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Home My WebLink About20193745.tiffAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & CLARION ASSOCIATES, INC. FOR PLANNING & ENGINEERING CONSULTING SERVICES THIS AGREEMENT is made and entered into this 9th day of September, 2019, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Clarion Associates, Inc., a limited liability company, whose address is 1600 Stout Street, Suite 1700, Denver, Colorado 80202, hereinafter referred to as "Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement; and WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Proposal (RFP) as set forth in B1900119. The RFP contains all of the specific requirements of County. Exhibit B consists of Contract Professional's Response to County's Request for Proposal. The Response confirms Contract Professional's obligations under this Agreement. 2. Service or Work. Contract Professional agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project described in Exhibit A which is attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on attached Exhibits A and B. Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contract Professional's completion of the responsibilities described in Exhibit A. Both parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify T/4e/ IrP) 9-9-020/q- 4-1 -161 ao/9-3915 'a ��rm LaY73 Contract Professional if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract Professional the right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contract Professional provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient; and, Contract Professional shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than $121,846.00, which is the bid set forth in Exhibit B. Contract Professional acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Planning Services, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any 2 work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contract Professional was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contract Professional shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contract Professional hereunder and Contract Professional agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Mileage may be reimbursed if the provisions of Exhibit A permit such payment at the rate set forth in Exhibit B. Contract Professional shall not be paid any other expenses unless set forth in this Agreement. Payment to Contract Professional will be made only upon presentation of a proper claim by Contract Professional, itemizing services performed and, (if permitted under this Agreement), mileage expense incurred. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contract Professional in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by County. 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professional. Contract Professional shall not enter into any subcontractor agreements for the completion of this project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project. Contract Professional shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, by this Agreement, assumes toward County. County shall have the right (but not the 3 obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contract Professional and Contract Professional shall cooperate in such process. The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contract Professional is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contract Professional agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential infoiivation and of the restrictions imposed by this agreement. 11. Warranty. Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contract Professional of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contract Professional, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums 4 for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its 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 Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. 5 Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that 6 all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contract Professional hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contract Professional agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contract Professional, involving all matters and/or transactions related to this Agreement. The Contract Professional agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Planning Services, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract) shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contract Professional: Attn.: Director, Darcie White Address: 1600 Stout Street, Ste 1700 Address: Denver, CO 80202 E-mail: dwhite@clarionassociates.com 7 County: Name: Tom Parko Position: Planning Services Director Address: 1555 N. 17th Avenue Address: Greeley, CO 80631 E-mail: tparko@weldgov.com Facsimile: (970) 304-6498 Elizabeth Relford Deputy Director of Public Works 1111 H Street Greeley, CO 80631 erelford@weldgov.com (970) 304-6497 18. Compliance with Law. Contract Professional shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contract Professionals or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional's services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Contract Professional shall not engage in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly 8 reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional 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 or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contract Professional 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 with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8- 17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 9 31. Attorney Fees/Legal Costs. In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contract Professional acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 9th day of September, 2019. CONTRACT PROFESSIONAL: By: DIVA Wta , Date Name: Ni✓r.Re-kn11+1,iiC-- Title: V I ✓at el"' WELD CONTY` fl 't1 A11'EST: �/ JC Weld + i t Clerk to the BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORADO Deputy Cle to t e Bowl` Barbara Kirkmeyer, hair 10 EP 0 9 2019 °to/9- 314 AGREEMENT FOR PROFESSIONAL SERVICES - CLARION ASSOCIATES, INC. APPROVED AS TO SUBSTANCE: Elected Offi or Department Head — Planning Services rtment Head — Public Works A OVED ASc F NDING. Jo a Controller APPROVED AS TO FORM: County Attorney RFP # B1900119 Request for Proposals CONSULTING SERVICES FOR A DRAFT MASTER LAND USE PLAN MAP -AND TRANSPORTATION PLAN MODELING PART 1. -- PROJECT DESCRIPTION AND -SUBMITTAL PROCESS I. Purpose Weld County is seeking oroposals fr,•,m qualified vendors for consu]ting services to assist the Departments of Planning and Public Works in their efforts to update the Welo County Comprehensive Plan and Transportation Plan. The Weld County Comprehensive Plan currently does not contain e�ny maps and mainly consists of goals, policies, and strategies adpted in the Weld County Code (available online at www.weldqov.com) as Chapter 22. The current ;omp-ehensive Plan was adoptod in 2C04 with only minor revisions since then. The County anticipates updating these goals, policies, and strategies, but first wants to develop a draft master land use plan map primarily to indicate areas that may be appropriate for commercial and/or industrial development but also to include other land use categories. The County has recently adopted a major L pdate to its zoning regulations (Chapter 23 of the County Code — online version is not yet updated) and anticipates seeing more pr posed rezonings to cmmercia and industrial zones Than have been received in the past. (See www.weldgov.com/departments/planning and zoning/long-range planning for more information.) The Weld County 2035 Transportation Plan is also adopted in Code (see Chapter 8, Article VIII), but can be found in its entirety at the following website link: www.weldgov.com/departments/public works/transportation planning. he Public Works Department is updating to a 2045 plan in-house but requ i -es consultant services to update the traffic model p -rtion of the plan which is part of Chapter 5, Sections A B .n pages 62-67. Weld County is uniquely located within three different transportation planning regions, which include- two Metropolitan Planning Organizations (MPO's) and one rural Transportation Planning Region (TPR). Throe model would also assist with updating the County's roadway inventory, which can be found at the link above. Other documents that the consultant may find informative include the following: ® Weld County Population and Development Report (available at wvwv.weldgov.com/departments/planning and zoning/long-range planning) ® Weld County 2019 Budget, including the 2019 Strategic Plan (available at vvww.weldgov.com/departments/accounting/budget/2019 budget) flh Scope of Services The work scope will generally consist of planning and engineering services related to planning, traffic modeling. More specifically, the consultant will, with the help of C•;unty staff, produce a draft master land use plan for the unincorporated : rea of Weld County and perform transportatin modeling for three transportation planning regions. The pro:ect will involve the consultant attending several in -person meetings with staff, the Weld County Planning Commission, and the Board of County Commissioners (BOCC). More details follow below. As part f the proposal, please includ services. a cost/fee estimate with associat 11 d hours for all pro ssional A. Project Requirements The consultant will be expected to perform the following tasks and shall clearly demonstrate their knowledge and capabilities to perform the services described. Work is to be conducted in close coordination with County staff: Task 1: Consultant will be expected to develop a draft master land use plan map for the unincorporated areas of Weld County. The map will be an ESRI ArcMap (version 10.4 or later) shapefile and will indicate the general category of future land use for every unincorporated parcel in the County. The designations of the draft map will be based on discussions with County staff, the County Planning Commission, the BOCC, and factors including, but not limited to, current zoning and zoning intent statements, infrastructure such as roads, utilities, and railroads, municipal comprehensive plans, neighboring (adjacent) county plans, floodplains and other physical limitations on development, existing and approved land uses, etc. Some but not all of this data is available from County staff. The consultant will need to obtain additional data such as municipal future land use designations and special district infrastructure, where available. Input on future land use designations will also come from landowners, but the primary outreach to landowners is anticipated to occur after a draft map is available for review. Task 2: Consultant will update Weld County's 2035 Transportation Plan Model to 2045 numbers utilizing the DRCOG MPO model, the North Front Range MPO model, and growth factors for the U pper Front Range TPR. Task 3: Consultant will be required to attend meetings with Planning and Public Works staff, the P lanning Commission, and the BOCC. The approximate number of meetings that the consultant will be expected to attend includes: a. Up to four Planning Commission lunch worksessions. (These would occur on either the first or third Tuesday of the month from around 11:00 a.m. to 12:30 p.m. The meetings are open to the public, though attendance by the public is very rare.) b. Up to six BOCC worksessions. (These are typically less than an hour in length and occur between the hours of 8:00 a.m. and 5:00 p.m. The meetings are open to the public, though public input is not always taken. The Planning Commissioners will be invited to these meetings as well.) c. Meetings with County staff as needed. (Every other week from September to January or as necessary, typically between the hours of 8:00 a.m. and 5:00 p.m.) All of the above meetings are anticipated to occur at County offices in northeast Greeley. B. Project Schedule (Anticipated) A mandatory pre -proposal meeting for the interested consulting firms will be held on July 3152019 (11:30 a.m.) at the Weld County Events Center (Administration Building), located at 1150 O Street, Greeley, Colorado. • Pre -proposal meeting (mandatory) • Last Request for Proposal (RFP) questions due • Consultant proposals due • Consultant interviews (optional) & selection • Consultant contract award July 31, 2019 (11:30 a.m.) August 7, 2019 (5:00 p.m.) August 14, 2019 (10:00 a.m.) August 26, 2019 September 9, 2019 The project schedule currently anticipates the following milestones: at Draft master land use plan complete January 2, 2020 Revised draft master land use plan complete Transportation model complete January 23, 2020 January 27, 2020 III. Instructions to Consultants A. Submittal Requirements Qualified consultants interested in performing the work described in this request for proposals should submit the following information to the County in any order they choose. 1. Qualifications of your firm and staff proposed to perform the work on this project. 2. A list of similar projects completed in the last five years and references from at least three other projects with similar requirements that have involved the consultant staff proposed to work on this project. 3. An 11"x1 7" copy of a conceptual land use map produced by the consultant for a similar project. As part of the reference check process, the County may request copies of additional documentation completed. 4. A copy or sample of a previous transportation model produced by the consultant for a similar project. As part of the reference check process, the County may request copies of additional documentation completed. 5. A list of critical issues that the consultant considers to be of importance for the project. 6. Ideas or suggestions on how your firm can meet the proposed schedule. 7. A scope of work for the proposed work items required to complete the project, with corresponding work hours required to complete each task. 8. A statement of the Consultant's willingness to enter into the Weld County Standard Contract Agreement included as part of the RFP. (See attached.) 9. Limit the total length of your proposal to a maximum of 20 pages (excluding covers). Font size must be a minimum of 11 points. The County will reject proposals received that are longer than 20 pages and/or with font size less than 11 points. Submit a total of five paper copies of your proposal and one electronic copy (.pdf) on a disk or removable storage device. Proposals will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley, CO 80631 until: 10:00 a.m. Wednesday, August 14, 2019 (Weld County Purchasing Time Clock). Weld County reserves the right to reject any and/or all proposals, to further negotiate with the successful consultant and to waive informalities and minor irregularities in proposals received, and to accept any portion of the proposal if deemed to be in the best interest of Weld County to do so. The total cost of preparation and submission shall be borne by the consultant. All information submitted in response to this request for proposal is public after the Notice of Award has been issued. The consultant should not include as part of the proposal any information which they believe to be a trade secret or other privileged or confidential data. If the consultant wishes to include such material, then the material should be supplied under separate cover and identified as confidential. Entire proposals marked confidential will not be honored. Weld County will endeavor to keep that information confidential, separate and apart from the proposal subject to the provisions of the Colorado Open Records Act or order of court. B. Contacts Questions related to the submittal requirements and procedures should be directed to: Jim Flesher, Project Manager Evan Pinkham Weld County Planning Services Weld County Public Works (970) 400-3552 jflesherweldqov.com (970) 400-3727 epinkham©weldqov.com SEND OF PART 1J 3 PART 2 SELECT ON PROCESS IV. Selection Criteria and ethod The Weld County Purchasing Professional Services Selection (Best Value) process describes the consultant selection criteria and method. This document is available for review in the Weld County Code, Revenue and Finance, Chapter 5, online at www.co.weld.co.us. [Weld County Code Section 5-4-150 C.]A selection committee shall include Weld County Planning Services and Public Works representatives. Selection Criteria ( = est Value) Review and Assessment Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session, should there be one. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHT QUALIFICATION STANDARD I=AC. FOR 5.0 Scope of Proposal objectives, desired The proposal by the methodology clearly County. shows to an understanding be used, and final of results the that project are 5.0 Critical Issues proposal issues to those demonstrates associated issues. with the the firm project clearly understands and offers realistic the The major solutions 4.0 Project Control The firm has described their methods of controlling cost. 4.0 Location/Familiarity Work its Project members transportation team's have work demonstrated and location development relative familiarity issues. to Weld with County. Weld County Key team and 15.0 Cost and Work Hours the Are consistent all tasks the highest. cost, necessary with work the hours, and project goals? to successfully tasks The complete presented lowest the reasonable cost that project includes scores and [END OF PART 2J 4 PART 3 = P F FES VICE OG EE Ei' T AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & SELECTED COMPANY FOR PLANNING & ENGINEE I' ' NG CONSULTING SERVICES **(SAMPLE)** THIS AGREEMENT is made and entered into this day of , 2019, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and "Selected Company," [an individual], [a limited liability partnership] [a limited liability company] [a coy .oration], who whose address is hereinafter referred to as "Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Proposal (RFP) as set forth in B1900119. The RFP contains all of the specific requirements of County. Exhibit B consists of Contract Professional's Response to County's Request for Proposal. The Response confirms Contract Professional's obligations under this Agreement. 2. Service or Work. Contract Professional agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project described in Exhibit A which is attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on attached Exhibits A and B. Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional shall further be responsible for the timely completion and acknowledges 5 that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contract Professional's completion of the responsibilities described in Exhibit A. Both parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract Professional the right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contract Professional provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient; and, Contract Professional shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement 6 6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than $ which is the bid set forth in Exhibit B. Contract Professional acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contract Professional was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contract Professional shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contract Professional hereunder and Contract Professional agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Mileage may be reimbursed if the provisions of Exhibit A permit such payment at the rate set forth in Exhibit B. Contract Professional shall not be paid any other expenses unless set forth in this Agreement. Payment to Contract Professional will be made only upon presentation of a proper claim by Contract Professional, itemizing services performed and, (if permitted under this Agreement), mileage expense incurred. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contract Professional in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A 7 provide proof thereof when requested to do so by County. 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professional. Contract Professional shall not enter into any subcontractor agreements for the completion of this project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project. Contract Professional shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contract Professional and Contract Professional shall cooperate in such process. The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contract Professional is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contract Professional agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11e Warranty. Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12€ Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contract Professional of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contract Professional, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a 8 waiver of any other breach. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnifcation.Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers" compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof It is agreed that the Contract Professional will be 9 responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its 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 Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liabili assumed under the contract. Insurance shall include bodily injury, property damage, and liability $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved 10 by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of. Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contract Professional hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contract Professional agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contract Professional, involving all matters and/or transactions related to this Agreement. The Contract Professional agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or 11 (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contract Professional: Attn.: President, Address: Address: E-mail: Facsimile: With copy to: Name: Position: Address: Address: E-mail: Facsimile: County: Name: Tom Parko Position: Planning Services Director Address: 1555 N. 17th Avenue Address: Greeley, CO 80631 E-mail: tparkogweldgov.com Facsimile: (970) 304-6498 Elizabeth Relford Deputy Director of Public Works 1111 H Street Greeley, CO 80631 erelford@weldgov.com (970) 304-6497 18. Compliance with Law. Contract Professional shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contract Professionals or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. 12 Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional's services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Contract Professional shall not engage in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional 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 or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contract Professional 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 with Contract Professional 13 that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8- 17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 31. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf 32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 33. Official Engineering Publications: Contract Professional acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contract Professional under this Agreement, and that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Compensation. Acknowledgment. County and Contract Professional acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and 14 supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of _, 2019. CONTRACT PROFESSIONAL: By: Date Name: Title: WELD COUNTY: ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Barbara Kirkmeyer, Chair 15 WELD C NTY • S• Proposa or eld County RFP #81900119: Consulting Services for a -Draft Master Land Use Plan Map and Transportation Plan Modeling CLARION 1600 Stout Street Ste, 1700 Denver, CO 80202 www.clarionassociates.com TRANSPORTATION GROUP 11500 Metric Blvd. Bldg. M-1, Suite 150 Austin, TX 78758 www.alliance-transportation.com/ Photo Credit: REColorado CLARION August 12, 2019 Weld County Purchasing Department 1150 O Street, Room #107 Greeley, CO 80631 RE: RFP # B1900119 — Consulting Services for a Draft Master Land Use Plan Map and Transportation Plan Modeling On behalf of the Clarion Associates team, I am pleased to submit this response to your request for proposals. Clarion Associates is a national land -use consulting firm with offices in Denver, Colorado and Chapel Hill, North Carolina. Clarion is particularly known for its expertise in comprehensive planning, development regulations, and plan implementation. Clarion has successfully completed dozens of comprehensive plan and master plan projects throughout Colorado and across the country —for communities of all sizes. All of these efforts have required a land use plan component. Our partner on this effort is Alliance Transportation Group (ATG). ATG is a recognized leader in the design, development and application of state -of -the -practice and advanced -practice travel demand models (models) for county's, metropolitan planning organizations (MPOs) and State Departments of Transportation (DOTs). ATG has been successfully developing and applying state of the practice models across the country throughout its 21 -year history. ATG's experience includes designing and collecting Travel Surveys for Denver Regional Council of Governments (DRCOG) that were used to underpin their current travel demand model. Collectively, our team brings a strong understanding of land use and transportation dynamics in Weld County and along the Front Range. We recognize the inherent challenges in developing tools that are responsive to the unique needs of rural, suburban, and urbanized areas —and bring a strong a commitment to working with the County to develop tailored approach that best fits your needs. We would be willing to enter into the Weld County Standard Contract Agreement included as part of the RFP. Please let me know if you have questions about any aspect of our proposed approach or need additional information. We would welcome the opportunity to speak with you further. Sincerely, Darcie White, AICP, Director 1. Firm Qualifications and Project Team 1 2. Relevant Project Experience 3 3. Critical Issues 10 4. Proposed Scope of Work 11 5. Proposed Project Schedule 16 6. Proposed Project Budget 17 0 e Fir Ufic n S Clarion ,Jl ssi dates Clarion Associates is a national land -use consulting firm with offices in Denver, Colorado and Chapel Hill, North Carolina; and affiliate offices Philadelphia, and Cincinnati. Clarion is particularly known for its expertise in comprehensive planning, zoning and development standards, and plan implementation. We have expertise in a broad range of service areas including: ® Community and regional plans ® Plan implementation strategies • Citizen participation • Zoning and development codes • Sustainable community plans Historic preservation ® Growth management strategies for cities and regions Clarion's planning division was established in 2000. Since that time, we have successfully completed dozens of comprehensive plans and related planning studies as the lead firm. The vast majority of these projects have involved the coordination of multi -disciplinary teams and parallel planning efforts, and the integration of policies from related plans and studies. Clarion takes a "hands on" approach with all of its projects. Our ability to do this is supported by our emphasis on maintaining a relatively small, but highly skilled and efficient staff. a a 1' j 2I' ,Y .r . -� iJ . al --a ��,� .^, nr-"l. ,o A „i. I 11O -. J , �.—� //p- C s5 i'- \ ii I Yy I1 i ,!_, .. ti :. 1 iii ``� % '��i'.j �J �.� �yi {� f� t�i1 i �� E �� ii� '�\.,y .I c. l'a IJ 1 r Alliance Transportation Group, Inc. (ATG) is a recognized leader in the design, development and application of state -of -the -practice and advanced -practice travel demand models (models) for metropolitan planning organizations (MPOs) and State Departments of Transportation (DOTs). ATG has successfully led the design and development of several generation of both the Texas Statewide Analysis Model (SAM) and the Arkansas DOT Statewide TDM (AR TDM). These models include advance freight components that forecast freight tonnage based upon socioeconomic forecasts. ATG has also developed models for metropolitan areas across Texas, Oklahoma, Kansas, Arkansas, Louisiana, Alabama, Mississippi, Tennessee, and Kentucky. These models range from advanced implementations that include mode choice components estimated with local survey data, to three step models based upon borrowed data, but all were designed based upon the client's needs and constraints. Models are developed to serve a purpose, and ATG has substantial experience and expertise in the application of models for use in urban and statewide planning. ATG has used models to forecast traffic and ridership to support the entire project development process; from regional analyses and feasibility studies to operational analysis and project prioritization. ATG has recently completed travel demand modeling in support of transportation plans for the state of Arkansas, El Paso MPO, Bastrop and Williamson Counties in TX and the City of Killeen. We understand focus of transportation planning varies with the organization and due to geographical differences. Our planning staff uses a thoughtful, collaborative approach that balances multi -disciplinary technical analysis with community dialogue to explore issues and to formulate solutions. This approach results in technically superior products and allows stakeholders in the process to understand and take ownership of project outcomes. Weld County Consulting Services for a Draft Master Land Use Plan Map and Transportation Plan Modeling Tt r sa. xr Project Tarn Personnel' DARCIE VT -J77, A1, P (OVERALL PRO ECT M AGER) Darcie White, AICP will serve as the lead on the Master Land Use Plan Map and the overall project manager for the team. Ms. White is a Director with Clarion Associates, based in Denver, Colorado and leads the firm's nationwide planning practice. Ms. White has more than 20 years of professional experience in all aspects of plans and plan implementation. Since she joined Clarion Associates in 2000, she has worked on dozens of comprehensive plan projects in Colorado and across the country. Recent Front Range projects include comprehensive plan updates for Greeley, Fort Collins, Thornton, and Longmont, and the most recent update to DRCOG's Metro Vision Plan. SUNG HAN (PROJECT AS CI ATE/ I S A AI YST) Sung Han is an Associate in Clarion's Denver office. Sung will serve as the GIS lead on the development of the Master Land Use Plan Map. Since joining Clarion, Sung has worked on a variety of projects including comprehensive plan updates, neighborhood infill standards, targeted code amendments, and land development ordinance updates. Recent Front Range projects include comprehensive plan updates for Greeley, Fort Collins, and Thornton. MIKE CHANEY, MCP (MODELI G TASK LEAD) Mike Chaney, AICP, will serve as the lead modeler for this project. Mike has participated and managed multiple, complex travel demand modeling projects. He has 20 years of experience in transportation planning, and travel demand modeling. He was the project manager and principal architect of the Texas and the Arkansas statewide models, and project manager for the latest update of the CARTS TDM in Little Rock, Arkansas. He also led the traffic forecasting effort on the Grayson County, TX , Bastrop County, TX and Williamson County, TX Long Range Transportation Plans. JD ALLEN, AICP (PRI N C [IPA n JD Allen, AICP, is a professional transportation planner with more than 26 years of experience. He served as an MPO Director and Executive Director of a 5 -parish (county) regional planning commission. Since joining ATG in 2001 as Principal Planner, JD has led teams aiding MPOs, cities, counties/parishes, and transit providers throughout the U.S. He has managed and personally provided substantive technical contributions to numerous MTP updates that encompass all aspects of transportation planning including TDM updates and applications; transit analysis and plan development projects; large scale data collection efforts; and high -profile demographic updates. Weld County Consulting Services for a Draft Master Land Use Plan Map and Transportation Plan Modeling : 2 TIAN J J . %-` rnr+ / fir_ ..�.-a �S r- r{ a '—� � t .w^� � 1 �� O , AJ`C I�:.� , F',�NSlPOR .I A^�' N M � E Tian Huang, PE, PTOE, AICP, is a transportation engineer with advanced - practice expertise in statewide and urban travel demand modeling using both the TransCAD and CUBE software platforms. She has project experience in a broad range of transportation projects including regional multi -modal transportation systems plan (The Texas Transportation Plan), highway and transit corridor analyses (I-40 Toll Analysis), and multi -modal freight transport analysis. She has a strong background in discrete choice models and survey research and applications in mode choice, location choice, stated/revealed preference, and travel attitude studies. Tian has been heavily involved in the construction of the Texas and Arkansas Statewide Models that are based in TransCAD. BINBIN CHEN, AICP (TRANSPORTATION MODELER) Binbin Chen, AICP, is an experienced travel demand planner and modeler with more than 10 years of transportation planning and travel demand modeling experience. Since she joined ATG in 2008, Binbin has participated in in a broad range of transportation projects including statewide and urban travel demand model development, transit ridership forecast and alternative analysis, and multimodal freight transport analysis. Binbin also served as the deputy project manager for the development of the Permian -Basin Travel Demand Model and the fourth version of the Texas Statewide Analysis Model (SAM). ", Relevant Project Experience GREELEY, CO I COMPREHENSIVE PLAN Clarion Associates was retained by the City of Greeley to support City staff in their efforts to update the 2060 Comprehensive Plan —last updated in 2009. The plan u pdate was initiated in response to rapid growth and change in the community, and a desire to shift to a shorter planning horizon (from 50 to 20 years), streamline and improve the usability of the plan, and provide a greater focus on implementation. Throughout the Imagine Greeley process, Clarion worked collaboratively with City staff to assemble background and trends information; conduct a variety of workshops and web -based public input o pportunities designed to solicit input on key issues and opportunities, vision and core values, and overarching goals; and explore future growth scenarios. The outcomes of these input opportunities, as well as input received as part of staff facilitated working groups in five focus areas —growth and city form, housing access, economic health and diversification, livability, and public capital and operations planning were used to inform preparation of an updated policy framework that served as the foundation for the u pdated plan. A new Future Land Use Plan was also prepared as part of this effort, replacing the City's original concept map. i • E-, 41bA,l_S . • nR1S,x:Lf:C,,yjtz Rte- rec . • tow- EmEl Kitt Weld County Consulting Services for a Draft Master Land Use Plan Map and Transportation Plan Modeling CLARION I 3 The updated Comprehensive Plan was adopted unanimously by Greeley's City Council in February 2018. 4_9 rI ,J� l •^ 'ice. Preje r v • s •.IOv .• _ 'M17 • .I •_. :Q.V •6 Lt.. rit- e • v t0 • ' o • V e e .. . es- I td Darcie White, Project Manager Sung Han, Associate Completed: February 2018 ADA COUNTY, ]DAHO C‘„MPKEHE,i SWE Clarion Associates was retained by Ada County to lead Ada County 2025, a collaborative, joint planning process to update the Ada County Comprehensive Plan (last updated in 2007) and to develop a new Strategic Business Plan (led by local team member Kushlan I Associates). Ada County covers an area of roughly 1,060 square miles in southwestern Idaho and is the most populous county in the state, with an estimated 2013 population of 401,673. Recent projections by the Community Planning Association of Southwest Idaho suggest the population of the County could reach 674,000 people by 2040 — an increase of over 272,000 residents during the next 24 years. Much of this growth is projected to occur within one of the County's six municipalities (Boise, Meridian, Eagle, Garden City, and Star) and their associated Areas of City Impact. However, a key part of the Ada County 2025 process was based on the need to understand and plan more proactively for future growth countywide and the potential impacts of that growth not just on the physical form of the County, but on the County Organization and its ability to efficiently provide services to a growing and changing population. The Comprehensive Plan is organized around six focus areas: County Resources & Amenities, Coordinated Growth, Economic Capacity, Community Connections, Sustainable Practices & Resiliency, and Organizational Effectiveness. The Strategic Business plan is also organized around six focus areas, with a more specific focus on the function and operation of the County organization. The planning process included extensive opportunities for public input and collaboration with other regional organizations, as well as significant engagement of and collaboration with internal County stakeholders and departments. Components of the public participation strategy included a project website, internal and external stakeholder focus groups, policy summits on agriculture and open space and recreation, social media updates on Facebook and Twitter, forums with community leaders, and more traditional community meetings. The Comprehensive Plan was adopted by the Board of County Commissioners in November 2016. Reference Contact Information Brad Mueller, Community Development Director 1100 10th St #202 Greeley, CO 80631 970.350.9786 BradElueller@Greeleygov.com , AN UPDATE Focus Area County Peseta & Amenities Focus Area 4: Community Connections Focus Area 5: Sustainable Practices & Resiliency Project Team Darcie White, Project Manager Project Status Completed: November 2016 Focus Area 2; Coordinated Growth Focus Area 3; Economic Capacity ocus Area 6; Organizational Effectiveness Reference Contact Information Megan Leatherman, Director 200 W. Front Street, Boise, ID 83702 208.287.7900 mleatherman@adaweb.net We&d County Consulting Services for a Draft Master Land Use Plan Map and Transportation Plan Modeling t� n'y<icy .`r t F r P T COLL O S, COLORADO C i rf PLAN Clarion Associates led a multidisciplinary team that included Fehr & Peers, Economic and Planning Systems, Nelson Nygaard, MIG, and WSP in a major effort to update the City's Comprehensive Plan (City Plan), Transportation Master Plan, and Strategic Transit Plan. While not a comprehensive update of these documents, the process is focused on confirming the directions given in those plans with the community, streamlining the documents to be more user-friendly, and incorporating a range of new programs, goals, and efforts begun by the City of Fort Collins since the plans were last updated in 2011, including the City's ambitious goal to be carbon neutral by 2050. Following a robust analysis of trends and current conditions, a range of possible land use patterns project team, and explored with the community. and networks were analyzed by the transit Key issues explored as part of the process included: meeting the City's climate action goals, encouraging redevelopment, aligning transit investments with land use plans, addressing housing affordability, managing the impacts of growth on City services and infrastructure, and ensuring the City has an adequate amount of employment lands located in attractive areas to support its economic development goals, among others. The plan also includes a number of visuals and graphics, prepared by MIG, to illustrate the new land use categories, and to help residents understand the types of changes that might occur in their neighborhoods and elsewhere in the community in the future. The updated plan was unanimously adopted in April 2019. Project Team Darcie White, Project Manager Sung Han, Associate Project Completion: 2017 - Current t Reference Contact Information Ryan Mounce, City Planner 281 North College Fort Collins, CO 80524 970.224.6186 rmounce@fcgov.com Wield County Consulting Services for a Draft Master Land Use Plan Map and Transportation Plan Modeling 5 L i Y t i„ A 1 N V q CO I, t IX { J �� + L E , ,� J L IIII (7 \ il 114111 ��y "'333 � 9 t. t d � {rnt : �, � z.J s.i% a�1 ,-sc G1;$' N �: 1 Clarion Associates led a multidisciplinary team that included Economic and Planning Systems, Felsburg, Holt & Ullevig, and Urban Interactive Studio in a major effort to update and integrate the City's land use and transportation plans. The process included robust in person and online engagement opportunities, coordination with internal and external committees, and numerous work sessions with City Council and the Planning and Zoning Commission. Key issues driving the plan included the need to: define where and how future growth should occur; address the needs of an older, more diverse population; economic growth and diversification; and protect quality of life in the face of future growth. The plan's growth framework prioritizes infill and redevelopment and an integrated approach to land use and transportation. The implementation strategy outlines next steps to move the plan forward, which includes targeted code updates (currently underway), updates to the City's affordable housing policy, and alignment with the City's priority -based budgeting program. The plan was adopted unanimously by the planning commission in May 2016 and was unanimously accepted by the City Council in June 2016. The plan was recognized for Excellence in Master Planning as part of the APA Master Plan Standards for Sustaining Places Recognition Pilot Program, and was awarded a Merit Award for Sustainability by APA Colorado in 2017. Implementation of several priority strategies are currently underway. These include follow on work on an affordable housing strategy, alignment of the City's budgeting for outcomes process with the updated plan, and adoption of code updates to support the new growth framework. 0 . rl 1 !` `d F j14 (17—' e s3 Darcie White, Project Manager Completion: 2016 Reference Contact Information Erin Fosdick, Principal Planner 385 Kimbark Street Longmont, CO 80501 303.651.8336 Erin.fosdick@longmontcolorado.gov Weil County Consulting Services for a Draft Master Land Use Plan Map and Transportation Plan Modeling /"“• p W. > '§1k I 6 STATE OFTEXA 1 STS f R DE MLYrIS MODEL (SAM) VERSION 4 The Texas Statewide Analysis Model Version 4.0 (SAM -V4), is the fourth generation of this state of the practice multimodal statewide travel demand model. It provides multimodal travel forecasts and level -of - service performance measures for highway passenger and freight transport, intercity and high speed passenger rail ridership, freight rail tonnage, and forecasts of air passenger travel to and from Texas airports. The goals of the SAM -V4 update is to allow the SAM to produce data required typically required to support transportation planning in the state. In comparison to the SAM -V3, the SAM -V4 is designed to include the following major updates: • Use of standard TransCAD 8 interface • Development of improved demographic forecast methodology (2015, 2020, 2030, 2040, and 2045 demographic and socioeconomic data) • Enhanced passenger model: ® Apply destination choice model to selected trip purposes • Extend long distance passenger trip modelling to national level • Improved toll assignment flexibility • Updated freight model Alliance is the original developer of the SAM and has assisted TxDOT with several updates to keep abreast of current best practices, take advantage of emerging technology, and respond to new regulatory or analytical requirements. Aa • ft a.:�. Mike Chaney, Project Manager Tian Huang, Transportation Modeler Binbin Chen, Transportation Modeler Completion: 2018 Reference Contact Information Geena Maskey, Planner 512.486.5030 Geena.maskey@txdot.gov Weld County Consulting Services for a Draft Master Land Use Plan Map and Transportation Plan Modeling 61;:l: Ci lk 1tZte.r lams it � =3 5;4 •yd '1. t MIDLAND, TX PER LAN BASIN R• VEL DEMAND Alliance Transportation Group, Inc. (ATG), as a subconsultant, developed a travel demand model (TDM) for the Permian Basin Metropolitan Planning Organization (PBMPO). This Phase 2 effort included implementation of the model architecture designed in Phase 1 to develop the TDM, perform calibration and validation, and conduct user training. The model was designed to be similar to the TxDOT- TPP standard model interface, with modifications to accommodate specific needs of the PBMPO. Being similar to TPP's standard interface, the model remains easy to use, and allows the MPO to utilize the TxDOT- TPP help desk for model application questions. Specific enhancements to the model include a mode share procedure, intersection delay, time -of -day segmentation for the traffic assignment, and feedback of congestion times. The model was also customized to provide specific trip purpose data to account for the oil and gas truck trips related to oil field construction, operation, and maintenance. The oil and gas trip purpose was estimated from the MPO's commercial vehicle and workplace surveys. ODE. Project. Team Mike Chaney, Project Manager Binbin Chen, Transportation Modeler Tian Huang, Transportation Modeler Project Status Completion: 2017 I Reference Contact information Cameron Walker, Executive Director Permian Basin MPO 432.617.0129 cwalker@permianbasinmpo.com Weld County Consulting Services for a Draft Master Land Use Plan Map and Transportation Plan Modeling CIA i ON 8 MILE ROCK, AR J CARTS TRAVEL DEMAND MODEL rj On behalf of Metroplan, Alliance, in collaboration with Caliper Corporation, developed a new urban travel demand model (TDM) for the central Arkansas region, referred to as the Central Arkansas Regional Transportation Study (CARTS) TDM. The new CARTS TDM provides decision makers a picture of the future travel demand on the regional transportation system and provides information on how proposed transportation projects can address the identified needs of the region. Alliance developed the CARTS TDM using TransCAD's standard flowchart interface within TransCAD 8.0 to ensure the new model is modern and satisfies the objective of using best practice in model development while taking advantage of new features and functions. In addition to the enhanced interface, Alliance incorporated major updates to the roadway capacity procedure; included time -of -day modeling; applied destination choice for selected trip purposes; included non -motorized modes in the model choice model; improved the toll assignment routine; and improved automated reporting features that satisfy FAST Act performance goals and directly feed into EPA MOVES software. Alliance produced detailed development, validation, and user's guide reports to elicit confidence in the performance of the model, while providing ample detail on advanced practice procedures to ensure ease of use for future model users. The new CARTS TDM serves as a tool for use in the next Long -Range Plan update. The optimized performance of the model with enhanced functionality to the interface improves the model user experience to help build Metroplan staff capacity in travel demand modeling. Project Tea, Project Stags Mike Chaney, Project Manager JD Alen, Project Principal Michael Wagoner, Transportation Modeler Tian Huang, Transportation Modeler Completion: 2018 I Reference Contact Information Casey Covington, CARTS Study Director Metroplan 501.372.3300 ccovington@metroplan.org Welt County Consulting Services for a Draft Master Land Use Plan Map and Transportation Plan Modeling .� i L aster \�,�r3 )r L E Cz aril WA a .s.. Clarion understands that Weld County's desire to develop a draft master land use plan map for unincorporated areas of Weld County is driven by a desire to provide a more predictable —but still relatively flexible —decision -making tool. We also know from experience that moving from a policy - based approach to a map -based approach will require a clear methodology, careful documentation, and a high degree of transparency with property owners and elected officials about what "colors" on the map are being applied to different areas of Weld County, and why. Documenting existing land use conditions, recent development and permitting trends, rezoning applications, will be important to establish a visual depiction of what's on the ground today. Working through this process will also help shed light on broader policy considerations that the County may wish to (or need to) explore further as part of a subsequent comprehensive plan update —both in unincorporated areas, and within the growth areas of the diverse municipalities within the county. T r a n s p o il t o tn Plan Mo1 d \ 4j r "r;-1 Lam%' Project/Task Understanding. ATG understands that Weld County is in the process of updating their Transportation Plan and is seeking a qualified consultant to model forecast traffic in order to evaluate transportation needs for the County. The goal of the Weld County Transportation Plan is to define a transportation system that supports the community vision for mobility, economic competitiveness, and quality of life. The travel demand modeling (forecasting of traffic volumes) conducted in support of the plan should address a broad range of questions at different scales of analysis, ranging from evaluation and development of a strategy for how the County transportation system fits into the broader regional transportation system and infrastructure financing program, down to how individual neighborhoods, activity centers and proposed developments interact with the transportation system. The plan must also consider the multimodal nature of the transportation system, and how the system operates to accommodate everything from large trucks and passenger cars to individuals using transit, biking or walking to their destination. Understanding of Existing Model. Weld County is supported by two Metropolitan Planning Organization (MPO) travel demand models (models) that each cover a portion of the County. These models were used for the last update of the County's transportation plan along with growth factors for the portion of the County not covered by either of these two models. Since the last plan, the Colorado Department of Transportation (CDOT) has completed development of a statewide travel demand model. This model, as the name implies, covers the entirety of Weld County and the state. We have confirmed with CDOT this model is available for use in the development of the Weld County Transportation Plan and are recommending this approach. CDOT's statewide model is based upon the DRCOG and NFRMPO models, which presents an opportunity to forecast traffic volumes to support the Weld County Transportation Plan with a single tool. Use of the statewide model: Provides a consistent forecast for all of Weld County ® Provides consistent socioeconomic data for both a base and forecast year at the TAZ level ® Allows for an understanding of regional trip patterns and their effect on Weld County a Accounts for transit by default and allows for the use of trip making statistics by travel model Weld County Consulting Services for a Draft Master Land Use Plan Map and Transportation Plan Modeling ILOx w Li 4°1 10 • Allows for the possibility of alternative land use scenarios (socioeconomic scenarios) • Reveals travel patterns between the two MPO areas The proposed scope of work that follows has been crafted to meet the County's specific traffic forecasting requirements and covers ATG's proposed approaches in 1) model refinement, and 2) evaluation of future traffic conditions. While we believe the CDOT model would be the most efficient option for Weld County, we are open to using the MPO models if that is the County's preferred approach. Z.= ' This section outlines a proposed scope of work to achieve the tasks outlined in the RFP. While we have taken care to include each of the tasks and subtasks required, we have reorganized them and augmented them to reflect the overlapping nature of the land use and transportation -specific tasks and the overall flow of the process. Our approach includes three distinct tasks: • Task 1: Project Kick-off/Initial Inventory and Analysis Work • Task 2: Draft Master Land Use Plan Map • Task 3: 2045 Modeling Three rounds of in person meetings with the Planning Commission and the Board of County Commissioners are included to coincide with key milestones during the process. Based on our experience, we would anticipate that the focus of discussion with County officials will likely center more on the Draft Master Land Use Plan, versus the transportation model. We also anticipate that that the number of meetings proposed will be sufficient given the timeframe allotted for the overall process. Our proposed scope of work assumes that key team members will be available for meetings with staff every other week, and that these meetings would likely primarily be by phone. However, Clarion is available to attend additional in -person meetings with County staff and officials as necessary. TASK 10 Pb OBJECTIVES n uaW� (,j a !C CK F B T'j AL I NVE Nc Ffl AND ANALYSIS L MORK R Document existing development patterns and potential in Weld County. • Conduct initial evaluation and calibration of transportation model. • Confirm overall approach and priorities for the process. Project Kickoff/Data and Information Gathering Key project team members will conduct an initial meeting with County staff to review and confirm project roles and responsibilities, assemble background data and information, and refine the overall approach and schedule for the project. r Existing Conditions and Development Potential Mapping Clarion will work with County staff to assemble a preliminary existing land use map (parcel -based) for the County using data readily available from the Weld County Assessor and other sources. Existing land uses will be classified and grouped by type: residential, commercial, industrial, natural areas, vacant, agriculture, parks and open space, and others as appropriate. Clarion will also assess other key factors and considerations that are likely to shape the future growth of Weld County, such as, but not limited to: Weld County Consulting Services for a Draft Master Land Use Plan Map and Transportation Plan Modeling CLARION I '1 1 • Environmental values and constraints (e.g., floodplain, sensitive natural areas, open space); • Priority farmland (as identified by the County); • Natural and manmade hazards (e.g., floodway, oil and gas wells, and others based on available information); • Current/pending development approvals; Municipal planning area, special district, and IGA boundaries; and • Other information as applicable and available. Clarion will work with staff to refine the existing land use map so that it provides an accurate depiction of Weld County's existing development pattern. Subsequent to finalizing the existing land use map, Clarion will overlay the County's current zoning districts to identify properties that are currently underutilized and/or inconsistent with their underlying zoning (i.e., existing agricultural land that is zoned for commercial, industrial, or residential uses). The results of this analysis will reveal what types of land use changes are anticipated in the future and where these changes are likely to occur. Considerations for recent non-residential projects that have been approved and developed through the County's former Special Use Review process will also be thoroughly reviewed to better understand what types of uses have been developed in the Agriculture zoning district and where. Information may need to be packaged as a series of maps for legibility purposes but will be consolidated to the extent feasible. 1 r1 e 4I' I� ul e a r d C 1SJ' s M1� It is anticipated that CDOT will provide the use of the statewide travel demand model under a license agreement to the County and project team. The project team will carry out the activities necessary to coordinate, interpret, and analyze travel demand model runs to be performed using the CDOT statewide model. The services shall be provided in close cooperation with the CDOT modeling group and the County. Our work will begin with a thorough review of the data provided by CDOT and the existing MPO models. Note that the reviews in this task will focus on the "top" level items, such as, network structure. The CDOT statewide model incorporated the TAZ structure, socioeconomic data, and roadway networks of the DRCOG and NFRMPO models. As such, the level of detail is the same as the MPO models. Recent updates to the NFRMPO model will be reviewed for inclusion in the CDOT model. 1.3.a. Evaluate Existing Models ATG will examine/review the existing base statewide model along with the models maintained by Denver Regional Council of Governments (DRCOG) and the North Front Range Metropolitan Planning Organization (NFRMPO). The project team will ensure the forecasts produced by the project team for the County's transportation plan addresses the regional planning needs in a carefully thought-out and consistent manner. 1.3.b. Evaluate Network, TAZ, Socioeconomic, and Traffic Count Data ATG will review the updated roadway network, TAZ layer, socio-economic data, and traffic count data provided by CDOT. We are fully aware of how critical these inputs are to the quality of the model and, in turn, the quality of the forecasts from the model. We also understand the amount of efforts needed to generate these model inputs. We will review the data and confirm they are ready to be incorporated to the models. The updated roadway network will represent all state and county facilities included in the previous transportation plan and facilities built or planned since then. A review will be conducted to ensure that all projects included in the long-range transportation plans of the DRCOG and NFRMPO for Weld County are included the roadway network. Weld County Consulting Services for a Draft Master Land Use Plan Map and Transportation Plan Modeling CLARION 12 1.3.c. Enhance Oil and Gas Truck Representation The trucks associated with oil and gas production have an oversized impact on county roads. To accurately capture the travel behavior of this market group, we propose to review the accuracy of truck forecasts on Weld County roads by the statewide model and enhance the representation of oil and gas sites to account for the magnitude of oil and gas trucks observed on county facilities. This enhancement will allow the full impact of oil and gas trucks to be assessed. ATG has recent experience developing a truck model to forecast oil and gas related trucks for the Permian Basin MPO in Texas. 1.3.d. Confirm Model Validation in Weld County ATG has validated numerous urban -area and statewide TDMs for MPOs and State Departments of Transportation around the country. We have established a set of quality -assurance standards and procedures for all travel demand modeling projects. In general, our procedures follow the guideline from the Travel Model Validation and Reasonableness Checking Manual published by FHWA. We follow our established procedures in the validation of model components. Special attention will be given to match the truck counts (vehicle classification counts) in the County to ensure oil and gas activity is correctly accounted for. 1 ny.o Elected and ,Appointed Official Meetings (Round 1) Key project team members will meet with the Planning Commission and Board of County Commissioners to update them on the process to date and to solicit input on their desired outcomes for the process. To help inform these discussions, the project team will prepare a brief overview presentation highlighting the broad range of approaches counties take when it comes to Future Land Use Plans, and some of the potential tradeoffs associated with each. -a 7J 11 1 J J"u 7 `� 1? 111.,5 �1:, 'J OBJECTIVES 1`1 I'�.IV Yid 11 J L; �� • Establish a framework to guide future growth in Weld County. Draft Land Use CategkcY�k s Project team members will prepare a preliminary set of draft future land use categories that captures existing development types within Weld County as well as new development types that are anticipated and desired by the County. This draft will draw upon input received from County staff and elected/appointed officials, current comprehensive plan goals and policies, and other adopted plans. The future land use categories will describe primary and secondary uses, density/intensity ranges (where applicable), and other characteristics of different land uses in Weld County. Photo examples will also be included to help convey the desired intent behind different land use designations on the map. •)„frzla Draft Master Land Use Plan Map Based on input from County staff, the future land use categories will be refined and used to guide the preparation of a baseline draft master land use plan map. Unincorporated areas of Weld County located within municipal planning areas will be reviewed for consistency with adopted plans. Clarion will work with County staff to refine the initial draft and, if desired, develop up to two additional future land use scenarios (e.g., preservation of agricultural land vs. economic development). Weid County Consulting Services for a Draft Master Land Use Plan Map and Transportation Plan Modeling OBJECTIVES 2 3. Effected and Appointed Official Meetings (Round 2) 1 Key project team members will meet with the Planning Commission and Board of County Commissioners to update them on the process to date and to solicit input on the draft Master Land Use Plan Map and associated Land Use Categories. In advance of these meetings, project team members will work with County staff to frame up key policy questions related to the draft Master Land Use Plan Map that warrant further input from and discussion with County officials. a earn a Final Draft Master Land Use Nan Map and Land Use Categories Clarion will prepare a final draft of the Master Plan Use Plan Map(s) and associated Land Use Categories based on input from County officials and further discussion with County staff. A memo summarizing the methodology used to develop the map(s) will also be prepared and will include a brief explanation of broader policy questions that the County should consider as part of a future Comprehensive Plan Update. I ,, • `' h _ Inform the planning process by providing a quantitative description of the performance of the current and proposed transportation system that can be used by decision makers to develop the County transportation plan. ® Apply the CDOT statewide model (or MPO models) to forecast traffic demand and to produce mobility measures that can be used to anticipated transportation system deficiencies. 3.1. MOl,iljfl 1lleasures Mobility is a measure of the transportation system's ability to successfully move people and goods from one place to another within the County and into or out of regional activity centers. A competent mobility strategy considers whether a) the transportation system provides the right quantity of transportation resources to all of the places that people desire to go or where goods must be moved; b) provides sufficient quality of transportation facilities to reliably and safely move from one place or activity to another - no matter what mode of transportation is used. The project team will work with the County to confirm specific mobility measures that the model scenarios should produce (or produce the inputs to allow for calculation of the measure). At a minimum the following mobility measures will be produced for 2045: ® Daily Traffic Volumes ® Peak Period Traffic Volumes ® Truck Volumes Daily Volume/capacity (V/C) Ratios Peak Period Daily Volume/capacity (V/C) Ratios Average Trip Length 3.2. Statewide Model Scenarios Execute components of the CDOT statewide model necessary to obtain traffic volumes and related model outputs necessary to populate select mobility measures for both a 2045 no -build and a 2045 build Weld County Consulting Services for a Draft Master Land Use Plan Map and Transportation Plan Modeling 4 scenario. The team will work to define specific projects and assumptions to be included in each scenario. Draft description of each are as follows: No -Build Scenario — 2045 model scenario containing forecast year roadway projects from the state and other entities in the region but without planned Weld County projects. • Build Scenario - 2045 model scenario containing forecast year roadway projects from the state, other entities in the region, and planned Weld County projects. Third Scenario — 2045 scenario representing an alternate land use scenario (e.g. preservation of agricultural land or economic development). The results of the CDOT statewide model No -Build Scenario runs can be used by the County to analyze deficiencies or shortfalls in level of service delivery. The results for the Build Scenario and Third Scenario can be used to quantify how well each scenario provides relief from the deficiencies in terms of the mobility measures. •o )- 0 /'uII o to / T y r �'� ( The model runs performed shall be used to analyze changes in the travel patterns in the County and surrounding area. The model shall be used to perform select link analysis at the key locations to determine changes to trip origins and destinations as well as travel patterns through and/or around the County. The analysis shall result in a map depicting trip patterns for inclusion in the documentation of the analysis. Ejected and Appointed Official Meetings (Round 3) Key team members will attend a final round of meetings with the Planning Commission and Board of County Commissioners to present the final draft master land use plan map and provide an overview of notable Transportation Model features. For both the map and model, the project team will highlight key considerations for the County as they work toward future updates t0 the comprehensive plan and transportation plan. nal Deliverables: ® ArcGIS map package of the draft master land use plan map ArcGIS map packages of any supporting inventory maps developed as part of the process ® Draft Land Use Categories descriptions in native Word or InDesign format (based on County preference) • Memo summarizing methodology used to develop the draft master land use plan map ® Traffic Forecasting Report documenting the forecasting approach and results • GIS Layers containing the transportation system network attributes and mobility measures produced for each model scenario • GIS layer of trip patterns resulting from select link analysis Veld County Consulting Services for a Draft Master Land Use Plan Map and Transportation Plan Modeling CLARION1 15 J P r e ect Schedu The proposed schedule below illustrates the sequence of tasks and meetings proposed in Section 4 of this proposal, based on an assumed start date of mid -September 2019. Actual timing will be determined by the contract approval process. While the schedule outlined in the RFP is ambitious, we believe that the approach presented in Section 4 is realistic and are committed to working closely with County staff to achieve it. 2019 2020 Sept. Oct. Nov. Dec. Jan. Task 1: Project Kick-off/Initial Inventory and Analysis Work 1.1 Project Orientation Meeting/Data Gathering 1.2 Existing Conditions and Development Potential Mapping 1.3 Refine and Customize Model for Weld County 1.3a. Evaluate Existing Models 1.3b. Evaluate Network, TAZ, Socioeconomic, and Traffic Count Data 1.3c. Enhance Oil and Gas Truck Representation 1.3d. Confirm Model Validation in Weld County 1.4 Elected and Appointed Official Meetings M Task 2: Draft Master Land Use Plan Map 2.1 Draft Land Use Categories 2.2 Draft Master Land Use Plan Map 2.3 Elected and Appointed Official Meetings (Round 2) M 2.4 Final Draft Master Land Use Plan Map and Land Use Categories M Task 3: 2045 Modeling 3.1 Mobility Measures 3.2 Statewide Model Scenarios 3.3 Visualization of Travel Patterns 3.4 Elected and Appointed Official Meetings (Round 3) M Legend: M = Elected and Appointed Official Meetings Weld County Consulting Services for a Draft Master Land Use Plan Map and Transportation Plan Modeling ;:2 0,:` Lin 14 16 c.) A preliminary project budget, broken down by task, is summarized below. It includes all professional fees, travel, and other reimbursable expenses. This cost estimate is based on the team's extensive experience with similar projects. All numbers are preliminary and open to discussion and negotiation. We are flexible and committed to developing a work plan, division of labor, and budget consistent with Weld County's objectives. Fee Proposal: Weld County Draft Master Land Use Plan and Transportation Plan Modeling Team Member White 1 Han Chaney I Allen Chen Huang Wanoner Zhao Admin Billable Rate $/Hour $170 58S $203 $258 $130 $168 $129 $196 $93 Task 1: Project Kick-off/Initial Inventory and Analysis Work 1.1 Project Orientation Meeting/Data Gathering 12 16 0 0 0 0 0 0 0 28 1.2 Existing Conditions and Development Potential Mapping 16 80 0 0 0 0 0 0 0 96 1.3 Refine and Customize Model for Weld County 0 0 0 0 0 0 0 0 0 0 .1.30. Evaluate Existing Models 0 0 0 0 0 0 0 0 0 0 1.3b. Evaluate Network, TAZ, Socioeconomic, and Traffic Count Data 0 0 0 0 0 0 0 0 0 0 1.3c. Enhance Oil and Gas Truck Representation 0 0 0 0 0 i 0 0 0 0 0 1.3d. Confirm Model Validation in Weld County 0 0 i 0 0 0 0 0 0 0 0 1.4 Elected and Appointed Official Meetings 12 12 0 0 0 0 0 0 0 24 Phase 1: Total Hours 40 108 0 0 0 0 0 0 0 148 Phase I Total Labor $6,800 $9,180 $0 $0 $0 $0 $0 $0 $0 $15,980 Person trips 4 4 0 0 0 0 0 0 0 8 Phase 1: Total Travel $288 $0 $0 so $0 so so so so $288 Phase 1: TOTAL $7,088 $9,180 $0 $0 $0 $0 $0 $0 $0 $16,268 Task 2: Draft Master Land Use Plan Map 2.1 Draft Land Use Categories 12 24 0 0 0 0 0 0 0 36 2.2 Draft Master Land Use Plan Map 16 120 0 0 0 0 0 0 0 136 2.3 Elected and Appointed Offfical Meetings (Round 2) 12 12 0 0 0 0 0 0 0 24 2.4 Final Draft Map and Land Use Categories 8 40 0 0 0 0 0 0 0 48 Phase 2: Total Hours 48 196 0 0 0 0 0 0 0 244 Phase 2: Total Labor $g160 $16,660 $0 $0 $0 So So So So $24,820 Person trips 4 4 0 0 0 0 0 0 0 8 Phase 2: Total Travel $288 $0 $0 $0 $0 $0 $0 $0 $0 $288 Phase 2: TOTAL $8,448 $16,660 $0 $0 $0 $0 $0 $0 $0 $25,108 Task 3: 2045 Modeling 3.1 Mobility Measures 0 0 40 8 70 80 60 36 16 310 3.2 Statewide Model Scenarios 0 0 4 0 48 32 0 12 0 96 3.3 Visualization of Travel Patterns 0 0 2 4 12 4 20 8 0 50 3.4 Elected and Appointed Official Meetings (Round 3) 12 12 12 0 0 0 16 0 0 52 Phase 3: Total Hours 12 12 58 12 130 116 96 56 16 508 Phase 3: Total Labor $2,040 $1,020 $11,766 $3,098 $16,962 ii, $19,517 $14367 $1,487 $79,233 Person trips 4 4 1 0 0 • 0 0 r$10,977 o 0 9 Phase 3: TotalTravel $288 $950 $0 $0 50 $0 0 $ ,, $0 $1,238 Phase 3:TOTAL $2,328 $1,020 $12, 716 $3,098 $16,962 $19,517 $12,367 $10,977 $1,487 $80,471 Project Total Hours 100 316 58 12 130 116 96 is • -56 16 g00 Project Total Labor $17,000 $26,860 $11,766 $3,098 $16,962 $19,517 $12,367 $10,977 $1,487 $120,033 Travel Expenses $863 $0 $950 $0 $0 $0 $0 $0 $0 $1,813 Total Fees; Labor and Expenses $17,863 $26,860 $12,716 $3,098 $16,962 $19,517 $12,367 $10,977 $1,487 s $121,846 Weld County Consulting Services for a Draft Master Land Use Plan Map and Transportation Plan Modeling ConcotuS n U i:-_� Z x I a r .C `V csi n ljilitN±160:9 ate Martini' • .i FAR 1 Welt County Consulting Services for a Draft iUlaster Land Use Plan Map and Transportation Plan Modeling 18 NOTICE OF AW PROJECT: B#1900119 To: Darcie liVhite Clarion Associates \\y\N\WWYtlIM\MWNm..V\mNmYYaWM1\NnaN&\NRAN\\N%\\\MNNN\N@•NV\\\\N.NNNNNNNNNN(aNmaNNVNNm 1600 Stout Streets Ste 1700 N\\W\1RNW4\N\NWNMV.W \M\NN\NNMNV MY\\NN\N\\:.V ANWNNW W?1NW\RN Denver, CO 80202 Via email to dwhiteclaripnassociates.com a M;• w; .NN.N.....• . - - - . r"r r -W M YPU\N\NNN\\NN\\W\VA\NN\U\N\NN\\\\\\NNMMM\MNV�f.YF\M'R RD Project Description: COMPREHENSIVE PLAN, LAND USE MAP & TRANSPORTATION PLAN TRAVEL MODEL The work scope will generally consist of planning and engineering services related to planning, traffic modeling. More specifically, the Contract Professional will, with the help of County staff, produce a draft master land use plan for the unincorporated area of Weld County and perform transportation modeling for three transportation planning regions. The project will involve the Contract Professional attending several in -person meetings with staff, the Weld County Planning Commission, and the Board of County Commissioners (BOCC). Weld County has considered the proposal submitted by you for the above described Work in response to its Request for Proposals. You are hereby notified that your proposal has been accepted in the amount of $121 84$ or as shown in the Fee Proposal. You are required to furnish the required Certificates of Insurance within five (5) calendar days from the date of this Notice to you. You are required to return an acknowledged copy of this Notice of Award to Weld County. Dated this 4th day of September, 2019 Weld County, Colorado By: ACCEPTANCE OF NOTICE N\[Oa00\N\\\\\\\Y(tlnN\\\\\\\\.q�n\N\M \AfgNN\\\\Y.NWIM\mN\\N\ .nn••o�nw•n•�o n d N mN\\N\\gr\\\\\p\N\\.\:T"'� N\N\\r\N\N\\N\rNW.W. WM'," Tom Parka, Jr., Director of Planning Services Receipt of the above Notice of Award is hereby acknowledged by i � a N .�ka Pq e Dated this \y! YMFf..a.vtxPaMNaf,AW,\KfxdN\NNN\NN\NN\gYMY dre (Contract Professional) MutixN4S(a.<tACmxx•N�\•mtaNA\A\<aNNgCa.MNNNN\\NN\N\NNN\\\NNN\mNNNYMY6WM\N\NNN\N\NN\v By: Darcie White NMw..wNnM day of a;'""" t\$$ Title: Director\Clarion Associates MMII.�WINM\N\\NN\\�MMwMNNN\\YM\MYM\NNMNN\•.aV•mNN.mNNN\v. a NNw�n.wr�wa�uV a*" 2019 CLARASS-01 JROSS 7. CERTIFICATE OF LIA,ILITY INSURANCE DATE (MM/DD/YYYY) 9/4/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PFS Insurance Group 4848 Thompson Parkway Suite 200 Johnstown, CO 80534 INSURED Clarion Associates LLC 1600 Stout Street, Ste #1700 Denver, CO 80202 CONTACT PFS Insurance NAME: E (Ni°,�N , Ext): (970) 635-9400 FAX (970) 635-9401 I ADDRESS: �YP nfo m fsinsurance.com ADDR INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Westfield Insurance Company INSURER B : Pinnacol Assurance CO 24112 41190 INSURER C : Zurich American Insurance CO 16535 INSURER D : Houston Casualty Company INSURER E : 42374 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS INDICATED. CERTIFICATE EXCLUSIONS IS TO CERTIFY AND THAT THE POLICIES NOTWITHSTANDING ANY MAY BE ISSUED OR MAY CONDITIONS OF SUCH OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X CWP042989M 8/11/2019 8/11/2020 EACH OCCURRENCE $ 2,000,000 DAMMAGE ES TO(Ea RENTEDoccurrence) PREIS $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PE O LOC PRODUCTS - COMP/OP AGG $ 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY CWP042989M 8/11/2019 8/11/2020 COMBINED (Ea accident, SINGLE LIMIT 1,0009000 $ ANY AUTO , BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ X AUTOS ONLY X Al O ONLY PROPERTY l ;Per accident)DAMAGE $ $ A X UMBRELLA LIAB X OCCUR CWP042989M 8/11/2019 8/11/2020 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 2,000,000 DED X RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N / A X 4060755 7/1/2019 7/1/2020 X PER STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ C D Worker's Compensatio Professional Errors WC4633097-09 H718112267 7/1/2019 9/22/2018 7/1/2020 9/22/2019 Other Prof States Liability NC & NY 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS if required by written contract, County Liability. If required by written contract Liability and Workers' Compensation. / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If of Weld and Board of County Commissioners are included a Waiver of Subrogation in favor of County of Weld and more space Is required) as Additional Insured for ongoing operations under General Board of County Commissioners applies to the General CERTIFICATE HOLDER CANCELLATION Weld 1555 Greeley, County Planning Department p N 17th Avenue CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 9/y MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: TOM PARKO, JR., DIRECTOR OF PLANNING DATE: SEPTEMBER 4, 2019 RE: RFP B#1900119 - COMPREHENSIVE PLAN LAND USE MAP AND TRANSPORTATION PLAN TRAVEL MODEL As was presented on August 19, 2019, two submittals were received for this request for proposals fora draft master land use plan map and travel model. Staff from Planning Services, Public Works, and Purchasing have reviewed the submittals and recommend the Board select Clarion Associates, which was the low bidder. The total bid amount is $121,846. Of the total, $80,471 will be paid from Public Works' budget for the travel model and the remaining $41,375 will be paid from Planning's budget. The contract is scheduled for the September 9, 2019, agenda. A worksession with Clarion is scheduled for September 10, 2019, at 2 pm. o?o/ 9- 374d E4 ri /LO373 WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley, CO 80631 E -Mail: rturf(a weldgov.com E -Mail: reverettaweldgov.com E-mail: cmpeters(cr�.weldgov.com Phone: (970) 400-4216, 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: AUGUST 14, 2019 REQUEST FOR: CONSULTING SERVICES LAND USE PLAN MAP & TRAVEL MODEL DEPARTMENT: PLANNING & PUBLIC WORKS BID NO: #B1900119 PRESENT DATE: AUGUST 19, 2019 APPROVAL DATE: SEPTEMBER 4, 2019 (DUE TO HOLIDAY) VENDOR TOTAL START DATE END DATE CLARION 1600 STOUT STREET, STE. 1700 DENVER, CO 80202 CTA 303 EAST 17th AVENUE, STE 105 DENVER, CO 80203 $121,846 $124,620 09/09/2019 01/31/2020 09/09/2019 01/24/2020 The Departments of Public Works and Planning will review the bids. at/9. 3'7g5 E606740 AOo 73 Hello