HomeMy WebLinkAboutbocc.con.074.248.4.22 CDD
Contract Number:
Project Name:
Contractor:
Budget Line Item:!#BUDGET#!
!#BUDGET#!
-
-
-
Procurement Method:
Type:
Contract Effective Date:
Contract End Date:
Contract Type:
Retainage/Bonding:
County Representative:Dan Bartholomew County Rep. Phone #:(970) 429-2851
Department:
Provide a brief description of the Contract or Change Order:
Per Task
Order
074.24
Pitkin County
Contract Cover Sheet
Formal
Services/Maintenance
1/1/2024
12/31/2024
Master Service Agreement
Please fully allocate New Contract
Total if there are multiple codes
$ -
$ -
$ -
$ -
If this is a new Vendor, please enter the New Vendor information into Munis for workflow approval and include a complete W-9.
Contact Information for Pitkin County Contract/Project Lead:
Contract Information
Airport
Master Agreement to govern the terms, conditions, and costs associated with noise monitoring and consultative
services for ASE. Costs will be defined on a per-task basis according to the rates included in this Agreement.
Original Contract Amount:
Previous Change Order/Amendment Amount(s):
This Change order/Amendment Amount:
Contract Total:
Contract Value Summary:
No
NOISE MONITORING AND CONSULTATIVE ENV SERVICES FOR ASE
Mead & Hunt, Inc.
$ -
Project #: 211.23 Rev. 2022.08.04 CDD
NOTICE OF AWARD
Date: January 25, 2024
To: Mead & Hunt, Inc.
Ryk Dunkelberg
1616 East 15th Street
Tulsa, OK 74123
RE: RFQ 211.23 – Noise Monitoring and Consultative Environmental Services for the
Aspen/Pitkin County Airport
The County, having duly evaluated the Proposal submitted on September 26, 2023 for the
work or purchase in response to the Request for Proposal Document titled RFQ 211.23 –
Noise Monitoring and Consultative Environmental Services for the Aspen/Pitkin County
Airport at the provided hourly rates and as defined in individual task orders and it
appearing that the pricing, qualifications, and other information in your Response are fair,
equitable, and to the best interest of the County, hereby accepts and awards the Project to
your organization.
In accordance with the terms of the Contract Documents, you are required to execute the
Contract within ten (10) consecutive days from this Notice of Award or within ten (10)
days following successful Contract negotiations, whichever shall occur sooner.
In addition, you are required to furnish in the said time a complete W-9 along with
Certificates of Insurance evidencing compliance with the requirement for insurance as
stated in the Contract Documents.
PITKIN COUNTY, COLORADO
_____________________________________________________
!#COUNTY REPRESENTATIVE#! Date
Receipt of the above Notice of Award is hereby acknowledged
_____________________________________________________
!#VENDOR SIGNATURE#! Date
Airport Director
Dan Bartholomew
Feb-15-2024
Vice President
Ryk Dunkelberg
Feb-16-2024
Contract # 074.24 Revision: 2023.12.15 CDD
1
MASTER SERVICE AGREEMENT FOR PROVISION OF
NOISE MONITORING AND CONSULTATIVE ENVIRONMENTAL SERVICES FOR
THE ASPEN/PITKIN COUNTY AIRPORT
THIS MASTER SERVICE AGREEMENT (“Agreement”), is made and entered by and
between the Board of County Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite
#302, Aspen, CO 81611, (“County”) and Mead & Hunt, Inc., 1616 East 15th Street, Tulsa, OK
74123 (hereinafter called the “Contractor”).
I. Term of Contract: The term of this contract is from January 1, 2024 to December 31,
2024. At the expiration of the initial term, the Master Agreement and any outstanding
Task Orders may be extended for additional terms of one (1) year by the express written
consent of both parties through Project completion.
II. Contractor’s Obligations. Contractor shall provide noise monitoring and
environmental consultation services for various County projects as set forth herein and
as set forth in the individual Task Orders, which Task Orders shall be made a part of
this contract upon execution by the County and the Contractor. Contractor shall
complete the scope of work as defined in the individual Task Orders issued by the
County, from time to time, and agreed upon by Contractor. The projects defined in the
individual Task Orders shall be the County’s engineering requirements for work with
an estimated value of under Three-Hundred Thousand dollars and Zero cents
($300,000.00). All projects that are estimated to be over Three-Hundred Thousand
dollars and Zero cents ($300,000.00) shall be subject to formal Request for
Proposal/Quotation.
The scope of services shall include, but is not limited to the disciplines and anticipated
monitoring, consultation, project management, coordination and procurement of
equipment, public outreach, and all other activities deemed necessary to successfully
complete project tasks and goals as described in Exhibit A – RFQ Documents and
Exhibit B – M&H Qualifications, attached hereto and incorporated as part of this
Agreement. Billing for Contractor’s hourly or per unit rates shall be as defined below
with no increases for the initial calendar year of this Agreement. Any rates for work or
subcontracted services which are not referenced below will be negotiated, approved, or
denied on a per-task-order basis.
Contract # 074.24 Revision: 2023.12.15 CDD
2
Title Hourly Rate
Me
a
d
&
H
u
n
t
Project Principal $350.00
National Practice Leader $325.00
Department Manager $275.00
Project Manager $250.00
Senior Engineer $240.00
Senior Planner $220.00
Planner 4 $190.00
Planner 3 $165.00
Planner 2 $140.00
Planner 1 $110.00
Senior Graphic Designer $180.00
Graphic Designer $120.00
Tech Editor $180.00
Project Assistant $95.00
Te
t
r
a
T
e
c
h
Noise and Emissions Program
Design $294.00
Reporting $186.00
Noise and Emissions Modeling $190.00
Noise Program Strategy $180.00
Noise Program Strategy $180.00
Acoustic Technician $110.00
Acoustic Technician $110.00
Procedure Designer $220.00
Fly Quiet Program Development $226.00
Barry
Technologies
Consultant $170.00
Technician I $105.00
If required, the Contractor shall utilize the following subcontractors to complete the
work defined in the Task Orders. Additional subcontractors may be added by written
agreement from both parties:
Tetra Tech
Barry Technologies
III. Compensation and Expenses, Invoicing, Payment and Offset. The County shall
compensate Contractor for its services in accordance with the Project Budgets and
Schedules set out in the Task Orders. It is expressly understood and agreed that in no
Contract # 074.24 Revision: 2023.12.15 CDD
3
event will the total compensation and reimbursement to be paid hereunder exceed the
sum defined in the Task Orders. By Task Order or Task Order 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, but 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 Agreement 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 Agreement, 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 Agreement for marketing purposes and
professional presentations, articles, speeches and other business purposes.
V. Pitkin County’s Obligations. Pitkin County shall administer this Agreement
through a County Representative identified in the individual Task Orders. The services
provided and products delivered by the Contractor under this Agreement 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 Agreement, 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 Agreement shall become the County’s property.
Contractor shall be entitled to receive compensation in accordance with the Agreement
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 Agreement intend that the relationship between them
contemplated by the Agreement is that of independent contractor. Contractor, and
any agent, employee, or servant of Contractor shall not be deemed to be an
employee, agent, or servant of Pitkin County.
Contract # 074.24 Revision: 2023.12.15 CDD
4
B. Contractor is not required to offer his services exclusively to Pitkin County under
this Agreement. Contractor may choose to work for other individuals or entities
during the term of this contract, provided that the basic services and deliverable
products required under this Agreement are submitted in the manner and on the
schedule defined under this Agreement.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor’s obligations
under this Agreement.
D. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under
this Agreement.
E. Contractor is not entitled to any Workers’ Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income
taxes.
VIII. Assignability. This Agreement is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this Agreement must be accepted
in writing by the County.
IX. Severability. In the event that any provision of this Agreement shall be held to be
invalid or unenforceable, the remaining provisions of this Agreement shall remain valid
and binding upon the parties hereto.
X. Integration and Modification.
A. This Agreement represents the entire and integrated Agreement between the
County and the Contractor and supersedes all prior negotiations, representations, or
Agreement, either written or oral. This Agreement may be amended only by written
Agreement 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 Agreement.
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 Agreement or on account of any act, claim or
Contract # 074.24 Revision: 2023.12.15 CDD
5
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 Agreement of indemnity
applies. In consideration of the award of this Agreement, 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
Agreement 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 Agreement and
in no way limit the indemnity covenants contained in this Agreement.
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 Agreement 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 Agreement by
reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or
types.
A. Coverage and Limits of Insurance. Coverage and Limits of Insurance.
Contractor shall provide coverage with limits of liability not less than those stated
below. An umbrella and/or excess liability policy may be used to meet the
minimum 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.
Contract # 074.24 Revision: 2023.12.15 CDD
6
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
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
Contract # 074.24 Revision: 2023.12.15 CDD
7
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:
1) Each insurance policy required by the insurance provisions of this
Agreement 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 Procurement
Officer 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.”
Contract # 074.24 Revision: 2023.12.15 CDD
8
3) Certificates of Insurance for all renewal policies shall be delivered to
the Procurement Officer 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
Agreement.
XIII. Exemptions and Preferences. All purchases of construction or building or any other
materials for this Agreement 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 Agreement
for a period of three (3) years after final payment under the Agreement 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 Agreement and applicable law.
XV. Contract Made in Colorado. The parties agree that this Agreement 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 Agreement, 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 Agreement, 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 Agreement shall be construed or interpreted to require or provide for
indemnification of the Contractor by the County for any injury to any person or any
property damage whatsoever which is caused by the negligence or other misconduct of
the County or its agent or employees.
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
Contract # 074.24 Revision: 2023.12.15 CDD
9
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
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:
Pitkin County Procurement
530 E. Main St., Suite #304
Aspen, CO 81611
Procurement@PitkinCounty.com
with copies to:
Pitkin County Attorney’s Office
530 E. Main St., Suite #301
Aspen, Colorado 81611
Attorney@pitkincounty.com
To Contractor:
Mead & Hunt, Inc.
1616 East 15th Street
Tulsa, OK 74123
Phone: (918) 586-7272
Email: Ryk.Dunkelberg@meadhunt.com
Contract # 074.24 Revision: 2023.12.15 CDD
10
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set out
herein above.
MEAD & HUNT, Inc.
________________________________________________
!#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO
COUNTY MANAGER APPROVAL:
________________________________________________
!#COUNTY MANAGER#! Date
ATTORNEY APPROVAL:
________________________________________________
!#COUNTY ATTORNEY#! Date
Feb-16-2024
Ryk Dunkelberg
Vice President
Asst. County Attorney
Feb-16-2024
Richard Neiley
Deputy County Manager
Feb-20-2024
Rich Englehart
RFQ #: 211.23
Budget Line Item #: FAA & Airport General Funding
1
PUBLIC NOTICE
Pitkin County is accepting qualifications for the provision of Noise Monitoring and
Consultative Environmental Services for the Aspen/Pitkin County Airport.
More information is available online at www.BidNetDirect.com/Colorado.
Any and all questions, or requests for clarification, must be submitted by 4:00 PM MT on
September 12, 2023. Questions and requests for clarification will only be accepted via email
at procurement@pitkincounty.com.
Response documents must be uploaded to the BidNet Direct website no later than 2:00 PM
MT on September 26, 2023.
Published in the Aspen Daily News: August 21, 2023 and August 28, 2023
TITLE VI SOLICITATION NOTICE
Pitkin County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964
(78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d.4) and the applicable regulations, hereby notifies
all submitters that it will affirmatively ensure that any contract entered into pursuant to this
Public Notice, disadvantaged business enterprises will be afforded full and fair opportunity to
submit qualifications in response to this invitation and will not be discriminated against on the
grounds of race, color, or national origin in consideration for an award.
The requirements of 49 CFR part 26 will apply to any contract or services agreement
awarded as a direct or indirect result of this RFQ process. It is the policy of Pitkin County
to practice nondiscrimination based on race, color, sex or national origin in the award or
performance of this contract. The County encourages participation by all firms qualifying
under this solicitation regardless of business size or ownership.
bocc.con.074.24 Exhibit A - RFQ Documents
RFQ #: 211.23
Budget Line Item #: FAA & Airport General Funding
2
NOISE MONITORING & CONSULTATIVE SERVICES FOR THE ASPEN/PITKIN
COUNTY AIRPORT
Table of Contents
I. INTRODUCTION 3
II. AIRPORT INFORMATION & BACKGROUND 3
A. AIRPORT INFORMATION 3
B. BACKGROUND 4
II. SCOPE OF WORK 4
A. QUALIFICATIONS FORM 4
B. SCOPE OF SERVICES 4
III. SELECTION PROCESS 6
A. SUBMITTALS 7
B. MINIMUM QUALIFICATIONS 8
C. TIME SCHEDULE 8
D. EVALUATION CRITERIA 9
E. SELECTION COMMITTEE 9
F. DBE PARTICIPATION 9
G. MASTER SERVICES AGREEMENT 10
QUALIFICATIONS FORM 12
INSTRUCTIONS TO RESPONDENTS 15
bocc.con.074.24 Exhibit A - RFQ Documents
RFQ #: 211.23
Budget Line Item #: FAA & Airport General Funding
3
REQUEST FOR QUALIFICATIONS
NOISE MONITORING & CONSULTATIVE SERVICES FOR THE ASPEN/PITKIN
COUNTY AIRPORT
GENERAL INFORMATION TO RESPONDENTS
I. INTRODUCTION
This Request for Qualifications (RFQ) is being issued to solicit statements of
qualifications form experienced professional consulting firms (individuals,
partnerships, companies and corporations), interested in Environmental (Noise
Consulting) Services, for the Aspen/Pitkin County Airport (Airport). Pitkin County,
which owns and operates the Airport, will accept and review Statements of
Qualifications from firms and select the most suitable and beneficial firm(s) to
provide services to the Airport. Those firms considered most qualified by the
Airport may be requested to make further submittals and/or to be interviewed prior
to the Airport making its final selection(s).
The deadline for submitting Statements of Qualifications is 2:00 PM, MT September
26, 2023 via the BidNet Direct website.
Pitkin County anticipates funding for this project, all or in part, through Federal grant
funds issued by the FAA. The project must be conducted in accordance with
applicable FAA Advisory Circulars and other federal, state, and local requirements.
II. AIRPORT INFORMATION AND BACKGROUND
A. AIRPORT INFORMATION
bocc.con.074.24 Exhibit A - RFQ Documents
RFQ #: 211.23
Budget Line Item #: FAA & Airport General Funding
4
The Airport is a single runway, primary commercial service airport located
approximately three (3) miles northwest of the City of Aspen, Colorado, at an
elevation of 7,837-feet. Air traffic at the facility is served by an on-site FAA Air
Traffic Control Tower. ASE is Colorado’s third busiest commercial service
airport, enplaning approximately 300,000 passengers annually. The Airport
handles approximately 50,000 aircraft operations, of which approximately 80-
percent are classified as general aviation. The Airport has a mix of year-round and
seasonal commercial air service provided by United Airlines, American Airlines,
and Delta Airlines, which operate from the existing 44,000 square-foot terminal
building. The facility is served by five (5) rental car agencies, and employs around
150 individuals. The Airport has one FBO, and extensive general aviation jet
activity, particularly during the winter and summer seasons. The airport is also in
the preliminary stages of implementing a MicroGrid to add sustainability and
resilience.
Based on the Airport’s current configuration, all aircraft operating to/from the
Airport must not have a wingspan greater than 95-feet. The Airport utilizes
primarily opposite direction operations (ODO) due to close in terrain and to
facilitate aircraft away from downtown Aspen. An operational curfew is in effect
at the Airport between the hours of 2300 and 0700 local time. ASE does not offer
U.S Customs, Immigrations, and United States Department of Agriculture services
and all foreign originating aircraft must pre-clear prior to arrival at the airport.
B. BACKGROUND
The County has historically had a noise program and through the recently
completed robust Community Visioning Process, outlined specific
recommendations for the future development and operation of the Airport. The
desire of the airport and the community is to design and implement a more robust
noise program that will include more frequent and clear reporting and community
outreach. These recommendations as well as others, were codified in Pitkin County
Board of County Commissioners Resolution 105-2020 – ASE, included in
Appendix A. This effort will include the establishment of reliable noise baselines
at the airport which will be fundamental in measuring progress in future years to
meet the goal of reducing noise by 30% by no later than 2030. It is the expectation
that the selected respondent will establish a baseline for noise attributable to the
airport using historical data where feasible and designing other critical baseline
data. In addition, a comprehensive Plan and Program will need to be developed as
a roadmap to guide, track goals, and establish methods in which the goals can be
achieved, quantified, implemented and managed.
III. SCOPE OF WORK
A. QUALIFICATIONS FORM
Respondents will be required to submit qualifications of their proposed team
evidencing their ability to deliver the anticipated Scope of Services. Only
responses with a complete Qualifications Form will be considered for award.
B. SCOPE OF SERVICES
This solicitation is for environmental noise services. Respondents to this RFQ
must provide evidence that their firm, and any identified or anticipated
bocc.con.074.24 Exhibit A - RFQ Documents
RFQ #: 211.23
Budget Line Item #: FAA & Airport General Funding
5
subconsultants, are qualified with demonstrated success in previous noise
programs and have the staffing capacity to provide the following services over
the length of the contract. In addition, the most desirable respondent will not
only have a high level of expertise in aviation-related acoustics and airport noise
issues, but to have the resources to respond to unanticipated requests that may
result from on-going work with the program. The response shall include
specific, relevant examples of previous projects demonstrated and creative
solutions moving forward with ASE in to obtain or surpass the reduction goal.
To fulfill the objectives of reducing noise, the airport will require a plan to
measure, monitor and report efforts to reduce noise for continued reductions.
These efforts also require the development of a plan/program, implementation
and maintenance of monitors, consistent reporting methods, plans to meet the
established reduction goals, and coordination with the County and other local
stakeholders.
The following tasks/services are expected to be part of this project, but are not to
be considered exhaustive. Additional tasks may be issued on a task-order basis:
Airport Noise Program Services:
Develop, implement and manage Noise Program for the Aspen/Pitkin County
Airport (ASE) with the goal to achieve a reduction in noise by at least 30% (from
baseline) by 2030. This is to include:
Work with airport staff, members of the Airport Advisory Board, and
coordinate with Pitkin County and the City of Aspen on the
planning/development/design of the Program.
Identify, evaluate, and quantify noise measurements and metrics that should
be measured at the airport
Identify sources of noise from airport as a means to quantify the airport’s
impacts.
Establish a baseline for noise levels, preferably using previously captured data.
Where previous data is not available, propose alternatives to staff to generate
accurate baseline data.
Develop a plan and program to monitor, model and manage on-going noise
attributable to the airport and achieve reduction goals. This should include:
Identify the number, type, make/model, and location/s for noise monitoring.
(Proper equipment identified and the proper location to place equipment for
best results for the whole community).
Acquire, install and maintain monitoring and/or sensor equipment.
Equipment shall provide data that may be easily transferred into meaningful
reports for staff and the community.
Suggest methods/alternatives to reduce noise from identified sources such as
noise barriers, operational procedures, and other measures.
Coordinate program details and education with the Fixed Based Operator.
Draft and distribute a guide sheet for pilots on program education.
bocc.con.074.24 Exhibit A - RFQ Documents
RFQ #: 211.23
Budget Line Item #: FAA & Airport General Funding
6
Provide periodic program updates to the Aspen/Pitkin County Airport
Advisory Board (AAB) and the Pitkin County Board of County
Commissioners (BoCC).
Evaluate, rebrand, enhance, and expand the Airport’s existing “Fly Quiet
Program” as a means to reduce single event noise levels around the airport.
This should include:
Identifying aircraft operations exceeding specific noise thresholds (Metric to
be determined)
Evaluate and implement methods to acknowledge aircraft operators who
adhere to specific noise goals and those who exceed established thresholds in
various operational categories.
Develop alternative methods/metrics to identify and determine aircraft
operator compliance
Develop educational materials with the goal to reduce single event noise levels
around the airport.
Please refer to
https://www.aspenairport.com/operation/administration/reports/ and select
one of the “Fly Quiet Reports” for examples of past reports.
Enhance, via tools and procedures, methods to track and respond to noise
complaints/issues.
Coordinate with staff on noise program outreach including expanding the
airport website to include noise program information.
Identify, develop, and implement methods to report program progress
(Reports, public facing dashboards, etc.) in an expeditious and meaningful
manner.
Identify, develop, and implement methods to promptly report (within 48
hours) to the operator as well as the community when there has been a loud
noise event.
Provide community outreach and presentations as needed.
Provide on-going enhancement to the airport’s Noise Program
Airport On-Call Noise Services:
Have the staff and resources to be available for the following if requested by the
airport:
Provide noise expertise relating to the airport and exposure to the community.
Work with airport staff on items related to the noise program, federal and/or
state regulations related to noise.
Attend airport and community meetings as requested.
Producing maps and documents related to airport noise at the airport as
requested by airport staff.
Analyzing and responding to inquiries from staff, BoCC members and AAB
members.
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
bocc.con.074.24 Exhibit A - RFQ Documents
RFQ #: 211.23
Budget Line Item #: FAA & Airport General Funding
7
RFQ. This process shall be through formal qualifications submitted in response to
this Request for Qualification.
Given that the funding for the contract resulting from this RFQ is anticipated in whole
or in part through a federal grant issued by the FAA, the selection of the services shall
follow the FAA’s Advisory Circular 150/5100‐14E (Change 1 consolidated):
https://www.faa.gov/documentLibrary/media/Advisory_Circular/150-5100-14E-
consolidated.pdf
A. SUBMITTALS
1. Respondent shall submit their qualifications as outlined in the Request for
Qualifications and Scope of Services.
Response 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 thirty
(30) pages total, excluding any additional information (e.g., attachments, diagrams, or
other information). Respondents shall ensure any additional information (e.g.,
attachments, diagrams, or other information) submitted is relevant and pertinent to the
submittal and shall not exceed a total of ten (10) additional pages (for a total of 40
pages). Respondents must be able to demonstrate the ability to include all the
information detailed below:
a. The response 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. Detailed discussion of the respondent firm’s interest;
c. Detailed discussion of the Respondent’s experience and qualifications
relative to the requested services including relevant airport experience
in the last ten (10) years including the following:
-Project name, location, year of project, contact person and a
description of the project as it relates to the services requested herein;
d. Detail the Respondent's knowledge, experience and capabilities relevant
to the successful completion of relevant projects and services. Describe
technical experience, capability and expertise of key personnel that will
be working with the airport. Include Resumes of key personnel.
e. A detailed proposed approach and description of how the Respondent
will proceed with the services listed within the RFQ.
f. Demonstrate your ability and commitment to completing the projects
listed within the RFQ as well as the services requested;
g. Detail the Respondent’s familiarity with similar services in similar
airports;
h. List of all subconsultants, including qualifications and their role in the
services requested.
2. Respondent may be required to supply additional information upon request, or to
make additional submissions under secondary selection criteria, if necessary.
bocc.con.074.24 Exhibit A - RFQ Documents
RFQ #: 211.23
Budget Line Item #: FAA & Airport General Funding
8
3. Any and all questions or comments shall be submitted via email to
procurement@pitkincounty.com no later than 4:00 PM MT on September 12, 2023.
All requests must have the email subject line, “RFQ 211.23: Request for Clarification
and Questions.” All questions, comments and answers provided shall be shared with
all Respondents via addendum posted on BidNet Direct.
4. All Qualifications must be uploaded to the BidNet Direct website. Qualifications
will not be accepted in any other form or manner.
5. During the Request for Qualifications selection process, all responses shall remain
confidential. The entire selection process (procurement) file shall be available to the
public (which includes all Respondents) after an agreement is approved by the
County, except those items for which confidentiality has been requested in writing by
the Respondent, and providing that the County Attorney has reviewed and determined
said item(s) to be the properly classified as confidential under the State Open Records
Act and other relevant statutes and regulations.
B. MIMIMUM QUALIFICATIONS
The following minimum experience criteria must be met:
Minimum of 5 completed similar services/projects within the last 10
years.
Display current workload and capacity to meet the services and
projects described in the RFQ.
Evidence that that Respondent has made good faith efforts in meeting
DBE goals (49 CFR 26.53).
C. TIME SCHEDULE
The County will endeavor to use the following timetable:
RFQ Process:
August 21, 2023 Request for Qualifications publicly advertised, posted on
website and/or direct solicitations mailed.
September 12, 2023 Respondent’s request for clarification and questions due via
email to procurement@pitkincounty.com by 4:00 PM MT
September 19, 2023 County’s response to request for clarification and questions
posted on BidNet Direct via addendum
September 26, 2023 RESPONSES MUST BE UPLOADED TO BIDNET
DIRECT BY 2:00 PM MT
Oct 2 (Week of) Meeting of Selection Committee; checking of references;
selection of Respondents to interview if necessary
Tentative Milestones:
October 2023 Interview(s) with short-listed Respondent(s) if necessary
bocc.con.074.24 Exhibit A - RFQ Documents
RFQ #: 211.23
Budget Line Item #: FAA & Airport General Funding
9
Oct – Nov 2023 Master Services Agreement and Task Order 1 negotiations.
D. EVALUATION CRITERIA
Selection of the "short-listed" Respondents to be interviewed and/or the selection of
the top- ranked Respondent will be based upon the following criteria (or as the same
may be amended or supplemented by published secondary selection criteria, if any):
E. SELECTION COMMITTEE
Communications between Respondent and any member of the selection committee
during the selection process except when and in the manner expressly authorized by
the Request for Qualifications, 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:
-Rich Englehart, Deputy County
Manager
-Dan Bartholomew, ASE Airport
Director
-Diane Jackson, ASE Deputy
Airport Director
-Kurt Dahl, Environmental
Health Manager
-CJ Oliver, City of Aspen
-Michael Port, Climate Action
Analyst
-W. Peyton Tyler, Airport
Operations Security Supervisor
-County Attorney
-County Procurement
Category:Weight:
Project Experience (Qualifications, Technical Expertise, and Similar Work
Experience of proposed staff and/or subcontractors) 25%
Proposed Project Team (Experience individually and as a team, availability of key
personnel including proximity to ASE and current workload/capacity) 15%
Understanding of Project and Familiarity with ASE Airport & Community Goals
(ASE Vision Goals and Noise Reduction Goals) 25%
Approach to Services 15%
Quality of RFQ Response 10%
Past Performance of Similar Services including References 10%
bocc.con.074.24 Exhibit A - RFQ Documents
RFQ #: 211.23
Budget Line Item #: FAA & Airport General Funding
10
F. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION
Since this project will be funded in whole or in part using FAA funds, it is the policy
of Pitkin County to ensure that Disadvantaged Business Enterprises (DBEs), as
defined in 49 CFR Part 26, can compete fairly for opportunities to participate as
subcontractors and suppliers on all contracts awarded by the County to ensure a level
playing field.
The County has not established a firm DBE participation percentage requirement as
of the issuance of this RFQ for the anticipated project period. The requirement will be
communicated as quickly as possible following adoption. Previous projects of similar
scope have included a DBE commitment of 2.6% for reference only.
The Respondent must include information about each subcontractor that would or may
be utilized under an awarded contract.
The Respondent shall include its DBE commitment for the contract that results from
this RFQ.
The Respondent will provide evidence that it will meet the DBE goal as defined in
the Federal Regulations through the submission of a DBE participation plan
describing in detail the work and responsibilities that the DBE(s) will perform.
The Respondent can meet the DBE requirements set forth herein in either of two ways:
1. The Respondent can meet the goal by documenting commitments for
participation by DBE firms sufficient for this purpose.
2. If the DBE participation plan proposed does not fully meet the intended goal,
the Respondent must document adequate good faith efforts in order to be considered
further.
The firms utilized by the Respondent under its plan must be validated by the County
as a certified DBE in accordance with 49 CFR Part 26. Each Response will be
reviewed by the County for responsiveness to the criteria. Additionally, in accordance
with 49 CFR 26.55, only DBE participation that results from a commercially useful
function may be counted toward the DBE participation commitment. A DBE
performs a commercially useful function when it is responsible for execution of the
work of the contract and is carrying out its responsibilities by actually performing,
managing, and supervising the work involved. A DBE does not perform a
commercially useful function if its role is limited to that of an extra participant in a
transaction, contract, or project through which funds are passed in order to obtain the
appearance of DBE participation.
G. MASTER SERVICES AGREEMENT
Upon selection of a top-ranked Respondent, negotiations will commence
immediately for a Master Services Agreement with terms to be consistent with this
Request for Qualifications. The development of the first Task Order will also start at
the same time. It is anticipated that the scope of Task Order 1 will be a review and
bocc.con.074.24 Exhibit A - RFQ Documents
RFQ #: 211.23
Budget Line Item #: FAA & Airport General Funding
11
evaluation of existing ASE data, documentation and information. This information
will be provided to the selected consultant. A copy of the County’s Standard Master
Services Agreement (MSA) is attached for reference (Appendix A). Respondents
must submit any exceptions to this agreement with their Response. No other
changes to the MSA will be considered. Change requests will only be reviewed
upon completion of scoring and will not be a consideration during the course of
Qualifications evaluation; as such, no information that could or should be included
for consideration of submitted Qualifications should be made or entered into the
sample MSA.
Federal Regulations. Contractor, as it relates to the services that will be required upon
award of a contract, represents and acknowledges to the County that it and its
subcontractors are knowledgeable as to any and all codes, rules and regulations
applicable in the jurisdictions in which the services will be performed and the funding
sources for the services, including without limitation, County and local ordinances
and codes, Colorado laws, rules, regulations and grant requirements, and Federal laws,
rules, regulations, advisory circulars and grant requirements, including without
limitation, PFC requirements, requirements of the Americans with Disabilities Act,
and requirements of the FAA, and the Federal Transportation Security Administration
("TSA") and the Colorado Department of Transportation ("CDOT"). In the
performance of services, the contractor and its subcontractors shall comply with all
such laws, codes, rules, regulations, advisory circulars and requirements now in effect
and as may be amended or adopted at any time during the term of the contract, and
shall further take into account in the performance of its services hereunder, all known
or publicly announced pending changes to the foregoing. The contractor and its
subcontractors shall provide any and all certifications to the County as to compliance
with such laws, codes, rules, regulations, advisory circulars and requirements, as may
be required by any governmental body, including FAA, TSA, CDOT and County
departments. The contractor shall insert all required FAA provisions in its
subcontractor agreements.
bocc.con.074.24 Exhibit A - RFQ Documents
RFQ #: 211.23
Budget Line Item #: FAA & Airport General Funding
12
QUALIFICATIONS FORM
From:
Phone:
E-mail:
To: NOISE MONITORING & CONSULTATIVE SERVICES FOR THE
ASPEN/PITKIN COUNTY AIRPORT
0233 E Airport Road
Aspen, CO 81611
Response Time: 2:00 PM MT
Response Date: September 26, 2023
Pursuant to a request by the Pitkin County Commissioners, the undersigned Respondent,
having examined this Request for Qualifications (RFQ), including the site of the proposed
Service and being familiar with existing conditions including the availability of materials and
labor, hereby proposes to furnish all labor, materials, supplies, applicable permits, services
and supervision required to perform the Services as detailed in this RFQ.
Description:
Statement and Approach to Service:
Qualifications of Respondent:
Please insert names address, phone numbers and description of similar Service for Reference
Checks.
bocc.con.074.24 Exhibit A - RFQ Documents
RFQ #: 211.23
Budget Line Item #: FAA & Airport General Funding
13
1.
2.
3.
QUALIFICATIONS OF PERSONNEL
Please list assigned personnel and their qualifications:
Personnel #1.________________________________________________
Qualifications:
List of similar Service performed:
Reference Name, & Phone Number:
Personnel #2.________________________________________________
Qualifications:
List of similar Service performed:
Reference Name, & Phone Number:
Personnel #3.________________________________________________
bocc.con.074.24 Exhibit A - RFQ Documents
RFQ #: 211.23
Budget Line Item #: FAA & Airport General Funding
14
Qualifications:
List of similar Service performed:
Reference Name, & Phone Number:
It is further understood that the right is reserved by the County to reject any and all Statements
of Qualifications.
The Respondent acknowledges receipt of Addenda Nos. .
The right is reserved to waive any informalities and to reject any Statement of
Qualifications.
Dated this day of , 2023
(Corporate seal) RESPONDENT:
SIGNATURES: If the Response is being submitted by a Corporation, the Respondent
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 Response is being
submitted by an individual or a partnership, the Response shall so indicate and be properly
signed.
bocc.con.074.24 Exhibit A - RFQ Documents
RFQ #: 211.23
Budget Line Item #: FAA & Airport General Funding
15
INSTRUCTIONS TO RESPONDENTS
FOR PITKIN COUNTY OPPORTUNITIES
1.
a. A "Qualification" is a responsive, conforming, unconditional, complete, legible
and properly executed offer on the Pitkin County Qualifications Form to do the
work called for in the Request for Qualifications (“RFQ”).
b. Qualifications must be submitted electronically in PDF format and submitted
at the time and place designated in the RFQ. Electronic submissions must be
clearly marked as a "sealed Qualification" with the project name and the name,
contact person, mailing address and telephone number of the Respondent. For
electronic submissions, 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 Respondent to ensure that the Qualification
is in proper form and in the County's possession by or before the scheduled
time and date of public Qualification opening. Qualifications will not be
accepted after the scheduled time and date of opening. Any Qualifications
received late will be returned to the Respondent unopened, if possible. In the
event that it is impossible to determine who the late Respondent is unless the
envelope is opened, the envelope will be opened, the address determined, and
the envelope and Qualification returned immediately to the Respondent.
d. If specified in the Request for Qualifications, parties who request packages of
Qualification documents will be required to pay a fee for the document
package. All parties who request packages must provide the name of the
potential Respondent, along with the name of a contact person, address,
telephone number, fax number and email address for the purpose of
dissemination of Addenda or additional Qualification 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 Qualification.
No advantage shall be taken by either party of manifest clerical errors or
omissions in the Qualification documents or the Request for Qualifications
(and plans and specifications). All Respondents 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 Qualification Form must initial any alteration or erasure. If
provided on the required Qualification Form, the Qualification 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.
bocc.con.074.24 Exhibit A - RFQ Documents
RFQ #: 211.23
Budget Line Item #: FAA & Airport General Funding
16
g. No reimbursement will be made by the County for any costs incurred in the
preparation of a statement of qualifications, Qualifications, 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 Qualification for the same work, unless alternate
Qualifications are called for. A person, firm, corporation or other entity who
has submitted a sub-Qualification to Respondent, or who has quoted prices on
materials to a Respondent, is not hereby disqualified from submitting a sub-
qualification or quoting prices to other Respondents.
2.
a. If any person contemplating submitting a Qualification is in doubt as to the true
meaning of any part of the Drawings, Specifications or other Qualification or
Contract Documents, or finds discrepancies, errors, ambiguities,
inconsistencies, incompleteness or omissions in the Drawings or Specifications
or the Qualification 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
Respondent of the Drawings, Specifications or other Qualification or Contract
Documents as is, and (2) a waiver by the Respondent of any and all claims
arising, or that might arise, out of such discrepancies, errors, ambiguities,
inconsistencies, incompleteness or omissions.
b. Respondents may propose substitute materials or techniques if such
substitution is equal to or better than the materials or techniques described in
the RFQ and if the substitution has been submitted in writing at least ten (10)
days prior to the public Qualification opening. The burden of proof of equality
or superior quality is on the Respondent. 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 Respondents at least three (3) days prior to the
deadline for Qualification 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
Qualification 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-Qualification conference; if called
and conducted, a summary of the pre-Qualification conference will be mailed
bocc.con.074.24 Exhibit A - RFQ Documents
RFQ #: 211.23
Budget Line Item #: FAA & Airport General Funding
17
or electronically delivered to all parties receiving a set of Qualification
documents.
e. On request, the County will provide each Respondent access to the site to
conduct, at Respondent's sole cost, such inspections, tests and investigations as
each Respondent deems necessary for submission of a Qualification. 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 Qualification process, or forming a
part of the Qualification Documents, shall be covered in the Qualification, and
shall be considered a part of the RFQ. Receipt of each Addendum shall be
acknowledged in the Qualification.
g. If specified in the RFQ, a request for qualifications may precede the RFQ
process.
3.
a. Each Qualification, if required by the Qualification 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 Respondent, if awarded the Contract, will
promptly execute the Agreement in accordance with the Qualification, and will
furnish, if required by the Qualification, good and sufficient bonds for the
faithful performance of the Contract and for the payment to all persons
supplying labor and material for the work (see 10.a., below). The Qualification
guaranties of all parties except the three highest scoring Qualifications will be
returned promptly after the opening of Qualifications. After execution of the
Contract and issuance of a Notice to Proceed, the remaining two Respondents’
guaranties will be returned.
b. Respondent also, if required by the Qualification Documents, will fully
complete and submit with the Qualification a Pitkin County Qualification
Statement, or an updated Statement if one is already on file. Pitkin County
reserves the right to pre-qualify Respondents based on said qualification
statements.
c. Respondent also must submit with the Qualification 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 Respondent and the Respondent may
then: (a) withdraw the Qualification; 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.
bocc.con.074.24 Exhibit A - RFQ Documents
RFQ #: 211.23
Budget Line Item #: FAA & Airport General Funding
18
d. Qualifications 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. Qualifications 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. Respondent acknowledges that this Qualification 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 Respondent agrees to comply with all
applicable requirements of said Procurement Code relating to proposing,
contract drafting, contract administration and ethics. The requirements of the
Procurement Code are incorporated herein by this reference.
b. The Respondent 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 Respondent, and failure to
so notify the County of violations within five (5) days of knowledge of such
violations shall disqualify the Respondent from award of the Contract being
proposed and shall be deemed as a waiver of any action or defense that the
Respondent may have against the County by reason of such violation of the
Procurement Code.
c. The submission of a Qualification shall be conclusive evidence and legal
admission that the Respondent: (1) has no questions, complaints or objections
in connection with the Qualification process and/or documents, subject to any
requests made by Respondent 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 Qualification Documents; and (3) has full knowledge of
the scope, nature, quality and quantity of work to be performed, the detailed
requirements of the Qualification Documents including any and all contract
documents, the plans and specifications, the site and conditions under which
bocc.con.074.24 Exhibit A - RFQ Documents
RFQ #: 211.23
Budget Line Item #: FAA & Airport General Funding
19
the work is to be performed, the Pitkin County Procurement Code and
applicable Colorado law.
5.
a. All Qualifications may be opened and read in public by name of Respondent
only. No Qualifications may be withdrawn after the beginning of a public
opening. The County, in its sole discretion, may delay a Qualification opening
for no longer than two (2) business days if weather or other circumstances
beyond control of Respondents results in delay in receipt of Qualifications.
Qualifications 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 Qualification Form prior to opening.
b. All Qualifications submitted must be valid for a minimum period of sixty (60)
days after the date of the Qualification opening. During this time, Respondents
are investigated, and Qualifications are evaluated.
6.
a. Qualifications will be awarded to the highest scoring Respondent complying
with the terms, conditions, guidelines, selection criteria, plans and
specifications presented in the Request for Qualifications. All rights are
reserved by the County to determine, in the County's sole reasonable discretion,
whether the Qualification meets the needs or a purpose intended and is within
the project budget.
b. The County will consider the quality of Respondents services and products as
judged by the County; past experience with Respondents, subcontractors,
independent contractors, products or suppliers; qualifications of the
Respondents 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 RFQ.
c. The County reserves the absolute right to conduct such investigations as it
deems necessary to assist in the evaluation of any Qualification and to establish
the experience, responsibility, reliability, references, reputation, business
ethics, history, qualifications and financial ability of the Respondents and
proposed subcontractors, independent contractors and suppliers. The purpose
of such investigation is to satisfy the County that the Respondent 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
Respondent to demonstrate, at a place and time designated by the County, that
the Qualification meets the performance criteria specified, or to otherwise
provide documented proof from independent reliable sources acceptable to the
bocc.con.074.24 Exhibit A - RFQ Documents
RFQ #: 211.23
Budget Line Item #: FAA & Airport General Funding
20
County that said performance criteria will be met prior to final acceptance of
the Qualification. The burden of proof of such a demonstration is on the
Respondent. In the event that the apparent successful Respondent fails to
demonstrate or provide acceptable proof of meeting required performance
criteria, that Qualification will be rejected and the next eligible Respondent in
the selection ranking will be invited to participate in the same process until a
Qualification meeting performance criteria is found within the ranking of
eligible Respondents. The County reserves the rights to reject any or all
Qualifications or to otherwise accept the Qualification 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 Qualifications or to waive any
irregularities or informalities therein. Any incomplete, conclusory, false or
misleading information provided by Respondent shall be grounds for rejection
of the Qualification. If Qualifications are rejected, the County further reserves
the right to investigate and accept the next best Qualification in order of ranking
or to reject all Qualifications and re-solicit for additional Qualifications.
f. Any questions or disputes involving the documents or procedures not covered
by these Instructions or other Qualification 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 Respondent. Copies of any applicable standard forms are
included with the Qualification Documents. The County reserves the right to negotiate
with the Respondent 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. Respondent 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 Qualification.
9. If the contract awarded as a result of a Qualification 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 Respondent, 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.
bocc.con.074.24 Exhibit A - RFQ Documents
MASTER SERVICE AGREEMENT FOR ENVIRONMENTAL SERVICES FOR THE
ASPEN/PITKIN COUNTY AIRPORT
THIS MASTER SERVICE AGREEMENT (“Agreement”), is made and entered by and between
the Board of County Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite #302,
Aspen, CO 81611, (“County”) and *TBD – AWARDED RESPONDENT*, STREET ADDRESS,
CITY, ST ZIP (hereinafter called the “Contractor”).
I.Term of Contract: The term of this Agreement is from TBD
II.Contractor’s Obligations.
*REFER TO RFQ DOCUMENT*
III.Compensation and Expenses, Invoicing, Payment and Offset. This Agreement is
funded in part through grant funds the County will receive through the FAA. The
County shall compensate Contractor for its services in accordance with the Project
Budgets and Schedules set out in the Task Orders. It is expressly understood and agreed
that in no event will the total compensation and reimbursement to be paid hereunder
exceed the sum(s) as defined in individual Task Orders. By Task Order or Task Order
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, but any payment by the County may be offset by any amount the Contractor
owes the County for any reason.
Invoicing and payment shall be consistent with the hourly rates as provided below.
Contractor is expected to assess and responsibly assign workloads to staff members for
tasks consistent with associated disciplines in order to deliver a quality work product
without overburdening the County with inflated hourly rates.
IV.County’s Exclusive Ownership of Work Product. Drawings, specifications, guidelines
and other documents prepared by Contractor in connection with this Agreement 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
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
business purposes. Contractor assigns to County the copyrights to all work prepared,
developed, or created pursuant to this Agreement, 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 Agreement 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.
V. Pitkin County’s Obligations. Pitkin County shall administer this Agreement
through a County Representative identified in the individual Task Orders. The services
provided and products delivered by the Contractor under this Agreement 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 Agreement, 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 Agreement shall become the County’s property.
Contractor shall be entitled to receive compensation in accordance with the Agreement
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 Agreement intend that the relationship between them
contemplated by the Agreement is that of independent contractor. Contractor, and
any agent, employee, or servant of Contractor shall not be deemed to be an
employee, agent, or servant of Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin County under
this Agreement. Contractor may choose to work for other individuals or entities
during the term of this contract, provided that the basic services and deliverable
products required under this Agreement are submitted in the manner and on the
schedule defined under this Agreement.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor’s obligations
under this Agreement. As used herein, the term “Standard of Care” refers to the
required standard for the Services to be provided by the Contractor. All Services
provided by the Contractor shall comply with the requirements of any and all laws,
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
codes, ordinances, rules and regulations applicable to the project, the proposed
Scope of Work or promulgated by any federal, state and local Authority Having
Jurisdiction (“AHJ”) regarding the project and/or task. The Services shall fulfill
the degree of skill and care that would be used by a similar contractor working on
similar projects in the state of Colorado. All instruments of service provided by the
Contractor must clearly and accurately indicate or illustrate all essential points of
the work to which they refer. The County’s knowledge or approval of the
Contractor’s use of any subcontractor to perform any portions of Services required
for under this contract shall not relieve, release or absolve the Contractor of its
responsibility for all Services provided pursuant to this Agreement. As may be
applicable, the Contractor represents that it and each of its subcontractors shall be
properly licensed in the jurisdiction of the projects or tasks and legally authorized
to perform the Services to be provided by them. Further, the Contractor agrees that
each of its employees and the employees of its subcontractor shall be qualified to
perform the Services assigned to them in the performance of this Contract. At any
time, and without any additional cost or expense to the County, the County may
reject any subcontractors, vendors, suppliers and agents used by the Contractor to
perform any portion of the work or services, and the same shall be immediately
replaced with a replacement acceptable to the County as determined by its Airport
Director or his designee.
D. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under
this Agreement.
E. Contractor is not entitled to any Workers’ Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income
taxes.
VIII. Assignability. This Agreement is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this Agreement must be accepted
in writing by the County.
IX. Severability. In the event that any provision of this Agreement shall be held to be
invalid or unenforceable, the remaining provisions of this Agreement shall remain valid
and binding upon the parties hereto.
X. Integration and Modification.
A. This Agreement represents the entire and integrated Agreement between the
County and the Contractor and supersedes all prior negotiations, representations, or
Agreement, either written or oral. This Agreement may be amended only by written
Agreement 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
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
agreed upon between the County and the Contractor, shall be in writing and upon
execution shall become part of this Agreement.
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, to the extent arising out of
the negligent acts, errors, and omissions of the Contractor, in fulfillment of the
terms of this Agreement 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 Agreement of indemnity applies. In
consideration of the award of this Agreement, 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.
XII. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this
Agreement 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 Agreement and
in no way limit the indemnity covenants contained in this Agreement.
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 Agreement 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 Agreement by
reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or
types.
A. Coverage and Limits of Insurance. Coverage and Limits of Insurance. Contractor
shall provide coverage with limits of liability not less than those stated below. An
umbrella and/or excess liability policy may be used to meet the minimum liability
requirements provided that the coverage is written on a “following form” basis.
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
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
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
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
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:
1) Each insurance policy required by the insurance provisions of this
Agreement 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 Procurement
Officer 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.
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
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 Procurement Officer 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
Agreement.
XIII. Exemptions and Preferences. All purchases of construction or building or any other
materials for this Agreement 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 Agreement
for a period of three (3) years after final payment under the Agreement 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 Agreement and applicable law.
XV. Contract Made in Colorado. The parties agree that this Agreement 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. Submittals for Agency Reviews. As applicable, any and all documents prepared as
part of the services furnished pursuant to this Contract shall be submitted to the County
for review and approval prior to transmittal to other regulatory agencies or AHJ.
Specifically, the Contractor agrees:
A. That any facility to be used in the performance of this Contract is not listed on the
Environmental Protection Agency (EPA) List of Violating Facilities;
B. To comply with all the requirements of Section 114 of the Clean Air Act, as
amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution
Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring,
entry, reports, and information, as well as all other requirements specified in
Section 114 and Section 308 of the Acts, respectively, and all other regulations and
guidelines issued thereunder; and
C. That, as a condition for the award of this Contract, the Contractor will notify the
awarding official of the receipt of any communication from the EPA indicating that
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
a facility to be used for the performance of or benefit from the Contract is under
consideration to be listed on the EPA List of Violating Facilities.
XVII. Attorney’s Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the substantially prevailing party shall be entitled to its costs
and reasonable attorney’s fees.
XVIII. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive, by any provision of this Agreement, the monetary
limitations or terms (presently $150,000 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 Agreement shall be construed or interpreted to require or provide for
indemnification of the Contractor by the County for any injury to any person or any
property damage whatsoever which is caused by the negligence or other misconduct of
the County or its agent or employees.
XIX. 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.
XX. Accounting Practices.
A. The Contractor must follow standard accounting practices for a “not-to-exceed”
or lump sum contract agreement, as well as accounting practices and document
retention procedures required by the Department of Transportation Title 49, CFR
Part 21. The Contractor shall permit a representative of the County or the Federal
Aviation Administration to inspect its Project books and records at any time. Such
records are to be kept available for six (6) years from the date of the final payment
for Services performed pursuant to this Contract.
B. The County and the Federal Aviation Administration shall have the right to audit
the Contractor’s records pertaining to the Services performed pursuant to this
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
Contract at any time. The County’s audit rights include, but are not limited to,
inspecting records to verify personnel hours (by payroll classification, billing rate
or direct hours) spent on the projects, DBE participation activities, all invoices for
Reimbursable Expenses (whether by the Contractor or any subcontractors) and
overhead rates and charges.
C. The Contractor shall maintain an acceptable cost accounting system. The
Contractor agrees to provide the County, the Federal Aviation Administration and
the Comptroller General of the United States or any of their duly authorized
representatives access to any books, documents, papers, and records of the
contractor which are directly pertinent to the specific contract for the purpose of
making audit, examination, excerpts and transcriptions. The Contractor agrees to
maintain all books, records and reports required under this Contract for a period
of not less than six (6) years after final payment is made and all pending matters
are closed.
XXI. 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:
Pitkin County Procurement
530 E. Main St., Suite #304
Aspen, CO 81611
Procurement@PitkinCounty.com
with copies to:
Pitkin County Attorney’s Office
530 E. Main St., Suite #301
Aspen, Colorado 81611
Attorney@pitkincounty.com
To Contractor:
AWARDED RESPONDENT
STREET ADDRESS
CITY, ST ZIP
Phone: ( )
Email: *EMAIL*
XXII. 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:
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
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 Agreement and will
confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement, 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
Agreement 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 Agreement. Contractor (i) shall not use E-
Verify Program or State program procedures to undertake pre-employment screening
of job applicants while this Agreement 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 Agreement, (iii) shall terminate the subcontract if a Subcontractor does
not stop employing or contracting with the illegal alien within 3 days of receiving the
notice, and (iv) shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado
Department of Labor and Employment. If Contractor participates in the State program,
Contractor shall deliver to the contracting State agency, Institution of Higher Education
or political subdivision, a written, notarized affirmation, affirming that Contractor has
examined 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 Agreement
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 Agreement.
XXIII. Confidentiality. The Contractor agrees that any information the Contractor receives or
reviews concerning the County or the Airport, including, but not limited to, any
information concerning the County or Airport’s past, present and future research,
development, operations and business activities, and any other information or material
proprietary to the County of which the Contractor may obtain knowledge or access
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
from the County during the Contractor’s performance hereunder (hereinafter
“Confidential Information”) is proprietary and confidential to the County. The
Contractor agrees, on behalf of itself and all of its agents, to hold in confidence and not
to directly or indirectly reveal, report, publish, disclose or transfer any of the
Confidential Information to any person or entity, or utilize any of the Confidential
Information for any purpose, except as may be agreed in writing in advance between
the County and the Contractor. Prior to disclosure of Confidential Information to any
of its employees or other authorized persons or subcontractors, the Contractor agrees
to obtain an appropriate agreement, containing all of the elements set forth herein, from
those persons or firms to whom such information is disclosed or who otherwise gain
access to such information to maintain the confidentiality of Confidential Information.
The Contractor further agrees to indemnify the County against any and all liability,
loss, cost, legal or other professional fees resulting from, or arising in connection with,
unauthorized use or disclosure of Confidential Information by the Contractor, its
employees or any other authorized person to whom the Contractor has disclosed
Confidential Information.
XXIV. Disadvantaged Business Enterprise (DBE).
A. This Contract will be funded in part or in whole by one or more grants from the
Federal Aviation Administration (FAA) Airport Improvement Program (AIP) and
this Project must comply with the FAA and United States Department of
Transportation (USDOT) Rule 49 CFR Part 26 pertaining to compliance with DBE
requirements.
B. Projects receiving such funding must comply with USDOT Code of Federal
Regulations 49 CFR Part 26, and with the County's Disadvantaged Business
Enterprise Program. The Contractor agrees that it shall not discriminate on the
basis of race, color, national origin, or sex in the performance of this Contract. The
Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award
and administration of USDOT-assisted contracts. Failure by the Contractor to carry
out these requirements is a material breach of this Contract, which may result in the
termination of this contract or such other remedy as the County may deem
appropriate.
The Contractor has committed to Two and Six-Tenths percent (2.6%) DBE
Participation.
C. Contract Assurances. The following clauses pertaining to compliance with 49 CFR
Part 26 are incorporated into and are a part of this Contract, and are hereby
incorporated into the terms of the Contractor's solicitations, subcontracts, material
supply contracts and purchase orders.
1) Compliance monitoring will be conducted to determine if the Contractor
and its subcontractors are complying with the requirements of the DBE Program.
Failure of the Contractor to comply with this provision may result in the County
imposing penalties or sanctions pursuant to the provisions of the DBE regulation,
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
49 CFR Part 26. Contract compliance will encompass monitoring for contract
dollar achievement and DBE utilization. The County’s authorized representative
shall have the authority to audit and monitor this Contract.
2) The Contractor shall be responsible for ensuring proper documentation with
regard to its utilization and payment of DBE subcontractors.
3) The Contractor agrees to submit a monthly report on DBE participation,
which shall contain a record of payments made to its DBE subcontractors.
4) The Contractor agrees to submit a final DBE report containing the total
amount paid to its DBE subcontractors. This report must be submitted with the
Contractor's request for final payment.
D. Nondiscrimination – The Contractor or subcontractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of this Contract. The
Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award
and administration of USDOT-assisted contracts. Failure by the Contractor to carry
out these requirements is a material breach of this Contract, which may result in the
termination of this contract or such other remedy as the recipient deems appropriate.
E. Prompt Payment – The Contractor hereby agrees to pay its DBE subcontractors,
subcontractors and suppliers within thirty (30) calendar days following receipt of
payment from the County for work satisfactorily completed by the subcontractors.
Further, if Contractor has withheld retainage from its DBE subcontractors,
subcontractors and suppliers, it shall release and pay such retainage within thirty
(30) calendar days of the date the work was satisfactorily completed if County did
not withhold retainage from Contractor or within thirty (30) calendar days after
receipt of payment of the retained amounts from County. A finding of nonpayment
to subcontractors and suppliers is a material breach of this Contract.
XXV. Waiver of Default. No waiver by the Parties hereto of any default or breach of
any term, condition, or covenant of this Contract will be deemed to be a waiver of any
subsequent default or breach of the same or of any other term, condition, or covenant
contained herein.
XXVI. Federal Government Agreements. This Contract is subordinate to the provisions
of any existing or future agreements between the County and the United States of
America relative to the operation and maintenance of the Airport, the execution of
which has been or may be required as a condition precedent to the expenditure of
federal funds for the development of the Airport.
XXVII. National Emergency. All provisions of this Contract are subordinate to the right of
the United States of America to lease or otherwise assume control of the Airport, or
any part thereof, during time of war or national emergency, for military use, and any
provisions of this Contract inconsistent with the provisions of such agreement with the
United States of America will be suspended thereby.
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
XXVIII. Successors and Assignment. The terms, conditions, and covenants contained in
this Contract apply and inure to the benefit of, and are binding upon the Parties hereto
and their respective successors in interest and legal representatives, except as otherwise
herein expressly provided. All rights, powers, privileges, immunities and duties of the
County under this Contract including, but not limited to, any notices required or
permitted to be delivered by the County to the Contractor hereunder may, at the
County’s option, be exercised or performed by the County’s agent or attorney,
including but not limited to its Airport Director. The Contractor may not assign its
rights, interests or obligations under this Contract without the prior and express written
consent of the County. The Contractor agrees the work and Services to be furnished to
the County are of a unique and specialized character, and the County may otherwise
object to and reject any proposed assignment as the County deems fit.
XXIX. Title VI Clauses for Compliance with Nondiscrimination Requirements (FAA
Provision A6.3.2). During the performance of this contract, the contractor, for itself, its
assignees, and successors in interest (hereinafter referred to as the “contractor”), if not
already subject to nondiscrimination requirements, agrees as follows:
A. Compliance with Regulations: The contractor (hereinafter includes consultants)
will comply with the Title VI List of Pertinent Nondiscrimination Acts And
Authorities, as they may be amended from time to time, which are herein
incorporated by reference and made a part of this Contract.
B. Non-discrimination: The contractor, with regard to the work performed by it during
the contract, will not discriminate on the grounds of race, color, or national origin
in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Nondiscrimination Acts and
Authorities, including employment practices when the contract covers any activity,
project, or program set forth in Appendix B of 49 CFR part 21.
C. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made
by the contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor’s obligations under this
contract and the Nondiscrimination Acts And Authorities on the grounds of race,
color, or national origin.
D. Information and Reports: The contractor will provide all information and reports
required by the Acts, the Regulations, and directives issued pursuant thereto and
will permit access to its books, records, accounts, other sources of information, and
its facilities as may be determined by the sponsor or the Federal Aviation
Administration to be pertinent to ascertain compliance with such
Nondiscrimination Acts And Authorities and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses
to furnish the information, the contractor will so certify to the sponsor or the Federal
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
Aviation Administration, as appropriate, and will set forth what efforts it has made
to obtain the information.
E. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with
the Non-discrimination provisions of this contract, the sponsor will impose such
contract sanctions as it or the Federal Aviation Administration may determine to be
appropriate, including, but not limited to:
1) Withholding payments to the Contractor under this Contract under the
Contractor complies; and/or
2) Cancelling, terminating, or suspending the Contract, in whole or in part.
F. Incorporation of Provisions: The Contractor will include the provisions of
paragraphs XXX.A through XXX.F in every subcontract, including procurements
of materials and leases of equipment, unless exempt by the Acts, the Regulations
and directives issued pursuant thereto. The Contractor will take action with respect
to any subcontract or procurement as the sponsor or the Federal Aviation
Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
or is threatened with litigation by a subcontractor, or supplier because of such
direction, the Contractor may request the County to enter into any litigation to
protect the interests of the County. In addition, the contractor may request the
United States to enter into the litigation to protect the interests of the United States.
XXX. Title VI List of Pertinent Non-discrimination Acts and Authorities (FAA Provision
A6.3.6). During the performance of this Contract, the Contractor, for itself, its
assignees, and successors in interest agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin);
B. 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The
Department of Transportation—Effectuation of Title VI of The Civil Rights Act of
1964);
C. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or
whose property has been acquired because of Federal or Federal-aid programs and
projects);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27;
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or
sex);
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
expanding the definition of the terms “programs or activities” to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act of 1990, which prohibit
discrimination on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain
testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of
Transportation regulations at 49 CFR parts 37 and 38;
I. The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. §
47123) (prohibits discrimination on the basis of race, color, national origin, and
sex);
J. Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures non-
discrimination against minority populations by discouraging programs, policies,
and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
K. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you
from discriminating because of sex in education programs or activities (20 U.S.C.
1681 et. seq).
XXXI. Federal Fair Labor Standards Act (FAA Provision A16). This Contract and any sub-
contractor contract shall incorporate by reference the provisions of 29 CFR part 201,
the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given
in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child
labor standards for full and part time workers.
The Contractor has full responsibility to monitor compliance to the referenced state or
regulation. The Contractor must address any claims or disputes that arise from this
requirement directly with the U.S. Department of Labor – Wage and Hour Division.
XXXII. Occupational Safety and Health Act of 1970 (FAA Provision A19). This Contract
and any sub-contractor contract shall incorporate by reference the requirements of 29
CFR Part 1910 with the same force and effect as if given in full text. Contractor must
provide a work environment that is free from recognized hazards that may cause death
or serious physical harm to the employee. The Contractor retains full responsibility to
monitor its compliance and their subcontractor’s compliance with the applicable
requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910).
Contractor must address any claims or disputes that pertain to a referenced requirement
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
directly with the U.S. Department of Labor – Occupational Safety and Health
Administration.
XXXIII. General Civil Rights Provisions (FAA Provision A5). The Contractor agrees that it
will comply with pertinent statutes, Executive Orders and such rules as are promulgated
to ensure that no person shall, on the grounds of race, creed, national origin, sex, age,
or disability be excluded from participating in any activity conducted with or benefiting
from Federal assistance. The provision binds the Contractor and sub-tier contractors
from the bid solicitation period through the completion of the Contract. This provision
is in addition to that required of Title VI of the Civil Rights Act of 1964.
XXXIV. Buy American Preference (FAA Provision A4). The Contractor agrees to comply
with 49 USC § 50101, which provides that Federal funds may not be obligated unless
all steel and manufactured goods used in AIP funded projects are produced in the
United States, unless the FAA has issued a waiver for the product; the product is listed
as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart
25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.
XXXV. Clean Air and Water Pollution Control (FAA Provision A7). Contractor agrees to
comply with all applicable standards, orders, and regulations issued pursuant to the
Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act
as amended (33 U.S.C. § 1251-1387). The Contractor agrees to report any violation to
the County immediately upon discovery. The County assumes responsibility for
notifying the Environmental Protection Agency (EPA) and the Federal Aviation
Administration. Contractor must include this requirement in all subcontracts that
exceed $150,000.00.
XXXVI. Contract Workhours and Safety Standards Act Requirements (FAA Provision A8).
A. Overtime Requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic, including
watchmen and guards, in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in such workweek.
B. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any
violation of the clause set forth in paragraph (A) of this Section, the contractor and
any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or a territory, to
such District or to such territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph
(A) of this Section, in the sum of $10 for each calendar day on which such
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
individual was required or permitted to work in excess of the standard workweek
of forty hours without payment of the overtime wages required by the clause set
forth in paragraph (A) of this Section.
C. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation
Administration (FAA) or the County shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by
the Contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other Federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to satisfy
any liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (B) of this Section.
D. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs (A) through (D) and also a clause requiring the
subcontractor to include these clauses in any lower tier subcontracts. The prime
Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (A) through (D) of this
Section.
XXXVII. Debarment and Suspension. By signing this Contract the Contractor certifies that
neither it nor its principles are presently debarred or suspended by any Federal
department or agency from participation in this Contract.
A. The Contractor, by administering each lower tier subcontract that exceeds $25,000
as a “covered transaction”, must verify each lower tier participant of a “covered
transaction” under the project is not presently debarred or otherwise disqualified
from participation in this federally assisted project. The Contractor will accomplish
this by:
1) Checking the System for Award Management at website:
http://www.sam.gov;
2) Collecting a certification statement similar to the Certificate Regarding
Debarment and Suspension (Bidder or Offeror), above;
3) Inserting a clause or condition in the covered transaction with the lower tier
contract.
XXXVIII. Prohibition of Segregated Facilities (FAA Provision A18).
A. The Contractor agrees that it does not and will not maintain or provide for its
employees any segregated facilities at any of its establishments, and that it does not
and will not permit its employees to perform their services at any location under its
control where segregated facilities are maintained. The Contractor agrees that a
breach of this clause is a violation of the Equal Opportunity clause in this Contract.
B. “Segregated facilities,” as used in this clause, means any waiting rooms, work
areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks,
locker rooms and other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing facilities provided for
employees, that are segregated by explicit directive or are in fact segregated on the
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
basis of race, color, religion, sex, or national origin because of written or oral
policies or employee custom. The term does not include separate or single-user rest
rooms or necessary dressing or sleeping areas provided to assure privacy between
the sexes.
C. The Contractor shall include this clause in every subcontract and purchase order
that is subject to the Equal Opportunity clause of this Contract.
XXXIX. Access to Records and Reports (FAA Provision A1). The Contractor must maintain
an acceptable cost accounting system. The Contractor agrees to provide the County,
the Federal Aviation Administration, and the Comptroller General of the United States
or any of their duly authorized representatives, access to any books, documents, papers,
and records of the contractor which are directly pertinent to the specific contract for the
purpose of making audit, examination, excerpts and transcriptions. The Contractor
agrees to maintain all books, records and reports required under this Contract for a
period of not less than three years after final payment is made and all pending matters
are closed.
XL. Affirmative Action Requirement (FAA Provision A2). Notice of Requirement for
Affirmative Action to Ensure Equal Employment Opportunity.
A. The Contractor’s attention is called to the “Equal Opportunity Clause” and the
“Standard Federal Equal Opportunity Construction Contract Specifications” set
forth herein.
B. The goals and timetables for minority and female participation, expressed in
percentage terms for the Contractor’s aggregate workforce in each trade on all
construction work in the covered area, are as follows:
1) Goals for minority participation for each trade: 32.3%
2) Goals for female participation in each trade: 6.9%
These goals are applicable to all of the Contractor's construction work (whether or
not it is Federal or federally-assisted) performed in the covered area. If the
Contractor performs construction work in a geographical area located outside of the
covered area, it shall apply the goals established for such geographical area where
the work is actually performed. With regard to this second area, the contractor also
is subject to the goals for both its federally involved and non-federally involved
construction.
The Contractor's compliance with the Executive Order and the regulations in 41
CFR Part 60-4 shall be based on its implementation of the Equal Opportunity
Clause, specific affirmative action obligations required by the specifications set
forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority
and female employment and training must be substantially uniform throughout the
length of the contract, and in each trade, and the contractor shall make a good faith
effort to employ minorities and women evenly on each of its projects. The transfer
of minority or female employees or trainees from contractor to contractor or from
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
project to project for the sole purpose of meeting the Contractor's goals shall be a
violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-
4. Compliance with the goals will be measured against the total work hours
performed.
C. The Contractor shall provide written notification to the Director of the Office of
Federal Contract Compliance Programs (OFCCP) within 10 working days of award
of any construction subcontract in excess of $10,000 at any tier for construction
work under this Contract. The notification shall list the name, address, and
telephone number of the subcontractor; employer identification number of the
subcontractor; estimated dollar amount of the subcontract; estimated starting and
completion dates of the subcontract; and the geographical area in which the
subcontract is to be performed.
D. As used in this notice and in the contract resulting from this solicitation, the
"covered area" is Aspen, Pitkin County, Colorado.
XLI. Copeland “Anti-Kickback” Act (FAA Provision A9). Contractor must comply with the
requirements of the Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C.
3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor
and subcontractors are prohibited from inducing, by any means, any person employed
on the project to give up any part of the compensation to which the employee is entitled.
The Contractor and each subcontractor must submit to the County, a weekly statement
on the wages paid to each employee performing on covered work during the prior week.
The County must report any violations of the Act to the Federal Aviation
Administration.
XLII. Disadvantaged Business Enterprises (FAA Provision A12).
A. Contract Assurance (§ 26.13) - The contractor or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex in the performance
of this contract. The contractor shall carry out applicable requirements of 49 CFR
Part 26 in the award and administration of DOT assisted contracts. Failure by the
contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy, as the
recipient deems appropriate.
B. Prompt Payment (§26.29) - The prime Contractor agrees to pay each subcontractor
under this prime contract for satisfactory performance of its contract no later than
ten (10) days from the receipt of each payment the prime contractor receives from
Pitkin County. The prime contractor agrees further to return retainage payments to
each subcontractor within ten (10) days after the subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval
of the County. This clause applies to both DBE and non-DBE subcontractors.
XLIII. Energy Conservation Requirements (FA Provision A14).Contractor and subcontractors
agree to comply with mandatory standards and policies relating to energy efficiency as
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (42 U.S.C. 6201 et seq).
XLIV. Equal Opportunity Clause (FAA Provision A15).
A. The Contractor agrees as follows:
1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
Contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their race,
color, religion, sex, sexual orientation, gender identify or national origin. Such
action shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
2) The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified applicants will
receive considerations for employment without regard to race, color, religion,
sex, or national origin.
3) The Contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or workers'
representatives of the Contractor's commitments under this Section, and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment.
4) The Contractor will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
5) The Contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access to his
books, records, and accounts by the administering agency and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
6) In the event of the Contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
7) The Contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of
the Secretary of Labor issued pursuant to section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means
of enforcing such provisions, including sanctions for noncompliance: Provided,
however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the
administering agency the contractor may request the United States to enter into
such litigation to protect the interests of the United States.
B. As used in these specifications:
1) “Covered area” means the geographical area described in the solicitation
from which this Contract resulted;
2) "Director" means Director, Office of Federal Contract Compliance
Programs (OFCCP), U.S. Department of Labor, or any person to whom the
Director delegates authority;
3) "Employer identification number" means the Federal social security
number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury
Department Form 941;
4) "Minority" includes:
a. Black (all persons having origins in any of the Black African racial
groups not of Hispanic origin);
b. Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or
South American, or other Spanish culture or origin regardless of race);
c. Asian and Pacific Islander (all persons having origins in any of the
original peoples of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands); and
d. American Indian or Alaskan native (all persons having origins in any
of the original peoples of North America and maintaining identifiable
tribal affiliations through membership and participation or community
identification).
C. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion
of the work involving any construction trade, it shall physically include in each
subcontract in excess of $10,000 the provisions of these specifications and the
Notice which contains the applicable goals for minority and female participation
and which is set forth in the solicitations from which this contract resulted.
D. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan
approved by the U.S. Department of Labor in the covered area either individually
or through an association, its affirmative action obligations on all work in the Plan
area (including goals and timetables) shall be in accordance with that Plan for
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
those trades which have unions participating in the Plan. Contractors shall be able
to demonstrate their participation in and compliance with the provisions of any
such Hometown Plan. Each contractor or subcontractor participating in an
approved plan is individually required to comply with its obligations under the
EEO clause and to make a good faith effort to achieve each goal under the Plan in
each trade in which it has employees. The overall good faith performance by
other contractors or subcontractors toward a goal in an approved Plan does not
excuse any covered contractor's or subcontractor's failure to take good faith
efforts to achieve the Plan goals and timetables.
E. The Contractor shall implement the specific affirmative action standards provided
in paragraphs H1 through H16 of these specifications. The goals set forth in the
solicitation from which this contract resulted are expressed as percentages of the
total hours of employment and training of minority and female utilization the
contractor should reasonably be able to achieve in each construction trade in
which it has employees in the covered area. Covered construction contractors
performing construction work in a geographical area where they do not have a
Federal or federally assisted construction contract shall apply the minority and
female goals established for the geographical area where the work is being
performed. Goals are published periodically in the Federal Register in notice
form, and such notices may be obtained from any Office of Federal Contract
Compliance Programs office or from Federal procurement contracting officers.
The Contractor is expected to make substantially uniform progress in meeting its
goals in each craft during the period specified.
F. Neither the provisions of any collective bargaining agreement nor the failure by a
union with whom the contractor has a collective bargaining agreement to refer
either minorities or women shall excuse the Contractor's obligations under these
specifications, Executive Order 11246 or the regulations promulgated pursuant
thereto.
G. In order for the non-working training hours of apprentices and trainees to be
counted in meeting the goals, such apprentices and trainees shall be employed by
the contractor during the training period and the contractor shall have made a
commitment to employ the apprentices and trainees at the completion of their
training, subject to the availability of employment opportunities. Trainees shall
be trained pursuant to training programs approved by the U.S. Department of
Labor.
H. The Contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the Contractor's compliance with these
specifications shall be based upon its effort to achieve maximum results from its
actions. The Contractor shall document these efforts fully and shall implement
affirmative action steps at least as extensive as the following:
1) Ensure and maintain a working environment free of harassment,
intimidation, and coercion at all sites, and in all facilities at which the
contractor's employees are assigned to work. The Contractor, where possible,
will assign two or more women to each construction project. The Contractor
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
shall specifically ensure that all foremen, superintendents, and other onsite
supervisory personnel are aware of and carry out the contractor's obligation to
maintain such a working environment, with specific attention to minority or
female individuals working at such sites or in such facilities.
2) Establish and maintain a current list of minority and female recruitment
sources, provide written notification to minority and female recruitment
sources and to community organizations when the contractor or its unions
have employment opportunities available, and maintain a record of the
organizations' responses.
3) Maintain a current file of the names, addresses, and telephone numbers of
each minority and female off-the-street applicant and minority or female
referral from a union, a recruitment source, or community organization and of
what action was taken with respect to each such individual. If such individual
was sent to the union hiring hall for referral and was not referred back to the
contractor by the union or, if referred, not employed by the contractor, this
shall be documented in the file with the reason therefore along with whatever
additional actions the contractor may have taken.
4) Provide immediate written notification to the Director when the union or
unions with which the contractor has a collective bargaining agreement has
not referred to the contractor a minority person or female sent by the
contractor, or when the contractor has other information that the union referral
process has impeded the contractor's efforts to meet its obligations.
5) Develop on-the-job training opportunities and/or participate in training
programs for the area which expressly include minorities and women,
including upgrading programs and apprenticeship and trainee programs
relevant to the contractor's employment needs, especially those programs
funded or approved by the Department of Labor. The Contractor shall
provide notice of these programs to the sources compiled under H2 above.
6) Disseminate the contractor's EEO policy by providing notice of the policy
to unions and training programs and requesting their cooperation in assisting
the contractor in meeting its EEO obligations; by including it in any policy
manual and collective bargaining agreement; by publicizing it in the company
newspaper, annual report, etc.; by specific review of the policy with all
management personnel and with all minority and female employees at least
once a year; and by posting the company EEO policy on bulletin boards
accessible to all employees at each location where construction work is
performed.
7) Review, at least annually, the company's EEO policy and affirmative
action obligations under these specifications with all employees having any
responsibility for hiring, assignment, layoff, termination, or other employment
decisions including specific review of these items with onsite supervisory
personnel such a superintendents, general foremen, etc., prior to the initiation
of construction work at any job site. A written record shall be made and
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
maintained identifying the time and place of these meetings, persons
attending, subject matter discussed, and disposition of the subject matter.
8) Disseminate the Contractor's EEO policy externally by including it in any
advertising in the news media, specifically including minority and female
news media, and providing written notification to and discussing the
contractor's EEO policy with other contractors and subcontractors with whom
the Contractor does or anticipates doing business.
9) Direct its recruitment efforts, both oral and written, to minority, female,
and community organizations, to schools with minority and female students;
and to minority and female recruitment and training organizations serving the
Contractor's recruitment area and employment needs. Not later than one
month prior to the date for the acceptance of applications for apprenticeship or
other training by any recruitment source, the contractor shall send written
notification to organizations, such as the above, describing the openings,
screening procedures, and tests to be used in the selection process.
10) Encourage present minority and female employees to recruit other
minority persons and women and, where reasonable, provide after school,
summer, and vacation employment to minority and female youth both on the
site and in other areas of a contractor's workforce.
11) Validate all tests and other selection requirements where there is an
obligation to do so under 41 CFR Part 60-3.
12) Conduct, at least annually, an inventory and evaluation at least of all
minority and female personnel, for promotional opportunities and encourage
these employees to seek or to prepare for, through appropriate training, etc.,
such opportunities.
13) Ensure that seniority practices, job classifications, work assignments, and
other personnel practices do not have a discriminatory effect by continually
monitoring all personnel and employment related activities to ensure that the
EEO policy and the contractor's obligations under these specifications are
being carried out.
14) Ensure that all facilities and company activities are non-segregated except
that separate or single user toilet and necessary changing facilities shall be
provided to assure privacy between the sexes.
15) Document and maintain a record of all solicitations of offers for
subcontracts from minority and female construction contractors and suppliers,
including circulation of solicitations to minority and female contractor
associations and other business associations.
16) Conduct a review, at least annually, of all supervisor's adherence to and
performance under the contractor's EEO policies and affirmative action
obligations.
I. Contractors are encouraged to participate in voluntary associations, which assist
in fulfilling one or more of their affirmative action obligations (H1 through H16).
The efforts of a contractor association, joint contractor union, contractor
community, or other similar groups of which the contractor is a member and
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
participant, may be asserted as fulfilling any one or more of its obligations under
H1 through H16 of these specifications provided that the Contractor actively
participates in the group, makes every effort to assure that the group has a positive
impact on the employment of minorities and women in the industry, ensures that
the concrete benefits of the program are reflected in the Contractor's minority and
female workforce participation, makes a good faith effort to meet its individual
goals and timetables, and can provide access to documentation which
demonstrates the effectiveness of actions taken on behalf of the Contractor. The
obligation to comply, however, is the contractor's and failure of such a group to
fulfill an obligation shall not be a defense for the Contractor's noncompliance.
J. A single goal for minorities and a separate single goal for women have been
established. The Contractor, however, is required to provide equal employment
opportunity and to take affirmative action for all minority groups, both male and
female, and all women, both minority and non-minority. Consequently, if the
particular group is employed in a substantially disparate manner (for example,
even though the contractor has achieved its goals for women generally,) the
contractor may be in violation of the Executive Order if a specific minority group
of women is underutilized.
K. The Contractor shall not use the goals and timetables or affirmative action
standards to discriminate against any person because of race, color, religion, sex,
or national origin.
L. The Contractor shall not enter into any subcontract with any person or firm
debarred from Government contracts pursuant to Executive Order 11246.
M. The Contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension,
termination, and cancellation of existing subcontracts as may be imposed or
ordered pursuant to Executive Order 11246, as amended, and its implementing
regulations, by the Office of Federal Contract Compliance Programs. Any
contractor who fails to carry out such sanctions and penalties shall be in violation
of these specifications and Executive Order 11246, as amended.
N. The Contractor, in fulfilling its obligations under these specifications, shall
implement specific affirmative action steps, at least as extensive as those
standards prescribed in paragraph H of these specifications, so as to achieve
maximum results from its efforts to ensure equal employment opportunity. If the
contractor fails to comply with the requirements of the Executive Order, the
implementing regulations, or these specifications, the Director shall proceed in
accordance with 41 CFR 60-4.8.
O. The Contractor shall designate a responsible official to monitor all employment
related activity to ensure that the company EEO policy is being carried out, to
submit reports relating to the provisions hereof as may be required by the
Government, and to keep records. Records shall at least include for each
employee, the name, address, telephone number, construction trade, union
affiliation if any, employee identification number when assigned, social security
number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer),
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
dates of changes in status, hours worked per week in the indicated trade, rate of
pay, and locations at which the work was performed. Records shall be maintained
in an easily understandable and retrievable form; however, to the degree that
existing records satisfy this requirement, contractors shall not be required to
maintain separate records.
P. Nothing herein provided shall be construed as a limitation upon the application of
other laws which establish different standards of compliance or upon the
application of requirements for the hiring of local or other area residents (e.g.,
those under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
XLV. Lobbying and Influencing Federal Employees (FAA Provision A17). The Contractor
certifies, to the best of his or her knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the Contractor, to any person for influencing or attempting to influence an officer
or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with
its instructions.
C. The undersigned shall require that the language of this certification be included in
the award documents for all sub-awards at all tiers (including subcontracts, sub-
grants, and contracts under grants, loans, and cooperative agreements) and that all
sub-recipients shall certify and disclose accordingly.
XLVI. Rights to Inventions (FAA Provision A21). Contracts or agreements that include the
performance of experimental, developmental, or research work must provide for the
rights of the Federal Government and the County in any resulting invention as
established by 37 CFR part 401, Rights to Inventions Made by Non-profit
Organizations and Small Business Firms under Government Grants, Contracts, and
Cooperative Agreements. This Contract incorporates by reference the patent and
inventions rights as specified in 37 CFR §401.14. Contractor must include this
requirement in all sub-tier contracts involving experimental, developmental or research
work.
XLVII. Veteran’s Preference (FAA Provision A25). In the employment of labor (excluding
executive, administrative, and supervisory positions), the Contractor and all sub-tier
contractors must give preference to covered veterans as defined within Title 49 United
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian
Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business
concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans.
This preference only applies when there are covered veterans readily available and
qualified to perform the work to which the employment relates.
XLVIII. Trade Restriction Certification (FAA Provision A24). The Contractor certifies that
with respect to this Contract, the Contractor:
A. Is not owned or controlled by one or more citizens of a foreign country included in
the list of countries that discriminate against U.S. firms as published by the Office
of the United States Trade Representative (U.S.T.R.);
B. Has not knowingly entered into any contract or subcontract for this project with a
person that is a citizen or national of a foreign country included on the list of
countries that discriminate against U.S. firms as published by the U.S.T.R; and
C. Has not entered into any subcontract for any product to be used on the project that
is produced in a foreign country included on the list of countries that discriminate
against U.S. firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United
States of America and the making of a false, fictitious, or fraudulent certification may
render the maker subject to prosecution under Title 18, United States Code, Section
1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the
Offeror/Contractor learns that its certification or that of a subcontractor was erroneous
when submitted or has become erroneous by reason of changed circumstances. The
Contractor must require subcontractors provide immediate written notice to the
Contractor if at any time it learns that its certification was erroneous by reason of
changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in
accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or
subcontractor:
1) Who is owned or controlled by one or more citizens or nationals of a foreign
country included on the list of countries that discriminate against U.S. firms
published by the U.S.T.R; or
2) Whose subcontractors are owned or controlled by one or more citizens or
nationals of a foreign country on such U.S.T.R. list; or
3) Who incorporates in the public works project any product of a foreign
country on such U.S.T.R. list.
Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render, in good faith, the certification required by this
provision. The knowledge and information of a contractor is not required to exceed
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
that which is normally possessed by a prudent person in the ordinary course of business
dealings.
The Contractor agrees that it will incorporate this provision for certification without
modification in all lower tier subcontracts. The Contractor may rely on the certification
of a prospective subcontractor that it is not a firm from a foreign country included on
the list of countries that discriminate against U.S. firms as published by U.S.T.R, unless
the Contractor has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed
when making an award. If it is later determined that the Contractor or subcontractor
knowingly rendered an erroneous certification, the Federal Aviation Administration
may direct through the Owner cancellation of the contract or subcontract for default at
no cost to the Owner or the FAA.
XLIX. Procurement of Recovered Materials (FAA Provision A20). Contractor and
subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act, and the regulatory
provisions of 40 CFR Part 247. In the performance of this contract and to the extent
practicable, the Contractor and subcontractors are to use products containing the
highest percentage of recovered materials for items designated by the Environmental
Protection Agency (EPA) under 40 CFR Part 247 whenever:
A. The contract requires procurement of $10,000 or more of a designated item during
the fiscal year; or,
B. The Contractor has procured $10,000 or more of a designated item using Federal
funding during the previous fiscal year.
C. The list of EPA-designated items is available at
www.epa.gov/epawaste/conserve/tools/cpg/products/.
D. Section 6002(c) establishes exceptions to the preference for recovery of EPA-
designated products if the contractor can demonstrate the item is:
1) Not reasonably available within a timeframe providing for compliance
with the contract performance schedule;
2) Fails to meet reasonable contract performance requirements; or
3) Is only available at an unreasonable price.
L. Seismic Safety (FAA Provision A22).
A. In the performance of design services, the Consultant agrees to furnish a building
design and associated construction specification that conform to a building code
standard which provides a level of seismic safety substantially equivalent to
standards as established by the National Earthquake Hazards Reduction Program
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
(NEHRP). Local building codes that model their building code after the current
version of the International Building Code (IBC) meet the NEHRP equivalency
level for seismic safety. At the conclusion of the design services, the Consultant
agrees to furnish the Owner a “certification of compliance” that attests conformance
of the building design and the construction specifications with the seismic standards
of NEHRP or an equivalent building code.
B. The Contractor agrees to ensure that all work performed under the contract,
including work performed by subcontractors, conforms to a building code standard
that provides a level of seismic safety substantially equivalent to standards
established by the National Earthquake Hazards Reduction Program (NEHRP).
Local building codes that model their code after the current version of the
International Building Code (IBC) meet the NEHRP equivalency level for seismic
safety.
LI. Distracted Driving (FAA Provision A13). In accordance with Executive Order 13513,
"Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and
DOT Order 3902.10 “Text Messaging While Driving” (12/30/2009), the FAA
encourages recipients of Federal grant funds to adopt and enforce safety policies that
decrease crashes by distracted drivers, including policies to ban text messaging while
driving when performing work related to a grant or sub-grant.
In support of this initiative, the County encourages the Contractor to promote policies
and initiatives for its employees and other work personnel that decrease crashes by
distracted drivers, including policies that ban text messaging while driving motor
vehicles while performing work activities associated with the project. The Contractor
must include the substance of this clause in all sub-tier contracts exceeding $3,500
which involve driving a motor vehicle in performance of work activities associated
with the project.
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set out
herein above.
*TBD*AWARDED RESPONDENT*
________________________________________________
!#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO
ASPEN/PITKIN COUNTY AIRPORT
________________________________________________
!#VENDOR SIGNATURE#! Date
COUNTY MANAGER APPROVAL:
________________________________________________
!#COUNTY MANAGER#! Date
COUNTY ATTORNEY APPROVAL:
________________________________________________
!#COUNTY ATTORNEY#! Date
RFQ 211.23 - Appendix Abocc.con.074.24 Exhibit A - RFQ Documents
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ("BOCC") OF PITKIN COUNTY, COLORADO, APPROVING “PITKIN COUNTY BOARD OF COMMISSIONERS AMENDMENTS AND ADDITIONS, TO THE ASE VISION COMMITTEE COMMON GROUND RECOMMENDATIONS AND AIRPORT MAP FOR THE ASPEN/PITKIN COUNTY AIRPORT”
RESOLUTION NO. 105-2020
RECITALS:
WHEREAS, Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter (“HRC”) official action by formal resolution shall be required for all actions of the Board not requiring ordinance power on matters of significant importance affecting citizens, and;
WHEREAS, Pursuant to Section 2.8.4 (Actions) of the Pitkin County Home Rule Charter
("HRC"). This matter will be acted upon by formal resolution and will call for public comment
at both first and second reading; and
WHEREAS, Pitkin County has been advancing the development of a replacement terminal,
landside and airfield improvements to bring the airfield into compliance with Federal Aviation
Administration (FAA) safety standards. The process involves extensive coordination and
vision to ensure any investments are reflective of the needs of the local community, the
air services markets, regulatory agencies, and the airlines/air service providers; and
Pursuant to Resolution No. 104-2012, the Board of County Commissioners (“BOCC”)
approved an update to the Airport Master Plan and Airport Layout Plan. Airspace and industry
trends have been studied since 2013 with the airport's Air Service Study.
WHEREAS, in 2015, the airport embarked jointly with the FAA assessing the environmental
effects of these improvements and advancing the Pitkin County’s eligibility for federal funding
and regulatory approval of the project. The Aspen-Pitkin County Airport Improvements
Environmental Assessment received a Finding of No Significant Impact (FONSI) from the
FAA in July of 2018; and
WHEREAS, The BOCC sought to co-design and co-create the next phase of the project with
the community in an open, inclusive and transparent forum; and
WHEREAS, on October 9, 2018, the BOCC gave direction to the Aspen/Pitkin County Airport staff to begin advertising for four community advisory groups to provide salient stakeholder perspectives and establish community priorities, as well as to consider technical information to help inform decision-making for the ASE Vision public outreach process;
and
WHEREAS, Pitkin County received applications between October 25, 2018 and December
14, 2018 from a broad cross section of residents from the Roaring Fork Valley; and
WHEREAS, on January 23, 2019, the BOCC approved resolution 006-2019
establishing the Airport Vision Committee, the Community Character Working Group,
the Technical Working Group, the Airport Experience Working Group and the Focus
RFQ 211.23 - Appendix Bbocc.con.074.24 Exhibit A - RFQ Documents
Group to understand Federal decisions that apply to the Aspen/Pitkin County Airport,
determine future air service needs and the trade-offs associated with achieving it,
consider the improvements and risks, and develop the Vision for the Airport that will
help prioritize any improvements or investments over the next 30 years; and
WHEREAS, on October 3, 2019 and December 5, 2019 the Community Character
Working Group, the Technical Working Group, the Airport Experience Working
Group, and the Focus Group presented their findings and recommendations to the
Vision Committee based on the strategic questions the Vision Committee requested;
and
WHEREAS, the Airport Vision Committee formally appointed by the BOCC as the
recommending body took into account the findings and recommendations from the
working groups and began to develop and produce a final set of recommendations
centered on looking through the “ a community character lens” developed by the
Community Character Working Group; and
WHEREAS, the overall process for development of recommendations took into account 123
Community Volunteers serving on five (5) Airport Advisory Groups that resulted in 47
public meetings which from time-to-time received additional data from 16 Experts including
the Aspen Institute – Future of Aviation Symposium with an estimated 200 in attendance;
and
WHEREAS, beginning January 9, 2020, the Vision Committee held weekly meetings until
March 10, 2020 during which the Visioning Committee voted 20-1 to submit to the BOCC what is known as the Common Ground Recommendations that contained 15 overall
recommendations with 71 sub recommendations; and
WHEREAS, on April, 16, 2020, the Visioning Committee submitted their findings to the
BOCC; and
WHEREAS, due to COVID-19 the BOCC held off taking public comment and making a
final decision on Vision Committee recommendations until such time in person meetings for
public comment could take place ; and
WHEREAS, on August 13, 2020, the BOCC held an in person public meeting, followed by a
virtual public meeting on August 17th to take comments on the Vision Committee’s
Common Ground Recommendations; and
WHEREAS, since August 17, 2020, the BOCC met numerous times in work sessions with
staff, and upon request, outside third party experts, and considered numerous written public
comments to develop recommended changes to the final recommendations of the Vision
Committee; and
WHEREAS, on November 10th, 2020 at the Jerome Hotel, in Aspen, Colorado, the BOCC
conducted a combination in person and virtual public comment session in which those participating, provided both verbal and written comments on the draft redlined BOCC
recommendations; and
RFQ 211.23 - Appendix Bbocc.con.074.24 Exhibit A - RFQ Documents
WHEREAS, the BOCC has determined through thoughtful, transparent decision-making, taking into consideration all information provided, to adopt the Common Ground
Recommendations as edited by the BOCC as “Attachment A”; and
WHEREAS, this Resolution and the “Pitkin County Board of Commissioners Amendments
and Additions, to The ASE Vision Committee Common Ground Recommendations and
Airport Map For The Aspen/Pitkin County Airport” (Attachment A) will be joined with the Vision Committee’s Report to provide decision making criteria for future airport initiatives
and projects; and
WHEREAS, the BOCC finds that it is in the best interest of the citizens and the visitors of Pitkin County to approve this Resolution.
NOW, THEREFORE. BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it hereby:
1. Adopts a Resolution of the Board of County Commissioners of Pitkin County,
Colorado, Approving “Pitkin County Board of Commissioners Amendments and
Additions, to The ASE Vision Committee Common Ground Recommendations and
Airport Map For The Aspen/Pitkin County Airport” (Attachment A).
2. Further, the Board of County Commissioners directs staff to begin the process to:
●Open discussions with the Federal Aviation Administration (“FAA:) the Airlines
and other partners using the contents provided in “Pitkin County Board of
Commissioners Amendments and Additions, to The ASE Vision Committee
Common Ground Recommendations and Airport Map For The Aspen/Pitkin
County Airport” (Attachment A) as a starting point for the eventual development of
an FAA required Airport Layout Plan; and
●Resolution No. 105-2020 will repeal the formal appointment of the Visioning
Committee as established by Resolution 024-2020 and put in motion the process of
seeking candidates for appointment to sit on an Airport Advisory Board to be
formalized consistent with the other Commissioner appointed advisory boards; and
●As part of the Airport Layout Plan, develop a cost analysis and timeframe for
implementation of the phasing of projects to be vetted through the Airport
Advisory Board and presented to the Board of County Commissioners for inclusion
as part of the annual budget processes; and
●Continue to update studies, forecasts and develop appropriate noise and emissions
data to be included as part of Airport Advisory Board review and Board of County
Commissioners approvals moving forward.
RFQ 211.23 - Appendix Bbocc.con.074.24 Exhibit A - RFQ Documents
INTRODUCED AND FIRST READ ON THE __2nd_____ DAY OF___December____________, 2020 AND SET FOR SECOND READING AND PUBLIC
HEARING ON THE _16th_____DAY OF _December______________ 2020.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE _3rd______ DAY OF __December___________, 2020.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE __3rd____DAY OF __December_____________ 2020.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE __16th____
DAY OF _December______________ 2020.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE _24th____ DAY OF __December__________, 2020.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE __17th____DAY OF_December______________ 2020. ATTEST:BOARD OF COUNTY COMMISSIONERS
By _________________________ By: _____________________________
Jeanette Jones Steven F. Child, Chair
Deputy County Clerk
Date: ______________
APPROVED AS TO FORM:
___________________________
John Ely, County Attorney
MANAGER APPROVAL
_________________________________
Phylis Mattice for Jon Peacock, County
Manager
Dec-18-2020
RFQ 211.23 - Appendix Bbocc.con.074.24 Exhibit A - RFQ Documents
“ATTACHMENT ”
PITKIN COUNTY BOARD OF COMMISSIONERS AMENDMENTS AND
ADDITIONS, TO THE ASE VISION COMMITTEE COMMON GROUND
RECOMMENDATIONS AND AIRPORT MAP FOR THE ASPEN/PITKIN
COUNTY AIRPORT
Introduction
On January 23, 2019, the BOCC approved Resolution 006-2019 establishing the Airport Vision
Committee, the Community Character Working Group, the Technical Working Group, the Airport
Experience Working Group and the Focus Group. The purpose of establishing these groups was to
understand Federal decisions that apply to the Aspen/Pitkin County Airport, determine future air
service needs and the trade-offs associated with achieving it, consider the improvements and risks,
and develop the Vision for the Aspen/Pitkin County Airport that will help prioritize future improvements
and/or investments.
Over the course of 12 months over 130 Community Volunteers comprised the five (5) different
Airport Advisory Groups that met regularly in 47 public meetings with presentations and that included
16 experts from across the airline industry. On December 5, 2019, the Technical Working Group,
Airport Experience Working Group, Community Character Working Group and Focus Group
presented their reports to the Vision Committee.
Beginning January 9, 2020, the Vision Committee received recommendations from each of the
Working Groups and met weekly to develop their final recommendations. On March 20, 2020, the
Vision Committee voted 20-1 to submit to the Board of County Commissioners (BOCC) what is
known as the Common Ground Recommendations. The Common Ground Recommendations report
includes supporting data and each of the Working Groups recommendations.
On April 16, 2020, the Vision Committee presented their Common Ground Recommendations to the
Board of County Commissioners. The BOCC, having reviewed all of the Common Ground
Recommendation report, began their process. Two public work sessions were conducted in the
summer of 2020 to seek additional public comments on the Common Ground Recommendations prior
to beginning the BOCC’s own review. The first was a COVID-19 restricted, in person public comment
session on August 13, 2020 followed by one virtual public comment session on August 17, 2020.
Since that initial public input, the BOCC conducted numerous work sessions to review each of the
recommendations, consider additional written comments, and seek additional third party professional
input to develop a BOCC redline of the Common Ground Recommendation. The BOCC hosted an
extended work session on November 10, 2020 to take public comment on the BOCC redlines. Those
comments were taken into consideration and are reflected in the BOCC finalized recommendations in
this document.
1
RFQ 211.23 - Appendix Bbocc.con.074.24 Exhibit A - RFQ Documents
The recommendations below is a culmination of all these efforts over the past two years that can be
found on the Pitkin County Website at https://pitkincounty.com/164/Airport. This resolution now serves
as a blueprint for the County and community to achieve the BOCC aspirational goals for the
Aspen/Pitkin County Airport over the next 30 years. Those goals and recommendations are as
follows:
Pitkin County Board of Commissioners Goals and
Recommendations
Vision Statement
The Board of County Commissioners will assure that the Aspen Pitkin County Airport safely
meets the community’s and resort’s dynamic air service needs while remaining true to the
unique community character of Pitkin County. We will continue to support the overall quality of
life of residents and visitors of Pitkin County, recognizing that the airport is a vital economic
asset and reflects our commitment to sustainability and stewardship of the natural environment.
ASE VISION COMMUNITY VALUES
Safety in the Air and on the Ground
Adaptable, Flexible, Future-Proof
•Ability to serve aircraft of the future
•Ability to adapt to future uses. Preserve space for future uses
Environmental Responsibility to Address
•Noise Pollution
•Air Pollution
•Water Quality
•Carbon emissions – aspire to net carbon neutrality
•Light Pollution
•Sustainability – energy efficiency
•Respect wildlife habitat, open space and natural surroundings
Community Character – Reflect local culture and values
•Maintain community input into the airport’s future by creating an Citizen Airport Advisory
Board
•Connection to place: It should feel like Aspen and Pitkin County
•Unique mountain airport feeling – unpretentious
•Tell Aspen story: reflect culture, mining heritage, skiing, ranching, etc.
2
RFQ 211.23 - Appendix Bbocc.con.074.24 Exhibit A - RFQ Documents
•Retain rural and small-town feel
•Reasonable growth - Modest expansion
•Control growth of emplacements and operations through a number of gates, etc.
•“Just Big Enough” “Right-Sized”
Economic Vitality
•Growth is not controlled at the airport, but the airport is a component of community
discussions about growth management plans
•Adaptable to the economic sustainability of our resort and our community
•Convenience: More direct flights
•More carriers and competition
Warm and Welcoming
•Friendly and personable for both residents and visitors
•Comfortable with excellent food & drink amenities
•Guest-friendly for passengers and peak crowds
•Stress free
•Improved, but not so different from today
•Still welcoming
•Views of mountains
•A practical airport: Better waiting rooms and employee areas
•Convenient access to/from airport
Design Excellence
•Unique – Distinctive – Great architecture
•Should look like Aspen – Small is important – Small but beautiful
•Incorporate mountain surroundings
•Awe-inspiring views
•It should be surprising!
Efficiency – an airport that works well
•Well planned
•Better functionality than today
•Incorporate new technology
•Efficient in service, time, operations
•In design, give commercial passengers priority over private planes
•Reliable gateway for visitors
Preserve High Quality of Life
•Neighbor Friendly
•Mitigate noise and emissions
•Maintain curfew
3
RFQ 211.23 - Appendix Bbocc.con.074.24 Exhibit A - RFQ Documents
Convenient & Easy Ground Transportation
•Mitigate noise and emissions
•Multi-modal transit options
•Seamless connectivity to transit
Core Community Goals for the Pitkin County-Aspen Airport
1.Safety in the air and on the ground
2.Reduce greenhouse gas and other pollutant emissions by at least 30%
3.Manage the growth of airline enplanements to be consistent with community growth
management plans with input and assistance from the Airport Advisory Board to attain the
core community goals for the Pitkin County-Aspen Airport.
4. Reduce noise by at least 30%
Goals and Recommendations
#1 - Maximize the Safety of Our Airport
•Work with non-airline pilots and insurance providers to encourage and provide training
and safety resources related to the unique characteristics and challenges of flying into
ASE
•Work with FAA and Airlines on implementing NEXTGEN program, which includes safe
clearances, enhanced efficiency, and precision approaches
•Work with the FAA to enhance safety by increasing the separation between aircraft in
the air and on the ground (This may reduce flow rate during peak periods)
#2 - Maximize the Sustainability of Our New Airport
●Strive towards carbon neutral/free and tie decisions to the Climate Action Plan
o Implement short and long-term energy goals for airfield, landside and facilities,
pursue and optimize renewable energy and storage both onsite and offsite,
including ground and roof solar, geothermal, etc. while honoring view planes and
open spaces
o Utilize the most energy efficient technologies throughout the landside, terminal,
and airside, such as LED lighting
o Include carbon offsets as a strategy to increase the overall sustainability
●Fuel and Emissions
4
RFQ 211.23 - Appendix Bbocc.con.074.24 Exhibit A - RFQ Documents
o Establish the most accurate emissions baseline possible as a starting point by
using industry best practices and experts in the field. Implement strategies to
reduce emissions by at least 30% as soon as possible, but no later than 2030
o Employ both modeling and local monitoring to track GHG and criteria pollutants,
such as volatile organic compounds (VOCs) and particulates
o Reduce overall use of aviation leaded fuel
o Incorporate biofuels that genuinely reduce the overall carbon footprint
o Pursue other fuel options as they become available
o Create financial incentives through things like landing fees and fuel prices by
allocating airport costs from excessive GHG emissions to the aircraft operations
that create those costs and, thus, rewarding aircraft operators that meet the
airport emission goals
o Emphasize public transportation and commercial flights as first choice solutions
●Noise
o Maintain and strictly enforce the curfew
o Electrify the airfield for both GA and commercial operations
o Use berms and sound walls to mitigate noise impacts. Use landscaping to
enhance the visual appearance of berms and walls
o Incentivize quieter planes
●Other sustainability goals should be pursued to ensure water conservation, elimination
of single use items, and promotion of recycling are happening throughout the airport
#3 - Seamless Ground Connectivity
•Increase utilization of RFTA
•Provide internal and external wayfinding to promote transportation modes into town
•Infrastructure encourages electric ground transportation
•Encourage multi-passenger and ride-sharing opportunities in hotel shuttles, taxis and
TNCs / ride hailing (Uber/Lyft), reducing reliance on single-occupancy vehicle trips to
and from the airport
•Develop airport-specific circulator(s) with luggage capacity connecting to Rubey Park
and Brush Creek Park and Ride
•Improve baggage transport options for all traveling public to and from the terminal
•Reserve space for future multimodal opportunities which may be included in future
planning processes, in concert with the Multi-Modal Upper Valley Transportation Plan
#4 - Improve Airline Service Reliability
•Work with the FAA and Airlines to institute a NEXTGEN and/or a Reservation System
for commercial and GA operations during peak periods to protect airline schedules –as
part of this, evaluate the past reservation system and reasons for its elimination
•Consider a Peak Period GA Pricing Program (if reservation system isn’t sufficient)
•Seek further actions that other airports may have implemented
5
RFQ 211.23 - Appendix Bbocc.con.074.24 Exhibit A - RFQ Documents
•East side taxiway and ramp design and moving GA to the north allows airliners to queue
up more quickly for take offs
#5 Non-airline Reserved Parking (ramp space)
•Reconfigure GA ramp space to move large GA and Air Taxi to the north end of the
airport away from noise-sensitive residential areas
•Provide electrical and tempered air hook-ups at each parking space
•Implement International Civil Aviation Organization (ICAO) spacing standards
•Avoid crowded “aircraft carrier parking”
•County requires aircraft to plug in and minimize auxiliary power unit (APU) use. If
County can’t require plugin, County should subsidize to incentivize plug in use
•Maintain current number of aircraft parking spots to avoid increases in drop and go’s
County should add non-airline parking spaces incrementally and measure impacts
before adding additional space to reduce drop-and-go’s
•Analyze if the addition of hangars would reduce drop-and-go’s
•Phased incremental approach to construction buildout with space reservations as shown
as part of Airport Layout Plan (ALP)
•Reserve space in the ALP for the current number of general aviation aircraft parking
spots
#6 - FBO Reflects Community Values
•The new FBO terminal should be designed striving towards carbon neutral/free
emissions
•Include the voluntary noise abatement into any design RFP
•Require FBO to convey community character, values and culture in the same way as the
commercial terminal when a new GA terminal is constructed
#7 - Build New Terminal
•Meet best practices for travelers and employees, including sterile spaces, pet areas,
re-composure areas, overflow area for luggage needs, and operational efficiency
•Create spaces that are peaceful with comfortable, appealing dwell time
•Design terminal around arts and culture that reflect our community
•Locally sourced programming, food, engagement, education from local institutions
•Welcome booth and information desk should be visible and accessible
•Accommodate all levels of mobility
•Build terminal spaces that can handle peak capacity but not the feeling of built for peak
capacity
•Integrate helpful technology but don’t let it dominate the visitor experience
•Expand curbside check-in and provide space for automated kiosks
6
RFQ 211.23 - Appendix Bbocc.con.074.24 Exhibit A - RFQ Documents
•Sponsor exhibits, local advertisements, (pre)historical exhibits to reflect a cultural and
recreational experience
•Sell character
•Promotion of health and environmental ethics - best practice/values including recycling
#8 - Enhance the Traveler and Staff Experience
•Implement traveler satisfaction survey
•County will monitor gate utilization during regular and irregular operations and the
impacts on staff
•Design of new terminal shall improve traveler and staff experience and provide sufficient
surge capacity for irregular operations
•Emphasize ease of information, efficiency, comfort and service to our airline traveling
public
•Have architecture that is both memorable and outstanding that reflects our unique
history and vision of the future
•Emphasize our place in the natural world and foster a sense of respect, appreciation
and responsibility to the environment
•Continue to promote carbon offset programs
•Develop coordinated strategy for greeting and delivering visitors to Aspen whose flights
are diverted and end up arriving and departing by ground transportation after the Airport
is closed.
#9 - Open air Jetways
•Jetways may be used, if supported by the future terminal design chosen, with defined
parameters as defined by the Board of County Commissioners such as customer
comfort, safety, and open-air experience. This will allow for electrical hookups, tempered
air, and allow greater accessibility. The County has the authority without federal funds.
•Maintain the visibility of the natural environment.
#10 – Provide and Design for 6 to 8 Gates with Comfortable Waiting Spaces
•Begin the design concept of the terminal and ramp with six (6) functioning gates/jetways
with sufficient space to add the additional gates/jetways if necessary for safe and
efficient airport operations. Consideration should be given as to impacts on staff as well
as passengers when determining number of gates
•A design with six functioning gates and space for two additions will allow for constructing
a terminal with the core functions accommodating up to an eight-gate volume.
7
RFQ 211.23 - Appendix Bbocc.con.074.24 Exhibit A - RFQ Documents
•Addition of gates/jetways over and above six, either during design or post construction
are to be determined upon an Airport Advisory Board recommendation approved by
Board of County Commissioners resolution or ordinance after public hearings and input.
•Comfortable gate seating to accommodate every person on the aircraft under normal
regular operations.
•Design space to be comfortable with the intent to find a balance between limiting and
overbuilt.
#11 - Flexible gates
•Provide 6 to 8 gates for smaller regional aircraft but fewer for larger aircraft. Gates “flex”
down for larger aircraft, thus keeping total enplanement/deplanement at approximately
the same level, regardless of aircraft size.
•Create a special arrival-only process to facilitate rapid deplaning of flights delayed by
weather events and arriving together.
•The Board of County Commissioners upon advice from the Airport Advisory Board, will
define parameters and policy for the use of how the gates will be expanded or
contracted when the gates become more defined during design.
Preface to following goals:
Pursuit of the work in the proposed Airport Layout Plan will not be approved by the Board of
County Commissioners until such time as either negotiations with the FAA and/or the airlines,
and other partners, or clear and convincing evidence in an updated fleet mix study indicate that
only aircraft which are cleaner, quieter, and of certain size that will serve ASE
#12: Replace the current ADGIII Airport Layout Plan with an
improved ADGIII Airport Layout Plan that accommodates aircraft that meet
community goals
•Commission an updated fleet mix study after allowing airline industry to recalibrate after
the disruptions caused by the COVID 19 pandemic
•Negotiate with airlines and FAA to achieve agreements with the county that ASE will be
served by aircraft with the following characteristics:
o greenhouse gas and other emissions that are significantly lower than the
CRJ-700
o quieter than the CRJ-700
o weight limit of 140,000 MTOW
o seat limitation of no more than 100-120 passengers
•Retain and strengthen the voluntary noise restriction
•Separate the runway from the taxiway by 400' between centerlines
•Widen the runway to 150'
8
RFQ 211.23 - Appendix Bbocc.con.074.24 Exhibit A - RFQ Documents
•Charge the Airport Advisory Board to evaluate the success of the negotiations and/or
the outcome of update fleet mix studies and make an alternate recommendation if
necessary.
#13 - Leave the runway where it is.
•Requires future relocation of tower. Operating exception for GA aircraft movements until
the tower is relocated or alternative options (cameras or virtual tower) are implemented.
•Move deicing pads to the east and relocate of surface vehicle parking to the north.
•GA parking on the west side will be required to maintain the same number of GA/Air
Taxi parking spaces.
•Future ramp expansion space to be reserved based on “drop and go” analysis.
•With leaving the runway as is, a more methodical approach to begin separation for
safety is by phasing the west side GA development. By phasing, the collection of data
over time will help determine:
o Whether the need for added ramp space for GA decreases if air taxi operations
increase
o If lack of parking space for GA increases or decreases drop and go activity.
#14 - Construction Phasing
•Minimize community disruptions while considering the phasing of various terminal,
airfield and landside improvements.
•Time projects based on technical requirements and ability to fund in consideration of
new aircraft.
•Terminal is a priority when looking at phasing of overall construction projects.
9
RFQ 211.23 - Appendix Bbocc.con.074.24 Exhibit A - RFQ Documents
Goal #15 - Common Ground Recommendation Airport Map
•The attached Common Ground Recommendation airport map offers a visual depiction of
the design ideas, values and goals taken together. The map depicts the CGR as the
environmental choice for our community that reflects safety, environmental sustainability
and functionality as our top priorities.
•Additional length of west side taxiway may be an option if the mid-crossing is an issue
with FAA.
•Any major deviations will be brought back by the Board of County Commissioners to the
Pitkin County Airport Advisory Board for further discussion and refinement.
Community Safeguards
•Adopt this plan by Ordinance or Resolution
•Appoint Citizen Airport Advisory Board
•Annual Airport Report to BOCC and Airport Advisory Board to assure achieving goals
Great Data & Measurements
•2020 & 2021: Solid Baseline for Greenhouse Gas, NOx emissions, etc. Derived from
both models and actual testing
•Future years: Measure, Measure, Measure; use models and air quality testing
•Every year: Progress Report to BOCC and Airport Advisory Board
10
RFQ 211.23 - Appendix Bbocc.con.074.24 Exhibit A - RFQ Documents
SEALED QUALIFICATION
Jen Wolchansky, AICP, ENV SP
Project Manager and Aviation
Sustainability Lead
303-483-2819
Jen.Wolchansky@meadhunt.com
999 18th St, Suite 2300
Denver, CO 80202
STATEMENT OF QUALIFICATIONS
NOISE MONITORING AND
CONSULTATIVE ENVIRONMENTAL SERVICES FOR THE ASPEN/PITKIN COUNTY AIRPORT
RFQ #: 211.23
SEPTEMBER 26, 2023
bocc.con.074.24 Exhibit B - M&H Qualifications
2
CONTENTS
A Contact Information Cover
B Firm Interest 3
C Firm's Experience and Qualifications 4
D Firm's Knowledge, Experience, and Capabilities 8
E Proposed Approach 14
F Ability and Commitment to Complete Projects 19
G Familiarity with Similar Services in Similar Airports 21 H Subconsultants 23
Attachments 25
bocc.con.074.24 Exhibit B - M&H Qualifications
September 26, 2023
Aspen/Pitkin County Airport 0233 E Airport Rd Ste A, Aspen, Colorado 81611
Subject: Statement of Qualifications for Noise Monitoring and Consultative Environmental Services
for the Aspen/Pitkin County Airport, RFQ #: 211.23.
Dear Selection Committee,
In 2008, we supported your Airport in initiating a voluntary noise reduction program known as the Fly Quiet Program (FQP). It was one of the first programs of its type to focus on general aviation (GA) jet operators. The Aspen/Pitkin County (ASE) Fly Quiet Program uses operational data, radar flight track data, continuous annual noise modeling (at Woody Creek), seasonal on-site noise monitoring, and noise contour modeling to evaluate noise associated with operations at the Airport.
The Common Ground Recommendations, developed as part of the ASE Visioning Process, identified a noise reduction goal: to reduce aircraft generated noise levels by at least 30 percent (from baseline) by 2030. As part of this contract, our Team is excited not only to continue collecting and analyzing your noise data, but also to integrate new, innovative technologies and provide recommendations for enhancing the Fly Quiet Program to be able to achieve your goal.
We have assembled the Mead & Hunt Team with a complement of local, regional, and national expertise to assist you in developing a comprehensive noise monitoring, reporting, and ranking program that sets an accurate baseline, evaluates and tracks noise levels, and provides effective strategies for overall noise reduction. To address the specific requests included in this RFQ, the Mead & Hunt Team includes three firms that have specific experience at Aspen/Pitkin County Airport and have unparalleled experience in the services you have requested. Mead & Hunt will serve as the prime consultant, with technical assistance from BridgeNet International and Barry Technologies, our trusted and longtime subconsultants.
Mead & Hunt – Project Management, Stakeholder Engagement, Program Development Strategies,
and Client Liaison
BridgeNet International – Noise Modeling, Program Strategy Development, and Noise Reduction
Strategies and Programs
Barry Technologies – Noise Monitoring
Your program needs a team with extensive experience, a thorough understanding of local challenges, and unparalleled commitment to your Airport. For over 40 years, Mead & Hunt, initially as Barnard Dunkelberg & Company, has provided professional environmental planning and noise services to the Aspen/Pitkin County Airport, and we sincerely want to continue this relationship. We welcome this opportunity to present our qualifications and experience to you. If you have any questions, please contact Jen Wolchansky at 303-483-2819 or Jen.Wolchansky@meadhunt.com. We appreciate the opportunity to continue serving you.
Sincerely, Mead & Hunt, Inc.
Jen Wolchansky, AICP, ENV SP Project Manager
MEAD & HUNT | 999 18th Street, Suite 2300S Denver, Colorado | 303-825-8844
B. Firm Interest
bocc.con.074.24 Exhibit B - M&H Qualifications
C. Firm's Experience and Qualifications 4
C. Firm's Experience and
Qualifications
Similar Services/Projects
Our team specializes in all aspects of airport planning, with unique experience in developing and implementing noise studies, land use planning, environmental documentation, and programs to pursue noise abatement goals. We are proud of our body of work and believe that this experience — forged by participation in some of the most challenging noise studies, planning, and environmental issues facing airports in the last four decades — provides us with a background rich in relevant experience. Our team includes technical Airport Environmental Design Tool (AEDT) modelers, forecasting specialists and Federal Aviation Administration (FAA) noise regulation experts. And, while technical expertise is important, at the end of the day, our team is most experienced in dealing with people. Noise is first and foremost about perception. Perceptions can drive an entire process if not effectively managed – often, these perceptions are not about noise, but rather safety and health, among other concerns. It is something that we know you have experienced, as is evident with the noise-related goal set in the ASE Visioning Process. We worked with you to initiate the launch of your Fly Quiet Program, and have been fortunate to provide these services to ASE for the past 20 years. The following project examples demonstrate work we have successfully completed at other airports that is similar in scope to your RFQ.
Airport Fly Quiet Program
Jackson Hole Airport (JAC) is the only commercial service airport located entirely within a national park: Grand Teton National Park. As such, the airport’s environment is very noise sensitive and critical to the park users' experience. The Fly Quiet Program, a team effort between Mead & Hunt and BridgeNet International, is an effort to voluntarily reduce noise intrusion to both the park and the surrounding residential community. Coordination with the park is most critical and they are involved throughout the process.
The development of a Fly Quiet Program for JAC was approved in the most recent Part 150 Noise Study, and the inaugural Fly Quiet Program debuted in 2021. Under this Program, each airline and corporate jet operator with a minimum number of flights is graded and ranked on its performance; these scores are then made available to the public via the airport’s website, newsletters, and publications. The Fly Quiet Program rankings also show whether an operator is working to improve its performance and ranking. The overall goal of the program is to influence airlines and individual operators to fly new generation quieter aircraft and operate as quietly as possible at the airport, along preferred routes. The Fly Quiet Program focuses on continued improvement and collaboration with the users to reduce noise on a voluntary basis. The program is ongoing and is intended to be expanded as conditions change and aircraft are quieter in the future.
CONTACT
y Robert McLaurin, Past Board President 307-413-3483 rmclaurin99@gmail.com
YEAR OF THE PROJECT y 2021 to present
Jackson Hole Airport
Jackson, WY
bocc.con.074.24 Exhibit B - M&H Qualifications
CONTACT
y Megan Jenkins, PIO, Communications & Customer Experience Manager 307-733-7695, Megan.Jenkins@jhairport.org
YEAR OF THE PROJECT y 1983 to Present
On-Call Noise Consulting Services and Noise Monitoring System
Use Agreement Compliance and Monitoring Report: BridgeNet generates an annual report for the airport that details the noise monitoring completed each year, including determining if airport operations comply with the Use Agreement between the Department of Interior and the airport. Data included in the annual report are used to support the Fly Quiet Program that presents near real-time updates of results. Data used for the Fly Quiet Program include details on fleet quality, high noise events, voluntary curfew, and compliance with three separate flight path procedures for commercial and GA operators. Near real-time reporting allows for the ability to notify operators with low scores to try to make changes to their operations to improve their scores before the reporting period ends.
Noise Monitoring System: BridgeNet is the prime contractor for the Noise and Operations Monitoring System (NOMS), using L3Harris surveillance data and extender. BridgeNet developed and installed the world’s first fully remote hosted NOMS system, which includes six permanent noise monitoring sites. The system is used to measure compliance with the Use Agreement with the Department of the Interior. The system includes a recent enhancement with “on-the-fly” updates to the Fly Quiet Program designed for both commercial and corporate jet operations.
Jackson Hole Airport
Jackson, WY
C. Firm's Experience and Qualifications 5
CONTACT
y Sjohnna Knack, Program Manager, Planning & Environmental Affairs (Airport Noise) 619-400-2639, sknack@san.org
YEAR OF THE PROJECT y 2019 to 2021
Part 150 Study Update
This Part 150 study evaluated aircraft noise and land use compatibility for a large-hub airport surrounded by residential, commercial, and retail development. San Diego International Airport is a controversial airport due to NextGen implemented approach and departure procedures as part of the SOCAL Metroplex implementation. There is an ongoing residential sound attenuation program that may require revision and significant citizen noise concerns at distances far exceeding the Community Noise Equivalent Level (CNEL) 65 noise contour. (Note the CNEL metric is specific to California.) Mead & Hunt served as the Prime Consultant, with BridgeNet International serving as a subconsultant.
This project involved extensive community interest and involvement. Regular meetings were held with a Citizens Advisory Committee (CAC), as well as a Technical Advisory Committee (TAC) throughout the study. Multiple in-person and virtual public meetings were conducted to receive input from community members.
San Diego International Airport
San Diego, CA
bocc.con.074.24 Exhibit B - M&H Qualifications
Fly Friendly
BridgeNet developed, launched, and maintains the Fly Friendly Program at John Wayne Airport (SNA).
Utilizing 20 years of experience building and launching Fly Quiet programs, BridgeNet created the SNA “Fly Friendly” program by working with airport staff, The Orange County Airport Commission, The Orange County Board of Supervisors, operators, pilot organizations, and other parties. Leveraging their knowledge of what has worked well at other airports, BridgeNet collaborated with all involved parties to design the rules, scoring and ranking methodology, incentives, awards, and timetables. SNA has long-standing noise abatement regulations that determine the types of aircraft allowed to operate there, as well as the number of passengers that can be served. In this unique environment, BridgeNet created a reporting program that showed how operators adhere to these regulations, as well as how they can implement new voluntary sustainability measures.
Using Microsoft’s PowerBI dashboarding reporting suite, BridgeNet created and maintains simple yet powerful reports to show Fly Friendly progress. These reports help not only the airport manage and monitor the program, but help the operators quickly see where they stand in the rankings.
CONTACT
y Eric Freed, Deputy Airport Director, Public Affairs 949-252-5043, efreed@ocair.com
YEAR OF THE PROJECT y 2021 to Present
John Wayne Orange
County Airport
Santa Ana, CA
C. Firm's Experience and Qualifications 6
Noise Portal
BridgeNet played a key role in the development of content for the Los Angeles World Airports (LAWA) Noise Portal, including custom outreach videos and PowerBI dashboard reports.
In 2020, LAWA launched a public Noise Portal website to educate the public on common noise issues at Los Angeles (LAX) and Van Nuys Airport (VNY). As part of this project, BridgeNet collaborated with the LAWA Noise Office staff to craft stories LAWA wanted to share with the public, including “Air Traffic 101” at LAX and VNY, runway flows at LAX (West, East, and Over Ocean) and VNY (North, South), and certain air traffic routes the public was concerned about (such as North Downwind Arrivals). Based on these storyboards, BridgeNet staff used their Volans software to generate 3D animations and create professional videos for use in the Noise Portal.
BridgeNet also designed PowerBI dashboard reports for the Noise Portal, collaborating with LAWA staff on content details. These reports automatically update monthly based on software BridgeNet developed. These reports include airline and aircraft operations, runway use, and community complaints. BridgeNet continues to write new PowerBI reports for the LAWA Noise Office to enhance the capabilities of the ANOMS system.
CONTACT
y Dan Yeung, Environmental Supervisor 424-646-6503, dyeung@lawa.org
YEAR OF THE PROJECT y 2016 to Present
Los Angeles World Airports
Los Angeles, CA
bocc.con.074.24 Exhibit B - M&H Qualifications
Fly Quiet Program
The Port Authority of New York and New Jersey (PANYNJ) is developing Fly Quiet Programs at John F. Kennedy International Airport (JFK), Laguardia Airport (LGA), and Newark Liberty International Airport (EWR), and is also updating the existing Teterboro Airport (TEB) Quiet Flying program. The goal of the Fly Quiet Programs is to encourage aircraft operators to adhere to noise abatement procedures, preferential runway programs, and fly the quietest aircraft at these airports. Their scope of work includes maintaining the Fly Quiet Programs database website used for scoring and ranking airlines and creating Fly Quiet Programs reports for stakeholders.
They have facilitated and coordinated significant stakeholder engagement efforts with airlines, the FAA, and community roundtables, and have also designed, engineered, and deployed a dashboard website for airport and airline stakeholders to view these Fly Quiet Programs scorecards and rankings.
CONTACT
y Adeel Yousuf, Aviation Noise Manager 973-868-9490, ayousuf@panynj.gov
YEAR OF THE PROJECT y 2022 to Present
Port Authority of New York and
New Jersey
Jersey City, NJ
C. Firm's Experience and Qualifications 7
CONTACT
y Dustin Havel, Former Director of Operations at ASE, Current Assistant Airport Director – Operations at JAC 307-413-1532, dustin.havel@jhairport.org
YEAR OF THE PROJECT y 1986 to Present
On-Call Acoustic Services, Fly Quiet Program
Fly Quiet Program: ASE’s Fly Quiet Program was implemented by both Mead & Hunt and BridgeNet. It focuses on operations by business jet aircraft. Since the inception of the program in 2008, ASE has continued to see a trend of aircraft operating quieter equipment, using existing noise abatement arrival and departure procedures, and is a good example of the tangible benefits that can be achieved by a Fly Quiet Program.
Environmental Assessments: BridgeNet’s role as a member of the consulting team included utilizing recorded noise measurement data in conjunction with noise modeling, generating noise contour maps, and generating the greenhouse gas inventory.
Bi-Annual Noise Monitoring Report: BridgeNet generates a semi-annual noise report for the airport. It details aircraft noise monitoring, including determining the Day-Night Average Sound Level (DNL) and multiple supplemental metrics, such as sound exposure level, maximum noise level, and loudest aircraft events. The report also reviews historic trends of how aircraft operate at the airport and the percent of the fleet that are Built Stage 2 – Stage 5.
Aspen/Pitkin County Airport
Aspen, CO
bocc.con.074.24 Exhibit B - M&H Qualifications
8
D. Firm's Knowledge,
Experience, and
Capabilities
D. Firm's Knowledge, Experience, and Capabilities
ASE EXPERIENCE
The Mead & Hunt Team has provided environmental and acoustic services to Pitkin County and ASE for numerous projects, including master plans, environmental assessments, sustainability reports, greenhouse gas inventories, and helped launch the Fly Quiet Program. In these roles, at the direction of the Airport Advisory Board (AAB) and commission, we have continuously strived to provide expert professional services in the best interest of the Airport and the County, while advancing noise and sustainability goals.
During this key time at ASE, we look forward to enhancing the existing noise abatement and mitigation programs, including the Fly Quiet Program. This is an exciting time to be engaged in aircraft noise issues; there are many technological advancements on the horizon, including electric aircraft and support equipment, sustainable aviation fuel (SAF), and Urban Air Mobility (UAM). These ongoing efforts are in parallel with potential policy changes on the national level, including FAA policies that guide and inform how airports and communities can implement noise abatement measures.
PROPOSED PROJECT TEAMAs stated earlier, the Mead & Hunt Team is composed of Mead & Hunt as prime consultant and BridgeNet International and Barry Technologies as our technical subconsultants. These firms have successfully worked together for over 45 years on a plethora of aircraft noise studies, including Fly Quiet Programs, and general noise reduction/mitigation projects. Jen Wolchansky will serve as your Project Manager, with Hardy Bullock serving as Deputy Project Manager. Jen has been Assistant Project Manager on the ASE Fly Quiet Program for the last five years and is currently Project Manager for the JAC Fly Quiet Program and other noise related issues at the airport. Hardy previously served as Director of Aviation and Community Services for the Truckee/Tahoe Airport (TRK) and was responsible for their noise management program community outreach. Ryk Dunkelberg will serve as Project Principal, a role he has previously held for all your Airport noise programs. Paul Dunholter, with BridgeNet, will serve as the technical computer modeler, website developer, and noise reduction strategist with Cindy Gibbs, also with BridgeNet, serving as Principal monitoring manager and public involvement coordinator. Bernard Barry of Barry Technologies is a certified Disadvantaged Business Enterprise (DBE) and will support the team by providing noise monitoring services.
Jen is located in the Denver office of Mead & Hunt and has approximately 30 percent availability to devote to this assignment. Hardy is located in Truckee, California and has approximately 50 percent availability. Ryk is located in Tulsa, Oklahoma and has approximately 50 percent availability. Paul and Cindy are both located in Newport Beach, California. They both have 40 percent availability. Bernard is located in Chicago, Illinois and has 30 percent availability.
The Organizational Chart on the following page indicates the roles and responsibilities of the key members of our Team.
bocc.con.074.24 Exhibit B - M&H Qualifications
PROJECT TEAM
MH Mead & Hunt
BNI BridgeNet International
BT Barry Technologies (DBE)
Project Manager
MH | Jen Wolchansky, AICP, ENV SP
Deputy Project Manager
MH | Hardy Bullock, AAE
Noise Modeling
BNI | Paul Dunholter, PE
BNI | Clint Morrow
Website Development
BNI | Paul Dunholter, PE
BNI | Clint Morrow
Noise Monitoring
BNI | Cindy Gibbs, PMP
BT | Bernard Barry
Program Development
MH | Jen Wolchansky, AICP, ENV SP
BNI | Paul Dunholter, PE
MH | Ryk Dunkelberg, Esq.
MH | Hardy Bullock, AAE
Noise Reduction Strategies
BNI | Paul Dunholter, PE
MH | Ryk Dunkelberg, Esq.
MH | Jen Wolchansky, AICP, ENV SP
Public Involvement
MH | Ryk Dunkelberg, Esq.
MH | Jen Wolchansky, AICP, ENV SP
BNI | Cindy Gibbs, PMP
Project Principal
MH | Ryk Dunkelberg, Esq.
Team Organization
9D. Firm's Knowledge, Experience, and Capabilities
bocc.con.074.24 Exhibit B - M&H Qualifications
Resumes of Key Personnel
10D. Firm's Knowledge, Experience, and Capabilities
Project Manager
Jen Wolchansky is a certified planner under the American Institute for Certified Planners and a certified Envision Sustainability Professional. Jen leads environmental and planning for airports and other organizations, addressing growth and facility needs, all while considering the need to minimize financial, operational, social, and environmental impacts. Throughout her work on aviation environmental, sustainability, and noise planning projects, she has gained extensive experience preparing National Environmental Policy Act (NEPA) documents, managing sustainability plans, and developing Part 150 Noise Studies.
Jen managed the Chicago Executive Airport Noise Exposure Map (NEM) Update and served as Deputy Project Manager on the SAN and JAC Part 150 Studies. Her other planning projects include NEPA evaluation for Houston Airport Systems (HAS), Denver International Airport (DEN), as well as sustainability planning for Flagstaff Airport (FLG), Coeur d’Alene Airport (COE), and Northwest Arkansas Regional Airport (XNA), along with the Statewide California Military Department Sustainable Master Plan. Additionally, Jen managed the Colorado Department of Transportation Division of Aeronautics statewide sustainability program, the first FAA-funded sustainability system plan which covered all of Colorado’s airports. The project won numerous awards, including an Airports Going Green Award and an Environmental Business Journal Award.
EDUCATION
y MA, Geography, University of Colorado
y BS, Environmental Sciences, The George Washington University
REGISTRATIONS/CERTIFICATIONS
y American Institute of Certified Planners (AICP)
y Envision Sustainability Professional (ENV SP)
PROXIMITY TO ASE
y Denver, CO
AVAILABILITY (%)
y 30%
Jen Wolchansky, AICP, ENV SP
Project Principal
Educated in planning and law, Ryk Dunkelberg serves as a project principal for the firm’s master planning, noise and land use compatibility studies, and environmental planning projects. Ryk is involved in and responsible for sustainability studies, Fly Quiet Programs, airport master planning studies, site evaluation and selection studies, CFR Part 150 studies, environmental assessments and impact statements, and airport resource planning and analysis. As a project director, he is responsible for the administration and management of complex environmental and planning programs. He has been responsible for preparing more than 45 CFR Part 150 studies, NEM updates, and numerous NEPA documents of all sizes. In 2016, Ryk was awarded the Randy Jones Award for Excellence in Airport Noise Mitigation, Abatement and Management.
EDUCATION
y JD, Law, University of Tulsa
y MS, Natural Resources Planning, Colorado State University
y BS, Forest Ecology, Oklahoma State University
REGISTRATIONS/CERTIFICATIONS
y Oklahoma Bar Association
y American Bar Association
PROXIMITY TO ASE
y Tulsa, OK
AVAILABILITY (%)
y 50%
Ryk Dunkelberg, ESQ.
bocc.con.074.24 Exhibit B - M&H Qualifications
Deputy Project Manager
Hardy Bullock is a licensed instrument pilot and airport planner with 24 years of experience. He has been involved in airspace evaluations, instrument flight procedure development studies, noise mitigation projects, air traffic control tower siting studies, and a litany of airport development and stakeholder engagement projects. His experience working with noise and impact affected neighborhoods, stakeholders, and communities includes: evaluating aircraft performance and noise exposure data for use in constructing arrival, departure, and noise abatement procedures; analyzing cumulative exposure using a variety of flight track data sources; creating data driven estimations of single event and cumulative impact from aircraft operations; analyzing aircraft fleet mix, performance, and airfield attributes affecting the construction of accurate NEM, noise contours, and land use designations.
EDUCATION
y BA, General Studies, University of Nevada
REGISTRATIONS/CERTIFICATIONS
y Accredited Airport Executive (AAE)
y California Licensed Contractor
y Pilot (Airman) Certificate Total Time 1800 hours - Instrument Rating / Multi Engine Instrument / Glider / Jet
PROXIMITY TO ASE
y Truckee, CA
AVAILABILITY (%)
y 50%
Noise Modeling/Noise Reduction Strategies/Program Development/Website Development
As BridgeNet’s company founder and a respected leader in the industry, Paul Dunholter has a long and successful history in acoustic consulting and air traffic analysis. Paul continues to lead BridgeNet in developing innovative solutions for air traffic and airports through software analysis and communication tools. His ability to translate complex technical issues to common language is evidenced by his successful management of dozens of airport and air traffic projects and software applications in use today at airports and air navigation service providers around the world.
In 2012, he won the Aviation Week & Space Technology Innovation Challenge in the Software Category for his 3D software, VolansTM. In 2022, Paul was awarded a US Patent for co-authoring Volans ability to assess environmental impacts related to airspace changes. Paul has launched numerous Fly Quiet Programs throughout the country, including the first commercial program at Chicago O’Hare (ORD) and the first GA program at ASE. Since first launching these programs in the early 2000’s, Paul continues to innovate reporting methods to report results in an effective and understandable manner.
EDUCATION
y BS, Civil Engineering, University of California, Irvine
REGISTRATIONS/CERTIFICATIONS
y Licensed Professional Engineer – CA and NV
PROXIMITY TO ASE
y Newport Beach, CA
AVAILABILITY (%)
y 40%
Hardy Bullock, AAE Paul Dunholter, PE
11D. Firm's Knowledge, Experience, and Capabilities
bocc.con.074.24 Exhibit B - M&H Qualifications
Noise Modeling/Website Development
Clint Morrow has 20 years of experience in aviation, including community involvement, stakeholder engagement, and environmental programs. He serves as the Vice President of BridgeNet International, A Tetra Tech Company, where he manages airport and airspace projects involving community outreach, airport engagement, and public communications.
Clint has also managed environmental programs and projects at the Federal and state levels. He has led numerous NEPA assessments, 14 CFR Part 150 studies, and environmental planning and compliance projects. Prior to joining BridgeNet, he served as an airport noise officer, responsible for collaboration with airlines, air traffic control, and local communities to manage and mitigate noise impacts. He also previously supported the PANYNJ 14 CFR Part 150 Studies at JFK and LGA airports.
EDUCATION
y BS, Mechanical Engineering, University of Maryland
PROXIMITY TO ASE
y Baltimore, MD
AVAILABILITY (%)
y 30%
Noise Monitoring/Public Involvement
Cindy Gibbs is a project manager at BridgeNet International, a Tetra Tech Company, concentrating on environmental projects including FAR Part 150 Studies, Fly Quiet Programs, NEPA, community outreach, and general acoustic consulting for airports of all sizes. Cindy’s focus in these studies is to use modern, technology-based solutions for airports with mature noise programs and apply this knowledge to airports, creating new noise mitigation at airports ranging from GA to large hub.
EDUCATION
y BS, Aviation Management, California State University at Los Angeles
y AS, Commercial Flight, Mount San Antonio College
REGISTRATIONS/CERTIFICATIONS
y Project Management Professional
y Private Pilot, Single Engine Land with High Perf Endorsement
PROXIMITY TO ASE
y Newport Beach, CA
AVAILABILITY (%)
y 40%
Clint Morrow Cindy Gibbs, PMP
12D. Firm's Knowledge, Experience, and Capabilities
bocc.con.074.24 Exhibit B - M&H Qualifications
Noise Monitoring
Bernard Barry has provided noise monitoring and comprehensive reporting services for over 20 years. His work includes supporting the City of Chicago Department of Aviation School Sound Insulation Program which included more than 64 schools, resulting in over $100 million in improvement funds. He provides noise measurement and reporting services for NEPA analyses, FAR Part 150 Noise Compatibility Studies, and Ground Run-Up Enclosure (GRE) Acceptance Testing at airports across the United States. For eight years, Bernard served as an Airfield Operations Supervisor at St. Louis Lambert and O’Hare International Airports. In addition to aviation work, he has provided noise measurement consulting services for projects involving highways, rail systems, heliports, government agencies, and private industries.
EDUCATION
y BS, Aeronautical Administration, St. Louis University - Parks College
PROXIMITY TO ASE
y Chicago, IL
AVAILABILITY (%)
y 30%
Bernard Barry
13D. Firm's Knowledge, Experience, and Capabilities
bocc.con.074.24 Exhibit B - M&H Qualifications
14
E. Proposed Approach
E. Proposed Approach
ASE implemented a voluntary noise reduction program, known as the Fly Quiet Program, in 2008. It was one of the first programs of its type to focus on GA jet operators. The Program is a voluntary effort to reduce noise intrusion to both the City of Aspen and communities within Pitkin County due to GA jet operations. It does not specifically address commercial service operators, as only one commercial service operator, Skywest, serves the Airport, flying a CRJ 700 for all of its operations. (Note that Skywest operates as United, Delta, and American Airlines.) The Program consists of the collection of operational data, radar flight track data, continuous annual noise modeling at one location in Woody Creek, seasonal on-site noise monitoring at five other locations around the airport, and noise contour modeling.
Using this data, the Program evaluates a variety of metrics to track the success of noise reduction efforts. The Program monitors and evaluates three major metrics: Fleet Noise Quality, High Noise Events, and Approaches to Runway 33. In addition, an annual DNL contour is generated, and a noise certification stage percent of fleet is presented. Bonus points are given to those fleet operators who operate the quietest fleet at the Airport.
Since the Program is 15 years old and has not been significantly updated or changed, it is an appropriate time to review the Program and implement modifications that could improve it, whether including new metrics or enhancing outreach efforts with operators. Even though the Program has evolved over time, further enhancements can and should be implemented to align with the Common Ground Recommendation goal of a 30 percent reduction of noise at the Airport. BridgeNet is currently working with Teterboro Airport to refresh its long-standing Quiet Flying Program, as well as launching the Fly Friendly Program at John Wayne Airport. Both of these programs focus on GA jet operations and, like Aspen, are located in areas with some of the most noise contentious issues related to these operations. Additionally, the Mead & Hunt team launched the Fly Quiet Program at Jackson Hole Airport in 2021 and is continually tracking its effectiveness to determine updates or changes that will help reduce noise over the park and surrounding community.
Potential measures and recommendations to enhance your Fly Quiet Program are presented in the following paragraphs. Improvements include updates to the noise monitoring, flight track system, complaint management, and reporting. These suggested improvements are intended to enhance your noise program to achieve a 30 percent improvement to noise by 2030.
AIRPORT MANAGEMENT OPERATIONAL ENHANCEMENT OPTIONSConvert Temporary Sites to Permanent Sites. The Woody Creek Site was converted to a long-term continuous noise monitoring site in 2018. The purpose of this update was to have data on year round activity and to make the data more accessible for updates to the Airport and AAB on a regular basis. Data can be displayed in near real-time and can playback noise that has recently occurred. The new permanent sites will have cellular connectivity so that the data can be accessed quickly. An example of a permanent site located in a pristine remote area such as Aspen is shown in the photo to the left. In order to reduce impacts to the local environment, this permanent noise monitor uses solar power and wireless communications, which can also be deployed at other permanent locations within the valley.
Woody Creek Permanent Noise Monitoring Site, 2023
bocc.con.074.24 Exhibit B - M&H Qualifications
Additional or Relocated Noise Monitors. There has been some discussion concerning the installation of additional noise monitor locations or relocating current sites. Currently, there is only one permanent noise monitor located in Woody Creek. It may be appropriate to install or move monitors to provide additional data, especially if new or expanded metrics are added for evaluation. The location of any additional monitors will require coordination with the AAB, the Airport, and potential landowners. Such locations could include east of the Airport across the highway, to the south near or on Buttermilk Ski Area, and possibly closer to the City of Aspen. This is a key stakeholder involvement item that the Airport and AAB will work on with the community.
Provide Near Real-time Display of Flight Tracks and Noise for Community Access and Noise Complaint Management. BridgeNet’s Volans application displays near real-time flight tracking and noise data in 3D for airports. This display can also show historic data for the prior six months, which can be made available to the public or for internal Airport use. Airports that use public-facing flight track displays allow their communities to self-investigate.
Enhanced Data Reporting. Aircraft operational and noise measurement results data can be made available through the Airport’s website to provide both internal and public facing information on the operations, noise, and Fly Quiet results. This data-rich reporting can be easily accessed and manipulated by the public through dashboard reports as shown in the figure below.
FLY QUIET ENHANCEMENT OPTIONSThe Fly Quiet Program can be updated to provide additional measures of interest to the community and operators. It is important that it includes measures that the public views as valuable, and that the operator has the ability to influence improvements. Note that these measures can be combined into a scaling system that can be tracked not only by operator, but the airport. These updates can support the AAB’s commitment to reduce noise by 30 percent, which will take a multi-pronged approach beyond the current DNL measurement. This approach can be discussed with the AAB to determine the metrics and associated reporting criteria. Below is a list of possible measures to track and report.
Fleet Noise Quality and Bonus for operating the quietest fleet available
High noise events at multiple noise monitoring locations
Runway 33 arrival usage
Noise Contour size or values from DNL
Supplemental Metrics such as Daytime LEQ
Number of times per day/minutes (NA) per day aircraft noise is above identified threshold
Fly Quiet Commitments to minimizing use of APUs
15E. Proposed Approach
Volans 3D Flight Track Example – Aspen/Pitkin County Airport
Aspen/Pitkin County Airport Daily Operations by Month, June 2023
bocc.con.074.24 Exhibit B - M&H Qualifications
Fleet Noise Quality. The Fleet Noise Quality tracks the noise from each type of corporate jet based upon its certificated noise level in CFR 14 Part 36. The consulting team will continue to track this measure as part of the Fly Quiet Program. The data, shown in the figure below, tells a story of a quieter fleet year-over-year at Aspen, with an overall improvement of 40 percent since 2000.
Generate DNL and Supplemental Contour. Currently, each annual report presents the FAA required DNL noise contour for the calendar year. This metric assumes operations occurring 24 hours a day with a 10 dB addition to every operation occurring between 10:00 PM and 7:00 AM and is an annual average cumulative noise level. However, ASE has a mandatory curfew pursuant to Congressional mandate between 11:00 PM and 7:00 AM, which is not accurately reflected by the DNL metric. The Equivalent Sound Level (LEQ) metric is also an annual average cumulative noise level, and is used to represent periods of time important to the community, such as a school day or a day that does not include curfew hours when aircraft do not fly. It may be desirable to use a 16-hour LEQ that may more accurately predict the annual average noise. This can easily be incorporated into the annual report along with the traditional DNL contour, with an accompanying write up of the modeled differences between the two metrics. The DNL metric is important since it is the metric FAA uses to determine land use compatibility, which will help the Airport to anticipate when compatibility could become an FAA-recognized issue to address. An example showing the 2022 DNL and LEQ Daytime noise level is shown below.
Number of High Noise Events. In 2022, the noise monitor at Woody Creek was converted from a temporary, biannual site to a permanent noise monitoring site that records year-round. As noted above, one of the Fly Quiet categories is High Noise Events, and the current Program identifies any aircraft event at the Woody Creek monitoring site that measures over 85 dBA to be a high noise event. These events are tallied and the operators of these events are identified in the annual report. As the aircraft fleet at ASE has become quieter, our team reviewed the High Noise Event limit and determined it should be reduced from 90 dB to 85 dB; we anticipate as aircraft noise continues to decrease over time, the limit will be reduced even more. We understand that the AAB and the community has an interest in knowing how many total events are above the threshold, not just the operators that caused those events. We propose adding a column that shows the total number of events for each reporting year along with the highest event recorded.
16E. Proposed Approach
Fleet Noise Quality at Aspen and Comparison to Other Airports, 2000 -2023
2022 DNL/LEQ Noise Contours
bocc.con.074.24 Exhibit B - M&H Qualifications
FLY QUIET COMMUNICATION ENHANCEMENT OPTIONSOne of the most important parts of a Fly Quiet Program is the communication plan to show the efforts and achievements of the program, and to provide timely information to operators so that they can make changes and improvements to their score. Below is a list of optional enhancement measures.
Timely Publication of Fly Quiet statistics, operations, and noise results on Airport website (monthly,
quarterly to align with AAB updates)
Update Program Brochure
Fly Quiet Communications Plan information
Near Real-time reporting of results
Communication plan with the lowest scoring operators
Publication of highest scoring operators
Additional details described in subsequent paragraphs
Updated Communications Plan. As our Team implemented Fly Quiet Programs across the US, a key component is communication with the community, operators, and airport boards. Creating a dynamic communications plan will be an integral piece of the Fly Quiet Program refresh at ASE. An updated communications plan will convey revisions to the program, including potentially updated metrics, scoring criteria and reporting. The communications plan would include a Fly Quiet Program brochure, video messaging for distribution at the Fixed Base Operator (FBO) and on social media platforms, and a yearly report. Each of the items listed below have been implemented by our Team in other Fly Quiet Programs.
A refreshed Fly Quiet Program communications plan could include:
Updated name to reflect priorities and goals of the Board, AAB, and Airport
New logo and graphics to match the Airport’s branding
Posters and flyers for distribution at the FBO and sent electronically to operators
Updated Fly Quiet Program messaging on the Airport website
Video messaging to play in the FBO and posted on the Airport, FBO, City, and County social media
platforms
Certificates for top operators to be mailed
Letters to the operators that scored the lowest to show how they can improve
Publication-ready graphics to showcase top operators to be published in local and industry trade
outlets
Reporting Results. As part of the overall communications plan, the annual report would also be refreshed and include quarterly reporting results presented to the Board of County Commissioners (BOCC) and AAB and emailed to the operators. In the past, results of Aspen’s Fly Quiet Program were reported annually after the winter seasonal measurement sequence. It may be more desirable to present a quarterly summary for each calendar quarter to both the AAB and the BOCC to identity trends along with an annual report. The meetings would be advertised as open to the public and would specifically address Fly Quiet results and issues to provide the public an opportunity to comment.
17E. Proposed Approach
bocc.con.074.24 Exhibit B - M&H Qualifications
The results can be published both locally and nationally in various trade publications and newsletters. In addition, a “score card” for each poor performer can be prepared and sent to the lowest scoring operators explaining why they scored low and how to improve their scores in the future. Congratulatory letters can also be sent to the highest scoring operators letting them know the community appreciates their efforts and looks forward to their continued top scoring performance. The interactive report for SNA is shown below.
18E. Proposed Approach
John Wayne Airport Fly Friendly Interactive Dashboard Report, 2023
bocc.con.074.24 Exhibit B - M&H Qualifications
19
F. Ability and Commitment
to Complete Projects
F. Ability and Commitment to Complete Projects
F. Ability and Commitment
to Complete Projects
The best projects depend on our commitment to provide sustainable, resilient, and inclusive solutions. Your visioning goals are front and center as we work with you to plan for your future Noise Monitoring and Consultative Environmental Services. We provide a dynamic and consistent management Team with dedicated experts that are excited to continue working collaboratively with ASE Airport staff. With the Mead & Hunt team, ASE has a wealth of advantages, including:
UNPARALLELED, EXPERIENCED PERSONNEL AND RESOURCES Our Team includes Jen Wolchansky, Environmental and Sustainability Lead at Mead & Hunt, who will serve as your Project Manager, but has worked on both noise and sustainability programs at ASE for nearly 10 years; Ryk Dunkelberg, National Practice Leader for Aviation Planning and Environment, will assist Jen as Project Strategic Advisor and who has served as Project Principle responsible for all the noise services as ASE for the previous twenty years; Paul Dunholter and Cindy Gibbs of BridgeNet International will be responsible for noise monitoring programs, noise modeling efforts, and noise reduction strategies. BridgeNet has provided noise monitoring, modeling, and reduction services to ASE for 20 years. Bernard Barry of Barry Technologies, a certified DBE, will provide noise monitoring services. We have unmatched resources who are familiar with employing innovative strategies to efficiently and competently complete your project.
HISTORY OF SUCCESSFULLY SERVING ASEWe are proud to have served ASE for over 40 years, initially as Barnard Dunkelberg & Company, providing professional environmental, sustainability, and planning services, including noise analysis and evaluation, emissions inventories, a Sustainability Construction Management Plan, Airport Master Plans, and NEPA environmental assessments. We understand your need for a responsive team that has a strong understanding of the local environment, your community, and your desire to limit your environmental footprint by achieving the Common Ground Goal of reducing noise by at least 30 percent by 2030. As part of our previous work, we have a proven history of delivering on time, high quality, and within budget and have a track record of meeting each challenge that has arisen.
COHESIVENESS WITH OTHER PROJECTSWe know that ASE is currently working on its Airport Layout Plan (ALP) which will guide future development at the Airport. The placement of physical barriers, either stand-alone or as a consequence of other physical features, can help reduce noise and the ALP should reflect such opportunities. Further, having re-selected Atlantic Aviation as the FBO, the airport is looking to enhance SAF availability, electrification, and other sustainable measures, as feasible. In addition to the sustainability issues the FBO will be involved in, they will also have an important role to play in encouraging aircraft ground noise reduction and in promoting the enhanced Fly Quiet Program. We believe it is important to understand how aircraft noise reduction strategies will fit within the larger context of an airport program.
bocc.con.074.24 Exhibit B - M&H Qualifications
Our team is skilled in working on projects that have complicated, interconnected elements, which comes with the challenge of aligning goals and strategies with the larger picture.
STRONG RELATIONSHIPS AND REPUTATIONOne of the key benefits our team provides is a nationwide reputation for getting the job done accurately and under extremely demanding schedules. Part of our success stems from our extensive expertise in completing projects at airports across the country, as well as our ability to build relationships with key stakeholders. As can be seen in this submittal, our team has extensive experience in a variety of aircraft noise related projects at airports of all sizes, including international airports. Noise reduction and management at international airports is at the forefront of their priorities and they are ahead of US airports in their approaches to noise reduction. We bring that experience and knowledge concerning what can be adopted at ASE within our regulatory environment.
COMMITMENT OF OUR KEY STAFF We are committed to the availability of the key personnel identified in this proposal to provide services for the duration of the contract. A number of our Team’s personnel have worked at ASE over the last 40 years, and we are both personally and professionally committed to this contract and serving the Airport. Our staff has been on-hand and ready to assist ASE with whatever needs arise, at any time, and it would be our pleasure to continue providing this support to you.
We look forward to leveraging our deep understanding of your history, environment, and community to continue serving as your noise consulting team. We will work as an extension of your staff to manage a program to monitor and model aircraft noise levels, identify customized noise reduction strategies for ASE, and align our resources to make progress on attaining your goals. Our Team is dedicated to challenging ourselves to push the envelope, ask hard questions, and work with you to produce innovative solutions.
We look forward to
leveraging our deep
understanding of your
history, environment,
and community to
continue serving as your
noise consulting team.
20F. Ability and Commitment to Complete Projects
bocc.con.074.24 Exhibit B - M&H Qualifications
21
G. Familiarity with Similar
Services in Similar Airports
G. Familiarity with Similar Services in Similar Airports
Our Team has provided innovative acoustic, outreach, and sustainability services not only to ASE, but at airports worldwide. Mead & Hunt and BridgeNet International have collectively and separately been creating and managing Fly Quiet programs for over 25 years. Our depth and breadth of experience give us perspective in solving issues critical to the continued success of ASE. The following is a list of key airports and airspace operators that reflect our relevant experience in the last ten years, in addition to ASE.
Jackson Hole Airport (Mead & Hunt and BridgeNet developed and currently implementing)
Chicago O’Hare International Airport (BridgeNet developed and currently providing support services)
San Francisco International Airport (BridgeNet developed and handed over to airport with occasional
support)
Port Authority of New York and New Jersey for Teterboro, La Guardia, Kennedy, and Newark Airports
(BridgeNet currently developing for launch in 2024)
San Diego International Airport (Mead & Hunt and BridgeNet conducted a Part 150 Study and Fly Quiet
Program)
John Wayne Airport (BridgeNet developed and currently providing support services)
Expertise in Fly Quiet Programs requires a specialized skill far above standard acoustical consultancy. At a minimum, it requires an understanding of acoustics, aircraft noise, 14 CFR Part 36 noise certification, noise monitoring systems, flight procedures, aircraft types, community engagement, and radar data. Beyond that, it requires an understanding of how to process this data to properly tune an incentive program for airlines and operators, and how to deploy software to automate the data collection, processing, and reporting of the results. It also requires a depth of experience in talking with airports, airlines, operators, and round tables to figure out the program that best suits the unique needs of each airport.
What it means to “fly quiet” is different at every airport. The Mead & Hunt Team understands what data and parameters make the most sense at different airports, based on fleet mixes, runway use, noise monitor locations, noise preferential routes, operator input, community input, and many other factors. We not only understand the science behind creating a Fly Quiet Program, but the art in making it work to the satisfaction of both the Airport and the operators that will be scored in the system. Our 40 years of experience at ASE affords us an unparalleled understanding of your surroundings and your community goals.
Our Team represents innovators in Fly Quiet programs across the country. BridgeNet was party to the development of what we believe to be the first Fly Quiet Programs at San Francisco International Airport (SFO) and ORD. Now, with the Fly Quiet Tool Kit, there is an ability to have near real-time reporting of results. This was first introduced at JAC and is now being built into SNA and ORD. With our Fly Quiet Tool Kit, we bring new levels of automation, John Wayne Fly Friendly Operator Tool Kit Cover
bocc.con.074.24 Exhibit B - M&H Qualifications
22G. Familiarity with Similar Services in Similar Airports
customization, and real-time updates unavailable in other systems. Most programs use Excel files that are updated only at the end of the reporting period. BridgeNet software automatically updates our web-based data analytics reports that can be generated as soon as the raw data is available. BridgeNet is a software development company, as well as an airport acoustical consultant, allowing for unprecedented levels of automation, reporting, and graphics to make the Fly Quiet Program function successfully. We look forward to bringing the functionality of the Fly Quiet Tool Kit to ASE.
BridgeNet is currently implementing the Fly Quiet Tool Kit at John Wayne Airport. The Airport needed to develop a Fly Quiet Program at a very rapid pace, as directed by the County government that owns the airport. The airport chose BridgeNet's Tool Kit, instead of turning to standard acoustical consultants, because they realized the modern innovations inherent in the Tool Kit system provided the best possible solution and rapid deployment, with superior web reporting, graphics, and near real-time updates.
Most recently, BridgeNet was awarded the Fly Quiet Program for the PANYNJ to create new Fly Quiet Programs for LGA, EWR, and JFK and to refresh the existing Fly Quiet Program at TEB. This large-scale project to create three new Fly Quiet Programs and refresh an existing Fly Quiet Program is the largest launch to-date in the US.
Client Airport Category BridgeNet's Role Benefits Resulting from BridgeNet's Work
San Francisco International Airport (SFO)Large-Hub Developed, deployed, and administered FQP, then turned over administration to the airport.
SFO is an international hub; along with ORD, BridgeNet created one of the first FQPs that became the model for others.
Chicago O'Hare International Airport (ORD)
Large-Hub
Developed, deployed, and administered Fly Quiet Program. Continue to support Fly Quiet Program for ORD’s needs. Currently undergoing a major revision using BridgeNet’s Fly Quiet Tool Kit.
Update of an original Fly Quiet Program with our new Fly Quiet Program Tool Kit to focus specifically on night operations.
San Diego International Airport (SAN)Medium-Hub BridgeNet developed, deployed, and administered Fly Quiet Program, then turned over administration to the airport.
SAN is a medium-hub that is very constrained by residential development; we built an FQP specific to SAN operations.
John Wayne Airport-Orange County (SNA)
Medium-Hub with significant GA
Developing, deploying, and administering Fly Quiet Program for GA Operations. Installed ADS-B antenna to circumvent LADD-blocked aircraft in ANOMS data. Worked with airport, commission, Board of Supervisors, and others. Launched in 2022 for GA, adding commercial operations within same program anticipated in 2023/2024.
New program initiated this year and using the latest best practices for flying quietly, sustainability, and with robust community engagement.
Jackson Hole Airport (JAC)
Both commercial and GA
Developed, deployed, and administered Fly Quiet Program for both commercial flights and general aviation jets. Continue to support and refresh Fly Quiet Program for JAC’s needs using Fly Quiet Tool Kit.
Real-time features of Tool Kit used to work with operators to improve their score and to promote the results to interested parties.
Aspen/Pitkin County Airport (ASE)
Both commercial and GA
Developed, deployed, and administered Fly Quiet Program for general aviation jets. Continue to support and refresh Fly Quiet Program for ASE’s needs.
Commercial service airport with a large business jet contingent; we built the Fly Quiet Program with those specific needs in mind.
Port Authority of New York and New Jersey (PANYNJ)
Medium & Large Hubs, GA
Developing, deploying, and administering Fly Quiet Program for four airports EWR, LGA, JFK, and TEB.
Three new programs, one refresh using the latest best practices for flying quietly, including extensive airline and airport roundtable outreach.
bocc.con.074.24 Exhibit B - M&H Qualifications
23
H. Subconsultants
H. Subconsultants
BridgeNet International (BridgeNet) was founded in 1996 and has 27 years of experience in Fly Quiet programs, noise monitoring systems, airport acoustical consulting, flight tracking systems, community engagement for airport noise, noise contour modeling, and software/IT related to air traffic and its environmental impact. BridgeNet created two of the first Fly Quiet programs for San Francisco and Chicago International Airports and continues to be a leader in this field. With their acquisition by Tetra Tech in 2016, they have greatly expanded their capabilities in aviation and environmental expertise, leveraging the resources of the larger company.
BridgeNet has consulted for hundreds of clients, including airports and air navigation service providers all over the world. BridgeNet is the primary consultant to the FAA for its air traffic division’s outreach programs, where they have generated hundreds of graphics and videos, managed and run dozens of outreach workshops (both in person and virtual), and are responsible for helping manage the FAA’s outreach messaging. On each of these projects, BridgeNet works with not only the local airports, but also key industry representatives of each of the major airlines throughout the country. Role: Noise Modeling, Program Strategy Development and, Noise Reduction Strategies and Programs
Specializing in Aircraft Noise Measurement and Reporting, Barry Technologies, Inc. (BTI) was founded in January 2001 to provide noise mitigation consulting services. Since its formation, BTI has provided noise monitoring and comprehensive reporting services for the City of Chicago Department of Aviation School Sound Insulation Program, including more than 64 schools, resulting in over $100 million in improvement funds received by schools around Chicago O’Hare and Midway Airports.
Building on the foundation of the City of Chicago as its key client, BTI has grown to provide noise measurement and reporting services for inclusion in Environmental Impact Statements, FAR Part 150 Noise Compatibility Studies, and Ground Run-Up Enclosure Acceptance Testing at airports throughout the United States, as well as provide noise measurement consulting services for projects involving highways, rail systems, heliports, government agencies, and private industries. BTI is a certified Minority Business Enterpirse/Disadvantage Business Enterprise firm. Role: Noise Monitoring
For ASE's Noise Monitoring and Consultative Environmental Services, we have included the following teaming partner with extensive experience in their respective discipline to compliment Mead & Hunt's extensive national staff.
bocc.con.074.24 Exhibit B - M&H Qualifications
Firm's Good Faith Efforts Meeting DBE Goals
At Mead & Hunt, we strive to be positive stewards in the AEC industry by using our years of experience and skilled employee base to mentor and share resources with growing firms. We pay special attention to those that are disadvantaged and desire to see them be able to independently thrive in the marketplace with equal opportunity and conditions. We recognize that our growth in the industry is dependent upon the inclusion of a diverse team to capture targeted, innovative approaches. Mead & Hunt is dedicated to providing continuity of services with the goals set by the United States Department of Transportation DBE Program and the Colorado Unified Certification Program (UCP) for the utilization of DBEs as required by the regulations of DOT 49 CFR Part 26 and 49 CFR 26.53.
DBE GOAL ACHIEVEMENTMead & Hunt has a long history of working with a variety of DBE firms who can provide a broad range of services for any given project. We have worked with many of these firms long enough to build strong relationships, resulting in a comfort level with the service they provide that transcends their status of being a DBE. Mead & Hunt regularly participates in workshops for DBE development. Some examples of DBE goal achievements on similar contracts are shown in the matrix below.
We understand a goal for this program has not been specified yet, but given our DBE partner (Barry Technologies) and the key importance of their skills to our work, we are committed to meeting and exceeding Pitkin County’s expectations in this area. Our commitment is reflected in our past work and in our team for this opportunity. The formation of the team was organic and is a reflection of the fact that we have identified the value in diversity of demographics, disciplines, and desires. We seek to empower the next generation of diverse leadership within the Aspen community through dedication to shared prosperity.
CLIENT PROJECT
DBE
GOAL
MET/
EXCEEDED
Detroit Metropolitan Wayne County Airport Part 150 Study 20%Exceeded (20.1%)
Cuyahoga County Airport
Environmental Assessment for Runway Extension and Engineered Material Arresting System
10%Exceeded (12.62%)
Denver International Airport On-Call Environmental Planning 15%Exceeded (16%)
24H. Subconsultants
bocc.con.074.24 Exhibit B - M&H Qualifications
RFQ #: 211.23 Budget Line Item #: FAA & Airport General Funding
12
QUALIFICATIONS FORM
From:
Phone:
E-mail:
To: NOISE MONITORING & CONSULTATIVE SERVICES FOR THE ASPEN/PITKIN COUNTY AIRPORT
0233 E Airport Road
Aspen, CO 81611
Response Time: 2:00 PM MT
Response Date: September 26, 2023
Pursuant to a request by the Pitkin County Commissioners, the undersigned Respondent,
having examined this Request for Qualifications (RFQ), including the site of the proposed
Service and being familiar with existing conditions including the availability of materials and labor, hereby proposes to furnish all labor, materials, supplies, applicable permits, services and supervision required to perform the Services as detailed in this RFQ.
Description:
Statement and Approach to Service:
Qualifications of Respondent:
Please insert names address, phone numbers and description of similar Service for Reference
Checks.
Mead & Hunt, Inc.
Jen Wolchansky999 18th St, Suite 2300S Denver, CO 80202303-483-2819Jen.Wolchansky@meadhunt.com
Noise Monitoring & Consultative Services for the Aspen/Pitkin County Airport, RFQ #211.23
We will work as an extension of your staff to support you in developing and managing your noise program and to identify noise-reduction strategies tailored to Aspen/Pitkin County Airport. We are committed to the availability of the key personnel identified in this SOQ and are dedicated to supporting you to the best of
our abilities.
Attachments
bocc.con.074.24 Exhibit B - M&H Qualifications
RFQ #: 211.23 Budget Line Item #: FAA & Airport General Funding
13
1.
2.
3.
QUALIFICATIONS OF PERSONNEL
Please list assigned personnel and their qualifications:
Personnel #1.________________________________________________
Qualifications:
List of similar Service performed:
Reference Name, & Phone Number:
Personnel #2.________________________________________________
Qualifications:
List of similar Service performed:
Reference Name, & Phone Number:
Personnel #3.________________________________________________
Jen Wolchansky, AICP, ENV SP
Ryk Dunkelberg, Esq.
Paul Dunholter
Jen has provided environmental and sustainability planning services for over 30 airports across the US, managing many of these program efforts. Her leadership in the industry as former
ACC Planning and Environmental Chair and current Chair of TRB’s Aviation Sustainability and Climate Committee demonstrates her expertise and commitment to sustainability in the aviation industry.
Greenhouse Gas Inventories, Emissions Analysis. Emission Reduction Strategies, Sustainability Planning, Climate Action Planning, and Net Zero Roadmaps.
Dustin Havel, Jackson Hole Airport, Assistant Airport Director – Operations, 307-413-1532
John Parrott, Director, King County International Airport
Perimeter Road South, Seattle, WA 98108 | 206-419-8179Description of Service: CFR Part 150 Study
John Johansen, Assistant Director, Ted Stevens Anchorage International Airport
P.O. Box 196960, Anchorage, AK 99519 | 907-266-2709Description of Service: FAR Part 150 Noise Study Update
Aaron Burkes, Executive Director, Northwest Arkansas National Airport,
1 Airport Blvd., Suite 100, Bentonville, AR 72713 | 479-205-1435Description of Service: On-call Environmental and Planning services
Bob McLaurin, Jackson Hole Airport, Former President,
307-413-3483
Ryk has been responsible for over 45 CFR Part 150 studies and noise exposure map (NEM) updates and numerous NEPA documents of all sizes. He is responsible for the
administration and management of complex environmental and planning programs.
Sustainability Studies, Fly Quiet Programs, Airport Master Planning Studies, Site Evaluation And Selection Studies, CFR Part 150 Studies,
Environmental Assessments and Impact Statements, and Airport Resource Planning and Analysis.
bocc.con.074.24 Exhibit B - M&H Qualifications
RFQ #: 211.23 Budget Line Item #: FAA & Airport General Funding
14
Qualifications:
List of similar Service performed:
Reference Name, & Phone Number:
It is further understood that the right is reserved by the County to reject any and all Statements
of Qualifications.
The Respondent acknowledges receipt of Addenda Nos. .
The right is reserved to waive any informalities and to reject any Statement of
Qualifications.
Dated this day of , 2023
(Corporate seal) RESPONDENT:
SIGNATURES: If the Response is being submitted by a Corporation, the Respondent 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 Response is being
submitted by an individual or a partnership, the Response shall so indicate and be properly
signed.
Corporate Address: 2440 Deming Way, Middleton, Wisconsin 53562
State of Incorporation: Wisconsin
Brad Rolf, PE Vice President Berry Still, PE Secretary
Acoustic subject matter expert with 40 years of experience in aviation acoustic
analysis and mitigation. Conducted noise monitoring, analysis, and recommended mitigation
strategies at ASE. Part of team that launched and maintained the Fly Quiet Program at ASE.
Jackson Hole Airport (JAC) Fly Quiet Program launch
team and ongoing support, JAC noise and operations monitoring system manager, San
Francisco International Airport On-Call Acoustic Consultant, Port Authority of New York
and New Jersey Fly Quiet Program launch.
Eric Freed, Deputy Airport Director, John Wayne Airport, 949-252-5043
26 September
N/A
bocc.con.074.24 Exhibit B - M&H Qualifications
ASE
bocc.con.074.24 Exhibit B - M&H Qualifications
Certificate Of Completion
Envelope Id: 240EAE37B7694718BF6B89C300FA9969 Status: Completed
Subject: Mead & Hunt, Inc. | Pitkin County MSA 074.24 for Review and Signature
Source Envelope:
Document Pages: 104 Signatures: 5 Envelope Originator:
Certificate Pages: 5 Initials: 0 Pitkin County Procurement
AutoNav: Enabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
530 East Main Street
Suite 203
Aspen, CO 81611
Procurement@PitkinCounty.com
IP Address: 65.38.144.66
Record Tracking
Status: Original
2/14/2024 11:16:49 AM
Holder: Pitkin County Procurement
Procurement@PitkinCounty.com
Location: DocuSign
Signer Events Signature Timestamp
Dan Bartholomew
dan.bartholomew@aspenairport.com
Airport Director
Aspen/Pitkin County Airport
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 73.153.241.160
Sent: 2/14/2024 11:23:44 AM
Viewed: 2/15/2024 10:18:45 PM
Signed: 2/15/2024 10:19:11 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ryk Dunkelberg
Ryk.Dunkelberg@meadhunt.com
Vice President
Security Level: Email, Account Authentication
(None)Signature Adoption: Drawn on Device
Using IP Address: 162.194.222.159
Sent: 2/15/2024 10:19:14 PM
Viewed: 2/16/2024 10:55:02 AM
Signed: 2/16/2024 10:55:47 AM
Electronic Record and Signature Disclosure:
Accepted: 2/16/2024 10:59:13 AM
ID: 1655dc9e-5983-4ead-8c9f-4b21717b807a
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: 2/16/2024 10:55:50 AM
Viewed: 2/16/2024 1:27:56 PM
Signed: 2/16/2024 1:29:03 PM
Electronic Record and Signature Disclosure:
Accepted: 2/16/2024 1:30:34 PM
ID: 19f7e6ae-9c82-4752-b461-eda5cbd32270
Company Name: Pitkin County, Colorado
Rich Englehart
rich.englehart@pitkincounty.com
Deputy County Manager
Pitkin County
Signing Group: County Manager Group
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.103.36.129
Sent: 2/16/2024 1:29:06 PM
Viewed: 2/20/2024 9:32:36 AM
Signed: 2/20/2024 9:32:47 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Pitkin County Procurement
procurement@pitkincounty.com
Procurement Specialist
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 2/20/2024 9:32:50 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Diane Jackson
diane.jackson@aspenairport.com
Security Level: Email, Account Authentication
(None)
Sent: 2/20/2024 9:32:51 AM
Electronic Record and Signature Disclosure:
Accepted: 1/16/2024 10:18:22 AM
ID: 05dd2299-7827-45bb-97f2-acedd55468cb
Company Name: Pitkin County, Colorado
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 2/14/2024 11:23:44 AM
Certified Delivered Security Checked 2/20/2024 9:32:36 AM
Signing Complete Security Checked 2/20/2024 9:32:47 AM
Completed Security Checked 2/20/2024 9:32:51 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide
you with certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically when we send you documents for
electronic signature.
Acknowledging your Access, Intent, and Consent to Receive and Sign Materials
Electronically
To confirm that you can access this information electronically, which will be similar to other
electronic notices and disclosures that we will provide to you, please verify that you were able to
read this electronic disclosure and that you also were able to print on paper or electronically save
this page for your future reference and access or that you were able to e-mail this disclosure and
consent to an address where you will be able to print on paper or save it for your future reference
and access. Further, if you consent to receive notices and disclosures exclusively in electronic
format on the terms and conditions described above, please let us know by clicking the 'I agree'
button below.
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: Ryk Dunkelberg, Richard Neiley, Diane Jackson
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.