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HomeMy WebLinkAboutC18-272 Fehr & PeersAGREEMENT FOR PROFESSIONAL SERVICES RELATED TO THE EAGLE COUNTY FIRST/LAST MILE STUDY BETWEEN EAGLE COUNTY, COLORADO AND FEHR & PEERS THIS AGREEMENT (“Agreement”) is effective as of _____________________, by and between Fehr & Peers a Colorado Corporation (hereinafter “Consultant”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County desires to engage Consultant to perform services related to the Eagle County First/Last Mile Study (the “Project”) within the Eagle Valley Transit Service Area (the “Service Area”); and WHEREAS, Consultant is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Consultant and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and County agree as follows: 1. Services. Consultant agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A (“Services”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Consultant agrees to furnish the Services no later than September 30, 2019 and in accordance with the schedule established in Exhibit A. By signing below Consultant represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. c. Consultant agrees that it will not knowingly enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 9/17/2018 2 Eagle County Prof Services Final 5/14 2. County’s Representative. The Transit Department’s designee shall be Consultant’s contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 12 hereof, shall continue in full force and effect through the 30th day of September, 2019. 4. Extension or Modification. This Agreement may not be amended or supplemented, nor may any obligations hereunder be waived, except by agreement signed by both parties. No additional services or work performed by Consultant shall be the basis for additional compensation unless and until Consultant has obtained written authorization and acknowledgement by County for such additional services in accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that 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 County for such additional services is not timely executed and issued in strict accordance with this Agreement, Consultant’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. 5. Compensation. County shall compensate Consultant for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $75,000. Consultant shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by County shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses shall not include any payment of salaries, bonuses or other compensation to personnel of Consultant. Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by County. c. 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 Consultant was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 3 Eagle County Prof Services Final 5/14 written notice of such determination and request for reimbursement from County, Consultant 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. d. County will not withhold any taxes from monies paid to the Consultant hereunder and Consultant 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. e. 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 Consultant 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). 6. Sub-consultants. Consultant acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any sub-consultant agreements for the performance of any of the Services or additional services 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. Consultant shall require each sub-consultant, as approved by County and to the extent of the Services to be performed by the sub-consultant, to be bound to Consultant by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any sub-consultant hired by Consultant and Consultant shall cooperate in such process. The Consultant shall be responsible for the acts and omissions of its agents, employees and sub-consultants or sub-contractors. 7. Insurance. Consultant agrees to provide and maintain at Consultant’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 4 Eagle County Prof Services Final 5/14 iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. iv. Professional liability insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to County, with limits of liability of not less than $1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability insurance is on a claims-made basis, Consultant warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services and Project. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. ii. Consultant’s certificates of insurance shall include sub-consultants as additional insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for each sub-consultant. All coverage(s) for sub-consultants shall be subject to the same minimum requirements identified above. Consultant and sub-consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Consultant and its sub-consultants until the applicable statute of limitations for the Project and the Services has expired. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an “A.M. Best” rating of not less than A-VII. iv. Consultant’s insurance coverage shall be primary and non-contributory with respect to all other available sources. Consultant’s policy shall contain a waiver of subrogation against Eagle County. v. All policies must contain an endorsement affording an unqualified thirty (30) days notice of cancellation to County in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 5 Eagle County Prof Services Final 5/14 vii. Consultant’s certificate of insurance evidencing all required coverage(s) is attached hereto as Exhibit B. Upon request, Consultant shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five (5) business days of a written request from County, and hereby authorizes Consultant’s broker, without further notice or authorization by Consultant, to immediately comply with any written request of County for a complete copy of the policy. viii. Consultant shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Consultant, at its own expense, will reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new certificate of insurance showing such coverage. ix. If Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. x. The insurance provisions of this Agreement shall survive expiration or termination hereof. xi. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. xii. Consultant is not entitled to workers’ compensation benefits except as provided by the Consultant, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Consultant shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, Consultant’s negligence, recklessness, willful misconduct, or breach of this agreement in the performance or nonperformance of this agreement by Consultant or any of its sub-consultants hereunder; and Consultant shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 6 Eagle County Prof Services Final 5/14 that County is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by Consultant in connection with the Services shall become property of County. Consultant shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights) to the same as County shall from time to time request. For purposes of this paragraph, the term “documents” shall mean and include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for Consultant (including any employee or subconsultant in connection with the performance of the Services and additional services under this Agreement). 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Chris Lubbers 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-3533 Facsimile: 970-328-3539 E-Mail: christopher.lubbers@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-Mail: atty@eaglecounty.us DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 7 Eagle County Prof Services Final 5/14 CONSULTANT: Fehr & Peers Transportation Consultants Attention: Carly Sieff 518 17th St Suite 1100 Denver, CO 80202 Telephone: 720-457-6370 E-Mail: c.sieff@fehrandpeers.com 11. Coordination. Consultant acknowledges that the development and processing of the Services for the Project may require close coordination between various consultants and contractors. Consultant shall coordinate the Services required hereunder with the other consultants and contractors that are identified by County to Consultant from time to time, and Consultant shall immediately notify such other consultants or contractors, in writing, of any changes or revisions to Consultant’s work product that might affect the work of others providing services for the Project and concurrently provide County with a copy of such notification. Consultant shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from County. If such prior approval is not obtained, Consultant shall be subject to any offset for the costs of such extra work. 12. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Consultant. Upon termination of this Agreement, Consultant shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Consultant for Services satisfactorily performed to the date of termination. 13. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 14. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 8 Eagle County Prof Services Final 5/14 15. Other Contract Requirements. a. Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Consultants performing similar services. Consultant represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed to perform the Services within Colorado. This paragraph shall survive termination of this Agreement. b. Consultant agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. However, Consultant is not responsible or liable for any delay or failure to perform beyond Consultant’s reasonable control. c. This Agreement constitutes an agreement for performance of the Services by Consultant as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between County and Consultant except that of independent contractor. Consultant shall have no authority to bind County. d. Consultant represents and warrants that at all times in the performance of the Services, Consultant shall comply with any and all applicable laws, codes, rules and regulations. e. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. f. Consultant shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. g. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 9 Eagle County Prof Services Final 5/14 h. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. i. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. j. Consultant shall maintain for a minimum of three years, adequate financial and other records for reporting to County. Consultant shall be subject to financial audit by federal, state or county auditors or their designees. Consultant authorizes such audits and inspections of records during normal business hours, upon 48 hours’ notice to Consultant. Consultant shall fully cooperate during such audit or inspections. k. The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Consultant has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Consultant shall not employ any person having such known interests. l. The Consultant, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 16. Prohibitions on Government Contracts. As used in this Section 16, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Consultant certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Consultant will participate in the E-verify Program or other Department of Labor and Employment program (“Department Program”) in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Consultant shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 10 Eagle County Prof Services Final 5/14 ii. Enter into a subcontract that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: https://www.uscis.gov/e-verify c. Consultant shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Consultant shall be required to: i. Notify the subcontractor and County within three (3) days that Consultant has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Consultant violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Consultant shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Consultant violates this provision of this Agreement and County terminates the Agreement for such breach. DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 11 Eagle County Prof Services Final 5/14 [REST OF PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 12 Eagle County Prof Services Final 5/14 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONSULTANT: By:________________________________ Print Name: _________________________ Title: ______________________________ DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 Principal Ann Bowers SUBMITTED ON AUGUST 15, 2018 UPDATED ON AUGUST 30, 2018 BY: FEHR & PEERS 518 17th Street, Suite 1100 Denver, Colorado 80202 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES (Page 1 of 8) DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 Eagle County First/Last Mile Study  August 30, 2018      1    Scope of Work TASK 1: PROJECT MANAGEMENT AND STUDY INITIATION Fehr & Peers will attend an in-person kick-off meeting to present a draft Project Management Plan that includes a refined, final scope of work, schedule with deliverable deadlines for each task and a Communications Plan. Eagle County will assemble two advisory groups that Fehr & Peers will work closely with through the extent of the project—a small Project Management Team (PMT) and a Stakeholder Advisory Committee (SAC). The SAC should include representatives from Avon, Beaver Creek, and Vail Transit agencies, Vail Ski Resorts, CDOT and local officials from communities served by ECO Transit. The Communications Plan will include short, bi-weekly conference calls with the PMT to ensure the project stays on scope, schedule, and budget. There will be two in-person SAC meetings—immediately following the project kick- off and during the draft report phase. In between in-person meetings, there will be three monthly calls throughout the project. We will deliver an updated, final Project Management Plan based on input from the kick-off meeting. TASK 2: DATA COLLECTION AND PROBLEM EVALUATION Fehr & Peers will review the recently completed Transit Development Plan (TDP), with a focus on survey results, study area characteristics, and high priority recommendations as they relate to transit access. These key takeaways from the TDP, such as the barriers to taking transit for non- riders, trip planning app recommendations, and assessment of Park N Rides, will provide important context for first/last mile recommendations. This Study will not analyze the ECO Transit routes (except for the Minturn route, as described in Task 3), but will build upon the analysis in the TDP. This task will also include review of the Avon Recreational Trails Master Plan and the Eagle Area Trails Plan to gather GIS data of existing and previously proposed bicycle and pedestrian, on and off-street, infrastructure as well as summarize recommendations that pertain to first last mile solutions. The synthesis of these planning efforts will be complemented by coordination with additional departments including Community Development, Engineering, Public Health and Sustainable Communities through one conference call per department to ensure this task includes a comprehensive, up-to-date assessment of gaps in the network as they pertain to first/last mile needs. Fehr & Peers will also coordinate with CDOT to receive Average Daily Traffic (ADT), roadway geometry, and speed data and recommend treatments along or across state- EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES (Page 2 of 8) DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 Eagle County First/Last Mile Study  August 30, 2018      2    owned roadways that are consistent with CDOT design standards. Additionally, Fehr & Peers will collaborate with Avon, Beaver Creek, and Vail Transit agencies to collect data on their service - including routes, frequency, stops, and span – along with their ridership data. The information will inform what opportunities exist for regional connections that could be fostered between ECO Transit and its peer agencies in the County as well as through CDOT grants and efforts. We will expand on the TDP by gathering available GIS data on the County’s road network including sidewalks, paved trail network, bus routes, transit stops, key destinations (e.g. employment centers, medical providers, transportation hubs), location of affordable housing complexes, and location of trailer park communities. The data will be assembled and delivered in a GIS database. Fehr & Peers will also request any available traffic, bicycle, and pedestrian counts from Eagle County Engineering Department on roads that both serve ECO Transit, or may serve as feeder routes for first/last mile services; Fehr & Peers will not be gathering new counts as part of this scope of work This synthesis will be summarized in a technical memorandum, addressing existing conditions in the study area. TASK 3: ANALYSIS AND RECOMMENDATIONS Fehr & Peers will work closely with Eagle County to compile prioritized, phased, and implementable recommendations for first/last mile strategies. Fehr & Peers will offer recommendations for both improving ECO Transit and fostering better connections with other area transit services, provide recommendations for forming public/private partnerships (PPPs) with new mobility providers, along with strategies for making walking and bicycling safer and more effective mode choices. With that, we will consider three categories of recommendations: infrastructure recommendations (i.e. bicycle and pedestrian capital projects), programmatic recommendations (i.e. bike/scooter share, ride hailing, transportation demand management) and transit agency partnerships. Infrastructure Recommendations We will prioritize all bus stops in the ECO transit system based on the benefit and need for infrastructure recommendations. To prioritize stops requiring infrastructure improvements, we will build off the analysis we completed in Figure 1. Using the Open Streets Map and big data, we have calculated a bicycle and pedestrian friendliness score for each stop in the system, as show in the map in Figure 1. The Bicycle Connectivity Index displays the average LTS rating of EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES (Page 3 of 8) DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 Eagle County First/Last Mile Study  August 30, 2018      3    streets within three miles of each ECO Transit bus stop, with the darkest green dots representing streets with an LTS rating of 1 (very comfortable) and the darkest red dots representing an average LTS rating of 4 (uncomfortable). We will hone this analysis by enhancing the input data with other available data sources provided by the County such as multi-use paths and adding in criteria such as population and employment. Cost will be provided for each recommendation (as described in the following paragraphs), but will not be considered in the prioritization in order to allow for more expensive recommendations to be prioritized according to benefit and need rather than cost. Figure 1: Bicycle and pedestrian indices scores We will provide detailed recommendations for on- and off-street bicycle and pedestrian facilities for the ten top tier stops, or the first phase. These recommendations will include:  Bicycle and pedestrian crossings within ¼ mile of each top tier stop- We will use our Xwalk+ tool to determine recommended treatment types (including grade separated crossings) for crossing facilities based on the posted speed limit, number of travel lanes, and vehicular and pedestrian volume (where available). We will coordinate with CDOT to review recommendations and identify potential opportunities for cost sharing.  Pedestrian connections within ½ of each top tier stop- We will propose pedestrian facilities that identify sidewalk width, buffer presence and width, and tree lawn presence, based on gaps in the existing pedestrian network and roadway volume and speed.  Bicycle connections within 3 miles of each top tier stop- We will propose corridors and bicycle facility types in order to create a low-stress and connected bike network around bus stops, including crossing treatments at stop locations. We will build off the identification of LTS in Figure 2. EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES (Page 4 of 8) DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 Eagle County First/Last Mile Study  August 30, 2018      4    Figure 2: Level of Traffic Stress around a sample bus stop Each recommendation will be accompanied by implementation factors including planning level cost estimates (capital costs and annual operating costs), funding opportunities, agencies and departments involved, and phasing. This implementation plan will allow for more streamlined implementation of recommendations. Programmatic Recommendations Programmatic recommendations will include Transportation Demand Management (TDM) strategies and public private partnerships with innovative mobility providers. We will develop a TDM toolbox based on our work with California Air Pollution Control Officers Association (CAPCOA) and on other TDM Plans from around the country. We will identify the TDM strategies that are recommended for different bus stop typologies in the system. Typologies will be identified by land use, connectivity of the street network and ridership levels. TDM strategies will be selected based on those that will be most effective in increasing transit ridership and first last mile access. A matrix will be created that identifies each typology, bus stops that fall under that typology, TDM strategies recommended for that typology, and approaches to implementing those strategies. With the understanding that ECO Transit has unique ridership, with seasonally fluctuating trends, high demand on weekends, and periodic influxes of seasonal workers and tourists, this toolbox of TDM strategies will include a list of strategies for helping a non-traditional ridership base access transit. Recommendations could include innovative tools for communicating service information to the public, marketing strategies for attracting more riders to ECO Transit, the newest trends in fare payment technologies, and best practices in establishing fare-interoperability so users can access a multimodal system using one payment method. By using TDP data provided by the County, we will also consider how ridership differs on weekdays, EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES (Page 5 of 8) DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 Eagle County First/Last Mile Study  August 30, 2018      5    weekends and holidays and add qualitative notes of distinction to recommendations that should be focused on the different service periods. We will also consider recommendations for public private partnerships with providers including transportation network companies (TNCs), bike/scooter share (docked, dockless, e-bikes), or microtransit. We will evaluate which of these innovative mobility options are viable and effective solutions in the region. This evaluation will be based on up to three knowledge sharing sessions with other peer jurisdictions (such as Summit County, Utah), review of best practices and case studies, and discussions with the SAC and PMT. We will reach out to potential providers who provide these identified services, which include bike/scooter share, microtransit and TNCs. Following a determination of the viability of various innovative modal options/PPPs, we will determine the stop locations where each respective mode recommendation should be considered. We will then facilitate high-level conversations with providers about driver supply, contractual elements, data sharing, and operational characteristics such as fare structure, technology, integration with fixed route transit, booking mechanisms, dynamic scheduling and routing, and ADA accessibility. In addition to pursuing these options as first last mile solutions, we will consider their viability as a supplement to the ECO Transit Minturn Route. This analysis will use the service productivity analysis in the TDP to determine if an on-demand transportation service will provide a more cost-effective replacement to this ECO Transit route. For up to three recommended mobility options discussed previously (bike/scooter share, TNCs, microtransit) we will develop an implementation plan, which will be based on a qualitative assessment that will inform the following operational factors: fare and subsidies, service area, preferred provider models, curbside management, parking and right of way at stops, booking mechanisms, ADA, and integration with ECO Transit for payment and trip planning. We will also provide a literature review of examples of on-demand transportation involving PPPs working with TNCs to provide first/last mile service. Transit Agency Partnerships The third category of recommendations will include a high-level assessment of existing local transit systems including Avon Transit, Beaver Creek Transit, and Vail Transit. Through a conference call with these agencies, we will come up with a list of the current challenges and barriers in connecting each of these local transit agencies with ECO Transit. Frequency, span, bus stop locations and likely transfer time will be recommended to address these challenges in the context of connections to ECO Transit. For the top ten high priority recommendations, we will EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES (Page 6 of 8) DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 Eagle County First/Last Mile Study  August 30, 2018      6    consider the revenue-hours and operating cost implications of any of these recommended changes. These recommendations will be prioritized based on ridership, ease of implementation and potential benefit. Recommendations and methodology will be summarized in a technical memorandum and a chapter of the final report. TASK 4: OUTREACH AND IMPLEMENTATION Eagle County will coordinate with contacts at local jurisdictions, other departments and the public on scheduling, advertising and all meeting logistics; Fehr & Peers will lead and facilitate the meetings and provide meeting material. Outreach to three different groups will be critical to the success of this project: the public, key stakeholders and potential transportation service providers. Public and stakeholder in-person outreach will take place at two points throughout the project—1. immediately following the kick-off meeting at the start of the project and 2. during the draft report. The first meeting following the project kick-off will discuss the range of first/last mile strategies and what is currently working and not working and what is not being implemented but should be considered. The second in-person meeting will review and prioritize proposed strategies based on the assessment completed during Task 3. We will present at and lead an in-person meeting for both phases. Material for the public will include boards and a presentation. Outreach to potential providers is discussed under Task 3. Results and inputs will be summarized in a technical memorandum and a chapter of the final report. TASK 5: REPORT DOCUMENT We will prepare a draft and final report, including a written summary of all technical content and associated tables, figures, maps, schedules and appendices of technical memos submitted in previous tasks. We will participate in two rounds of consolidated comment with the PMT for the report.     EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES (Page 7 of 8) DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 Eagle County First/Last Mile Study  August 30, 2018      7    Cost The Fehr & Peers team will complete the project approach described within the $75,000 budget. The shown fee includes all core tasks described in the scope.   Schedule Fehr & Peers proposes the following six-month schedule for this project to allow for the appropriate amount of time for public and stakeholder outreach throughout the process.   EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES (Page 8 of 8) DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 9/10/2018 License # 0E67768 (925) 416-7869 13056 Fehr & Peers 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 37478 19917 A 1,000,000 PSB0006683 12/06/2017 12/06/2018 1,000,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000A PSA0002276 12/06/2017 12/06/2018 5,000,000A PSE0002889 12/06/2017 12/06/2018 5,000,000 0 B 57WEGZJ1989 05/01/2018 05/01/2019 1,000,000 1,000,000 1,000,000 C Professional Liab.AEXNYABEFJ2002 12/06/2017 Per Claim 3,000,000 C Professional Liab.AEXNYABEFJ2002 12/06/2017 12/06/2018 Aggregate 3,000,000 All Operations of the Named Insured, including the aforementioned project, if any. General Liability: Please see blanket Additional Insured endorsement attached; such coverage is Primary and Non-Contributory with Waiver of Subrogation included, as required per written contract. Auto Liability: Please see blanket Additional Insured endorsement with Waiver of Subrogation included, as required per written contract. GENERAL LIABILITY & AUTO LIABILITY INCLUDE THE FOLLOWING PERSON(S) OR ORGANIZATION(S): Eagle County, ECAT, ECHDA, etc.], its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers, as required per written contract Eagle County Attention: Chris Lubbers 3289 Cooley Mesa Road, PO Box #1070 Gypsum, CO 81637 FEHR&PE-01 YOUNGT IOA Insurance Services 3875 Hopyard Road Suite 200 Pleasanton, CA 94588 Nicole Francisco Nicole.Francisco@ioausa.com RLI Insurance Company Hartford Insurance Company of the Midwest Liberty Insurance Underwriters, Inc X 12/06/2018 X X X X X X X X EXHIBIT B (Page 1 of 4) DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 Policy Number:RLI Insurance Company Named Insured: PPB 304 02 12 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack®FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II – LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a.In the performance of your ongoing operations; b.In connection with premises owned by or rented to you; or c.In connection with “your work” and included within the “product-completed operations hazard”. 2.The insurance provided to the additional insured by this endorsement is limited as follows: a.This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b.This insurance does not apply to the rendering of or failure to render any "professional services". c.This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3.The following is added to SECTION III H.2. Other Insurance – COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II – LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a.The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b.The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4.The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us – COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II – LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PSB0006683 Fehr & Peers LIABILITY) 4.The following is added to SECTION III K. 2.g Transfer of Rights of Recovery Against Others togyg Us – COMMON POLICY CONDITIONS (BUT( APPLICABLE TO ONLY TO SECTION II – 1. C. WHO IS AN INSURED isamended to include as an additional insured anyperson or organization thatyp g you agreeinacontractoragreement requiringygg qg insurance to include as an additionalinsured onthis policy, but only with respect to liability for "bodilypy injury", y "property p damage"or y "personal y andjy pp y g p advertising injury" caused in whole or in part by you or those acting on your behalf: gjy However, if you specifically agree in a contract oryp yg agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory py ppy py py y basis, this insurance is primary to other insurancepy thatisavailable tosuch additionalinsured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: EXHIBIT B (Page 2 of 4) DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 Policy Number:RLI Insurance Company Named Insured: PPA 300 03 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair – Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage – Loss Of Use L. Hired Car – Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition – Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition – Railroad Easement Q. Coverage Extensions – Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PSA0002276 Fehr & Peers C. Blanket Additional Insured D. Blanket Waiver Of Subrogation EXHIBIT B (Page 3 of 4) DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921 PPA 300 03 13 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II – COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50%) or more of the business entity and the business entity is not separately insured for Bus- iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION II – COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any “employee” of yours is an “insured” while using a covered “auto” you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION II – COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed by you before the “bodily injury” or “property damage” occurs is an “insured” for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an “insured” under the Who Is An Insured provision contained in SECTION II – COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contributory basis to the additional insured’s own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the “bodily injury” or “property damage” occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV – BUSI- NESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any “accident” or “loss”, provided that the “accident” or “loss” arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E. Employee Hired Autos 1.The following is added to the SECTION II – COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: An “employee” of yours is an “insured” while operating an “auto” hired or rented under a contract or agreement in that “employee's” name, with your permission, while performing duties related to the conduct of your business. 2.Changes In General Conditions: Paragraph 5.b.of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b.For Hired Auto Physical Damage Coverage, the following are deemed to be covered “autos” you own: (1) Any covered “auto” you lease, hire, rent or borrow; and (2) Any covered “auto” hired or rented by your “employee” under a contract in that individual “employee's” name, with your permission, while performing duties related to the conduct of your business. However, any “auto” that is leased, hired, rented or borrowed with a driver is not a covered “auto”. F. Fellow Employee Coverage SECTION II – COVERED AUTOS LIABILITY COVERAGE, Exclusion B.5. does not apply if you have workers compensation insurance in-force covering all of your employees. G. Auto Loan Lease Gap Coverage SECTION III – PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total “loss” to a covered “auto” shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered “auto”, less: 1.The amount paid under the PHYSICAL DAMAGE COVERAGE section of the policy; and 2.Any: a.Overdue lease/loan payments at the time of the “loss”; C. Blanket Additional Insured D. Blanket Waiver Of Subrogation EXHIBIT B (Page 4 of 4) DocuSign Envelope ID: C07ED0D9-E515-4E18-A77F-B5F39335A921