.22 Revision: 2018-06-13 btf Budget Line Item # 11836361.531000 7 and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the Contract and applicable law. XV. Contract Made in Colorado. The parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. XVI. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney’s fees. XVII. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this Contract, the monetary limitations or terms (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this Contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. XVIII. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County’s obligations under this Contract are subject to Pitkin County’s annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the Contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the Contract shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This Contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County’s then current fiscal year. No provisions of this Contract shall be construed to pledge or create a lien on any class or source of Pitkin County’s moneys, nor shall any provision of this Contract restrict the future issuance of Pitkin County’s bonds or any obligations payable from any class or source of Pitkin County’s money. XIX. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent Contract # 300.22 Revision: 2018-06-13 btf Budget Line Item # 11836361.531000 8 under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To Pitkin County: Project Lead Street Address City, ST ZIP Email: first.last@pitkincounty.com with copies to: Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Email: Attorney@pitkincounty.com To Contractor: Contractor Legal Entity Contractor Street Address (Include Suite/Unit) City, ST ZIP Phone: ( ) - Email: first.last@emailserver.com XX. Public Contracts for Services and Public Contracts with Natural Persons. In conformance with the provisions of C.R.S. §§ 8-17.5-101, et seq., as amended and C.R.S. §§ 24-76.5-101, et seq., as amended: A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, through participation in the E-Verify Program established under Pub. L. 104-208 or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor (i) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor Contract # 300.22 Revision: 2018-06-13 btf Budget Line Item # 11836361.531000 9 and Employment. If Contractor participates in the State program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101 et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. B. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Contractor, if a natural person 18 years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101 et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract. Contract # 300.22 Revision: 2018-06-13 btf Budget Line Item # 11836361.531000 10 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. CONTRACTOR LEGAL ENTITY ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date MANAGER APPROVAL: ________________________________________________ !#COUNTY MANAGER#! Date December 9th, 2022 | Prepared for Pitkin County Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 December 9, 2022 Pitkin County Board of Commissioners c/o Procurement 530 East Main Street, Suite #304 Aspen, CO 81611 Re: Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 Dear Members of the Selection Committee, The AABC to Brush Creek trail project will fill a gap that is missing today in the greater transportation network of Pitkin County. With numerous trails built in the last decade, it is now down to the sections that are more complex and costly, such as this one. This trail is one of those. This trail is expensive to build due to the nature of the terrain in the area, and after the initial trail study, stakeholders decided to take a deeper dive into project development and execution to ensure the cost-benefit is beneficial for the entire community. Ensuring all relevant data is collected is key to making a sound decision, and this project will set a framework that will help community members determine if implementing this section of trail is worth the cost. Experienced Engagement Team. The Kimley-Horn and PR Studio (PRS) team is experienced in the type of community engagement needed for this project to be successful. Through our community engagement plan, our team will target key decision makers in order to understand the qualities they are looking for in a trail project. Community stakeholders need to understand all viewpoints, and it is up to our team to make that information digestible to all stakeholders. Our team’s experience in creating a robust public engagement plan is unmatched and we know how to move this entire process into a final decision. Local Knowledge with Multimodal Expertise. Our team is unique in that we have deep local knowledge combined with nationally recognized multimodal expertise. Our team understands local community roadblocks and can provide case studies and expertise from around the nation where similar projects have happened. This combined expertise will lead to an informed decision-making process that will be successful for this project. Agile and Nimble. Our team understands that with all engagement and planning processes, project planning aspects never go as planned. Our experience in these situations has made us more agile and nimble to capture the needs of the project. This can range from not getting the right people to the table, to not collecting the right data, to roadblocks in scheduling certain meetings. All of these aspects happen in all projects and our team is ready and able to pivot as needed for the project. Thank you for considering our qualifications and experience. With Kimley-Horn, you can expect more and experience better. We have reviewed the sample contract and have included out proposed exceptions in a separate attachment. We look forward to working with you. For additional information and selection process requests, please contact Project Manager Anthony Pratt at anthony.pratt@kimley-horn.com or 720.600.6009. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Kimley-Horn 16 Kearns Road Snowmass Village, CO 81615 Anthony Pratt, PLA, ENV SP Project Manager Brian Smalkoski, P.E., AICP, PTP, PTOE Vice President/Authorized Signer RFP 300.22 Rev. 2019.05.06 CDD Budget Line Item #: 11836361.531000 10 PROPOSAL FORM Proposal Time: 2:00 PM MT Proposal Date: Decemeber 9, 2022 From: Kimley-Horn_________________________________________ 380 Interlocken Crescent, Suite 100 Broomfield, CO 80021 Phone: 720.600.6009 E-mail Address: anthony.pratt@kimley-horn.com____________________________ To: THE PITKIN COUNTY BOARD OF COMMISSIONERS c/o Procurement 530 E Main Street, Suite #304 Aspen, CO 81611 For: RFP 300.2022: Trail Connection Cost/Benefit and Public Sentiment Study Pursuant to a request by the Pitkin County Commissioners, the undersigned Proposer having examined this Request for Proposals (RFP), including the site of the proposed Service and being familiar with conditions surrounding the Service of the proposed Service, including the availability of materials and labor hereby proposed to furnish all labor, materials, supplies, applicable permits, services and supervision required to perform the Service as detailed in this RFP for the sum of: The Fee Schedule for this project and any similar work not included in the Scope of Work is included. Statement and Detailed Approach to Service: Research and creation of risks and benefits for the proposed Aspen Airport Business Center (AABC) to Brush Creek Trail; engagement for the vision, goals, and findings of the project; and presentation of a report summarizing the project. Qualifications of Proposer: Please insert names address, phone numbers and description of similar Service for Reference Checks. RFP 300.22 Rev. 2019.05.06 CDD Budget Line Item #: 11836361.531000 11 2. 3. It is further understood that the right is reserved by the County to reject any and all proposals and it is agreed that the proposals may not be withdrawn for a period of ten (10) days from specified time for receiving proposals. The Proposer acknowledges receipt of Addenda Nos. N/A . The right is reserved to waive any informalities and to reject any Proposal. Dated this 9 day of December , 2022 (Corporate seal) PROPOSER: SIGNATURES: 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 secretary and properly sealed. If the proposal is being submitted by an individual or a partnership, the proposal shall so indicate and be properly signed. (Type/Print name under all signatures) Brian Smalkoski, P.E., AICP, PTP, PTOE Vice President *Evidence of Authority to sign is included on the next page Attested by: Lisa K. Noon Vice President/Secretary State of Incorporation: North Carolina Kimley-Horn and Associates, Inc. 421 Fayettville Street Suite 600 Raleigh, NC 27601 1. Geoff Nettleton , Civil Engineer III, City of Louisville 749 Main Street, Louisville CO 80027, 303.335.4603Multimodal Transportation Planning Ryan Sorensen, Region 1 North Resident Engineer, Colorado Department of Transportation 4670 Holly Street, Denver CO 802016, 303.398.6783 Multimodal Transportation Planning Patrick Hammer, Park and Recreation Director, Town of Erie150 Connell Avenue, Erie CO, 80516, 303.926.2540Multimodal Transportation Planning Kimley-Horn and Associates, Inc. FULL CONTRACT SIGNING AUTHORITY December 16, 2021 Page 2 of 2 MID-WEST CHICAGO DOWNTOWN Dvorak, Jr., William E. Marnell, Colleen L. Morton, Jr., Arthur J. CHICAGO SUBURBAN Antony, Dean M. Cooper, Jason C. Heinen, Andrew N. Kissinger, John C. Sjogren, Timothy Walker, William A. West, Craig L. COLUMBUS Muller, Justin M. INDIANAPOLIS Butz, Jr., William A. TWIN CITIES Bishop, Mark C. Coyle, Daniel J. Elegert, Brandon R. Hume, Robert M. Kuhnau, JoNette L. Leverett, Christopher C. Matzek, William D. Schmitz, William J. MOUNTAIN BOISE McDougald, Brandon D. COLORADO SPRINGS Gunderson, Eric J. DENVER Andryscik, Kory J. Colvin, Scott W. Krell, Gabriel M. Phelps, Randall J. Rowe, Curtis D. Salvagio, Robin Skeehan, Daniel L. Sobieski, Dennis Turner, Meaghan M. Valentine, Brian W. Wilhelm, William R. LAS VEGAS Ackeret, Kenneth W. Colety, Michael D. Jones, Christopher R. Moles, Richard A. MESA Burm, Jason M. Grandy, Michael L. Margetts, Sterling T. Walnum, Nathan C. PHOENIX Connelly, Alissa J. Henderson, Benjamin J. Hermann, Michael J. Jupp, Andrew M. Kimm, Kevin J. Leistiko, David J. Marella, Damon J. Mutti, Brent H. Perillo, Adam C. Smalkoski, Brian R. RENO Hildebrandt, Timothy H O’Brien, Molly M. SALT LAKE CITY Crowther, Brent C. Johnson, Zachary A. SEATTLE Belsick, Jody W. Danielson, Paul B. TUCSON Payne, Kevin W. Rhine, Timothy J. SOUTHEAST ALPHARETTA Fanney, Angela L. Fanney, Lawson H. Hamilton, James R. James, Alvin B. Shearouse, Sarah Stricklin, David L. Walker, John D. Webb, Floyd C. ATLANTA Ergle, Kevin B. Rushing, Michael L. ATLANTA MIDTOWN Bosman, Eric S. Fink, Kenneth L. Johnston, Sean P. Montanye, Emmeline F. Ross, Robert A. CHARLESTON Guy, Jonathan R. CHARLOTTE Blakley, Jr., Stephen W. Edwards, Matthew A. Pattison, Paul G. Taylor, Benjamin S. COLUMBIA Iser, Christopher M. DURHAM DOWNTOWN Beck, Chadwick W. Lewellyn, Earl R. MEMPHIS Collins, James F. Danley, Drake E. Peregoy, Jennifer M. NASHVILLE Creasman, Brett R. Dufour, Zachary J. McMaster, Ryan L. Rhodes, Christopher D. RALEIGH Adams, Richard C. Barber, Barry L. Cochran, Adam P. Cook, Richard N. Deans, Neil T. Keil, Ashley R. Flanagan, Tammy L. Kuzenski, John Meador, Emily H. Nuckols, Charles A. TEXAS AUSTIN NORTH Boecker, Brian C. Van Leeuwen, Andrew AUSTIN SOUTH Hudson, Harrison M. Mason, Sean R. DALLAS Galloway, Steven D. Gary, Glenn A. Hall, James R. Harris, Mark E. Hoppers, Kevin P. Nathan, Aaron W. Sulkowski, Nicholas E. Williamson, Sarah T. FORT WORTH Arnold, Scott R. Atkins, John R. James, Jeffery FRISCO Brignon, Brit A. Coppin, Thomas G. McCracken, Paul D. HOUSTON Frysinger, Chris V. Guillory, Michael B. Hicks, Rebecca Rader, Aaron K. Schmidt, Scott C. LAS COLINAS Ante, Louis N. Arnold, Douglas M. MCKINNEY Morales, Hugo SAN ANTONIO Farnsworth, Jeffrey A. Holscher, Nicholas F. THE WOODLANDS Freeman, Jr., Steven C. Proposal for Trail Connection Cost/Benefit and Public Sentiment Study December 9th, 2022RFP 300.22 Prepared for Prepared by Key Contact Kimley-Horn proposes Anthony Pratt as Project Manager for Pitkin County’s (the County) trail connection cost/benefit and public sentiment study. If there are any questions regarding the qualifications of the firm or any additional requests, please contact Project Manager Anthony Pratt using the information provided below. Anthony Pratt, PLA ENV SP Project Manager Kimley-Horn 380 Interlocken Crescent, Suite 100, Broomfield CO 80021 anthony.pratt@kimley-horn.com 720.600.6009 Proposed Approach The Aspen Airport Business Center (AABC) to Brush Creek Trail study was completed in Spring of 2022. This study evaluated the potential options for alignments of the trails and potential re-uses of existing trails to complete this gap. The final study estimated this trail connector will cost between $20-25 million. Due to the price tag of this project, there are concerns regarding if this section of trail is worth the cost to construct. The goal of this project is to evaluate the options through qualitative and quantitative data to allow decision makers and stakeholders to decide if the financial investment in the trail is worth it. This data will include feedback through an engagement process, transportation data, and community values. Our team has prepared the following scope that responds to the scope provided in the Request for Proposal (RFP), but also provides key insights into how our team will accomplish the tasks using our expertise in public engagement and trail and transportation planning and design. Task 1: Project Initiation The project initiation and project management task of this project is two-fold. This task involves ensuring that project is kicked off strongly but also includes the overall management of the project throughout the contract. The project initiation includes all the administration tasks for setting up the project, the project kick-off meeting, and data collection. Our project management methodology includes regular project check-in meetings and management of the contract. Effective project management will be key to moving this project quickly and thoughtfully. Deliverables: Data needs list, bi-weekly check-in meetings, project kick-off workshop Task 2: Public Outreach Kimley-Horn is sensitive to the pivotal role of a meaningful public outreach program that enables community members to establish their priorities. Public outreach determines the overall design program, funding strategies, and implementation priorities. We have partnered with our trusted subconsultant PR Studio (PRS) to help deliver the most comprehensive solutions to meet your specific goals. As part of our public outreach plan, we will include a list of proposed meetings, participants, and agendas; survey instruments; process; schedule; and results and analysis of our outreach. December 9th, 2022 | Prepared for Pitkin County Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 2 Formation of a Technical Working Group [Estimated Three Meetings] Our project team will assist the County to organize and facilitate a technical working group, which represents parties who are interested in the AABC to Brush Creek Trail project development. This technical working group will serve as a peer advisory group who provides feedback for the outreach approach, communication materials, and desired outcomes. We anticipate that the group will meet three times before of the start of the public outreach, mid-way through after the survey results, and once before the final meeting presentation. Communications Materials Development and Dissemination Our project team will develop communications materials that include the information about the initiative of the initiative, provide continuous feedback and input opportunities for stakeholders, and utilize tools that are relevant to this project, such as mapping and trail alignment. We will prepare the materials necessary for the outreach component of the program, which includes a logo and branded templates for internal and external communications materials. We will also develop other project marketing materials, programs, and presentations as needed. Public Outreach Community Meetings: Listening Series [Estimated 10-12 Meetings] Our project team will organize, plan, coordinate and conduct public outreach listening meetings to collect insight from the community and discuss project benefits, risks, concerns, and opportunities. Additionally, if desired, the project team can support community-wide meetings at major milestones to provide opportunities for the public to engage directly with the project team through interactive activities. We anticipate these meetings will be more dynamic, educational, and accessible than a traditional presentation or Q&A format. There can also be an option for a virtual wrap up meeting. This task also includes coordination and facilitation of meetings and briefings with the public, special interest groups, and the media (as directed by the County). We will also lead the monitoring, managing, and collection of community comments, feedback, and quantifiable data from public meetings, and will lead coordination and partnership with other agencies and interested parties regarding project information. December 9th, 2022 | Prepared for Pitkin County Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 3 Potential Meeting Schedule Participants Additional Details North Forty Neighborhood and Residents of AABC Hosted at Colorado Mountain College (CMC) CMC Aspen Campus Staff, Faculty, and Students Brush Creek Village Homeowners Association (HOA) WJ Residents and Property Managers City of Aspen Peer Group, Co-hosted by City of Aspen Town of Snowmass Village Peer Group, Co-hosted by Town of Snowmass Village Pitkin County Peer Group, Co-hosted by Pitkin County Roaring Fork Transportation Authority (RFTA)Internal Peer Group Conference Call Colorado Department of Transportation (CDOT)Internal Peer Group Conference Call Woody Creek Caucus Commercial Businesses Bike Shop Rental Owners and We Cycle with possible phone interviews with other bike outlets Deliverables: Public outreach plan, facilitation of listening meetings, meeting materials and presentations, visual exhibits, creation of project webpage: https://www.pitkinostprojects.com/, attendance of meetings (Kimley-Horn to attend up to four meetings in person and the rest virtually) Digital Survey The team will design and administer an online digital survey to gauge the opinion of the community on the development of this trail. The survey will identify a range of perspectives on topics that will assist the County in determining the feasibility of the trail. The project team will also interpret the survey results and will analyze responses in a variety of ways to identify trends and inform next steps. Deliverables: Determined desired outcomes, draft and final survey, create timeline and publicity materials, create survey content, survey administration, analyze and present results (Optional: text messaging survey engagement) Task 3: Risk and Benefit Data Collection The goal of task three is to outline and estimate community risks and benefits of the project. Our project team will analyze and present the information gathered from our public engagement process so that stakeholders can make informed decisions regarding the feasibility of the trail segment. Our team is proposing that we create an evaluation matrix that will evaluate the recommended trail alignment, the alternate trail alignment, and no trail options. Data will be collected using existing data sources such as transportation data through Replica, planning documents, Geographic Information System (GIS) data, and other various sources, which will be used to build the evaluation matrix. The categories for the matrix will be reviewed by the County and will be developed through initial meetings with staff, stakeholders, and the community. Additionally, the categories will be in alignment with community goals and visions. Deliverables: Risk and benefit evaluation matrix December 9th, 2022 | Prepared for Pitkin County Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 4 Task 4: Reporting Our project team will create a brief report to the Pitkin County Open Space and Trials Board and the Elected Officials Transportation Committee (EOTC) to discuss the outcome of the community feedback. Deliverables: Risk and benefit report with exhibits, report presentation Additional Considerations The Brush Creek Park and Ride is located in an area that is designated for future development. There are adjacent landowners who will be interested in the planning of this potential trail. At a minimum, the County may want to consider a select focus group to discuss public benefits of this trail connection and the long-term considerations to any potential future development. This could be a possible area of transit and trail orientated developments. Having a better understanding of what that could look like will add to the benefits and risks of implementing this trail. Project Schedule Kimley-Horn is committed to being responsive, meeting your milestones, and helping the County achieve its project objectives on time. We are prepared to meet your schedule and will be proactive in our management of the project to enable you to feel confident that we are continually on track. The following graphic summarizes our proposed timeline for providing services under this contract. Schedule TASK DEC JAN FEB MAR APR MAY Project Initiation Digital Survey Evaluation Matrix Listening Meetings Report Out and Wrap Up Final Report and Presentation 5/12 For additional information regarding our proposed method of compensation, please refer to our fee schedule found on page 14. December 9th, 2022 | Prepared for Pitkin County Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 5 Quality Assurance/ Quality Control (QA/QC) Since our founding in 1967, Kimley-Horn has aggressively pursued a commitment to quality for every task, deliverable, and service we provide. The objective of our QA/QC program is to ensure all deliverables conform to the project’s scope and client expectations. QA/QC elements include: •Employ team network QC for day-to-day peer reviews conducted by the project team. All documents, analyses, letters, etc., are reviewed by a team member other than the preparer. •Complete engineering checks to ensure project services and deliverables such as final design plans, calculations, modeling analyses and recommendations, reports, and cost estimates are reviewed by senior-level staff for completeness, sound engineering, and constructability. •Continuous Quality Improvement (CQI) is Kimley-Horn’s program developed to continually review our internal processes, promote quality, and integrate our clients into our QC. •Quality Calls involve senior-level staff at Kimley-Horn contacting the client or Project Manager during and after the project to ensure expectations regarding service and deliverables are met or exceeded. •Training is a core concept of our quality culture. Kimley-Horn provides a rich and detailed training program for project managers, young professionals, designers, and technical leaders. December 9th, 2022 | Prepared for Pitkin County Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 6 2 8 1 5 4 3 7 6 Respond to Comments Training and Define Expectations Interdisciplinary ReviewConflicts Technical Review Yellow Sets Checklists Over-the-ShoulderReview Plans-in-HandReview ConstructibilityReview OUR PROVEN QUALITY PROGRAM RESULTS INCONSTRUCTIBLE DELIVERABLES QUALITY ASSURANCE. Q U A L I T Y C O N T R OL. CHECK DESIGN BACKCHECK CORRECT VERIFY Statement of Qualifications Kimley-Horn is one of the most respected full-service engineering consulting firms in the nation. With more than 6,500 employees in over 110 offices nationwide, we can draw from a large pool of resources to respond to your specific needs. Kimley-Horn’s six Colorado offices have served clients in Colorado for over three decades and have provided services in 44 of Colorado’s 64 counties. We are committed to being a trusted partner and consultant throughout this project. Kimley-Horn’s long history of civil engineering services includes both public- and private-sector facilities. We have provided comprehensive civil engineering services for site planning, site work, survey, design, utilities, permitting, bid phase assistance, and construction observation. Our expertise in anticipating and addressing a wide range of issues enables our engineers and planners to provide innovative solutions, successful permitting, and on-time completions. We bring a local understanding of the coordination needed with the local utilities and the scope of a project, not only in civil engineering aspects but also with other disciplines. Our local staff includes engineers who can be called upon to overcome complex problems and situations. Our organizational chart below details our project team. PROJECT MANAGERAnthony Pratt, PLA, ENV SP PRINCIPAL-IN-CHARGEBryce Christensen, P.E. PUBLIC INVOLVEMENTAidan Johan Kathleen Wanatowicz (PRS) PLANNING ANALYSTAmy Lacourse CIVIL ENGINEERMatt Ciarkowski, P.E. Organizational Chart December 9th, 2022 | Prepared for Pitkin County Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 7 Anthony Pratt, PLA, ENV SP Project Manager • 15 Years of Experience Anthony offers 15 years of experience in multimodal transportation including multi-use paths, on-street bicycle facilities, bicycle share station design, urban design, sidewalks, ADA ramp design, park design, master plans, irrigation plans, and landscape plans. He is experienced in leading public engagement efforts, including informing the public to solicit interest and participation in projects. As your project Manager, Anthony will serve as your primary point of contact throughout the project lifecycle. Bryce Christensen, P.E. Principal-in-Charge • 17 Years of Experience Bryce is a project engineer and manager with experience working in roadway design, site planning/layout, grading and drainage design, erosion control, stormwater management system design, utility design, permitting, construction observation, and site/stormwater inspections. As your Principal-in-Charge, Bryce will be responsible for committing the required Kimley-Horn resources to meet your quality and schedule expectations. Aidan Johan Public Involvement • 1 Year of Experience Aidan supports local communities in facilitating transportation development projects. His experience includes providing mobility solutions for all transportation needs, including parking, bicycle planning, resource navigation and community engagement. Aidan has led engagement for transportation projects in Colorado with an emphasis on engagement with older adults, adults with disabilities and low-income individuals. Amy Lacourse Planning Analyst • 1 Year of Experience Amy is a civil transportation analyst with experience in sustainable planning and urban design. Amy is skilled in data analysis and critical thinking. Previous to Kimley-Horn, Amy worked with Boulder County to create their firm Vision Zero Plan which will include an analysis of traffic crash data and an action plan to work toward achieving the County’s Vision Zero target by 2035. Matt Ciarkowski, P.E. Civil Engineering • 15 Years of Experience Matt’s engineering career is focused on multimodal and active transportation engineering design and planning projects. His project experience includes bicycle plan implementation, trail and pedestrian improvements, ADA compliance, roadway design, traffic signal design, traffic control plans, traffic impact studies, and other transportation-related studies. Kathleen Wanatowicz Public Involvement • 17 Year of Experience Kathleen is the founder and principal of PRS. She has worked in public communications and engagement for 17 years with an emphasis on community development projects, infrastructure, redevelopment, and construction. She offers experience in providing a depth of experience in building consensus for public programs and projects. Kathleen has a proven track record in managing complex projects forward to completion, developing long-term relationships with clients, and marketing new products and programs. December 9th, 2022 | Prepared for Pitkin County Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 8 List of Work Kimley-Horn is one of the nation’s premier planning, design, and engineering consulting firms. We have been providing a wide variety of services for municipal clients since our founding in 1967. We look out for your best interest, reduce your risk, and deliver great value. Our engineers and planners combine creativity to develop insightful solutions with the rigor to deliver practical results that consistently exceed your expectations. Kimley-Horn delivers outcomes you can depend on—projects that can be successfully developed, permitted, and built on time and within budget. We offer you premium solutions and a premium level of service. Over the last 30 years since the founding of our Denver office, our Colorado team has earned a reputation as a trusted advisor to our clients through our partnerships with clients, serving as an extension of their staff, and providing implementable solutions on time and within budget. Through an unwavering commitment to quality services, professional integrity, and client satisfaction, Kimley-Horn has grown to become one of the top design firms in the United States. The following projects demonstrate our experience with work of a similar size and scope to this trail feasibility study. CDOT, CO-7 Broomfield Bus Rapid Transit (BRT) Station Location Study Broomfield, CO As a follow up to the CO-7 Conceptual Station Area Design Study, the CO-7 Broomfield BRT Station Location Study is working to select a final location(s) for the BRT station(s) in Broomfield. This study will evaluate all the potential locations along CO-7 between Sheridan Boulevard and Huron Street to place either an intersection or mid-block BRT station. Products produced include a large evaluation matrix, conceptual drawings, public engagement, and final report. Key Similarities: Facilitated decision making using an evaluation matrix to educate stakeholders to make a decision on a recommended location for BRT Station 70 25 ASPENASPEN COLORADO COLORADO SPRINGSSPRINGS DENVERDENVER DENVER DOWNTOWNDENVER DOWNTOWN FORT COLLINSFORT COLLINS 55 YEARS 100+ OFFICES6,500+ EMPLOYEES 260+ LOCAL COLORADO STAFF TO SERVE YOU BROOMFIELDBROOMFIELD Colorado Experience December 9th, 2022 | Prepared for Pitkin County Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 9 City of Louisville, Future 42 Connecting People and Places Corridor Study Louisville, CO Kimley-Horn is working collaboratively with the City of Louisville to prepare a plan and preliminary design concept that improves mobility for all users and modes on this critical corridor. Our team is utilizing a planning process that provides clearly defined, repeatable decision-making steps. We have had early and continuous involvement of stakeholders in a collaborative and transparent process that will result in the development of recommendations with strong community support. Key Similarities: Virtual and in-person engagement mixed with City Council meetings and project management team meetings to determine a recommended alternative using data-driven processes December 9th, 2022 | Prepared for Pitkin County Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 10 City of Aspen/Pitkin County, Aspen/Pitkin County Airport (ASE) Vision Aspen, CO Kimley-Horn and PRS worked together with ASE to develop and staff a robust community outreach program to help establish a vision for ASE. The process involved extensive coordination, collaboration, and visioning with the community and other airport stakeholders to ensure that the airport continued to meet the community’s air service needs; reflect the community’s identity, values, and sustainability goals; integrate with alternative modes of transportation; adapt to changes in the aviation industry; and provide safe, efficient, accessible, reliable, and environmentally responsible airport services and facilities. The team developed structured community advisory groups that met six times during the course of a year, in addition to other public events, to help the community coalesce around a future state for the airport that would help determine the investments made to upgrade or modernize the airport. City of Aspen/Pitkin County, Castle Creek Trail (PRS) Aspen, CO PRS provided public process consulting and project outreach and communications for the .06 mile Castle Creek Trail and safety improvements in the corridor. These efforts involved a strategy to ideate first with community stakeholders and then develop the preferred alignment in sync with community stakeholders and partners. PRS was also engaged with Gould Construction to assist with public information during the development. Key Similarities: Local engagement to consider the vision for the airport in the future Key Similarities: Facilitated engagement to get buy-in on a difficult and expensive trail to construct December 9th, 2022 | Prepared for Pitkin County Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 11 City of Aspen/Pitkin County, Aspen Pedestrian Mall Redevelopment and Conceptual Design (PRS) Aspen, CO With an eye on the past and an ear in the present, PRS worked closely with the City of Aspen to create an inclusive and transparent communications and community outreach strategy for the historical Aspen Pedestrian Mall. Through dynamic citizen engagement, design concept cultivation, and construction bidding, the ongoing conceptual design process has been aimed at improving the aging infrastructure and enhancing vitality in the beloved 130,000-square foot city center while preserving the character that earned the treasured four-block area and historic landmark designation. PRS has served as the official project spokesperson and led public involvement activities and stakeholder coordination, including with over 50 businesses and four specific stakeholder committees. PRS was engaged from 2017 -2018 and then again in 2019. The project is on hold, but the involvement strategy is considered a successful approach to arrive at the preferred design concept for the redevelopment. References Our clients know that with Kimley-Horn, they experience better. How do we know this? They consistently tell us we deliver remarkable results and we are really good people to work with—and we live for that. We invite you to contact them personally regarding our work history and quality of service. Geoff NettletonCivil Engineer III City of Louisville 749 Main Street, Louisville, CO 80027 gnettleton@louisvilleco.gov 303.335.4603 Ryan Sorensen Region 1 North Resident Engineer CDOT 4670 Holly Street, Denver CO 802016 ryan.sorensen@state.co.us 303.398.6783 Key Similarities: Detailed engagement process to listen, establish a vision, and obtain buy-in on the recommendations for this highly-valued area. Patrick Hammer Park and Recreation Director Town of Erie 150 Connell Avenue, Erie CO 80516 phammer@erieco.gov 303.926.2540 Proposal Form The completed proposal form is included as a separate attachment. December 9th, 2022 | Prepared for Pitkin County Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 12 Subconsultants Kimley-Horn has selected a highly qualified subconsultant to supplement our in-house capabilities. Not only is our subconsultant technically sound and talented, but their staff also offers strong working relationships with team members of Kimley-Horn. Additionally, our subconsultant has worked on several projects in Pitkin County. This means there will be no learning curve in adopting and modeling the County’s organizational values of stewardship, ethics, excellence, collaboration, and open communication. The detailed qualifications of our subconsultant partner is provided below. PRS PRS is a strategic communications consulting firm providing comprehensive stakeholder involvement planning services, communications consulting, project marketing, and public relations strategies for project teams, small and large municipalities, government agencies, developers, and businesses. PRS has served as the strategic communications consultant for organizations throughout Colorado in municipal services, public affairs, infrastructure, transportation, resort development, and resort tourism. PRS’s reputation is built on developing relationships within organizations and communities as a trusted partner providing well-developed communications programming that reflects the mission and culture of the initiative. PRS is proud to offer comprehensive public involvement services for the County. Fee Schedule The Kimley-Horn team is keenly aware of the challenges local municipalities are facing with funding and maintaining a timely deliverable in a market driven by demand. To deliver your projects effectively, on schedule, and within budget, the County needs a team of professionals comprised of experts, with multi-faceted experience, armed with the latest techniques, knowledge, and resources. We bring you the necessary research services and resources to complete our assigned tasks. In addition, we will leverage our experience providing full project planning, agency coordination, permitting, and construction administration to meet your needs. For this development, we are prepared to provide you with a team available and ready to respond to your project needs that is focused on delivering high-quality projects on schedule. On the following page, we have provided a cost of services summary and hourly rates estimate based upon our comparable experiences. As with any estimate of this kind, further clarification of and refinement to the scope of services might allow for adjustments in the level of effort and fee estimate. December 9th, 2022 | Prepared for Pitkin County Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 13 Kimley-Horn Fee Estiamte PIC-QA/QC PM PR Studio Work Element Task Bryce Christensen Anthony Pratt Aidan Johan Amy Lacourse Matt Ciarkowski Admin Kathleen Total Cost 2023 Rates 240.00$ 225.00$ 155.00$ 155.00$ 225.00$ 100.00$ 245.00$ Task 1 Project Initiation 1.1 Monthly Progress Reports and Invoicing (6 Months)1 6 8 2,390.00$ 1.2 QA/QC Proceedures 2 2 930.00$ 1.3 Project Management Activities 5 1,125.00$ 1.4 Project Kick-off 1 2 690.00$ 4 15 0 0 0 8 5,880.00 11,015.00$ Task 2 Public Outreach 2.1 Technical Working Group (3 Meetings)1 6 1,590.00$ 2.2 Comminication Materials 1 5 15 1 3,915.00$ 2.3 Community Meetings (5 Meetings)10 24 5,970.00$ 2.4 Digital Survey/ Intercept Surveys 2 2 760.00$ 2 23 41 0 1 0 26,215.00 38,450.00$ Task 3 Risk and Benefit Data Collection 3.1 Data Collection 10 25 5,425.00$ 3.2 Evaluation Matrix 1 4 5 15 2 4,690.00$ -$ 1 4 15 40 2 0 0.00 10,115.00$ Task 4 Reporting 4.1 Risk and Benefit Report 1 4 5 20 2 5,465.00$ 4.2 Report Presentation 1 5 5 0 1 2,365.00$ 2 9 10 20 3 0 2,940.00 10,770.00$ 9 51 66 60 6 8 Subtotal Fee 2,160.00$ 11,475.00$ 10,230.00$ 9,300.00$ 1,350.00$ 800.00$ 35,035.00$ 70,350.00$ Kimley Horn 35,315.00$ 1,500.00$ 71,850.00$ Kimley-Horn Reimbursable Expenses (Printing, copies, deliverables, mileage, etc.) Total Estimate Fee Task Subtotal Task Subtotal Task Subtotal Task Subtotal Task Total Hours 2,940.00 5,880.00 26,215.00 Page 1 of 1 Kimley-Horn and Associates, Inc. Printed: 1/26/2023 December 9th, 2022 | Prepared for Pitkin County Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 Proposed Modifications to the Contract Kimley-Horn respectfully requests the following modifications to the contract. We have noted our proposed additions in bold and deletions in strikethrough. IV. County’s Exclusive Ownership of Work Product: Proposed Modification: Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this Contract shall be the property of the County. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant to this Contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use materials produced in the course of this Contract for marketing purposes and professional presentations, articles, speeches and other business purposes. Any modifications made by the County to any of the Contractor’s documents, or any use, partial use, or reuse of the documents without written authorization or adaption by the Contractor will be at the County’s sole risk and without liability to the Contractor. XI. Indemnity: Proposed Modification: 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 reasonable attorney’s fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature, to the extent caused by the negligent acts, errors, and omissions of the Contractor, 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. December 9th, 2022 | Prepared for Pitkin County Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 1 15 years of experience • 3 years with Kimley-Horn Anthony is a landscape architect and multimodal transportation designer with 15 years of experience. He has participated in more than 90 projects in over 20 states, which included facilitation of over 50 public meetings and served as project manager on 20 plus projects. He has been involved in numerous innovative transportation projects across the U.S., including designs for municipalities such as Chicago, St. Louis, and Denver. Anthony’s project experience includes multi-use paths, on-street bicycle facilities, bicycle share station design, urban design, sidewalks, Americans with Disabilities Act (ADA) ramp design, park design, master plans, irrigation plans, and landscape plans. In addition, he is experienced in leading and facilitating public engagement efforts, including open houses and stakeholder meetings, and in designing educational materials intended to inform the public and solicit interest and participation. As your project Manager, Anthony will serve as your primary point of contact throughout the project lifecycle. Project Experience •City of Louisville, Future 42 Connecting People and Places Corridor Study – Project Manager. Kimley-Horn is working collaboratively with the City of Louisville to prepare a plan and preliminary design concept that improves mobility for all users and modes on this critical corridor. Our team is utilizing a planning process that provides clearly defined, repeatable decision-making steps. We have had early and continuous involvement of stakeholders in a collaborative and transparent process that will result in the development of recommendations with strong community support. •CDOT, CO-7 Broomfield BRT Station Location Study – Project Manager. As a follow up to the CO-7 Conceptual Station Area Design Study, the CO-7 Broomfield BRT Station Location Study is working to select a final location(s) for the BRT station(s) in Broomfield. This study will evaluate all the potential locations along CO-7 between Sheridan Boulevard and Huron Street to place either an intersection or mid-block BRT station. Products produced include a large evaluation matrix, conceptual drawings, public engagement, and final report. Credentials •Bachelor of Science, Landscape Architecture, University of Kentucky •Professional Landscape Architect in CO (#0000946) •Envision Sustainability Professional •Association of Pedestrian and Bicycle Professionals •Women’s Transportation Seminar (WTS), Boulder Committee Member •League of American Bicyclists, League Certified Instructor (#2582) ANTHONY PRATT, PLA, ENV SP Project Manager December 9th, 2022 | Prepared for Pitkin County Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 2 17 years of experience • 17 years with Kimley-Horn Bryce is a project engineer and manager with 17 years of experience working with a diverse range of clients and project types in Colorado and across the country. His experience includes roadway design, site planning/layout, grading and drainage design, erosion control, stormwater management system design, utility design, permitting, construction observation, and site/stormwater inspections. Bryce has utilized numerous methods to collect and analyze parking data, including license plate recognition software and equipment and route and map preparation to identify the most efficient collection processes. As your Principal- in-Charge, Bryce will be responsible for committing the required Kimley-Horn resources to meet your quality and schedule expectations. Project Experience •Aspen/Pitkin County, Airport Interim Terminal Improvements – Project Manager. Kimley-Horn provided interim improvements which included site improvements for temporary airport administration offices, reconfiguration of the current airport administration offices to expand the sterile gate hold area, providing a structural canopy at the American and Delta baggage handling area, reconfiguring existing American and Delta baggage conveyor from Transportation Security Administration (TSA) screening to a new flat plate baggage makeup system, and site improvements for a temporary baggage storage tent structure south of existing baggage claim. •Aspen/Pitkin County, Program Management Services for ASE – Project Engineer. Kimley-Horn was the program manager for the Aspen-Pitkin County Airport (ASE) program, which was at the precipice of refining and determining the prioritization of investments during the next 30 years. ASE is unique in every way—space-limited; surrounded by sensitive resources; and represented by a thoughtful, involved community with a unique perspective on valley-wide needs for service and tourism and focused on sustainable development. Kimley-Horn’s role was to manage and deliver the airport’s capital improvements program as well as the complex projects that may shape and change the airport into the future. Credentials •Bachelor of Science, Civil Engineering, University of Utah •Professional Engineer in CO (#0047935) •International Council of Shopping Centers (ICSC), Member •Town of Snowmass Village, Parks, Open Space, Trails, and Recreation Board Member •Roaring Fork Fire Rescue, Volunteer Fire Fighter BRYCE CHRISTENSEN, P.E. Principal-in-Charge December 9th, 2022 | Prepared for Pitkin County Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 3 1 year of experience • 1 year with Kimley-Horn Aidan supports local communities to facilitate transportation development projects. His experience includes work in Colorado and Wisconsin providing various mobility solutions for all transportation needs, including experience in parking, bicycle planning, resource navigation and community engagement. Aidan has led engagement for transportation projects in rural Colorado with an emphasis on engagement with older adults, adults with disabilities, and low-income individuals. Additionally, Aidan has experience creating bicycle maps and performing parking analysis. Project Experience •City of Louisville, Future 42 Connecting People and Places Corridor Study – Project Analyst. Kimley-Horn is working collaboratively with the City of Louisville to prepare a plan and preliminary design concept that improves mobility for all users and modes on this critical corridor. Our team is utilizing a planning process that provides clearly defined, repeatable decision-making steps. We have had early and continuous involvement of stakeholders in a collaborative and transparent process that will result in the development of recommendations with strong community support. •CDOT, CO 7 Broomfield BRT Station Location Study – Project Analyst. As a follow up to the CO-7 Conceptual Station Area Design Study, the CO-7 Broomfield BRT Station Location Study is working to select a final location(s) for the BRT station(s) in Broomfield. This study will evaluate all the potential locations along CO-7 between Sheridan Boulevard and Huron Street to place either an intersection or mid-block BRT station. Products produced include a large evaluation matrix, conceptual drawings, public engagement, and final report. Credentials •Master, Urban and Regional Planning, University of Colorado Denver •Bachelor of Arts, Sustainable Community Development, Northland College AIDAN JOHAN Public Involvement December 9th, 2022 | Prepared for Pitkin County Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 4 1 year of experience • 1 year with Kimley-Horn Amy is a civil transportation analyst in the Broomfield office with experience in sustainable planning and urban design. Amy is skilled in data analysis and critical thinking. Prior to joining Kimley-Horn, Amy worked with Boulder County to create their firm Vision Zero Plan, which will include an analysis of traffic crash data and an action plan to work toward achieving the County’s Vision Zero target by 2035. During this project, she assisted in developing a Vision Zero website, facilitated Vision Zero community partnership meetings, compiled traffic crash statistics, and presented at an open house event with the public. Amy is well versed in Adobe Creative Cloud programs, Microsoft Suite, ArcGIS, AutoCAD, and Rhino. Project Experience •City of Louisville, Future 42 Connecting People and Places Corridor Study – Project Analyst. Kimley-Horn is working collaboratively with the City of Louisville to prepare a plan and preliminary design concept that improves mobility for all users and modes on this critical corridor. Our team is utilizing a planning process that provides clearly defined, repeatable decision-making steps. We have had early and continuous involvement of stakeholders in a collaborative and transparent process that will result in the development of recommendations with strong community support. •CDOT, CO 7 Broomfield BRT Station Location Study – Project Analyst. As a follow up to the CO-7 Conceptual Station Area Design Study, the CO-7 Broomfield BRT Station Location Study is working to select a final location(s) for the BRT station(s) in Broomfield. This study will evaluate all the potential locations along CO-7 between Sheridan Boulevard and Huron Street to place either an intersection or mid-block BRT station. Products produced include a large evaluation matrix, conceptual drawings, public engagement, and final report. Credentials •Bachelor of Environmental Design, Sustainable Planning and Urban Design, University of Colorado, Boulder AMY LACOURSE Planning Analyst December 9th, 2022 | Prepared for Pitkin County Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 5 15 years of experience • 15 years with Kimley-Horn Matt’s engineering career is focused on multimodal and active transportation engineering design and planning projects for public and private clients. His project experience includes bicycle plan implementation, trail and pedestrian improvements, ADA compliance, roadway design, traffic signal design, traffic control plans, traffic impact studies, and other transportation-related studies. Matt’s exposure to many different project types has allowed him to obtain a wealth of knowledge and experience in the design and planning of transportation and mobility projects. His recent design experience with the City and County of Denver includes the 14th Avenue Protected Bike Lane Project and the traffic signal design at the intersection of S. Monaco Street and South Happy Canyon Road. Project Experience •Pitkin County, Program Management Services for the Aspen/Pitkin County Airport Capital Improvement Project – Project Engineer. Kimley-Horn was the program manager for the Aspen-Pitkin County Airport ASE program, which was at the precipice of refining and determining the prioritization of investments during the next 30 years. ASE is unique in every way—space-limited; surrounded by sensitive resources; and represented by a thoughtful, involved community with a unique perspective on valley-wide needs for service and tourism and focused on sustainable development. Kimley-Horn’s role was to manage and deliver the airport’s capital improvements program as well as the complex projects that may shape and change the airport into the future. •City and County of Broomfield, Federal Trail Connector – Project Manager. Kimley-Horn is providing civil engineering services to prepare final design plans for the Federal Trail Connector. This project includes design of a concrete trail connection between the existing Federal Boulevard cul-de-sac and the Community Ditch along the Farmers Reservoir and Irrigation Company Community (FRICO) Ditch. The trail is anticipated to require drainage analysis and coordination with FRICO on a proposed culvert crossing. The northern end of the connector trail is anticipated to tie into the existing Broomfield Trail, where it currently terminates. Credentials •Bachelor of Science, Civil Engineering, Texas A&M University •Professional Engineer in CO (#0051556), TX, WY •City and County of Denver, Mayor’s Bicycle Advisory Committee, Member •Transit Alliance Citizen’s Academy, Graduate MATT CIARKOWSKI, P.E. Civil Engineer December 9th, 2022 | Prepared for Pitkin County Proposal for Trail Connection Cost/Benefit and Public Sentiment Study, RFP 300.22 6 17 years of experience • 8 years with PRS Kathleen is the founder and principal of PRS. She has worked in public communications and engagement for 17 years with an emphasis on community development projects, infrastructure, redevelopment, and construction. She brings a diverse background in providing a depth of experience in building consensus for public programs and projects. Kathleen has a proven track record in managing complex projects forward to completion, developing long-term relationships with clients, and marketing new products and programs. Kathleen believes everyone matters and takes into consideration relationships, creative problem solving and diverse viewpoints seeking a more sustainable and successful project for all stakeholders involved. Project Experience •Aspen/Pitkin County, Aspen Pedestrian Mall Redevelopment and Conceptual Design – Public Involvement Specialist. PRS worked closely with the City of Aspen to create an inclusive and transparent communications and community outreach strategy for the historical Aspen Pedestrian Mall. Through dynamic citizen engagement, design concept cultivation, and construction bidding, the ongoing conceptual design process has been aimed at improving the aging infrastructure and enhancing vitality in the beloved 130,000 square- foot city center while preserving the character that earned the treasured four-block area and historic landmark designation. PRS has served as the official project spokesperson and led public involvement activities and stakeholder coordination, including with over 50 businesses and four specific stakeholder committees. PRS was engaged from 2017 -2018 and then again in 2019. The project is on hold, but the involvement strategy is considered a successful approach to arrive at the preferred design concept for the redevelopment. •Aspen/Pitkin County, Castle Creek Trail – Public Involvement Specialist. PRS provided public process consulting and project outreach and communications for the .06 mile Castle Creek Trail and safety improvements in the corridor. These efforts involved a strategy to ideate first with community stakeholders and then develop the preferred alignment in sync with community stakeholders and partners. PRS was also engaged with Gould Construction to assist with public information during the development. Credentials •Bachelor of Arts, Parks and Recreation Administration Management, Florida State University •Executive Master of Business Administration, University of Denver •Former Town of Carbondale Parks and Recreation Commissioner •Urban Land Institute, Women’s Leadership Initiative •Alpine Legal Services, Board Member •Colorado Municipal League Award Winner for Community Outreach Planning KATHLEEN WANATOWICZ (PRS) Public Involvement Certificate Of Completion Envelope Id: 36739B85759F461C8A9992B9B5B5EA01 Status: Completed Subject: Kimley-Horn and Associates, Inc. | Pitkin County Contract 300.22 for Review and Signature Source Envelope: Document Pages: 62 Signatures: 6 Envelope Originator: Certificate Pages: 6 Initials: 0 Pitkin County Procurement AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) 530 East Main Street Suite 203 Aspen, CO 81611 Procurement@PitkinCounty.com IP Address: 216.237.91.144 Record Tracking Status: Original 3/3/2023 8:43:44 AM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Gary Tennenbaum gary.tennenbaum@pitkincounty.com Pitkin County Open Space and Trails Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Sent: 3/3/2023 8:47:51 AM Viewed: 3/3/2023 10:24:37 AM Signed: 3/3/2023 10:25:01 AM Electronic Record and Signature Disclosure: Accepted: 3/20/2023 2:45:16 PM ID: d5048a50-e9b6-479f-b234-a0ac6f34094a Company Name: Pitkin County, Colorado Curtis Rowe Curtis.Rowe@kimley-horn.com Vice President Kimley-Horn and Associates, Inc. Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 134.238.198.139 Sent: 3/3/2023 10:25:10 AM Viewed: 3/3/2023 10:32:54 AM Signed: 3/3/2023 10:39:09 AM Electronic Record and Signature Disclosure: Accepted: 3/3/2023 10:32:54 AM ID: c18fcf6f-9ba9-42b5-a185-aad7edc74c71 Company Name: Pitkin County, Colorado Richard Neiley richard.neiley@pitkincounty.com Asst. County Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 65.38.144.66 Sent: 3/3/2023 10:39:16 AM Viewed: 3/3/2023 11:23:19 AM Signed: 3/24/2023 10:54:38 AM Electronic Record and Signature Disclosure: Accepted: 3/24/2023 10:53:52 AM ID: d466c97e-3815-4e56-b28f-5d2a591b25c9 Company Name: Pitkin County, Colorado kara silbernagel kara.silbernagel@pitkincounty.com Deputy County Manager Pitkin County Colorado Signing Group: County Manager Group Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 73.78.59.72 Sent: 3/24/2023 10:54:44 AM Viewed: 3/24/2023 12:30:40 PM Signed: 3/24/2023 12:32:23 PM Signer Events Signature Timestamp 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 Manager Pitkin County Security Level: Email, Account Authentication (None) Sent: 3/24/2023 12:32:28 PM Resent: 3/24/2023 12:32:36 PM Viewed: 3/24/2023 1:27:14 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: 3/24/2023 12:32:28 PM Viewed: 3/24/2023 12:34:59 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Anthony Pratt anthony.pratt@kimley-horn.com Security Level: Email, Account Authentication (None) Sent: 3/24/2023 12:32:29 PM Viewed: 3/24/2023 12:33:07 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jessie Young jessie.young@pitkincounty.com Planning/Outreach Manager - Open Space and Trails Security Level: Email, Account Authentication (None) Sent: 3/24/2023 12:32:30 PM Electronic Record and Signature Disclosure: Accepted: 3/17/2023 1:29:48 PM ID: 036c92ab-98db-4e94-8ad3-9ac2dfa8d1fc Company Name: Pitkin County, Colorado Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/3/2023 8:47:51 AM Certified Delivered Security Checked 3/24/2023 12:30:40 PM Signing Complete Security Checked 3/24/2023 12:32:23 PM Completed Security Checked 3/24/2023 12:32:30 PM 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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By checking the 'I Agree' box, I confirm that:  I am establishing my intent to be bound to the transaction, and indicating that I am fully aware of the purpose for which the signature is being provided.  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and  Until or unless I notify Pitkin County as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to me by Pitkin County during the course of my relationship with you. Signing Documents without a Pitkin County DocuSign Account: Pitkin County may not require all document signers to be authorized users of the Pitkin County DocuSign Account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. When you don't have a DocuSign account, you will be provided the opportunity to agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can download and retain this disclosure. Pitkin County will forward completed documents that you've reviewed, processed or signed via email. Should you require copies of these signed documents (e.g., if they get deleted from your email account) you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. Signing Documents with a Pitkin County DocuSign Account: Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM Parties agreed to: Gary Tennenbaum, Curtis Rowe, Richard Neiley, Jessie Young Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper or electronic copies At any time, you may request from us a paper or electronic copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper or electronic copies of any such documents from our office to you, you may be charged a per-page fee. You may request delivery of such paper or electronic copies from us by following the procedure described below. Withdrawing your consent If you are an authorized DocuSign Account holder, you can decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. Described below is the process for informing us of your decision to receive future notices and disclosure in paper format and also how to withdraw your consent to receive notices and disclosures electronically. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Pitkin County: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to Helpdesk@provelocity.com To advise Pitkin County of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at Helpdesk@provelocity.com and in the body of such request you must state: your previous e-mail address, your new e-mail address . In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper or electronic copies from Pitkin County To request delivery from us of paper or electronic copies of the notices and disclosures previously provided by us to you electronically, you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. To withdraw your consent with Pitkin County To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to Helpdesk@provelocity.com and in the body of such a request, you must state your e-mail, full name, Postal Address, telephone number, and account number.